Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-01-06
TREATY BETWEEN THE
limited STATES AND GREAT BRITAIN.

TREATY BETWEEN THE
UNITED STATES AND GREAT BRITAIN
Claims, Fisheries, Navigation of the st. Lawrence
&c, American Lumber on the River
st. John, Boundary.
Concluded May s, 1871 Notifications Exchanged Jun
II. 1871. Proclaimed July A. ISL
BgHIe President Of the United States Of An'erioa
A PROCLAMATION.
whereas. 4 treaty between the United States o
America and her Majesty me queen u eae Ollt ~
ettIengnt OF all causes Of difference between the tw
countries was concluded and sgnedat Washington b
the HIGH Commissioners and Plenpotentlarles OF tn
asecfive Governments the eight day of May last
which treaty is, word for word, as follows;
The United States of America and her Britannia
Majesty, being DESTROYS to provide for an amlca0I
settlement of all causes of difference between the tive
countries have for that purpose appointed Their re
specve PenipOtentaries. that is to say; The Presl
dent of the United States has appointed, on the par
of the United States, as Commissioners IN JON
High Commission and Plenipotentiaries Hamilton
Fish, Secretary of State; Robert Cumming Schenck
Envoy Extraordinary and Minister Plenlpotenary Il
Great Britain; Samuel Nelson, an Associate Justice
fbe Sup court Of the United States; EbeneZel
RockwC- Il OF massachusetts,; and George Henry
williams of Oregon; and her Britannia Majesty, OF
her part, has appointed as her High Commissioner
and Plenipotentiaries the Right Honorable George
Frederick Samuel, Earl de Grey and Earl OF Ripon
Viscount Goderich, Baron Grantham, Baronet,
Peer of the United Kingdom, Lord President OF hel
Majesty's Most Honorable Privy Council, Knight OF
the Most Noble Order of the Garter, ETC.. ETC.. the
Right Honorable Sir Stafford Henry Northcote Bar
.onet one of her Majesty's Most HcnOurable Privy
Syonneil member of Parliament Companion OF the
l,ln Ora Of
Edward Thornton Knight Commander OF the Most
Honorable Order of the Bath, her MaJesty's Envoy
Extraordinary and Minister P1enlpotentary 10 the
United States Of America; Sir John Alexander Mac
Donald knight Commander of the Most HONORABLE
order of the Bath, member of her Majesty's Privy
Council for Canada, and Minister OF Justice and At
ferney General of her Majesty's Dominion of Canada
and Montague Bernard, Esquire, ChlcheIe PROBES
or of International Law in the University OF Oxford
And the said Plenipotentaries, alter having ex-
changed their full powers, which were found TO be in
due and proper form, have agreed to and concluded
the following articles:
ARTICLE L
Whereas, Differences have arisen between the Gov
eminent the United States and the Government OF
her Britannia Majesty, and still exist growing out OF
the acts committed by the several vessels winch have
given rise to the claims generally known as the Gala
bama clajms:''
And whereas Der Britannia Majesty has authorized
her High Commissioners and Plenip0tentiaries TO
press in friendly spirit the regret felt by her Ma
Jesty's Government for the escape, under whatever
British ports, and for the depredatons committed by
those vessels:
Now. in order to remove and adjust all complaints
and claims the part of the United States, ana TO
r,royide Tor 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 and generally known as the
alabama csjlns,' shall be referred to Tribunal of
Arbitration to be composed of five arbiraors, to be
appointed 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 one and his Majesty the
Emperor Of Brazil shall be requested to name one.
In of the DEATH absence, incapacity to
of any or either Of the said arbrators or in the event
of either the said arbitrator uniting declining
ceasng 10 act SUCH the President of the United
States, her Britannia Majesty, or mis- Majesty the
King of Italy, the President of the Swiss Confedera
ton, his Majesty the Emperor of Brazil the
may be- may forthwith name another person to act
arbitrator in the place and stead of the arbitrator
originally named by such Head of State.
And in the event of the refusal omission for two
months after receipt of the request from either of the
High Contracting Parties of his Majesty the King of
italy, the President of the Swiss Confederation,
his Majesty the Emperor of Brazil to name arbitra
tor either 10 fill the original appointment in the
place of one who may have died be absent or inca
pacitated, or who may omit, decline, from any
cause cease to act such arbitrator his Majesty the
King of Sweden and Norway shall be requested to
name persons, as the case may be, to act
as such arbitrator or arbitrators.
ARTICLE IL
The arbitrators shall meet at Geneva, in Switzer-
land at the earliest convenient day after they shall
have been named, and shall proceed impartially and
carefully to examine and decide all questions that
shall be laid before them the part of the Govern
ments of the United States and her Britannia Majesty
All questions considered by the Tribu
nal including the final award, shall be decided by
majority of all the arbitrators.
Each of the High Contracting Parties shall also
10
resent generally in all matters connected with the
arbitration.
ARTICLE III.
The written or printed case of each of the two par
ties accompanied by the documents. the official
and other evidence on which each re-
lies shall be delivered in duplicate to each of the
bratoTs and to the agent of the other party
may be after the organization of the Tribunal, but
within period not exceeding six months from the
date of the exchange of the notifications of this treaty
ARTICLE ".
Within four months after the delivery both sides
of the written printed case, either party may, in
like manner deliver in duplicate to each Of the said
and to the agent Of the other party,
counter case and additional documents, correspon.
dence, and evidence in reply to the case, documents,
and evidence presented by the
other party.
The arbitratcrs may. however, extend the time for
such counter case, documents, correspon-
dence, and evidence when in their judgment, it be-
comes necessary in consequence of the distance Of
the place from which the evidence to be presented is
10 be procured.
If in the case submitted to the arbtrators eithea
common right of fishing under that treaty shall be
garded as in like manner reserved from the common
right of fishing under the preceding articles. In
any question should arise between the Governments
of the United States and of her Britannia Majesty
10 the common right of fishing in places thus de-
signated reserved, it is agreed that q commission
shall be appointed to designate such places, and shall
be constituted in the same manner, and have the same
powers, duties, and authority the commission sp
pointed under the said first article of the treaty of the
9th of June, 1854.
ARTICLE Y.
1t shall be the duty of the agent of each party with.
two months after the expiration of the time limited
for the delivery of the counter on both Sides to
deliver IN duplicate TO each of the said arbtratOrs and
to the agent of the other party written or printed
gument showing the points and referring to the evil
dence upon which his Government relies and the ar
bitrators may if they desire further eucidaton with
regard to any point require written printed state
ment or argument, oral argument by counsel upon
it, but in such the other party shall be entitled
TO reply either orally or in writing, the may be-
ARTICLE VI.
In 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 applicable to the case, and by
such principles of International Law not inconsistent
Herewith the arbtrators shall determine to have
been applicable to the case.
RULES.
neutral Government is bound
First To use due diligence to prevent the fitting
out, arming, equpping within its Jurisdiction of
any vessel which Il has reasonable ground to believe
as intended to cruise to carry against pow-
er with which is at peace and also to use like dill
gence to prevent the departure from its jurisdiction
II any vessel intended TO cruise carry war as
above, such vessel having been specially adapted, in
whole or in part within such jurisdiction, to warlike
use.
secondly, Not permit suffer either belligerent
70 make use of it's ports the base of naval
operations against the other for the purpose of the
renewal or augmentation Of military supplies or arms
or the recruitment of men.
Thirdly, To exercise due diligence in its own ports
and waters and to all persons within its jurisdic
tion to prevent any violation of the foregoing obga
tons and duties.
Her Britannia Majesty has commanded her High
and Plenipotentiaries to declare that
her Maestys Government cannot assent to the fore
going rules as statement of principles of Interna-
tiona Law which in force at the time when the
Cd in Init ,ath nr