months after the date of the decision, without interest, and without any deduction, save as specified in Article VI. hereinafter. ARTICLE V. The high contracting parties agree to consider the result of the proceedings of this Commission as a full, perfect, and final settlement of every claim upon either Government arising out of any transaction of a date prior to the exchange of the ratifications of the present convention; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said Commissioners, shall, from and after the conclusion of the proceedings of the said Commission, be considered and treated as finally settled, barred, and therefore inadmissible. ARTICLE VI. The salaries of the Commissioners shall not exceed fortyfive hundred dollars in United States gold coin, each, yearly. Those of the secretaries and Arbitrator or Umpire shall be determined by the Commissioners; and in case the said Commission finish its labors in less than six months, the Commissioners, together with their assistants, will be entitled to six months' pay, and the whole expenses of the Commission shall be defrayed by a ratable deduction on the amount of the sums awarded by the Commissioners, provided always that such deduction shall not exceed the rate of five per cent. on the sums so awarded. The deficiency, if any, shall be defrayed by the two Governments in moieties. ARTICLE VII. The present convention shall be ratified by the President of the United States, by and with the consent of the Senate thereof, and by the President of Peru, with the approbation of the Congress of that Republic, and the ratifications will be exchanged in Lima, as soon as may be, within six months of the date hereof. ARTICLE VIII. The high contracting parties declare that this convention shall not be considered as a precedent obligatory on them, and that they remain in perfect liberty to proceed in the manner that may be deemed most convenient regarding the diplomatic claims that may arise in the future. In witness whereof the respective Plenipotentiaries have signed the same in the English and Spanish languages, and have affixed thereto the seals of their arms. Done in Lima the fourth day of December, in the year of our Lord one thousand eight hundred and sixty-eight. [SEAL.] [SKAL.] ALVIN P. HOVEY. PORTUGAL. Treaty providing for the payment of certain claims of American citizens. [Concluded February 26, 1851; ratifications exchanged at Lisbon June 23, 1851; proclaimed September 1, 1851.] The United States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves, equally animated with the desire to maintain the relations of harmony and amity which have always existed, and which it is desirable to preserve between the two powers, having agreed to terminate by a convention the pending questions between their respective Governments in relation to certain pecuniary claims of American citizens presented by the Government of the United States against the Government of Portugal, have appointed as their Plenipotentiaries for that purpose, to wit: The President of the United States of America, Daniel Webster, Secretary of State of said United States, and Her Most Faithful Majesty, J. C. de Figanière é Morão, of Her Council, Knight Commander of the Orders of Christ and of O. L. of Conception of Villa Viçoza, and Minister Resident of Portugal near the Government of the United States; Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles: ARTICLE I. Her Most Faithful Majesty the Queen of Portugal and of the Algarves, appreciating the difficulty of the two Governments agreeing upon the subject of said claims, from the difference of opinion entertained by them respectively, which difficulty might hazard the continuance of the good understanding now prevailing between them, and resolved to maintain the same unimpaired, has assented to pay to the Government of the United States a sum equivalent to the indemnities claimed for several American citizens, (with the exception of that mentioned in the fourth article,) and which sum the Government of the United States undertakes to receive in full satisfaction of said claims, except as aforesaid, and to distribute the same among the claimants. ARTICLE II. The high contracting parties, not being able to come to an agreement upon the question of public law involved in the case of the American privateer brig General Armstrong, destroyed by British vessels in the waters of the island of Fayal, in September 1814 Her Most Faithful Majesty has proposed, and the United States of America have consented, that the claim presented by the American Government, in behalf of the captain, officers, and crew of the said privateer, should be submitted to the arbitrament of a sovereign, potentate, or chief of some nation in amity with both the high contracting parties. ARTICLE III. So soon as the consent of the sovereign, potentate, or chief of some friendly nation, who shall be chosen by the two high contracting parties, shall have been obtained to act as arbiter in the aforesaid case of the privateer brig General Armstrong, copies of all correspondence which has passed in reference to said claim between the two Governments and their respective representatives shall be laid before the arbiter, to whose decision the two high contracting parties hereby bind themselves to submit. ARTICLE IV. The pecuniary indemnities which Her Most Faithful Majesty promises to pay, or cause to be paid, for all the claims presented previous to the 6th day of July 1850, in behalf of American citizens, by the Government of the United States, (with the exception of that of the General Armstrong) are fixed at ninety-one thousand seven hundred and twenty-seven dollars, in accordance with the correspondence between the two Governments. ARTICLE V. The payment of the sum stipulated in the preceding article shall be made in Lisbon, in ten equal instalments, in the course of five years, to the properly-authorized agent of the United States. The first instalment of nine thousand one hundred and seventy-two dollars seventy cents, with interest as hereinafter provided, (or its equivalent in Portuguese current money,) shall be paid, as aforesaid, on the 30th day of September of the current year of 1851, or earlier, at the option of the Portuguese Government; and at the end of every subsequent six months a like instalment shall be paid-the integral sum of ninety-one thousand seven hundred and twenty-seven dollars, or its equivalent, thus to be satisfied on or before the thirtieth day of September 1856. ARTICLE VI. It is hereby agreed that each and all of the said instalments are to bear, and to be paid with an interest of six per cent. per annum, from the date of the exchange of the ratifications of the present convention. ARTICLE VII. This convention shall be approved and ratified, and the ratifications shall be exchanged in the city of Lisbon within four months after the date thereof, or sooner if possible. In testimony whereof the respective Plenipotentiaries have signed the same, and affixed thereto the seals of their arms. Done in the city of Washington, D. C., the twenty-sixth day of February, of the year of our Lord one thousand eight hundred and fifty-one. [SEAL.] DAN'L WEBSTER. [SEAL.] J. C. DE FIGANIÈRE E MORÃO. Protocol for the settlement by arbitration of the title to the Island of Bulama. Protocol of a Conference held at the Foreign Office in Lisbon, on the 13th of January 1869, between Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary and the Minister for Foreign Affairs of His Most Faithful Majesty. Whereas the Government of Her Britannic Majesty asserts a claim to the Island of Bulama, on the western coast of Africa, and to a certain portion of territory opposite to that island on the mainland; and whereas the Government of His Most Faithful Majesty asserts a claim to the same island, and the same territory opposite to it on the mainland; and whereas both Parties, being animated by a friendly feeling, and neither of them having any wish to appropriate territory which may lawfully belong to the other, have consented to refer their respective claims to the arbitration of a third Power, in whom both repose confidence. For this purpose, they have agreed to apply to the President of the United States of America; and it now becomes necessary to place on record certain terms and arrangements with a view to obtaining the speedy and convenient hearing and determination of the claims in question; and the Undersigned, the Honourable Sir Charles A. Murray, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of Lisbon, and the Marquis de Sá da Bandeira, a Peer of the Realm, President of the Council of Ministers, Minister of War, and Minister ad interim for Foreign Affairs of His Most Faithful Majesty, being duly authorized by their respective Governments, have agreed as follows: I. The respective claims of Her Britannic Majesty's Government and of the Government of His Most Faithful Majesty, to the Island of Bulama, on the Western Coast of Africa, and to a certain portion of territory opposite to that island on the mainland, shall be submitted to the arbitration and award of the President of the United States of America, who shall decide thereupon finally and without appeal. II. The award of the President of the United States, whether it be wholly in favour of the claim of either Party, or in the nature of an equitable solution of the difficulty, shall be considered as absolutely final and conclusive; and full effect shall be given to such award, without any objection, evasion, or delay whatsoever. Such decision shall be given in writing, and dated; it shall be in whatever form the President may choose to adopt; it shall be delivered to the Ministers or other public Agents of Great Britain and of Portugal who may be actually at Washington, and shall be considered as operative from the day of the date of the delivery thereof. III. The written or printed case of each of the two Parties, accompanied by the evidence offered in support of the same, shall be laid before the President within six months from the date hereof, and a copy of such case and evidence shall be communicated by each Party to the other through their respective Ministers at Washington. After such communication shall have taken place, each Party shall have the power of drawing up, and laying before the President, a second and definitive statement, if it think fit so to do, in reply to the case of the other Party so communicated, which definitive statement shall be so laid before the Arbiter, and also be mutually communicated in the same manner as aforesaid by each Party to the other within six months from the date of laying the first statement of the case before the arbiter. IV. If in the case submitted to the Arbiter, either Party shall specify or allude 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 if the Arbiter should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either Party; and he shall be at liberty to hear one counsel or agent for each Party in relation to any matters which he shall think fit, and at such time and in such manner as he may think fit. V. The Ministers or other Public Agents of Great Britain, and of Portugal at Washington, respectively, shall be considered as the Agents of their respective Governments to conduct their case before the arbiter, who shall be requested to address all his communications and give all his notices to such Ministers or other Public Agents, whose acts shall bind their Governments to and before the Arbiter on this matter. VI. It shall be competent to the Arbiter to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person, or by a person or persons named by him for that purpose; either with closed doors, or in public sitting; either in the presence or absence of either or both Agents; and either vira voce, or by written discussion or otherwise. VII. The Arbiter shall, if he think fit, appoint a Secretary, Registrar, or Clerk, for the purposes of the proposed arbitration, at such rate or remuneration as he shall think proper. This, and all other expenses of and connected with the said arbitration shall be provided for as hereinafter stipulated. VIII. The Arbiter shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid in two equal portions, one by each of the two Parties. IX. The Arbiter shall be requested to give his award in writing as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the said Agents. Should the Arbiter be unable to decide wholly in favour of either of the respective claims, he shall be requested to give such a decision as will, in his opinion, furnish an equitable solution of the difficulty. Should he decline to give any decision, then everything done in the premises by virtue of this agreement shall be null and void; and it shall be competent for the British and Portuguese Governments to do and proceed in all respects as if the reference to arbitration had never been made. Done at Lisbon, this thirteenth day of January, eighteen hundred and sixty nine. [L. S.] [L. S.] C. A. MURRAY. Protocol for the Arbitration of the Delagoa Bay Railway Claim. [Signed June 13, 1891.'] Le President de la Confedération Suisse ayant fait connaître aux Gouvernements du Portugal, de la Grande Bretange et des Etats-Unis de l'Amérique du Nord que le Conseil Fédéral Suisse avait pris en considération la demande que ces Gouvernements lui ont faite de bien vouloir nommer trois jurisconsultes, choisis parmi les plus distingués, pour composer un tribunal arbitral chargé de fixer le montant de l'indemnité due par le Portugal aux ayant droit des deux autres pays à raison de la rescision de la concession du chemin de fer de Lourenço Marques et de la prise de possession de ce chemin de fer par le Gouvernment Portugais, les soussignés dument autorisés par leurs Gouvernements respectifs, sont convenus de ce que suit: ART. I. Le mandat que les trois Gouvernements sont convenus de confier au Tribunal Arbitral est de fixer, comme il jugerá le plus juste, le montant de la compensation due par le Gouvernement Portugais aux ayant droit des deux autres pays par suite de la rescision de la concession du chemin de fer de Lourenço Marques et de la prise de possession de ce chemin de fer par le Gouvernement Portugais et de trancher ainsi le différend existent entre les trois Gouvernements à cet égard. ART. II. Le tribunal arbitral fixera aux Gouvernements de la Grande Bretange et des Etats-Unis de l'Amérique du Nord le délai dans lequel ceux-ci devront lui remettre les mémoires, conclusions et documents. Ces pièces seront transmises, en deux doubles, au Gouvernement Portugais avec invitation de produire également en deux doubles, sa réponse, ses conclusions et les documents à l'appui dans le délai qui lui sera fixé. Le tribunal arbitral fixera lui-même, après avoir entendu les parties ou leur répresentants et d'accord avec elles, le mode de procédure, notamment les delais ci-dessus mentionnés et ceux à fixer pour la remise de la réplique et de la duplique, les règles à suivre pour l'audition des parties ou de leurs répresentants, la production de documents, la déliberation dans cou sein (?), le prononcé du jugement et la rédaction du protocol. |