Year: 1871

First To use due diligence to prevent the at |
ting out arming, OF e9ulpR.ng' w1tnin n lts lu1s
ground to believe Is intended to cruise or to |
carry on war against power with which it is
ct peace, and also to use like diligence to pre-
vent the departure from its jurisdiction 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 juris-
diction to warliRe use. Secondly. Not to per-
nit or suffer either belligerent to make use of
It's ports or waters as the base of naval opera
tions against the other, or for the purpose of
the renewal or augmentation of military sup
plies arms, or the recruitment of men.
Thirdly. Toexercise 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 a statement of
principle of international law which were in
force at the time when the claims mentioned in
article erose but that her Britannia Majestys
Government, in order to evince its desire of
strengthening the friendly relations between the
two countries, and of making satisfactory pro-
vision for the future, agrees that, in deciding
the questions between the two countries arising
out of these claims, the arbitrators should as
sumo that her Majesty's Government had under
taken to act upon the principles set forth in
these rules, and the high contracting parties
agree to observe these rules between themselves
in future, and to bring them to the knowledge
of other maritime powers, and to invite them
to accede to them.


Article z. 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 by the arbitrators who may assent to
1t. The said tribunal shall first determine as to
each vessel separately, whether Great Britain,
by any act or 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 fulfl any duty
or duties as aforesaid, it may, if it think proper
proceed to award a sum in gross to be paid by
Great Britain to the United States for all the
claims referred to it; and in such case the gross
sum so awarded shall 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. The
award shall be in duplicate, one copy whereof
shall De delivered to the agent of the United
States for his Government, and the other copy
shall be delivered to the agent of Great Britain
for his Government


agent and provide for the proper remuneration
of the counsel employed by it, and OF the arbi-
traitor appointed by it, and for the expense of
preparing and submitting its case to the tribu-
nal. All other expenses connected with the
arbitration shall be betrayed by the two Govern
ments in equal moieties.


Article 9. The arbitrators shall keep an accu-
rate record of their proceedings, and may ap-
point and employ the necessary officers to assist
them.


Article 10. In case the tribunal finds that
Great Britain has failed to fulfil any duty or
duties, as aforesaid, and does not award a sum
in gross, the high contracting parties agree that
O Board of Assessors shall be appointed to ascer-
tain and determine what claims are valid, and
what amount or amounts shall be paid by Great
Britain to the United States on account of the
liability arising from such failure to each YES
sci, according to the extent of such liability, as
decided by the arbitrators. The Board of AS
SCISSORS shall be constituted as Yellowstone
member thereof shall be named by the President
of the United States, one member thereof shall be
| named by her Britannia Majesty, one member
! thereof shall be named by the representative at
| Washington of his Majesty the King of Italy;
| and, in case of a vacancy happening from any
! cause, 1t shall filled in the same manner in
which the original appointment was made, as
| soon as possible after such nominations The
Board of Assessors shall be organized in Wash
ington, with power to hold their sittings there,
or in New York, or in Boston. The members
| thereof shall severaly subscribe a solemn
declaration that they will impartially
and carefully examine and decide, to the
best of their judgment, and according to
to them, and shall forthwith proceed
| under such rules and regulations as they may
| prescribe to the investigation of the claims
| which shall be presented to them by the Gov
eminent of the United States, and shall
| examine and decide upon them in
such order and manner as they may think pro-
| per, but upon such evidence or information only





ernments of Great Britain and of the United
States respectively. They shall be bound to
| hear on each separate claim, If required, one
person on behalf of each Government as counsel
or agent. A majority of the assessors in each
case shall be sufficient for decision. The de-
csion of the assessors shall be given upon each
claim in writing, and shall be signed by them
respectively and dated. Every claim
| shall be presented to the
assessors within six months from the
day of their first meeting; but they may, for good
| cause shown, extend the time for the presenta-
tion of any claim to further period not exceed
ing three months. The assessors shall report
to each Government, at or before the eXpira-
tion of one year from the date of their first
meeting, the amount of claims decided by them
then remain undecided, they shall make fur
ther report at or before the expiration of t Ro
years from the date of such first meeting; and,
in case any claims remain undetermined at
that time they shall make a final report
within a further period of six months.
The reports shall be made in duplicate, and
one copy thereof shall be delivered to the Secre-


tary of State of the United States, and one copy


thereof to the representative OF her Britannia


Majesty at Washington. Ali sums of money


which may be awarded under this article shall


be payable at Washington, in coin, within


twelve months after the delivery of each report


1he Board OF Assessors may employ such cerks


as they shall think necessary. The expenses


OF the Board of Assessors shall be assumed


equally by the two Governments and paid from


time as may be found expedient on the produc.


ton OF accounts certified by the board. The re-
muneration of the assessors shall also be paid
by the two Governments in equal moieties in
similar manner.


} Article IL. The high contracting parties en-


gage to consider the result of the proceedingI
| of the Tribunal of Arbitration and of the BoarC
! of Assessors, should such board be appointed al
a full, perfect, and final settlement of all Tho