APPENDIX II. TREATIES RELATING TO ARBITRATIONS TO WHICH THE UNITED STATES HAS BEEN A PARTY. [Argentine Republic. See Brazil, and Paraguay.] BRAZIL. Protocol of a conference held in Rio de Janeiro in the foreign office on the 14th day of March, in the year of our Lord one thousand eight hundred and serenty, between the enroy extraordinary and minister plenipotentiary of the United States and the minister and secretary of state for the marine department in charge of foreign affairs. Whereas the Government of the United States have claimed of the government of His Imperial Majesty the Emperor of Brazil the payment of a certain compensation to the owners of the United States whaleship Canada, which is alleged by the Government of the United States to be instly due to the said owners by the government of His Imperial Majesty; and whereas the government of His Imperial Majesty deny their liability to make such payment by reason of any of the alleged causes set forth by the Government of the United States; and whereas both parties being animated by a friendly feeling, and each desiring to make an amicable settlement of the said cause of difference, have agreed to refer the same to the arbitration of Edward Thornton, esq., commander of the bath, the envoy extraordinary and minister plenipotentiary of Her Britannic Majesty at Washington: For this purpose it now becomes necessary to place on record certain terms and arrangements, with a view of obtaining a speedy and convenient hearing and determination of the matters to be submitted; and the undersigned, Henry T. Blow, envoy extraordinary and minister plenipotentiary of the United States near the court of His Imperial Majesty, and the Baron de Cotegipe, minister and secretary of state for the marine department in charge of the foreign affairs, being duly authorized by their respective governments, have agreed as follows: ARTICLE I. The claim of the Government of the United States against the Government of Brazil for compensation to the owners of the United States whaleship Canada, and of the cargo thereof, shall be submitted to the arbitration and award of Edward Thornton, esq., commander of the bath, the envoy extraordinary and minister plenipotentiary of Her Britannic Majesty at Washington. ARTICLE II. The award of the said arbitrator shall be considered as absolutely final and conclusive, and full effect shall be given thereto without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated. It shall be in whatsoever form the arbitrator shall choose to adopt. It shall be delivered to the minister or other public agent of His Imperial Majesty who may be actually in the United States and to the Secretary of State at Washington, and shall be considered as operative from the date of the delivery thereof. ARTICLE III. The written or printed case of each of the two parties, with the documents, correspondence, and evidence on which each relies in support of the same, shall be laid before the arbitrator at Washington on or before the 1st day of June next, and the arbitrator shall decide the questions so submitted to him upon such case, documents, correspondence, and evidence. ARTICLE IV. The Secretary of State of the United States and the minister or other public representative of His Imperial Majesty, actually in the United States, shall be considered as the agents of their respective governments, to whom the arbitrator shall address notices and whose acts shall bind their respective governments. ARTICLE V. The arbitrator may employ a clerk for the purposes of the arbitration at such rate of remuneration as he shall think proper. This and all other expenses of the arbitration shall be repaid in two equal por tions, one by each of the two parties, as soon as the arbitrator renders an account of the same. ARTICLE VI. Should the arbitrator decline to render any decision, everything done by virtue of this agreement shall be null and void and each government shall be at liberty to proceed as if no arbitration had been made. Done at Rio de Janeiro the fourteenth day of March, in the year of our Lord one thousand eight hundred and seventy. [SEAL.] [SEAL.] HENTY T. BLOW. Treaty between Brazil and the Argentine Republic, signed September 7, 1889, for the arbitration of the question of their boundaries. [Translated from the Portuguese.] His Majesty the Emperor of Brazil and His Excellency the President of the Argentine Republic, desiring to solve as speedily as possible the boundary question pending between the two States, have agreed, without prejudice to the treaty of the 28th of September 1885, to fix a term for the conclusion of the discussion of right, and, in the event of their not sueceeding in coming to an understanding, to submit the same question to the arbitration of a friendly government, and as to this end a treaty is necessary, they have appointed their plenipotentiaries, that is to say: His Majesty the Emperor of Brazil, the Baron de Alencar, a member of his council, his envoy extraordinary and minister plenipotentiary in the Argentine Republic; His Excellency the President of the Argentine Republic, Dr. D. Norberto Quirno Costa, his minister and secretary for the home office and, ad interim, for foreign affairs; Who, after having communicated to each other their full powers, which were found in good and due form, agreed upon the following articles: ART. 1. The discussion of the right which each of the high contracting parties believes itself to have to the territory in litigation between them shall be closed within the term of ninety days, reckoned from the conclusion of the survey of the ground in which the sources of the rivers Chapecó or Pequiry-Guaçû and Jangada or Santo Antonio-Guaçû are situated. Such survey will be understood to have been concluded on the day when the commissions appointed by virtue of the treaty of the 28th of September 1885 shall present to their governments the reports and plans referred to in article 4 of the said treaty. ART. 2. If the term mentioned in the preceding article should expire without any friendly solution, the question shall be submitted to the arbitration of the President of the United States of America, to whom the high contracting parties shall apply within the sixty following days, requesting him to accept that function. ART. 3. If the President of the United States of America should refuse, the high contracting parties shall select within sixty days of the refusal another arbitrator, either in Europe or America, and in the event of any other refusal they shall proceed in the same manner. ART. 4. The invitation being accepted, each of the high contracting parties will within twelve months, reckoned from the date of the receipt of the respective communication, present to the arbitrator a statement, accompanied by all documents and titles tending to the defence of its right. This being done, no further addition can be made except at the request of the arbitrator, who will have the right to order all necessary information. ART. 5. The frontier shall be constituted by the rivers which Brazil or the Argentine Republic have designated, and the arbitrator shall be invited to pronounce in favor of one or the other of the parties as he may consider just after due investigation of the reasons and documents produced. ART. 6. The award shall be given within a term of twelve months, reckoned from the date of the presentation of the statements, or of the more recent, if they shall not have been presented at the same time by both parties. It shall be definitive and obligatory, and nothing shall be alleged as a reason for hindering its fulfillment. ART. 7. The present treaty shall be ratified and the ratifications shall be exchanged at the city of Rio de Janeiro within the shortest possible term. In witness whereof the plenipotentiaries of the Empire of Brazil and of the Argentine Republic sign the said treaty and set their seals thereto at the city of Buenos Ayres on the 7th day of the month of September 1889. [L. S.] [L. S.] CHILE. BARAO DE ALENCAR. Convention concerning the submission to arbitration of the Macedonian claims. [Concluded November 10, 1858; ratifications exchanged at Santiago de Chile October 15, 1859; proclaimed December 22, 1859.] 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 Capt. 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 the 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 Geronimo Urmeneta, Minister of State in the Department of the Interior and of Foreign Relations, in the name and in behalf of their respective Governments, to examine 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 name of the Government which each represents, to submit to the arbitration of His Majesty the King of Belgium, the pending question between them, respecting the legality or illegality of the above referred to capture of silver in coin and in bars, made on the ninth day of May, 1821, by order of Lord Cochrane, Vice-Admiral of the Chilean squadron, in the valley of Sitana, in the territory of the former Vice-Royalty of Peru, the proceeds of sales of merchandise imported into that country in the brig Macedonian, belonging to the merchant marine of the United States of America. Therefore the above-named Ministers agree to name His Majesty the King of Belgium as arbiter, to decide with full powers and proceedings ex æquo et bono, on the following points: First. Is, or is not, the claim which the Government of the United States of America makes upon that of Chile, on account of the capture of the silver mentioned in the preamble of this convention, just in whole or in part? Second. If it be just in whole or in part, what amount is the Government of Chile to allow and pay to the Government of the United States of America, as indemnity for the capture? Third. Is the Government of Chile, in addition to the capital, to allow interest thereon; and if so, at what rate and from what date is interest to be paid? The contracting parties further agree that his Majesty the King of Belgium shall decide the foregoing questions upon the correspondence which has passed between the representatives of the two Governments at Washington and at Santiago, and the documents and other proofs produced during the controversy on the subject of this capture, and upon a memorial or argument thereon to be presented by each. Each party to furnish the arbiter with a copy of the correspondence and documents above referred to, or so much thereof as it desires to present, as well as with its said memorial, within one year at furthest from the date at which they may respectively be notified of the acceptance of the arbiter. Each party to furnish the other with a list of the papers to be presented by it to the arbiter, three months in advance of such presentation. |