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And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries 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 ports, and for the depredations committed by those vessels:

Arbitrators, and how to be named.

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 Britannic Majesty's Government, the high contracting parties agree that all the said claims, growing out of acts committed by the aforesaid vessels, and generically known as the "Alabama.Claims," shall be referred to a tribunal of arbitration to be composed of five Arbitrators, 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 Britannic 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.

In case of the death, absence, or incapacity to serve of any or either of the said Arbitrators, or, in the event of either of the said Vacancies, how filled. Arbitrators omitting or declining or ceasing to act as such, the President of the United States, or Her Britannic Majesty, or His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, as the case may be, may forthwith name another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such head of a State.

And in the event of the refusal or omission for two months after receipt of the request from either of the high contracting parties of His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, to name an Arbitrator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such Arbitrator, His Majesty the King of Sweden and Norway shall be requested to name one or more persons, as the case may be, to act as such Arbitrator or Arbitrators.

Arbitrators

where.

to

ARTICLE II.

The Arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been named, and shall meet, when and proceed impartially and carefully to examine and decide all questions that shall be laid before them on the part of the Governments of the United States and Her Britannic MajA majority to de. esty respectively. All questions considered by the tribunal, including the final award, shall be decided by a majority of

Their powers.

cide.

all the Arbitrators.

Each of the high contracting parties shall also name one person to attend the tribunal as its Agent to represent it generally in Agent of each party. all matters connected with the arbitration.

Case of each party,

ARTICLE III.

The written or printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evi&c.. when to be given dence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other

to Arbitrators.

party as soon as may be after the organization of the tribunal, but within a period not exceeding six months from the date of the exchange of the ratifications of this treaty.

ARTICLE IV.

Within four months after the delivery on both sides of the written or printed case, either party may, in like manner, deliver in duplicate to each of the said Arbitrators, and to the Agent

Counter case, &c.

of the other party, a counter case and additional documents, correspondence, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other party.

Time may be ex

The Arbitrators may, however, extend the time for delivering such counter case, documents, correspondence, and evidence, when, in their judgment, it becomes necessary, in conse- tended. quence of the distance of the place from which the evidence to be presented is to be procured.

If in the case submitted to the Arbitrators either party shall have specified or alluded to any report or document in its own exclu- Documents and pasive possession without annexing a copy, such party shall pers to be produced. be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the Arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrators may require.

ARTICLE V.

Arguments and

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 briefs. 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.

Rules, &c, to gov ern the Arbitrators in their decisions.

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 inconsistent therewith as the Arbitrators shall determine to have been applicable to the case.

RULES.

A neutral Government is bound

Obligations of neu tral Government to use due diligence to

First, to use due diligence to prevent the fitting out, arming, or equip ping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace; and also to prevent the use like diligence to prevent the departure from its juris- &c., of vessels, &c. diction of any vessel intended to cruise or carry on war as above, such

fitting

out, &c., within,

vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.

ports, &c., to be

used for certain pur

poses.

To use due diligence

vent violation of obligations.

Secondly, not to permit or suffer either belligerent to make use of its Not to permit its ports or waters as the base of naval operations against the other, or 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 within, & top waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties. Her Britannic Majesty has commanded her High Commissioners and These rules not ad. Plenipotentiaries to declare that Her Majesty's Government mitted to have been cannot assent to the foregoing rules as a statement of prinClaims ciples 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 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.

in force when the

Alabama

agose, but to govern in future cases.

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.

The decision of the tribunal shall, if possible, be made within three months from the close of the argument on both sides.

Decision to be

made, when and in what form.

To be made as to

rately.

If Great Britain is

sum may be awarded.

It 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 Britain has, by any act or omission, failed to each vessel sepa 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 found in fault a gross each of the said vessels. In case the tribunal find that Great Britain has failed to fulfil 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.

When to be paid.

The award shall be in duplicate, one copy whereof shall be delivered to the Agent of the United States for his Government, and to the other copy shall be delivered to the Agent of Great Britain for his Government.

Award to

be in

duplicate, and whom delivered.

Expenses of the be defrayed.

ARTICLE VIII.

Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it and of the Ararbitration, how to bitrator 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 Govern ments in equal moieties.

ARTICLE IX.

The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them.

ARTICLE X.

Arbitrators to keep a record.

to fulfil any

If Great Britain is

found in fault, and a awarded, a board of pointed to determine

gross sum 18 not

In case the tribunal finds that Great Britain has failed duty or duties as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of assessors shall be appointed to ascertain 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.

assessors to be ap

claims, &c.

The board of assessors shall be constituted as follows: One member thereof shall be named by the President of the United States,

How to be consti

Vacancies.

Board to meet when.

Members to sub

one member thereof shall be named by Her Britannic Maj- tuted. esty, 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 in Boston. The members thereof shall severally subscribe a solemn declaration that they will impartially and carefully examine and decide, to scribe a declaration. the best of their judgment and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under Their powers and such rules and regulations as they may prescribe, to the in- duties. vestigation 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 of each Government, as counsel or agent. A A majority to demajority of the Assessors in each case shall be sufficient for cide a decision.

Decision, when and

The decision of the Assessors shall be given upon each claim in writing, and shall be'signed by them respectively how to be given. and dated.

Claims to be pre

Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, for sented within what good cause shown, extend the time for the presentation of any claim to a further period not exceeding three months.

time.

sors.

The Assessors shall report to each Government, at or before the expiration of one year from the date of their first meeting, the Report of Assesamount 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.

How to be made

ered

The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of and to whom delivthe United States, and one copy thereof to the Representative of Her Britannic Majesty at Washington.

All sums of money which may be awarded under this article shall be Awards, when and payable at Washington, in coin, within twelve months after the delivery of each report.

where to be paid.

Clerks.

Expenses.

The board of assessors may employ such clerks as they shall think necessary.

The expenses of the board of assessors shall be borne 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.

Decisions of the

sessors to be final.

ARTICLE XI.

The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board Arbitrators and As 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 every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board, shall, from and after sented to be deemed the conclusion of the proceedings of the tribunal or board, finally settled. be considered and treated as finally settled, barred, and thenceforth inadmissible.

Claims not pre

ARTICLE XII.

Certain claims

against

either Government to be referred to

The high contracting parties agree that all claims on the part of corporations, companies, or private individuals, citizens of the (other than Alabama United States, upon the Government of Her Britannic Majesty, arising out of acts committed against the persons three Commissioners. or property of citizens of the 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 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 unsettled, as well as any other such claims which may be presented within the time specified in Article XIV of this treaty, shall be referred to three Commissioners, to be appointed in the following manner, Their appointment. that is to say: One Commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third Commissioner shall not have been so named within a period of three months from the date of the exchange of the ratifications of this treaty, then the third Commissioner shall be named by the Representative at Washington of His Majesty the King of Spain. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment; the period of three months in case of such substitution being calculated from the date of the happening of the vacancy.

Vacancies.

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