Wilmington daily commercial., 1873-03-22

ARTICLE VI
In deciding the matter submitted TO the Arbitra-
tors they shall be governed by the toloWlng tnrce
rules which are pRreed upon by the High Contract
ing Par rules to be taken as applicable 10 the
not inc0nsst mt there with as tho Arbtrators shall
determine TO have been applicable TO the case
RULES
neutral Government Is bound
Fiist TO use due diligence 70 prevent the hitting /
out arining or equipong, within is Jurisdiction, of
any vessel which II has reasonable ground to be
eve is intended to cruise or to carry on war against
Power with which 1t Is at peace; and also 10 use
like diligence to prevent the departure from lis u
risdlction OF any vessel intended to cruiss or carry
on W as above such vessel having been Epe islly
adapted In whole or In part within such jurisdic-
Secondly not to permit or suffer either billIger-
ent TO make use OF its ports or waters the base
OF naval operations against the other, or for The
pu pnse of the renewal or Augmentation OF military
Thirdly 10 exercise due diligence I'm its own ports
and waters andas to all persons within It's 1risdlc
ton to prevent any violation OF the foregoing obl-
Her Britannia Majesty.has commanded her High
Commissioners anu Plenpoten'iarieB 10 declare
that Her MHestys Governmt mt mot assent TO the
foregoing rules statement OF principles OF Inter-
national Law which were in force at the time when
the claims mentioned in Article arose, but that
der Majestys Government, In order TO evince It's
desire of strengthening The friendly relations be-
tween the two Countries and OF maFng satisfactory
The questions between the two countries arising odt
OF those claims, the Arbitrators should assume that
upon the principles set forth in these rules
And the High Contracting Parties agree to OBJ
serve them Ing future, and to bring them to the
knowledge OF other maritime Powers, and to invite
them TO accede to them
ARTICLE VII.
The decision Of the Tribunal SHALL II possible, be
made within three months from the close of the ar
It shall BE- made in writing and dated, and shah
be signed by the Arbrators who may assent to It
The said Tribunal shal first determine as TO each
vessel separately whether Great Britain mas, by any
act or omission. failed to fulfill any othe duties set
forth In the foregoing three rueB or recognized by
the principles of Interna pna Law not Inconsistent
with such rules, and shall certify such iact as TO
each of the said vessels. In case the Tribunal find
tnat Great Britain has fsed TO fu1l any duties as
aforesaid it may, II IL tlink proper, proceed to
award sum in gross 10 be paid by Great Britain 70
The United states for all the Gains referred TO IT.
and such case tile gross sum so awarded shall be
paid in coin by the 9overnment of Great Britain TO
no Government of the United htates, at Wash
ing'on, wi hin twelve months after the date OF the
award ~
shall be delivered to the agent or the United states
for his Government, aud the other. copy shall be
delivered ~ the agent OF Or at Britain Tor his Gov
ernment .,.,,
Each Government shall pay Its own agent and pro.
vide for the proper remuneration of the counsel en
and, for the expense Of preparing and submitting
meet with the arbitration shall bs betrayed ny the
two Governments in equal moietlcs
ARTICLE IX
The Arbitrato:s shall keep an accurate record of
their proceedings, and may appoint and employ ths
| necessary o1lcers 10 assist them
ARTicLEX.
In case the Tribunal nnds that Great Britain has
failed TO fulfil any duty duties as aforesaid aud
does not award I'M in gross The High Contract
ing Parties agree hat Board OF Assessors shall be
appointed TO ascertain and determine what claims
are valid,and what amount or amounts shall be paid
by Great Btain TO the United States on account oI
the liability ing flom such failure, rs TO each
W ssel according TO the extent OF such liability as
i decided by the ArDi rators .,.-,-
The Board OF ABsessoTs shall ne constituted as
follows: One member thereof shall be named by the
President OF the United States one member thereof
small be named by Her Britannia Msjesty; and one
member tnt reof shall be named by the Representa-
tive at Washington OF His AaJesty the KING OF lta-
"; and in cs,e Of vacancy happening from any
Inc original appointment was made
| As soon as possible a ter such nominations the
| Board OF Assessors shah be organized In washing
top with power 10 hold their sittings there, or IN
New York. or In Boston. The members lhereoi
shall sev rally sn5scIioe asoisha a od 1as da
eide, the btst OF their Judgment and according 70
Justice and equity, all matters submitted 70 them
and shall forthwith proceed, under such rules anO
regulations az they ma prescribe, TO the lnvestlHa
ton Of the claims which shall be presented TO them
| by the Government OF the United States, and shall
| eSamine and decide upon them in su, h order ant
| manuer a. they may think proper, but upon Hucl
evidence or Information on, as he shall be iurnl n
| ed b, or on behalf Of the Governments OF the Uni
ted states and CT Great Britain, respectively The
shall be bound TO heae on each separate claim, u re
l
a. counsel or agent majority OF the AssessOra II
each case shall berufiisleht for dec sion
The decision Of Tbs Asses5Ors shall be given npol
| each claim in writing, and shall be signed by tnen
| respectively and dated
Eyery claIm snail he presented to the Assessor
within six mon hs nom the day OF theft nrst meet
| ing, but they mGy, for good cause SHOWN, extern
the lime or The presentation o1 any claiH 10
| further period not exceeding three months
| The Asse sJrs shall report TO each Government I
or bef ru the eApi aiiUn OF one year fr IN the cal
| OF their nrst netLiug the amount OF claims decie
1 nut han mn N II n ,fH 4
| claims then remain undecid' d. they snall make
further report az OF btfo tbs expiration OF w
wears from tile date OF such Hrst meeting; and J
| case any claims remain undetermined at that TIM
they shal maze inal report within further pei
lhe report or reports shall be mad in duplicate
aud one copy thereof shall b. delivered 70 the ecr
tary OF state OF the United States, and one col
| thereof to the representative OF Her Britannia MI
iesty ut Washington
All sums o money which NAV he awarded und
this Article shall he payable nc Washington In COZ
within twelve months after the delivery OF eacn
port - -, , ,.
| as they sual think necessary
Ine expenses OF tins Board OF Assessors shall
borne equally By the TWO 10 aeS ps
the production of accounts cert fed by the al
The remuneration of the Assessors snail Also
paid by the Two Governments in equal mOletles IL
''''''-' ARTICLE XI.
The High Contracting Parties engage to consid
the result OF the proceedings OF the Trtb mai OF
bitrat0n and OF the BOard of ASSESSORS, should su
Hoard he appointed, as a full, perfect, and final 3
| temept OF all the claims hereinDefOre referred
aud further engage thas every sach aim, whetl
the same may or may not have been presented 70
nOtce OF, made, preferred, OF laid berore the TIL
nal or Board, shall, from AZ alter the conclusion
the proceedings OF the Tribunal or Board pc &C
sidered aud treated as finally settled, barred
thencelorth inadmissible
. ARTICLE Kill
The High Contrac log Parties agree thatall cal
on the part of corporations, companies or priv
ipdiyiduals, citizens of the UAlted states, upon
| Government OF Her Britannia Majesty, arising
| of acts committed against the persons or prope
| of citizens OF the United States during the per
between the thirteenth of April eighteen hund
and sixty one and the ninth OF April, eighteen n
dired and kixty-hve, inclusive, not being cla
growing out OF The acts OF the vessels referred Y
Article OF this Treaty, and all claims, with
IKE exception, on the part Of corporations CON
MES or private individuals subjects Of Her Bril
aar mic Majesty, u;on the G0vernmen Mt OF the Un
wv states, arising out OF acts commitbed against
~ persons or properly of Her Britannia Majesty du
- the same period, which may have been preeente
either Government for Its interpretation with
other, and which yet remain unsettled, as we
any other such claims which may DC preseI
y Treaty. SHALL be referred to three Commission
, TO be appointed in the following manner, tina.
say: One Commissioner shall be named by the T
ldent of the United States one by Her britaI
Majesty and third by the President OF tne Uh
BR | states and Her britanRic Majesty cnnJonty an
case the third Commissioner shall not have pee
named within a period sof thrse months from
| date OF the exchange OF the ratincattons OF
Vod Treaty then the third Commissioner shall be ma
ty the King of Spain. In case of the de ith, aose
/ or tneanaritV Of Commissioner, in the @