New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-07

and by such principles of international law
not inconsistent Herewith as the arbitrators
shall determine to have been applicable to
the case.
A neutral government is bound
First, to use due diligeneesto prevent the
fitting out, arming, or equipplng, within Its
jurisdiction, of any vessel which it has rea-
sonable ground to believe is intended to
cruise or carry on war against a power with
which it is at peace; and also to use like
diligence to prevent the departure from its
jurisdiction of any vessel intended to cruise
or carry on war as above, such vessel hav-
ing been specially adapted, in whole or in
part, within such jurisdiction, to Warilke
use.
Secondly, not to permit or suffer either
belllgerent to make use OF its ports or
waters as the base of naval operations
against the other, or for the purpose of the
renewal or augmentation of military sup
plies or arms or the recruitment Of men.
Thirdly, to exercise due diligence in its
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 Maiesty's govern
ment can not assent to the foregoing rules
as statement of principles of International
law which were in force at the time when the
claims mentioned in Article l arose, but
that Her Majesty's government, in order
to evlnce its desire OF Strengthening the
friendly relations between the two coun-
tries and Of making satisfactory provision
for the future, agrees that in deciding the
questions between the two countries arising
out of those claims, the arbitrator should
assume that Her Majesty's government had
undertaken to act upon the principles set
forth in these rules.
And the high 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 10 III
vite them to accede to them.
ARTICLE VII.
The decision of the tribunal shall, if DOS
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 " no
may assent to it.
The said tribunal shall first determine as
to each vessel separately whether Great
Britain has, by any act or omission, failed
to fulfill any Of the duties set forth in the
rtgoing three rules, or recognized by the
principles of international law not ineonsist-
ont with such rules, and shall certify such
fact as to each Of the said vessels. In case
failed to fulfill any duty or duties as afore-
said, it may, if it think proper, proceed to
award a'sum in gross to be paid by Great
Britain to the United States for all claims
referred to it; and in such case the gross
sum so awarded shall be paid in coin by the
government of Great Britain to the govern
ment of the United States at Washington.
within twelve months after the date Of the
award.
The award shall be in duplicate, one copy
whereof shall be delivered TO the agent of
the United States for his government, and
the other copy shall be delivered to the
agent Of Great Britain for his govern
ment.
ARTICLE VII,
Each government shall pay its own
agent, and provide for the proper
remuneration of the counsel en-
ployed by it and of the arbitrator
by it, and for the expense of pre-
pairing and submitting its case to the tribu-
nal All oth.r expenses connected with
the arbitration shall be betrayed by the two
governments in equal moieties.
ARTICLE X.
The arbirrators shall keep an accurate
record OF their proceedings, and may APP
point and employ the necessary officers to
assist them.
ahILNLt1 ~
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid, and does not award a
sum in gross, the high contracting parties
agree that board Of assessors shall be APP
pointed to ascertain and determine what
claims are valid, and what amount or
amounts shall be paid by Great Britain 10
the United States on account Of the liability
arising from such failure as to each vessel
according to the extent of such liability as
decided by the arbitrator.
The board of assessors shall be consti-
tuted as follows: One member thereof shall
be named by the President of the United
States, one member thereof shall be
named By Her Britannia Majesty; aud 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 filed
in the same manner in which the original
was made.
As soon as possible after such nominal
tons the board OF assessors shall be organ
lied in Washington, with power 20 hold
their sittings there, or in New York or in
Boston. The members thereof shall sever
ally subscribe a solemn declaration that
they will impartally and carefully examine
and decide, to the best of their Judgment
and according to justice and equity, all mat
ters submitted to 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 be presented
to them by the government OF the United
States, and shall examine and decide
upon them in such order and manner as
they may think proper, but upon such evil
lence or information only as shall be fur
nished by or on behalf of the governments
Of the United States and of Great Britain,
They shall be bound to hear
On each separate claim, if required, one per-
son on behalf OF each government, as coun-
sci OF agent. A majority of the assessors in |
each case shall be sufficient for a decision.
The decision of each assessor shall be |
given upon each claim in writing, and shall |
be signed by them respectively and dated. |
Each claim shall be presented to the as
SCISSORS within six months from the dav of !
heir first meeting, but they may, for good |
cause shown, extend the time for the pre-
;entation of any claim to a further period, |
lot exceeding three months.
The assessors shall report to each govern |
nent at or before the expiration of one wear
rom the date OF their first meeting the /
amount Of claims decided by them I'D to the !
late of such report; if further claims then |
'emain undecided, they shall make further !
'eport at or before the expiration of two |
Tears from the date of such first meeting; |
ln;l III case any claims remain undetermined |
1t that time. they shall make 4 final report |
within further period Of six months.
The report or reports shall be made in |
duplicate, and one copy thereof shall be de-
ivered to the Secretary of State of the |
United States, and one copy thereof to the
representative Of Her Britannia Majesty at
Washington.
All sums of money which may be awarded
lnder this article shall be payable at Wash
ngton, in coin, within twelve months after
he delivery of each report.
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