such appointment, and whose selection shall be conclusive on both parties. ARTICLE II The arbitrator being appointed, the commissioners shall proceed to examine and determine the claims which may be presented to them, under the provisions of this convention, by the Government of the United States, together with the evidence submitted in support of them, and shall hear, if required, one person in behalf of each government on every separate claim. Each government shall furnish, upon request of either of the commissioners, such papers in its possession as the commissioners may deem important to the just determination of any claims presented to them. In cases where they agree to award an indemnity, they shall determine the amount to be paid, having due regard, in claims which have grown out of the riot of Panama of April 15, 1856, to damages suffered through death, wounds, robberies or destruction of property. In cases where they can not agree, the subjects of difference shall be referred to umpire, before whom each of the commissioners may be heard, and whose decision shall be final. ARTICLE III The commissioners shall issue certificates of the sums to be paid by virtue of their awards to the claimants, and the aggregate amount of said sums shall be paid to the Government of the United States, at Washington, in equal semi-annual payments, the first payment to be made six months from the termination of the commission, and the whole payment to be completed within eight years from the same date; and each of said sums shall bear interest (also payable semiannually) at the rate of six per cent per annum from the day on which the awards, respectively, shall have been decreed. To meet these payments, the Government of New Granada hereby specially appropriates one-half of the compensation which may accrue to it from the Panama Railroad Company, in lieu of postages, by virtue of the thirtieth article of the contract between the Republic of New Granada and said Company, made April 15, 1850, and approved June 4, 1850, and also one-half of the dividends which it may receive from the net profits of said road, as provided in the fifty-fifth article of the same contract; but if these funds should prove insufficient to make the payments as above stipulated, New Granada will provide other means for that purpose. ARTICLE IV The commission herein provided shall terminate its labors in nine months from and including the day of its organization; shall keep an accurate record of its proceedings, and may appoint a secretary to assist in the transaction of its business. ARTICLE V The proceedings of this commission shall be final and conclusive with respect to all the claims before it, and its awards shall be a full discharge to New Granada of all claims of citizens of the United States against that republic which may have accrued prior to the signature of this convention. ARTICLE VI Each government shall pay its own commissioner, but the umpire, as well as the incidental expenses of the commission, shall be paid, one-half by the United States, and the other half by New Granada. ARTICLE VII The present convention shall be ratified, and the ratifications exchanged in Washington. In faith whereof, we, the respective plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done at Washington, this tenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven. [Here follow signatures.] No. 29 COSTA RICA-NICARAGUA Provision for the arbitration of a boundary dispute, in a treaty of peace.Signed at Rivas, December 8, 1857 1 ARTICLE VIII The boundary between Costa Rica and Nicaragua shall be that which was established by the last treaty entered into at Managua in July of the present year between the commissioners, General José 1 Spanish: Tratados Internacionales de Costa Rica, vol. II, p. 143. No information is at hand whether this was or was not ratified by either party. It is included in Mr. Luis Anderson's manuscript study of the archives of the Costa Rican foreign office. María Cañas and Attorney Gregorio Juárez; or instead that which heretofore has been recognized as the boundary of the District of Nicoya and within which the authorities of said District have constantly exercised acts of jurisdiction. The Government of Costa Rica shall designate which of these two boundaries shall be considered as adopted, this fact to be comprised within the act of ratification of this treaty. If the said government should adopt the second, and if, in establishing it, point by point, any difficulties should occur, they shall be removed by a board of arbitration which the two governments shall be obliged to name, in order that it may, upon examination of the documents, reach a final settlement. No. 30 NEW GRANADA (COLOMBIA)-PERU Provision for general arbitration, in a treaty of friendship, commerce, and navigation.-Signed at Bogotá, March 8, 18581 ARTICLE XL The Republics of New Granada and Peru, desiring to render as lasting as possible under the circumstances the relations which have long existed between themselves, have agreed on the following: First. The present treaty of friendship, commerce and navigation shall be perpetual in respect to the agreement contained in the first article; and respecting the rest, it shall be in force for a period of ten years, to be reckoned from the day on which the ratifications shall be exchanged. But if neither of the parties should announce to the other, through an official declaration, one year before the expiration of that period, its intention to terminate the treaty, it shall continue to be binding on both parties until one year after any day on which such notification shall have been given by either of said parties; Secondly. If one or more citizens of either of the contracting parties should violate any of the articles of this treaty, he or they shall be personally responsible for the violation, but such circumstance shall not interrupt the relations of good harmony and friendliness between the two nations, each of the parties hereto binding itself not 1 Spanish: Aranda, Tratados del Perú, vol. III, p. 269. Found also in Tratados Públicos de Colombia, vol. II (1884), p. 118. Ratifications exchanged at Bogotá, June 23, 1859. de Arbitramiento, p. 40, gives the arbitral clauses. See either source. Wiesse, Tratados to protect in any way the violators of the treaty and not to sanction or authorize such violation; Thirdly. If (what is not to be expected) unfortunately any one or more of the articles of this treaty should be violated or infringed by either of the two governments, the party which may consider itself offended shall present to the other a statement of the injuries or damages, supplying evidence with adequate documents, and shall ask justice and satisfaction. If the party addressed should refuse to do justice to the other or to give the satisfaction asked, the two powers shall submit the question to a government friendly to both of them, and they shall abide by the decision which the latter may render; Fourthly. In all cases of controversy, in which the two contracting parties shall not be able to come to an agreement through diplomatic channels, they shall appeal to the decision of an arbitrator to arrange their differences peaceably and definitively; Fifthly. Neither of the contracting parties shall be permitted to declare war on the other, nor resort to or authorize acts of reprisal or hostility, except in case of the other party's making impossible any diplomatic adjustment or the arbitral decision of a friendly govern ment. No. 31 COSTA RICA-NICARAGUA Provision for general arbitration, in a treaty of peace, friendship, alliance, and commerce.—Signed at Rivas, April 30, 1858 1 ARTICLE XXIV If for any cause the relations of amity and commerce between the two republics should be interrupted, which God forbid, the citizens of each of the two contracting parties residing in the territory of the other shall remain undisturbed, duly respected and under the protection which the laws give to native born subjects. 1 Spanish: Tratados Internacionales de Costa Rica, vol. II (1893), p. 158. No certain evidence is at hand whether it was or was not ratified by either party, or whether the ratifications were exchanged. Bonilla's Tratados Internacionales de Nicaragua (published by order of the government, 1909), p. 352, prints the treaty, marking it insubsistente in the list of contents, p. 563. Tratados de Arbitraje de Nicaragua (also published officially, in 1914), p. 123, prints the arbitral provisions without comment. It is also included in Mr. Luis Anderson's manuscript study of the archives of the Costa Rican foreign office. ARTICLE XXV In the supposed case referred to in the foregoing article, if the interruption of the good understanding and harmony between the Republics of Costa Rica and Nicaragua should be due to the infringement of any one or more of the articles of this treaty, it is declared and established: that such infringement shall not authorize reprisals nor hostile measures, until the offended party shall explain such offenses and, if it does not consider itself satisfied, shall submit them to the impartial decision of two states of the Central American Union, to be designated one by each of said parties. No. 32 CHILE-UNITED STATES Convention for the arbitration of the "Macedonian" Claims.-Signed at Santiago, November 10, 18581 The Government of the United States of America and the Government of the Republic of Chile desiring to settle amicably the claim made by the former upon the latter for certain citizens of the United States of America, who claim to be the rightful owners of the silver in coin and in bars forcibly taken from the possession of Captain Eliphalet Smith, a citizen of the United States of America, in the valley of Sitana, in the territory of the former Vice Royalty of Peru, in the year 1821, by order of Lord Cochrane, at that time Vice Admiral of the Chilean Squadron, have agreed, the former to name John Bigler, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, and the latter, Don Gerónimo Urmeneta, Minister of State in the Department of Interior and Foreign Relations, in the name and in behalf of their respective governments to examine the said claim and to agree upon terms of arrangement just and honorable to both governments. The aforesaid plenipotentiaries, after having exchanged their full powers, and found them in due and good form, sincerely desiring to preserve intact and strengthen the friendly relations which happily exist between their respective governments, and to remove all cause of difference, which might weaken or change them, have agreed in the 1 English: United States Statutes at Large, vol. 12, p. 1083. Spanish: Tratados de Chile, vol. 1, p. 294. Ratifications exchanged at Santiago, October 15, 1859. |