New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-27

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rules to be taken as applicable to the cas-
and BY such principles Of international la'
not inconsistent Herewith as the arbitrator
shall determine to have been applicable
the case.
A neutral government is bound
| First, to use due diligence TO prevent tn
lifting out. arming, or eqMppmg, within IT
jurisdiction, OF any vessel which 1T has res
sOnabie ground to believe IS intenaed t
cruise or carry Oh war against power wit
winch 1t Is at peace; and also to use Tx
diligence to prevent the departure from 1t
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 eithe
belligerent to make use OF its ports o
| waters as the base OF naval operation
against the other. or for the purpose Of tn
| renewal or augmentation OF military sup
plies or arms, OF 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 an,
violation Of the foregoing obligations anG
| duties.
Her Britannia Majesty has commanded
her high commissioners and plenipOtentia
ries to declare that Her Majcsty'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 evince 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 arbitraturs should
assume that Her Majcstys government had
undertaken to act upon the principles set
forth in these rules
And tie high contracting parties agree to
observe these rules us between themselves
IN future, and to bring them to the knowl.
edge OF other maritime powers. and to in
vlte them to accede to them.
ARTICLE VII.
The decision Of the tribunal shall. if nos.
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 al
to each vessel separately whether Great
britain has, by any act or omission. failed
to fulfill any Of the duties set forth in the
foregoing three rules, or recognized by the
principles Of international law not incOnsist-
ent with such rules, and shall certify such
fact as to each of the said vessels In case
the tribunal find that Great Britain has
failed to fulfill any duty or duties as afore.
said, it may, if it think proper, proceed to
award 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.
Each government, shall pay it's own
agent, and provide for the proper
Of the counsel EN-
ployed BY it and of the arbitrator
appointed By it. and for the expense of pre-
pairing and submitting its case to the tribu-
nal. All other expenses connected with
the arbitration shall be betrayed by the two
governments in equal mOieties.
ARTICLE IN.
The arbitrators shall keep an accurate
record OF their proceedings. and may APP |
point and employ the necessary officers to
issls. them.
In case the tribunal finds that Great |
Britain has failed to fulfil any duty or
lnties as aforesaid. and does not award a
um in gross, the high contracting parties
lgree that board of assessors shall be ap-
pointed to ascertain and determine what
'!aims are valid, and what amount or
amounts shall be paid by Great Britain to
he United States on account Of the liability
rising from such failure, as to each vessel,
according to the extent Of such liability as
lecided by the arbitrators.
The board of assessors shall be cOnsti-
uted as follows: One member thereof shall
Nc named by the President of the United
'tates. one member thereof shall be
amed b; Her Britannia Majesty: and one
MEMBER thereof shall be named by the
representative at Washington Of His Majesty
he King Of Italy: and in case Of vacancy
from any cause, it shall be filled
4 the same manner in which the original
prominent was made.
AS soon as possible after such nomina-
ions the board of assessors shall be organ
led in Washington, with power to hold
heir sittings there. or in New York. or in
'OstOn. The members thereof shall sever
lily subscribe a solemn declaration that
hey will impartially and carefully examine
nd decide, to the best of their Judgment
nd according to justice and equity, all mat
ira submitted to them. and shall forth
18th proceed. under such rules and regular
Ons as they may prescribe, to the investi
alton of the claims which shall be pl esented
, them by the government of the United
tates, and shall examine and decide
pom them in such order and manner as
ley may think proper, but upon such evil
ence or information only as shall be fur
ished by or on behalf of the governments
the United States and Of Great Britain,
,spectively. They shall be bound to hear
4 each separate claim, if required, one per.
IN on behalf of each government, as cOun-
i or agent. A majority of the assessors in
lch case shall be sufficient for decision.
The decision of each assessor shall be
ven upon each claim in writing, and shall
signed by them respectively and dated.
Each claim shall be presented to the as
ssors within six months from the day of
cir first meeting. but they NAV, for good
use shown. extend the time for the pre-
ntatiOn Of any claim to further period,
It exceeding three months.
The assessors shall report to each govern =.
ent at or before the expiration of one year
ON the date OF their first meeting the !
Mount OF claims decided by them up to the
tie of such report: if further claims then I
main undecided. they shall make further
port at or before the expiration of two !
ars from the date Of such first meeting:
ID in case any claims remain undetermined
that time. they shall make final report :
thin further period Of six months.
The report or reports shall be made in
plicate, and one copy thereof shall be de-
cred to the Secretary Of State of the Y
hired States. and one copy thereof to the !
Of Her Britannia Majesty 1T I
ashington.
ALI sums of money which may be awarded
der this article shall be PAYABLE al WASH