Wyandot County Republican. [volume] (Upper Sandusky, Ohio) 1869-1903, 1872-02-15
The Washington Treaty and the Ala
hama Claims.

THE following is the original text of
the most important portions of the Treaty
of Washington bearing on the Alabama
claims
WHEREAS, Her Britannia Majesty has aJi-
thoriZed her high Commissioners and Plent-
potentiaries to express, in a friendly spirit;
the regret felt by Her Majesty's Government
for the escape, under whatever circumstances,
of the Alabama and other vessels from British
porte, and for the depredstiens 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 Majesty's
Government, the high contracting parties
agree that all the said claims growing out Of
acts committed by the aforesaid vessels, aid
generally known as the "AldbBHd claims"
shall be referred to a tribunal of arbitration
to be composed of five arbitrators, to be ap-
pointed in the following manner, that is to
say One shall be named by the President of
the United States; one shall be named by Her
Britannia Majesty; His Majesty, the King of
Italy, shall be requested to name one; the
President of the Swiss Confederation shall
be requested to name one, and His Majesty,
the Emperor of Brazil, shall be requested to
name one.
After providing for filling of vacancies,
ETC., and for the assembling of the Board
of Arbitrators at Geneva, the treaty con-
tinues:
They shall proceed, impartially and care
fully, to examine and decide all questions
that shall be laid before them on the part of
the Governments of the United States and
Her Britannia Majesty respectively. All ques-
tions considered by the Tribunal, including
the final award, shall be decided by a major
ity of all the arbitrators. Each of the high
contracting parties shall also name one per-
son to attend the Tribunal as its agent to
represent it generally in all matters connect
ed with the arbitration.
In deciding the matters submitted to the
arbitrators, they shall be governed by the
following three rules, which are 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 in
consistent 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 dill
| gence to prevent the departure from its Ju-
risdiction of any vessel intended to cruise or
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 bel
| ligerent to make use of its ports or waters
as the base of naval operations against the
other, or for the purpose Of renewal or aug
mentation of military supplies or arms, or
| the recruitment of men.
| Thirdly. To exercise due diligence in its
own ports and waters, and, as to all persons
within its jurisdiction, to prevent any viola
! tion of the aforesaid obligations and duties.
Her Britanic Majesty has commanded her
High Commissioners and Plenipotentiaries
to declare that Her Majesty's Government
cannot consent to the foregoing rules as a
/ ST OF of rlriuair11aS of international law
which were in force at the time when the
| claims mentioned in Article i arose, but that
Her Majesty's Government, in order to evince
| its desire of strengthening the friendly rela-
| tions between the two countries and OF max
/ ing satisfactory provision for the future,
| agrees that, in deciding the questions between
! the two countries arising out of those claims,
! the arbitrators should assume that Her Ma
! jesty'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 knowledge
/ of other maritime powers, and i'll TO invite
! them to accede to them.
The decision of the tribunal shall, If posi-
| BILE, be made within three months of 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 as
to each vessel separately, whether Great Brl-
/ tain has, by any act or omission, failed to ful
! fill any of the duties set forth in the forego'
ing three rules, or recognized by the princi
Piles of international law not inconsistent
| with such rules, and shall certify such iac'
as to each of said vessels. In case the trf
bunal find that Great Britain has failed to
fulfill any duty or duties as aforesaid, II may
if it think proper, proceed to award sum n
gross to be paid by Great Britain TO the
United States for all the claims referred to
it, and to be paid in coin by the Government
of Great Britain to the Government of the
United States, at Washington, within twelve
months after the date of the award.
In case the Tribunal finds that Great
Britain has failed to fulfill any duty as
aforesaid, and does not award sum il
gross, then the treaty provides that {
Board of Assessors shall be appointed tC
determine what claims are valid, ant
what amount shall be paid by Grea
/ Britain to the United States on account O
the liability arising from such failure, a:
to each vessel, according to the extent o