The New York herald., 1872-09-15
SUNDAY
English and American cases by the agents and

HERALD. SUNDAY, SEP
English and American cases by the agents and
counsel.
JUDICIAL DECLARATION ON FACTS ACCEPTED.
Having concluded this legal and judicial
preface the Court decision continues to de-
clare, u~batim, as follows:-The Tribunal.
having fully taken into consideration the
treaty, the cases. the counter cases, docu-
ments, evidence. arguments and all commu-
nications which have been made, and having
impartially and carefully examined the same.
has arrived at decision, and presents, as fol-
lows, its
THE AWARD AND THE BASES OF THE AWARD.
Whereas, having regard to the sixth and
seventh articles of the Treaty of Washing
ton, the arbitrators are bound, by the terms of
the seventh article, in deciding the matters
submitted to them, to be governed by three
rules therein specified, and by such principles
of international law are not inconsistent
Herewith, as the arbitrators shall determine
applicable to the case.
THE SIXTH ARTICLE
of the Treaty of Washington reads thus -
ARTICLE Elm deciding the matters submitted
to the arbitratOrs they shall be governed by the
following three rules. which agreed upon by the
high contracting parties as rules to be taken as
applicable to the case, and by such principles Of
international law not inconsistent Herewith as
the arbitrators shall determine to have been ap-
plicable to the case :-Rues.-A neutral govern
ment Is bound-First-To use due diligence to pre-
vent the fitting OUT arming or equipping within
its Jurisdiction OF any vessel which 1t has reason
able ground to believe Is intended to cruise to
carry on war against a Power with which it is at
peace; and also to use like diligence to prevent
the departure rom its jurisdiction Of any vessel in
tended to cruise or to carry on war as above,
such vessel having been specially adapted, In
whole or IN part, within such Jurisdiction, to
warlike use. Secondly-Not to permit or
suffer either belliserent to make OF its ports
or waters as the base of naval operations
against the other, or for the purpose of the re.
newal or augmentation OF military supplies or
arms, or the recruitment of men. Thirdly, to ex-
ercise due diligence In its own ports and waters
and, as to all persons within its jurisdiction, to
prevent any violation Of the foregoing obligations
and duties. Her Britannia Majesty has commanded
her High Commissioners and Plenipotentiaries to
declare that Her Majestys government cannot
assent to the foregoing rules as statement Of
principles Of international law which were In
at the time when the claims mentioned in article
arose; but that Her Maesty's government, in
order to evince its desire OF strengthening the
friendly relations between the two countries and
Of making satisfactory provision for the future,
agrees that, In deciding the questions between the
two countries arising out of those claims, the arb
traitors should assume that Her Maesty's govern
ment 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
knowledge OF other maritime Powers and to invite
them to accede to them.
THE SEVENTH ARTICLE
of the Treaty of Washington reads thus:-
ARTICLE THE decision OF the tribunal shall, If
possible 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 bv
the arbitrators who may assent to 1t. The said tri-
bunal shall first determine as to each vessel
separately whether Great Britain has, by any act
omission, failed to fulfil any OF the duties set
forth In the foregoing three rules or recognized by
the principles OF International law not inconsistent
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 fulfil any duty or
duties aforesaid it may, If 1t think proper, pro-
ceed to award sum In gross to be paid by Great
Britain to the United States for all the claims re-
ferred to IL; and in such case the gross sum so
80,
Of Great Britain to the government Of the United
States at washington within twelve months after
the date of the award. The award shall be in du-
picate one copy whereof shall be delivered to the
agent Of Great Britain for his government and the
other copy shall be delivered to the agent of the
United States for his government.
DUE DILIGENCE.
Whereas the due diligence referred to in the
first and third of said rules should be exer-
cised by neutral governments in exact proper
ton to the risks to which either one of the bel
igerents may be exposed by failure to fulfill
the obligations Of neutrality on their part.
Whereas the circumstances out of which the
facts the subject matter Of the present
controversy arose were Of nature to call fol
the exercise on the part of Her Majesty's gov.
eminent of all possible solicitude for the OBJ
servance of the rights and duties involved in
Her Majesty proclamation Of neutrality issued
on the thirteenth day of May, in the year Of
our Lord one thousand eight hundred and
sixty-one.
THE CONFEDERATE NAVAL COMMISSIONS.
Whereas the effects Of violation of neu-
trality, committed by means of the construc-
ton, equipment and armament Of a vessel,
are not done away with by any commission