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.

ART. V.

It shall be the duty of the agent of each Party, within two months after 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.

ART. VI.

In deciding the matters submitted to the Arbitrators they shall be governed by the following three rules, wich 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:

First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise on to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from ist 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 bellige

rent 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, 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 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 satis factory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should assumer that Her Majesty's Governemnt had undertaken to act upon the principles set forth in these rules.

And the Hing 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.

ART. 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 de 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 separatety whether Great Britain has, by any act or omission, failed to fulfill any of the duties set forth in the fore-going 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 fulfill any duty or duties as aforesaid, it may 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 Great Britain to the Government of the United States, at Washington, within twelve months after the date of the award.

if it

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.

ART. VIII.

Each Government shall pay its own agent and provide for the proper renumeration 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 Government in equal moieties.

ART IX.

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

ART. X.

In case the Tribunal finds that Great Britain has failed fo fulfill any duty or duties as aforesaid, and does not award a sum in gross, the High Contracting Parties agree that a Bo