The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-02-06
The Treaty of Washington.

The Treaty of Washington.
THE ARTICLES RELATING TO THE SETTLEMENT
OF THE ALABAMA CLAIMS.
As the treaty of Washington and the sudden
change of British feeling concerning it will be
for weeks and perhaps for months the engross-
ing topics of discussion, we give below those
articles that provide for the appointment and
prescribe the duties of the Geneva Commits
sioners, who are charged with the work of fix
ing basis for the settlement of the Alabama
claims. This treaty was framed by Joint
High Commission consisting of Secretary Fish,
Gen. Schenck, Judge Nelson of the Supreme
Court, Ebenezer r. Hoar and George II. Will
hams, on the part of the United States, and
the Earl de Grey and Ripon, Sir Stafford North
cote, Sir Edward Thornton, Sir John Mac
donald and Prof Montague Bernard, on the
part of Great Britain. Their first session was
held on the 9th of February, and it was not
till the 9Th of May that the treaty was finally
signed. Lord Tenterden, who now acts as
agent of the British government in presenting
its case to the Geneva commission, was secre-
tary of the British commissioners, while j. c.
Bancroft Davis, who is now associated with
Hon. VIM. NJ Evarts as agent or counsel for
the United States, performed similar service
for the American Commissioners. The treaty
was ratified on the 18th of June last, and if all
had gone on smoothly, as was at first anticpa-
ted, the final determination of the Geneva con-
ference would have been reached by the end of
the present year. As will be seen by the text
of the treaty given below this decision might
either be the award of sum in gross, covering
all the losses inflicted by British pirates, or it
might be merely a statement of the general
principles on which an award should be based
leaving it to board of assessors to be subse-
quently appointed to fix the specific sums.
ARTICLE l. Whereas differences have arisen
between the government of the United States
and the government of Her Britannia Majesty
and still exist, growing out of the acts COM
mitted by the several vessels which have given
rise to the claims known as the Alabama claims.
and whereas Her Brita'nic Majesty has author
ized her High Commissioners and Plenipoten-
ttdf1eS to cypress, an friendly spirit, the regret
felt by Her Mojesty's Government for the escape,
under achdteUer circumstances, Of the Alabama
and other Cessets from British ports, and for the
depredations committed by those vessels; now,
in order to remove and adjust all complaints
and claims on the part of the United States,
and to provide for the speedy settlement of
such claims which are not admitted by Her
Britannia Majestys government, the high con-
tracing parties agree that all the said claims
growing out of acts committed by the. afore-
said vessels, and generally known as the Ala
bama claims, shall be referred to a tribunal of
arbitration, to be composed of five arbitrator,
to be appointed in the following manner. 1.-THE
rest of this article is wholly occupied with the
provisions for the appointment of the arbi-
traitors 3f s-K "a tes 81 f-...-i.. ss7.s,- IN.
ART 3 The arbitrators shall meet at Geneva.
in Switzerland, at the earliest day convenient
after they shall have been named, and shall
proceed iInpartially and carefully to examine
and decide all questions that shah be laid be-
fore them on the part of the government
Of the United States and Her Britannia
Majesty respectively. All questions consid-
cred by the tribunal, including the final
award, shall be decided by a majority of all the
arpitrators. Each of all of the high contract
ing parties shall also name one person to at
tend the tribunal as its agent to represent h
generally in all matters connected with the ar
bitration. t
ART. s. The written or printed case of each
OF the two parties accompanied by the docu-
ments, the official correspondence, and other
evidence ON which each relies, shall be deliver
ed in duplicate to each of the arbitrators, and
to the agent of the other party as soon as may
De after the organization of the tribunal but
within period not exceeding six months from
the date OF the exchange of the ratification of
the treaty. II
ART 4. Within four months after the delivery
on both sides of the written printed case either
party may, in like manner, deliver in duplicate
TO each OF the said arbitrators, and to the agent
of the other party, a counter case. and addition
al documents, correspondence and evidence. so
presented by the other party The arbitrators
may, however, extend the time for delivering
such counter case, documents correspondence
and evidence, when, in their Judgment, it be-
comes necessary. In consequence of the dis
lance of the place from which the evidence to
be presented is to be procured, if, in the case
submitted any renort or docnment in tba ~. o.
oi,s;,,o s 81? .oPeao " uo1uhenl ~ tne ex-
Siuslve POSSESSION OF any party DE omitted, such
party snail De bound, II the other party thinks
copy thereof and either marty NAV eai n wasr,
tba nfbar +hronrh a. ~. 'y 10y eoii uPou
th ov;.s;, yiiiousn .ne alDI.rators, 70 produce
we original OF certlned copies OF any papers
notice as a instance
require. 'lAe t'4 l11 - ls7l7I 7 ~
APT II shall ho t1,a ,5,,t,, =. .s.
each marty within two ,o ~ty ~ ',S asen! OF
ton of the time limited for the delivery Of the
counter case on both sides, to deliver in l,,nji
cate to each of the said arbitrator. and to The
agent of the other party, written or nrinted
argument, showing the points and REFERRING tn
the evidence upon which his Government re-
lies; and the arbitrator may if they desire
further calculation with regard to any point
require a written or printed statement or ar,
gument, or oral argument by counsel mon II
But in such case the other party shall be enti
tied to reply, either orally or in writing. rs the
case may be- sd % '4f03F ii1HH % -
to the arbitratOrs they shall be governed by
the following three rules to be taken as appE.
cable to the case, and by such princinles az IN
ternational law not inconsistent Herewith as
the arbitrator shall determine to have been an
plicable to the case: : f
RuLEs.-A neutral oovernment 4, bond r..
to use due diligence to prevent the ittuo nrt orr
ing or equpping within its jurisdiction Of any ye
sci which it has reasonable ground to believe is in
tended TO cruise or to carry on war against power
wnicn is at peace and also to use like diligence
vessel intended To cruise or cay m a y
such vessel having been specially adapted in whole
or in part within such Jurisdiction to warlike use.
secondly Not 20 permit or suffer either belHgerent
vol Hse % M potts OF waters as the base Of ma
of the auementaton of mi,taru or LOT une purpose
or the recruitment Of men b;r3Jp r. " allls
due diligence in its own ports and waters and as 80
all persons within its jurisdiction to prevent any VI
oiation OF the foregoing Obligations and duties.
Her Britannia Nr.ios+v bosoo,,,a,,
Hioh Comm;ss;onars a2d H P1a, SUla.ueu ner
daciare that Har Mn; anu rienipotenuarles to
assent to the forecong ryiss os cannot
princinles of intern tionaI 1o1r 1.;aS OF
force at fine fine When the cI;n, ,.,.. were IN
Article arose Int that Her Pr;.a.a rT IN
tvs Goyernment in order 10 av;ren ~ daJes-
81 strengtban;ng the fr;endiv ro,at; ~ aesire
umo ;mo M t anu Oh maklng satisfactory
AZ ~. .no iI.u, asiees that, IN decid-
arss;n@ nnt Of +,,osa oIa;, .io Two Sountrles
shn,,I2 s a a. r. NILS. ,l,o y aIoielaoors
ia nrd.aI. s u. iler nlaJesty sGoVernment
forth in theSa r,es AZ, nd III 'he prncpies SET
nart;es .%ree ~ anu 'ne nign contracting
themselves in f,tnre and 70 hr;, nai t. between
InnnIoda &c IT, = a.G " ptiug Cnein 70 the |
vito tbem 70 occada ~ tln,a po"ers' ana 10 IN
ART 4 The decision Of tho tr;,,,no, sh.u
if possible. be made within tbrea montIs fro,,,,
the close of the aro,,mant nm hotI, s;dos ~.