Nous croyons intéressant de compléter les documents reproduits ci-dessus par les règles de procédure adoptées par les arbitres pour la réalisation de leur mission.

Regulations now in force, of the Commission on claims of citizens of the United States against Spain, by agreement of February 12, 1871, adopted June 10, 1871.

I. In addition to the representation of his claim, and the exhibits or proofs in support thereof, which may have been or shall be presented to or filed in the Department of State of the United States, every claimant shall file, in the office of this Commission, a statement of his claim in the form of a memorial.

II. Every memorial shall show the full name of the claimant, his place of birth, and, if he be a naturalized citizen of the United States, the time and place and the Style of court before which his declaration of intention shall have been made, and the time and place and the style of court by which his letters of naturalization shall have been granted; and authenticated copies of both these acts shall be exhibited with the memorial. Secondary evidence will be admitted upon proper foundation according to recognized rules of evidence.

III. If the claim be preferred on behalf of a firm or association of persons the name of each person interested, both at the date the claim. accrued and at the date of verifying the memorial, must be stated, with the proportions of the interest of each person.

IV. Each memorial shall state the particulars of the claim, the general ground on which it is founded under the public international law, and the amount claimed. It shall be verified by the oath of the claimant, or, if the claim be by a firm or association of persons, by the oath of one of them; or in the case of a corporation, by the oats of the president, secretary, or other officer thereof: such oaths to be taken, if in the United States, before any officer having power to administer judicial oaths according to the law of the place where administered and the official character of such officer shall be duly authenticated according to the laws of said place. If such oath be taken without the territory of the United States, it may be administered by the legation or nearest consul of the United States.

V. The Arbitrators may, in their discretion, order any claimant to answer on oath such interrogatories as may be submitted to the Commission for the purpose by or on behalf of either

government.

VI. Every claimant shall be allowed two months' time, next following the filing of his me

morial, in which to take and file his proofs, and three months next following the same shall be allowed for the taking and filing of proofs on the part of Spain; which respective periods may be prolonged by special order on cause shown.

VII. All depositions shall be taken on notice, specifying the time and place of taking, to be filed in the office of the Commission, with a copy of the interrogatories, or upon a statement in writing by the advocate of the government adducing the witness, to be filed in like manner, showing the subject of the particular examination with sufficient precision to be accepted by the advocate of the government against whom such witness is to be produced, to be signified by his indorsement thereon; such interrogatories or statements to be filed in the office of the Commission at least twenty-one days before the day named for the examination. Every deposition taken, either in the United States or in Spain or her possessions shall be taken before some officer competent to administer judicial oaths under the laws of the place, whose official character shall be duly authenticated according to said laws; and each witness shall state whether he is interested, directly or indirectly, and how, in the matter of the claim, and whether he is agent or attorney for any party interested directly or indirectly therein.

Depositions taken outside of the United States, or of Spain and her possessions, may be taken before the legation or nearest consul of either Government, in the election of the advocate thereof.

VIII. Public acts, decrees, orders, laws, and other official instruments and copies, shall be authenticated according to the country from which they emanate.

IX. Such documents and proofs are liable to be impeached for fraud, in any manner recognized in similar cases, by the laws of the country from which they emanate, or by the laws of nations.

X. After the proofs on the part of Spain shall have been closed and filed, the Commission shall, in every case, when the claimant shall desire to take rebutting proof, accord a reasonable time, in its discretion, for the taking of such rebutting proof.

XI. The rules of evidence, as to the competency, relevancy, and effect of the same, shall, be determined by the Commission, in view of these regulations, the laws of the two nations, and the public law.

XII. Each memorial, and all exhibits and proofs, shall be filed in original manuscript, and the same, and all matter, including briefs and arguments, shall be printed at the expense of

the party adducing or propounding the same; at least thirty printed copies of each being filed. XIII. All cases will be submitted on printed arguments, but brief oral explanations will be received at all times from the advocate of either government.

Arguments of special counsel will be received in print, when submitted by the advocate of either government and not otherwise.

XIV. All claims filed with the commission be entered in a docket to be kept by the Secretary. On the first Monday in December next the Arbitrators will proceed to call and hear any cases which may be ready for hearing in conformity with these regulation.

XV. The Secretary shall take charge of all the papers belonging to the Commission. He will not allow them to be withdrawn from the office, but will furnish to parties, or special counsel, all convenient opportunity for inspecting the same, and making extracts thereform in his presence.

XVI. In all cases heretofore filed before this Commission, the memorials and exhibits, and testimony now on file in the English language shall be translated into Spanish, and such translations shall be furnished and filed by the respective claimants on or before the first day of June 1872.

In all cases of memorials, or of exhibits and testimony hereafter to be filed, the claimants are required to furnish such translations, and to file the same, together with the English originals. Of the printed copies now required by the rules, fifteen shall be in English and fifteen in Spanish.

Printed briefs and arguments may be filed in the English language only, as heretofore. By order of the Commission 1.

colonies, et dont le plus redoutable avait été l'Alabama. Le tribunal arbitral, qui siégea à Genève, était composé de cinq arbitres, qui accordèrent, aux Etats-Unis de l'Amérique du Nord, une indemnité de 15,500,000 $, à répartir entre les citoyens américains préjudiciés.

Treaty concluded at Washington, on May 8, 1871, between Great Britain and the United States of America for the settlement of claims by arbitration.

ARTICLE I. Whereas difference 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 whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels:

Now, in order to remove and ajust 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 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 fortwith 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 convenient day after they shall have been named and shall 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 Majesty respectively. All questions considered by the tribunal, including the final Award, shall be decided by a majority of 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 all matters connected with the arbitration.

ARTICLE III. The written or printed case of each of the two Parties, accompanied 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.

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 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 subImitted 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:

FIRST, to use due diligence to prevent the fitting out, arming, or equiping, 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 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 exercice due diligence in its own ports and waters, and as to all person within its jurisdiction, to prevent any violations of the foregoing obligations and duties.

Her Britannic Majesty has commanded Her High Commissioners and Plenipotentiaries to declare that Her Majesty's Government cannot assent to the foregoing 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 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. The decision of the Tribunal shall, if possible, be made within three 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.

The said Tribunal shall first determine as to each vessel separately whether Great Britain has, 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 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 to 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 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.

ARTICLE VIII. Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed 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. The Arbitrators shall keep an accurate record of their proceedings and may appoint and employ the necessary officers to assist them.

ARTICLE X. 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

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.

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 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 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 of each Government, as counsel or agent. A majority of the Assessors in each case shall be sufficient for a decision.

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.

The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the secretary of State of 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 payable at Washington, in coin, within twelve months after the delivery of each report.

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.

ARTICLE XI. The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Arbitration and of the Board of Assessors, should such Board be appointed, as a full, perfect and final settlement of all the claims herein before refered 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 the conclusion of the proceedings of the Tribunal or Board, be considered and treated as finally settled, barred and thenceforth inadmissible. 1

Award pronounced by the Tribunal of Arbitration on the Alabama Claims, Geneva, September 14, 1872.

Her Britannic Majesty and the United States of America having agreed by Article 1 of the treaty concluded and signed at Washington the 8th of May 1871 to refer all the claims generically known as the Alabama claims > to a Tribunal of Arbitration to be composed of five Arbitrators named: one by Her Britannic Majesty, one by the President of the United States, one by His Majesty the King of Italy, one by the President of the Swiss Confederation, one by His Majesty the Emperor of Brazil; and Her Britannic Majesty, the President of the United States, His Majesty the King of Italy, the President of the Swiss Confederation, and His Majesty the Emperor of Brazil, having respectively named their Arbitrators to wit:

Her Britannic Majesty, Sir Alexander James Edmund Cockburn, Baronet, a Member of Her Majesty's Privy Council, Lord Chief Justice of

1 Treaties and Conventions ....., 1776-1887, p. 479-483.

England; the President of the United States, Charles Francis Adams, Esquire; His Majesty the King of Italy, His Excellency Count Frederick Sclopis of Salerano, a Knight of the Order of the Annunciata, Minister of State, Senator of the Kingdom of Italy: the President of the Swiss Confederation, M. Jacques Stampfli; His Majesty the Emperor of Brazil, His Excellency Marcos Antonio d'Araujo, Viscount d'Itajubá, a Grandee of the Empire of Brazil, Member of the Council of His Majesty the Emperor of Brazil, and His Envoy Extraordinary and Minister Plenipotentiary in France:

And the five Arbitrators above named having assembled at Geneva (in Switzerland) in one of the Chambers of the Hôtel de Ville on the 15th of December 1871, in conformity whith the terms of the IInd Article of the treaty of Washington of the 8th of May of that year, and having proceeded to the inspection and verification of their respective powers, which were found duly authenticated, the Tribunal of Arbitration was declared duly organized.

The Agents named by each of the High Contracting Parties, by virtue of the same Article II to wit: for Her Britannic Majesty, Charles Stuart Aubrey, Lord Tenterden, a Peer of the United Kingdom, Companion of the Most Honourable Order of the Bath, Assistant Under-Secretary of State for Foreign Affairs; and for the United States of America, John C. Bancroft Davis, Esquire; whose powers were found likewise duly authenticated, then delivered to each of the Arbitrators the printed Case prepared by each of the two Parties, accompanied by the documents, the official correspondence and other evidence, on which each relied, in conformity whith the terms of the IIIrd Article of the said treaty.

In virtue of the decision made by the Tribunal at its first session, the Counter-Case and additional documents, correspondence, and evidence referred to in Article IV of the said treaty were delivered by the respective Agents of the two Parties to the Secretary of the Tribunal on the 15th of April 1872, at the Chamber of Conference, at the Hôtel de Ville of Geneva.

The Tribunal, in accordance with the vote of adjournment passed at their second session, held on the 16th December 1871, reassembled at Geneva on the 15th of June 1872; and the Agent of each of the parties duly delivered to each of the Arbitrators and to the Agent of the other Party the printed Argument referred to in Article IV of the said Treaty.

The Tribunal having since fully taken into their consideration the treaty and also the Cases, Counter-Cases, documents, evidence, and Arguments and likewise all other communications