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and that Act and the Prize Courts Act, 1894, and this Act may be cited together as the Naval Prize Acts, 1864 to 1914.

SCHEDULE.

Provisions of Naval Prize Act, 1864, repealed.

Sections 7 and 8, 18 to 29, 32, 33, and 36, and in section 41, the words "either by warrant of arrest against the ship or goods, or by monition and attachment against the owner” (i).

(i) As to procedure and practice, there is a considerable number of Orders, rules and regulations; many

were issued during the Great War. (Cf. Manual of Emergency Legislation, ed. by A. Pulling, passim.)

APPENDIX C.

Alabama

claims to be referred to arbitration.

THE TREATY OF WASHINGTON, 1871.

Concluded May 8, 1871; Ratifications Exchanged June 17, 1871;
Proclaimed July 4, 1871.

The United States of America and Her Britannic Majesty, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective Plenipotentiaries, that is to say: the President of the United States has appointed, on the part of the United States, as Commissioners in a Joint High Commission and Plenipotentiaries, Hamilton Fish, Secretary of State; Robert Cumming Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer Rockwood Hoar, of Massachusetts; and George Henry Williams, of Oregon; and Her Britannic Majesty, on her part, has appointed as Her High Commissioners and Plenipotentiaries, the Right Honourable George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, &c., &c.; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honourable Order of the Bath, &c., &c.; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alexander Macdonald, Knight Commander of the Most Honourable Order of the Bath, a member of Her Majesty's Privy Council for Canada, and Minister of Justice and AttorneyGeneral of Her Majesty's Dominion of Canada; and Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford.

And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles:

ARTICLE I.

Whereas differences have arisen between the government of the United States and the government of Her Britannic Majesty; and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the " Alabama Claims":

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 what

ever circumstances, of The Alabama and other vessels from British ports, and for the depredations committed by those vessels:

Now, in order to remove and adjust all complaints and claims on Arbitrators, the part of the United States, and to provide for the speedy settle- how to be named. ment 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 Vacancies, of the said Arbitrators, or, in the event of either of the said Arbitra- how filled. tors 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.

ARTICLE II.

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

decide.

Each of the High Contracting Parties shall also name one person to Agents of attend the tribunal as its agent to represent it generally in all matters each party. connected with the arbitration.

ARTICLE III.

party, &c., when to be arbitrators. given to

The written or printed case of each of the two parties, accompanied Case of each by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the agent of the other 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.

Counter-case,

&c.

Time may be extended.

Documents

and papers to be produced.

Arguments

and briefs.

Rules to govern the arbitrators in

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 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.

The Arbitrators may, however, extend the time for delivering such counter-case, documents, correspondence, and evidence, when, in their judgment, it becomes necessary, in consequence 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 exclusive possession without annexing a copy, such party shall 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.

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 countercase 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, they shall be governed by the following three rules, which are agreed upon by the their decision. 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.

Obligation of neutral

government

A neutral government is bound—

First, to use due diligence to prevent the fitting-out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonout vessels in able ground to believe is intended to cruise or to carry on war against

as to fitting

its waters;

as to the use

of its ports;

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. Secondly, not to permit or suffer either belligerent to make use of 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 waters, and, to prevent as to all persons within its jurisdiction, to prevent any violation of violation of its the foregoing obligations and duties. obligations.

the claims

Her Britannic Majesty has commanded her High Commissioners These rules and Plenipotentiaries to declare that Her Majesty's Government not admitted cannot assent to the foregoing rules as a statement of principles of to have been international law which were in force at the time when the claims in force when mentioned in Article I. arose; but that Her Majesty's Government, arose. 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.

And the High Contracting Parties agree to observe these rules as Rules to between themselves in future, and to bring them to the knowledge of govern future other maritime powers, and to invite them to accede to them.

ARTICLE VII.

cases.

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

It shall be made in writing, and dated, and shall be signed by the Arbitrators who may assent to it.

made, when,

and in what

form;

a gross sum

The said tribunal shall first determine as to each vessel separately If Great whether Great Britain has, by any act or omission, failed to fulfil any Britain is of the duties set forth in the foregoing three rules, or recognized by found in fault, the principles of international law not inconsistent with such rules, may be and shall certify such fact as to each of the said vessels. In case the awarded. 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.

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

ment.

ARTICLE VIII.

Each Government shall pay its own agent, and provide for the Expenses of proper remuneration of the counsel employed by it and of the Arbi- the arbitratrator appointed by it, and for the expense of preparing and sub- tion, how to be defrayed. mitting its case to the tribunal. All other expenses connected with the arbitration shall be defrayed by the two Governments in equal

moieties.

ARTICLE IX.

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

ARTICLE X.

In case the tribunal finds that Great Britain has failed to fulfil any If Great duty or duties as aforesaid, and does not award a sum in gross, the Britain is found in fault,

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