Arguments and briefs. Rules, etc., to govern the ar decisions. ARTICLE V. It shall be the duty of the agent of each party, within two months after the expiration of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said arbitrators and to the agent of the other party a written or printed argument showing the points and referring to the evidence upon which his government relies; and the arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel upon it; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. ARTICLE VI. In deciding the matters submitted to the arbitrators, bitrators in their 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 inconsistent therewith as the arbitrators shall determine to have been applicable to the case. noutral govern- within, etc., vessels, etc.; of RULES. A neutral government is bound— Obligations of First, to use due diligence to prevent the fitting out, use arming, or equipping, within its jurisdiction, of any prevent the fit-Vessel which it has reasonable ground to believe is inting out, etc., tended to cruise or to carry on war against a power with which it is at peace; and also to use like diligence to prevent 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 jurisdiction, to warlike use. its ports, etc., not to permit Secondly, not to permit or suffer either belligerent to to be used for make use of its ports or waters as the base of naval opercertain purposes; ations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. gence within, to use due dili- Thirdly, to exercise due diligence in its own ports and etc., to prevent waters, and, as to all persons within its jurisdiction, to gations. prevent any violation of the foregoing obligations and violation of obli admitted to have when the Ala duties. These rules not Her Britannic Majesty has commanded her high combeen in force missioners and plenipotentiaries to declare that her bama claims Majesty's government cannot assent to the foregoing arose, but to gov-rules as a statement of principles 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 ern in future cases. friendly relations between the two countries and of making 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 majesty'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 to invite them to accede to them. ARTICLE VII. made when and The decision of the tribunal shall, if possible, be made Decision to be within three months from the close of the argument on in what form; both sides. It shall be made in writing and dated, and shall be signed by the arbitrators who may assent to it. to each vessel The said tribunal shall first determine as to each vessel to be made as separately whether Great Britain has, by any act or omis- separately. sion, 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. If Great Britain is found in fault, fulfil any duty or duties as aforesaid, it may, if it think a gross sum may 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 when paid. to the government of the United States, at Washington, within twelve months after the date of the award. be awarded; to be duplicate, and The award shall be in duplicate, one copy whereof Award to be in shall be delivered to the agent of the United States for to whom delivhis government, and the other copy shall be delivered to the agent of Great Britain for his government. ARTICLE VIII. ered. arbitration, how Each government shall pay its own agent and provide Expenses of the for the proper remuneration of the counsel employed to be defrayed. by it and of the arbitrator appointed by it, and for the expense of preparing and submitting its case to the tribunal. All other expenses connected with the arbitration shall be defrayed by the two governments in equal moieties. ARTICLE IX. keep a record. The arbitrators shall keep an accurate record of their Arbitrators to proceedings, and may appoint and employ the necessary officers to assist them. If Great Britain is found in sum is not award pointed to deter ARTICLE X. In case the tribunal finds that Great Britain has failed fault and a gross to fulfil any duty or duties as aforesaid, and does not ed, a board of as- award a sum in gross, the high contracting parties agree sessors to be ap- that a board of assessors shall be appointed to ascertain mine claims, &c.; 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, as to each vessel, according to the extent of such liability as decided by the arbitrators. How to be constituted. Vacancies. Board to meet when. Members subscribe a laration; their and duties; dec The board of assessors shall be constituted as follows: One member thereof shall be named by the President of the United States, one member thereof shall be named by her Britannic Majesty, and 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, it shall be 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 Washington, with power to hold their sittings there, or in New York, or to in Boston. The members thereof shall severally subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and according to justice and equity, all matters powers submitted 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 government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the governments of the United States and of Great Britain, respectively. They shall be bound to hear on each separate claim, if required, one person on behalf a majority to of each government, as counsel or agent. A majority of the assessors in each case shall be sufficient for a decision. decide. Decision when and how given. Claims to be presented within what time. Report of assessors; The decision 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 presentation of any claim to a further period not exceeding three months. The assessors shall report to each government at or before the expiration of one year from the date of their first meeting the amount of claims decided by them up to the date of such report; if further claims then remain undecided, they shall make a further report at or before the expiration of two 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. to be The report or reports shall be made in duplicate, and how made and one copy thereof shall be delivered to the secretary of whom delivered. state of the United States, and one copy thereof to the representative of her Britannic Majesty at Washington. to and where to be All sums of money which may be awarded under this Awards, when article shall be payable at Washington, in coin, within paid. twelve months after the delivery of each report. The board of assessors may employ such clerks as they Clerks. shall think necessary. The expenses of the board of assessors shall be borne Expenses. equally by the two governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the board. The remuneration of the assessors shall also be paid by the two governments in equal moieties in a similar manner. ARTICLE XI. arbitrators and to be final. sented to be finally The high contracting parties engage to consider the Decisions of the result of the proceedings of the tribunal of arbitration assessors and of the board of assessors, should such board be appointed, as a full, perfect, and final settlement of all the claims herein before referred to; and further engage that Claims not preevery such claim, whether the same may or may not have deemed been presented to the notice of, made, preferred, or laid settled. before the tribunal or board, shall, from and after the conclusion of the proceedings of the tribunal or board, be considered and treated as finally settled, barred, and thenceforth inadmissible. ARTICLE XII. Certain claims (other than the against either to three commis The high contracting parties agree that all claims on the part of corporations, companies, or private indi- Alabama claims) viduals, citizens of the United States, upon the govern- government ment of her Britannic Majesty, arising out of acts com- be referred to mitted against the persons or property of citizens of the sioners. United States during the period between the thirteenth of April, eighteen hundred and sixty-one, and the ninth of April, eighteen hundred and sixty-five, inclusive, not being claims growing out of the acts of the vessels referred to in Article I. of this treaty, and all claims, with See Ante, p. 422. the like exception, on the part of corporations, companies, or private individuals, subjects of her Britannic Majesty, upon the government of the United States, arising out of acts committed against the persons or property of subjects of her Britannic Majesty during the same period, which may have been presented to either government for its interposition with the other, and which yet remain 58797-14-2 ment; unsettled, as well as any other such claims which presented within the time specified in Article this treaty, shall be referred to three commissi Their appoint- be appointed in the following manner, that is s commissioner shall be named by the Presiden United States, one by her Britannic Majesty, and by the President of the United States and her B Majesty conjointly; and in case the third comm shall not have been so named within a period months from the date of the exchange of the ratif of this treaty, then the third commissioner shall be by the Representative at Washington of his Maje King of Spain. In case of the death, absence, capacity of any commissioner, or in the event of an missioner omitting or ceasing to act, the vacancy s filled in the manner herein before provided for the original appointment; the period of three mo case of such substitution being calculated from th of the happening of the vacancy. vacancies; and duties. their See 947. powers investigated. The commissioners so named.shall meet at Wash p. at the earliest convenient period after they hav respectively named; and shall, before proceeding business, make and subscribe a solemn declaratio they will impartially and carefully examine and dec the best of their judgment, and according to justic equity, all such claims as shall be laid before them o part of the governments of the United States and Britannic Majesty, respectively; and such declar shall be entered on the record of their proceedings ARTICLE XIII. Claims to be The commissioners shall then forthwith proceed t investigation of the claims which shall be presente them. They shall investigate and decide such clain such order and such manner as they may think pr but upon such evidence or information only as sha furnished by or on behalf of the respective governm They shall be bound to receive and consider all wri documents or statements which may be presented to t by or on behalf of the respective governments in sup of, or in answer to, any claim, and to hear, if requi one person on each side, on behalf of each governm as counsel or agent for such government, on each A majority to decide. every separate claim. A majority of the commissio Award in each shall be sufficient for an award in each case. The aw shall be given upon each claim in writing, and shall signed by the commissioners assenting to it. It shall competent for each government to name one person Agent of each attend the commissioners as its agent, to present and st port claims on its behalf, and to answer claims made up it, and to represent it generally in all matters connect with the investigation and decisions thereof. claim. government. |