Nous sommes d'avis que, outre le capital de 42,240 piastres ou dollars, le gouvernement du Chili doit payer à celui des Etats-Unis les intérêts de cette somme au taux de 6% par an, depuis le 19 mars 1841 jusqu'au 26 décembre 1848.

Fait et donné en double expédition sous Notre sceau Royal au Château de Laeken, le quinzième jour du mois de mai 1863 1.

XIII. Etats-Unis d'Amérique, Paraguay
4 février 1859

L'arbitrage portait, dans la présente affaire, sur des indemnités réclamées par une société de navigation américaine, établie au Paraguay, pour des dommages soufferts pendant un conflit entre les deux pays en cause. Voici comment cet arbitrage fut constitué.

Convention spéciale entre les Etats-Unis d'Amérique et la République de Paraguay relative aux réclamations élevées par la Compagnie de navigation des EtatsUnis et du Paraguay contre le gouvernement paraguyen, signée à Assomption le 4 février 1859.

His Excellency the President of the United States of America and his Excellency the President of the Republic of Paraguay, desiring to remove every cause that might interfere with the good understanding and harmony, for a time so unhappily interrupted, between the two nations, and now so happily restored, and which it is so much for their interest to maintain; and desiring for this purpose to come to a definite understanding, equally just and honorable to both nations, as to the mode of settling a pending question of the said claims of the "United States and Paraguay Navigation Company" a company composed of citizens of the United States against the government of Paraguay, have agreed to refer the same to a special and respectable commission, to be organized and regulated by the convention hereby established between the two high contracting parties; and for this purpose they have appointed and conferred full powers, respectively, to wit:

His Excellency the President of the United States of America upon James B. Bowlin, a special commissioner of the said United States of America, specifically charged and empowered for this purpose; and his Excellency the President of the Republic of Paraguay upon Señor Nicolas Vasquez, Secretary of State and Minister of Foreign Affairs of the said Republic of Paraguay; who, after exchanging their full powers, which were found in good and proper form, agreed upon the following articles :

1 Cette sentence, qui n'a été publiée jusqu'à ce jour dans aucun recueil, nous a été gracieusement communiquée par le Ministère des Affaires Etrangères de Belgique.

ART. I. The government of the Republic of Paraguay binds itself for the responsibility in favor of the "United States and Paraguay Navigation Company", which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows.

ART. II. The two high contracting parties, appreciating the difficulty of agreeing upon the amount of the reclamations to which the said company may be entitled, and being convinced that a commission is the only equitable and honorable method by which the two countries can arrive at a perfect understanding thereof, hereby covenant to adjust them accordingly by a loyal commission. To determine the amount of said reclamations, it is, therefore, agreed to constitute such a commis-ion, whose decision shall be binding, in the following manner:

The government of the United States of America shall appoint one commissioner, and the government of Paraguay shall appoint another; and the two, in case of disagreement, shall appoint a third, said appointment to devolve upon a person of loyalty and impartiality, with the condition that, in case of difference between the commissioners in the choice of an umpire, the diplomatic representatives of Russia and Prussia, accredited to the government of the United States. of America, at the city of Washington, may select such unpire.

The two commissioners named in the said inanner shall meet in the city of Washington, to investigate, adjust, and determine the amount of the claims of the above-mentioned company, upon sufficient proofs of the charges and defences. of the contending parties.

ART. III. The said commissioners, before entering upon their duties, shall take an oath. before some judge of the United States of America that they will fairly and impartially investigate the said claims, and a just decision thereupon render, to the best of their judgment and ability.

ART. IV. The said commissioners shall assemble, within one year after the ratification of the "treaty of friendship, commerce, and navigation" this day celebrated at the city of Assumption between the two high contracting parties, at the city of Washington in the United States of America, and shall continue in session for a period not exceeding three months, within which, if they come to an agreement, their decision shall be proclaimed; and in case of disagreement, they shall proceed to the appointment of an umpire as already agreed.

ART. V. The government of Paraguay hereby binds itself to pay to the government of the United States of America, in the city of Assumption, Paraguay, thirty days after presentation

to the government of the republic, the drast which that of the United States of America shall issue for the amount for which the two commissioners concurring, or by the umpire, shall declare it responsible to the said company.

ART. VI. Each of the high contracting parties shall compensate the commissioner it may appoint the sum of money he may stipulate for his services, either by instalments or at the expiration of his task. In case of the appointment of an umpire, the amount of his remuneration shall be equally borne by both contracting parties.

ART. VII. The present Convention shall be ratified within fifteen months, or earlier if possible, by the government of the United States of America and by the President of the Republic of Paraguay within twelve days from this date. The exchange of ratifications shall take place in the city of Washington,

In faith of which, and in virtue of our full powers, we have signed the present Convention in English and Spanish, and have thereunto set our respective seals.

Done at Assumption, this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine, being the eightythird year of the independence of the United States of America, and the forty-seventh of that of Paraguay 1.

La décision qui intervint n'a pas été publiée. Il se serait présenté cette circonstance curieuse que le commissaire américain aurait reconnu que son gouvernement n'était nullement fondé à réclamer n'importe quelle somme au Paraguay 2.

XIV. Costa Rica, Etats-Unis d'Amérique 2 juillet 1860

Cette affaire fort simple donna lieu à un arbitrage dont l'acte constitutif est suffisamment explicite par lui-même. La décision qui intervint n'a pas été publiée.

Convention relative à des réclamations présentées par des citoyens des Etats-Unis d'Amérique, signée à San José le 2 juillet 1860.

ART. I. It is agreed that all claims of citizens of the United States, upon the government of Costa Rica, arising from injuries to their persons,

1 CH. SAMWER. Nouveau recueil général des traités. Tome XVII, première partie, p. 255. Treaties and Conventions between the United States and other Powers, 1776 to 1887, p. 828.

2 W. B. LAWRENCE. Note pour servir à l'histoire des arbitrages internationaux. Rev. de droit int. et de lég. comp., 1874, p. 127.

or damages to their property, under any form. whatsoever, through the action of authorities of the Republic of Costa Rica, statements of which, soliciting the interposition of the government of the United States, have been presented to the Department of State at Washington, or to the diplomatic agents of said United States at San José, of Costa Rica, up to the date of the signature of this convention, shall, together with the documents in proof, on which they may be founded, be referred to a Board of commissioners, consisting of two members, who shall be appointed in the following manner: one by the government of the United States of America, and one by the government of the Republic of Costa Rica: Provided however, that no claim of any citizen of the United States, who may be proved to have been a belligerent during the occupation of Nicaragua by the troops of Costa Rica, or the exercise of authority, by the latter, within the territory of the former, shall be considered as one proper for the action of the Board of commissioners herein provided for.

In case of the death, absence or incapacity of either commissioner or in the event of either commissioner's omitting or ceasing to act, the government of the United States of America, or that of the Republic of Costa Rica, respectively, or the minister of the latter, in the United States, acting by its direction, shall forthwith proceed to fill the vacancy thus occasioned.

ART. II. The commissioners so named shall meet at the city of Washington, within ninety days from the exchange of the ratifications of this convention; and, before proceeding to business, thay shall, each of them, exhibit a solemn oath, made and subscribed before a competent authority, that they will carefully examine into, and impartially decide, according to the principles of justice and of equity, and to the stipulations of treaty, upon all the claims laid before them, under the provisions of this convention, by the government of the United States, and in accordance with such evidence as shall be submitted to them on the part of said United States and of the Republic of Costa Rica, respectively. And their oath, to such effect, shall be entered upon the record of their proceedings.

Said commissioners shall then proceed to name an arbitrator, or umpire, to decide upon any case or cases concerning which they may disagree, or upon any point or points of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the arbitrator or umpire shall be appointed by the minister of His Majesty the King of the Belgium, to the United States, whom the two high contracting parties shall invite to make

such appointments, and whose selection shall be conclusive on both parties.

ART. III. The arbitrator or umpire, being appointed, the commissioners shall, without delay, 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, as stated in the preceding article; and they 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 may be deemed important to the just determination of any claim of citizens of the United States, referred to the board, under the provisions of the first article.

In cases, whether touching injuries to the person, limb or life of any said citizens, or damages committed, as stipulated in the first article, against their property, in which the commissioners may agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the arbitrator, or umpire, before whom each of the commissioners may be heard, and his decision shall be final.

ART. IV. The commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards. agreed to between themselves, or of those made. by them, in pursuance of decisions of the arbitrator, or umpire, and the aggregate amount of said sums, decreed by the certificates of award made by the commissioners, in either manner above indicated, and of the sums also acerning from such certificates of award as the arbitrator, or umpire, may, under the authority hereinafter conferred by the seventh article, have made and issued, with the rate of interest stipulated in the present article, in favor of any claimant or claimants, shall be paid to the government of the United States, in the city of Washington, in equal semi-annual instalments. It is, however, hereby agreed, by the contracting parties, that the payment of the first instalment shall be made eight months from the termination of the labors of the commission; and, after such first payment, the second, and each succeeding one, shall be made semi-annually, counting from the date of the first payment; and the whole payment of such aggregate amount or amounts, shall be perfected within the term of ten years from the termination of said commission; and each of said sums shall bear interest (also payable semi-annually) at the rate of six per cent per annum, from the day on which the awards, respectively, will have been decreed,

To meet these payments, the government of the Republic of Costa Rica, hereby specially appropriates fifty per cent of the net proceeds of the revenues arrising from the customs of the said Republic; but if such appropriation should prove insufficient to make the payments as above stipulated, the government of said Republic binds itself to provide other means for that purpose.

ART. V. The commission herein provided shall terminate its labors in nine months from and including the day of its organization. They shall keep an accurate record of all their proceedings, and they may appoint a secretary, versed in the knowledge of the English and of the Spanish languages, to assist in the transaction. of their business. And, for the conduct of such business, they are hereby authorized to make all necessary and lawful rules.

ART. VI. The proceedings of such commission shall be final and conclusive with respect to all. the claims of citizens of the United States, which having accrued prior to the date of this convention, may be brought before it for adjustment; and the United States agree forever to release the government of the Republic of Costa Rica. from any further accountability for claims which shall be rejected, either by the board of commissioners, or by the arbitrator or umpire aforesaid; or for such as, being allowed by either the Board or the umpire, the government of Costa Rica shall have provided for and satisfied in the manner agreed upon in the fourth article.

ART. VII. In the event, however, that upon the termination of the labors of said commission stipulated for in the fifth article of this convention, any case or cases should be pending before the umpire, and awaiting his decision, it is hereby understood and agreed by the two contracting parties that, though the board of commissioners may, by such limitation have terminated their action, said umpire is hereby authorized and empowered to proceed to make his decision or award in such case or cases pending as aforesaid; and, upon his certificate thereof. in each case, transmitted to each of the two governments, mentioning the amount of indemnity, if such shall have been allowed by him, together with the rate of interest specified by the fourth article, such decision or award shall be taken and held to be binding and conclusive, and it shall work. the same effect as though it had been made by both the commissioners under their own agreement, or by them upon decision of the case or of the cases, respectively, prononced by the umpire of said board, during the period prescribed for its sessions: provided, however, that a decision on every case that may be pending at the termination of the labors of the board

shall be given by the umpire within sixty days from their final adjournment; and that, at the expiration of the said sixty days, the authority and power hereby granted to said umpire shall

cease.

ART. VIII. Each government shall pay its own commissioner; but the umpire, as well as the incidental expenses of the commission, including the defrayal of the services of a secretary, who may be appointed under the fifth article, shall be paid one half by the United States, and the other half by the Republic of Costa Rica.

ART. IX. The present convention shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States; and by the President of the Republic of Costa Rica, with the consent and approbation of the Supreme Legislative Power of said Republic; and the ratifications shall be exchanged in the city of Washington, within the space of eight months from the date of the signature hereof, or sooner if possible.

In faith whereof, and by virtue of our respective full powers, we, the undersigned, have signed the present convention, in duplicate, and have hereunto affixed our seals.

Done at the city of San José, on the second day of July, in the year one thousand eight hundred and sixty, and in the eighty-fourth year of the independance of the United States of America, and of the independance of Costa Rica the thirty-ninth '.

XV. Equateur, Etats-Unis d'Amérique
25 novembre 1862

L'arbitrage ici relevé ne réclame aucune explication spéciale; les décisions prononcées n'ont point été publiées.

Convention relative à des réclamations présentées par des citoyens des deux pays à charge de leurs gouvernements respectifs, signée à Quito, le 25 novembre 1862.

The United States of America and the Republic of Ecuador, desiring to adjust the claims of citizens of said States against Ecuador, and of citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respectively to wit:

The President of the United States on Frederick Hassaurek, Minister Resident of the United States in Ecuador, and the President of Ecuador

1 Treaties and Conventions between the United States and other Powers, 1776 to 1887, p. 227.

on Juan José Flores, General-in-chief of the armies of the Republic;

Who, after exchanging their full powers, which were found in good and proper form, have agreed on the following articles:

ART. I. All claims on the part of corporations, companies or individuals, citizens of the United States, upon the Government of Ecuador, or of corporations, companies or individuals, citizens of Ecuador, upon the Government of the United States, shall be referred to a Board of Commissioners consisting of two members, one of whom shall be appointed by the Government of the United States and one by the Government of Ecuador. In case of death, absence, resignation or incapacity of either Commissioner, or in the event of either Commissioner omitting or ceasing to act, the Government of the United States or that of Ecuador, respectively, or the Minister of the United States in Ecuador, in the name of his Government, shall forthwith proceed to fill the vacancy thus occasioned.

The Commissioners so named shall meet in the city of Guayaquil within ninety days from the exchange of the ratifications of this convention, and before proceeding to business shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings.

The Commissioners shall then proceed to name an Arbitrator or Umpire, to decide upon any case or cases concerning which they may disagree, or upon any point of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the Umpire shall be appointed by her Britannic Majesty's Chargé d'Affaires, or [excepting the Minister Resident of the United States] by any other diplomatic agent in Quito whom the two high contracting parties shall invite to make such appointment.

ART. II. The Arbitrator or Umpire being appointed, the Commissioners shall, without delay, proceed to examine the claims which may be presented to them by either of the two Governments; and they shall hear, if required, one person in behalf of each Government on every separate claim. Each Government shall furnish, upon request of either Commissioner, such papers in its possession as may be deemed important to the just determination of any claim or claims.

In cases where they agree to award an indemnity, they shall determine the amount to be paid. In cases in which said Commissioners cannot agree, the points of difference shall be referred

to the Umpire, before whom each of the Commissioners may be heard, and whose decision shall be final.

ART. III. The Commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards agreed to between themselves or of those made by the Umpire, and the aggregate amount of all sums decreed by the Commissioners, and of all sums accruing from awards made by the Umpire under the authority conferred by the fifth article, shall be paid to the Government to which the respective claimants belong. Payment of said sums shall be made in equal annual instalments, to be completed within nine years from the date of the termination of the labours of the Commission, the first payment to be made six months after the same date. To meet these payments both Governments pledge the revenues of their respective nations.

ART. IV. The Commission shall terminate its labours in twelve months from the date of its organization. They shall keep a record of their proceedings, and may appoint a Secretary versed in the knowledge of the English and Spanish languages.

ART. V. The proceedings of this Commission shall be final and conclusive with respect to all pending claims. Claims which shall not be presented to the Commission, within the twelve months it remains in existence, will be disregarded by both Governments, and considered invalid. In the event that, upon the termination of the labours of said Commission, any case or cases should be pending before the Umpire, and awaiting his decision, said Umpire is hereby authorized to make his decision or award in such case or cases, and his certificate thereof in each case, transmitted to each of the two Governments, shall be held to be binding and conclusive; Provided, however, that his decision shall be given within thirty days from the termination of the labours of the Commission, at the expiration of which thirty days his power and authority shall cease.

ART. 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 Ecuador.

ART. VII. The present convention shall be ratified and the ratifications exchanged in the city of Quito.

In faith whereof, we, the respective Plenipotentiaries, have signed this convention and hereunto affixed our seals, in the city of Guayaquil, this twenty-fifth day of November, in the

year of our Lord one thousand eight hundred and sixty two 1.

XVI. Etats-Unis d'Amérique, Pérou.

20 décembre 1862.

Aucune sentence n'est intervenue dans cette affaire. Le Roi des Belges, Léopold Ier, désigné comme arbitre, déclina, en janvier 1864, la mission dont il avait été honoré : cette décision fut motivée parce que la question de fait et celle d'équité se compliquaient d'une question de droit, fort épineuse à décider de loin et sans une connaissance parfaite des législations locales.

Convention providing for the submission to arbitration of the claims of the owners of the Lizzie Thompson and Georgiana against Peru, concluded at Lima, December 20, 1862.

Whereas differences having arisen between the United States of America and the Republic of Peru, originating in the capture and confiscation by the latter of two ships belonging to citizens of the United States, called the Lissie Thompson and Georgiana; and the two Governments not being able to come to an agreement upon the questions involved in the said capture and confiscation, and being equally animated with the desire to maintain the relations of harmony which have always existed, and which it is desirable to preserve and strengthen between the two Governments, have agreed to refer all the questions, both of law and fact, involved in the capture and confiscatior of said ships by the Government of Peru, to the decision of some friendly Power; and it being now expedient to proceed to and regulate the reference as above described, the United States of America and the Republic of Peru have for that purpose named their respective Plenipotentiaries, that is to say:

The President of the United States has appointed Christopher Robinson, their Envoy Extraordinary and Minister Plenipotentiary to Peru, and the President of Peru Dr José Gregorio Paz Soldan, Minister of State in the office of Foreign Relations and President of the Council of Ministers,

Who, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles:

ART. I. The two contracting parties agree in naming as arbiter, umpire, and friendly arbitrator, His Majesty the King of Belgium, conferring upon

Treaties and Conventions between the United States and other Powers, 1776 to 1887, p. 265.