New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-26

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rules to be takeHas applicable to the case
and by such principles of international la,
not inconsistent Herewith as the arbitrator
shall determine to have been applicable t.
the case.
A neutral government is bound
Erst,.to use due diligence to prevent tn
hitting out, arming, or equipping, within it
jurisdiction, Of any vessel which it has rea
sonable ground to believe is intended t
cruise or carry on war against power viii
which it is at peace; and also to use ik
diligence to prevent the departure from it
jurisdiction Of any vessel intended to cruis,
or carry on war as above, such vessel hav
ing been specially adapted. in whole or il
part, within such jurisdiction, to warlik'
use.
Secondly, not to permit or suffer eithel
Delhgerent TO make use OF its ports OF
waters as tie base Of naval operation!
against the other, or for the purpose Of thu
renewal or augmentation of military sup
plies or arms, or The recruitment of men.
Thirdly, to exercise due diligence in it,
own ports and waters, and, as to all per
sons within its jurisdiction, to prevent any
violation Of the foregoing obligations and
duties.
Her Britannia Majesty has commanded
| her high commissioners and plenipOtentia
ries to declare that Her Maiestys govern
/
as a statement of principles of international
law which We're in force at the time when the
claims mentioned IN Article / arose, bat
that Her Majestvs government, in order
to evince its desire of Strengthening the
friendly relations between the two cour-
tries and Of making satisfactory provision
Tor the future, agrees that in deciding the
! questions between the two countries arisin g
out OF those claims, the arbitrators should
| <.ha<u Naio rvs Il
| undertaken to act upon the principles set
forth IN these rules.
AND the hig contracting parties agree to
observe these rules AS between themselves
IN future, and TO bring them to the knowl.
edge of other maritime powers, and to in
| vlte them to accete to them.
ARTICLE VII.
The decision OF the tribunal shall, if pos.
sible, be made within three months from
the close Of the argument on both sides.
1t shall be made in writing and dated,
and shall be signed by the arbitratOrs who
may assent TO it.
The said tribunal shall first determine as
to each vessel separately whether Great
Britain has, 10y any act or omission, failed
to fulfill any OF the duties set forth in the
foregoing three rules. or recognized BIZ the
principles OF international law not inconsist-
ent with such rules, and shall certify such
fact as to each c1 the said vessels. In case
the tribunal ind that Great Britain has
failed to fulfill any duty or duties as afore-
said. it may. if ii think proper, proceed to
award sum in gross to be paid by Great
Britain to the United States for all claims
referred to it: aud in such case the gross
sum so awarded shall he paid in coin By the
government OF Great Britain to the govern
ment of the United States at Washing ton,
within twelve months after the date OF the
award.
The award shall be in duplicate, one copy
whereof shall lie delivered to the agent Of
the Unite. States Tor his government. and
agent of Great Britain for his govern
ment.
ARTICLE VIII.
Each government shall pay its own
agent. and provide for the proper
remuneration OF the counsel EN-
ployed by II and of the arbitrator
appointed by il. and for the expense of pre-
pairing and submitting its case to the tribu-
nal All Other expenses connected with
the ALTERATION shall be betrayed by the two
governments u equal noieties.
ARTICLE N.
The arbitrato.s shall keep an accurate
record Of their proceedings, and may APP
point and employ the necessary officers to
VI.
AETICLL x.
In case the tribunal finds that Great
Britain has failed TO fulfil any duty or
duties DIS aforesaid. and does not award a
sum III gross. the high contracting parties
agree that board Of assessors shall he APP
pointed 70 ascertain and determine what
claims are valid. and what amount or
amounts shall he paid by Great Britain to
the United States on account Of the liability |
arising from sncn failure. as to each vessel. !
according to tie extent of such liability as |
decided 10y tie artitratOrs.
The board OF assessors shall be consti- |
tuted as follows: One member thereof shall
be named by tie President of the United |
States, one member thereof shall be !
b; Her Britannia Majesty; and one |
member thereof shall be named By the |
at Washington of His Majesty |
the King OF Italy: and in case of vacancy !
from any cause. it shall be 1illed |
In the same manner IL which the original |
appointment was made.
AS soon as possible after such nomina-
tons tine board OF assessors shall be organ
lied III Washington. with power TO hold |
their sittings there. or in New York. or in
Boston. The members thereof shall sever
ally subscribe a solemn declaration that
they will lmpartlallv and carefully examine
and decide. TO the best of their Judgment |
and according 10 justice and equity. all mat
ters submitted 10 them. and shall forth
with proceed, under such rules and regular
tons as they may prescribe. to the investi
cation OF the claims which shall he presented
to them by the government of the United
states. ana shall examine and decide
upon them IN such order and manner as
they may think proper. but upon such evil
ience or information only as shall be FUR
llshed by or or behalf of the governments
If the United States and of Great Britain,
They shall be bound to hear
IN each separate claim. if required. one per-
son on behalf u each government, as cOun-
'el or agent. majority of the assessors in
-ach case shall oe sufficient for decision.
The decision OF each assessor shall be |
ylven upon each claim in writing, and shall
re signed by them respectively and dated
Each claim stall he presented to the as
SCISSORS within SIX months from the day of |
heir first meeting. but they NAV. for good
'ause shown. extend the time for the pre-
entation OF any claim toa further period,
Tot exceeding three months.
The assessors shall report to each govern
nent at or before tie expiration Of one year
rom the date OF their first meeting the
mount OF claims decided by them I'D to the
late OF such report: if further claims then
emaln undecided, they shall make further
eport at or before the expiration of two
ears from the date Of such first meeting;
nd IN case any Claims remain undetermined
t that time, they shall make final report
within further period of six months.
The report or reports shall be made in
duplicate, and one copy thereof shall be de-
vered to the Secretary Of State of the
'nited States and one copy thereof to the
representative of Her Britannia Majesty at
Washington.
All sums of money which may be awarded
nder tnis article shall be payable at Wash
lgton. in coin, within twelve months after