Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
They provide, secondly, for a tribunal of arbitration, composed of five
members, one of whom should be {308} named by the President of the
United States, one by Her Britannic Majesty, one by the King of Italy,
one by the President of the Swiss Confederation, and one by the Emperor
of Brazil; and, in case either of these last three mentioned should
fail to name an arbitrator, they provide that one should be named by
the King of Sweden and Norway; and finally, that one agent should be
named by each of the high contracting parties to represent it generally
in all matters connected with the arbitration.
[Sidenote: The Alabama claims and the Geneva convention.]
They provide, in the third place, that "the Arbitrators shall meet at
Geneva, in Switzerland, at the earliest convenient day after they shall
have been named, and shall proceed impartially 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," and that "all questions considered by the Tribunal,
including the final award, shall be decided by a majority of all the
arbitrators."
They provide, in the fourth place, that each of the two high
contracting parties should deliver his written or printed case,
together with all the evidence in support of it, to each of the
arbitrators and to the agent of the other party, as soon as possible
after the organization of the Tribunal, and within a period not
exceeding six months from the 17th of June, 1871; that within four
months after the delivery on both sides of the case, each party might
put in a counter case, with additional evidence, in reply to the case
of the other party; that the arbitrators might extend the time, under
certain circumstances, for delivering the counter case; that "within
two months after the expiration of the time limited for the delivery of
the counter case on both sides," the agent of each party should deliver
to each of {309} the 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 that the arbitrators
might require further argument by counsel, giving to each party an
equal chance to be heard.
They provide, in the fifth place, that the Tribunal should consider the
case of each vessel separately; that it might, however, award a gross
sum, or that in case it did not award a sum in gross, the high
contracting parties should appoint two members of a board of assessors,
and request the Italian Minister at Washington to appoint a third,
which board should determine the amounts due in the cases in which the
arbitrators had pronounced responsibility.
They provide, in the sixth place, that in deciding the matters
submitted the arbitrators should be governed by the following rules:
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