New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-29

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| rules to be taken as applicable to the case
and by such principles of international law
f not inconsistent Herewith as the arbitratOrs
shall determine to have been applicable to
the case.
A neutral government is bound
First, to use due diligence to prevent the
fitting out, arming, or equipping within its
jurisdiction, of any vessel which 1t has rea-
sOnable ground TO believe is intended to
cruise or carry ON war against 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 nav
ing been specially adapted, in whole or in
part, within such Jurisdiction, to warlike
use.
Secondly, not to permit or suffer either
belligerent to make use of it's 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 Majesty'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 | 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
| Tor the future, agrees that in deciding the
| questions between the two countries arising
ont 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 TO in
vite them to accede to them.
ARTICLE VII.
The decision of the tribunal shall. if DOS.
slble, 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 ii.
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
foregoing three rules, or recognized by the
principles OF international la 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 a sum in gross to be paid by Great
Britain to the United States for ali 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 VIII.
Each government shall pay its own !
agent, and provide for the proper |
remuneration 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 othsr expenses connected with
the arbitration shall be defrayed by the two
governments in equal moieties.
ARTICLE TX.
The arbitrators shall keep an accurate
record of their proceedings, and may ap-
point and employ the necessary officers 10
assist them.
ARTICLE Y.
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 ap-
pointed to ascertain and determine what
claims are valid, and what amount or
shall be paid by Great Britain to
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 arbitrators.
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: and one
member thereof shall be named by the
at Washington of His Majesty
the King Of Italy; and in case of vacancy
happening from any cause, it shall be filled
n the same manner in which the original
appointment was made.
As soon as possible after such nominal
ions the board of assessors shall be organ
zed in Washington, with power to hold
heir sittings there, or in New York or in
Boston. The members thereof shall sever
ally subscribe a solemn declaration that
hey Will lmpartially and carefully examine |
md decide, to the best of their Judgment |
md according to justice and equity, all mat
ers submitted TO them, and shall forth
With proceed, under such rules and regula-
ions as they may prescribe, to the investi-
cation of the claims which shall be presented
o them by the government of the United
states, and shall examine and decide
lpon them in such order and manner as
hey may think proper, but upon such evil
ience or information only as shall be fur
lished by or on behalf of the governments
# the United States and OF Great Britain,
They shall be bound to hear t
Il, Ii :
on on behalf of each government as cOun- 1
ell or agent. A majority of the assessors in 1
ach case shall be sufficient for decision. l
The decision of each assessor shall he
1ven upon each claim in writing, and shall
re signed by them respectively and dated. $
Each claim shall be presented to the as
essors within six months from the day of
heir first meeting, but they may, for good
ause shown, extend the time for the pre- t
entation of any claim to a further period. t
ot exceeding three months. V
The assessors shall report to each govern {
1ent at or before the expiration OF one year t
rom the date of their first meeting the C
mount OF claims decided by them up to the t
ate OF such report; if further claims then d
emaln undecided, they shall make further S
eport at or before the expiration of two /
ears from the date of such first meeting: t.
nd In case any claims remain undetermined o
that time, they shall make a final report G.
'ithln further period of six months. a
The report or reports shall be made in p
uphcate, and one copy thereof shall be de- B
vered to the Secretary of State of the "
nited States, and one copy thereof to the Il
representative Of Her Britannia Majesty at t.
Washington. IL
All sums of money which may be awarded 81
nder this article shall be payable at Wash d
gton, in coin, within twelve months after IL
re delivery of each report. IL
The board of assessors NAV emnlov srcb Il