ARTICLE VI. The proceedings of this 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. ARTICLE 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 such 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, pronounced 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. ARTICLE 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. ARTICLE 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 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 independence of the United States of America, and of the independence of Costa Rica the thirty-ninth. [SEAL.] [SEAL.] [SEAL.] ALEX'R DIMITRY. The commission provided for under the foregoing convention met at Washington February 8, 1862, adjourned November 6, 1862, and awarded $25,704.14 against Costa Rica. 1899. COPYRIGHT PROCLAMATION. Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled "An act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights," that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement;" And whereas it is also provided by said section that "the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require;" And whereas satisfactory official assurances have been given that in the Republic of Costa Rica the law permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to the citizens of that Republic: Now, therefore, I, William McKinley, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of Costa Rica. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this nineteenth day of October, one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twenty-fourth. By the President: JOHN HAY, Secretary of State. WILLIAM MCKINLEY. 1900. PROTOCOL FOR THE CONSTRUCTION OF AN INTEROCEANIC CANAL. Concluded December 1, 1900. It is agreed between the two Governments that when the President of the United States is authorized by law to acquire control of such portion of the territory now belonging to Costa Rica as may be desirable and necessary on which to construct and protect a canal of depth and capacity sufficient for the passage of vessels of the greatest tonnage and draft now in use, from a point near San Juan del Norte on the Caribbean Sea, via Lake Nicaragua to Brito on the Pacific Ocean, they mutually engage to enter into negotiations with each other to settle the plan and the agreements, in detail, found necessary to accomplish the construction and to provide for the ownership and control of the proposed canal. As preliminary to such future negotiations it is forthwith agreed that the course of said canal and the terminals thereof shall be the same that were stated in a treaty signed by the Plenipotentiaries of the United States and Great Britain on February 5, 1900, and now pending in the Senate of the United States for confirmation, and that the provisions of the same shall be adhered to by the United States and Costa Rica. In witness whereof, the undersigned have signed this protocol and have hereunto affixed their seals. Done in duplicate at Washington this first day of December, 1900. [SEAL.] JOHN HAY J. B. CALVO. [SEAL.] 1909 ARBITRATION CONVENTION Signed at Washington, January 13, 1909; ratification advised by the Senate, January 20, 1909; ratified by the President, March 1, 1909; ratifications exchanged at Washington, July 20, 1909; proclaimed, July 21, 1909. I. Differences to be submitted II. Special agreement ARTICLES III. Duration The Government of the United States of America, signatory of The Hague Convention for the Pacific Settlement of International Disputes, concluded at The Hague on July 29, 1899, and the Government of the Republic of Costa Rica, being desirous of referring to arbitration all questions which they shall consider possible to submit to such treatment; Taking into consideration that by Article XXVI of the said Convention the jurisdiction of the Permanent Court of Arbitration established at The Hague by that Convention may, within the conditions laid down in the regulations, be extended to disputes between signatory powers and nonsignatory powers, if the Parties are agreed on recourse to that Tribunal; Have authorized the undersigned to conclude the following Convention: ARTICLE I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be refered to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, for the pacific settlement of international disputes, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third. Parties. ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Costa Rica shall be subject to the procedure required by the Constitution and laws thereof. ARTICLE III. The present Convention is concluded for a period of five years, and shall remain in force thereafter until one year's notice of termination shall be given by either party. ARTICLE IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Costa Rica in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and Spanish languages at Washington, this 13th day of January, in the year one thousand nine hundred and nine. ELIHU ROOT [SEAL] CUBA. COMMERCIAL CONVENTION."_b Concluded December 11, 1902; ratification advised by Senate March 19, 1903; ratified by President March 30, 1903; ratifications exchanged March 31, 1903; proclaimed December 17, 1903. I. Articles on free list. ARTICLES. II. Articles of Cuba admitted at re- III. Articles of United States admitted V. Regulations to protect revenue. VI. Tobacco. VII. Similar articles. VIII. Rates of duty to continue preferential. IX. National or local taxes. X. Changes of tariff; revision of treaty. XI. Ratification; duration. The President of the United States of America and the President of the Republic of Cuba, animated by the desire to strengthen the bonds of friendship between the two countries, and to facilitate their commercial intercourse by improving the conditions of trade between them, have resolved to enter into a convention for that purpose, and have appointed their respective Plenipotentiaries, to-wit: The President of the United States of America, the Honorable General Tasker H. Bliss; The President of the Republic of Cuba, the Honorable Carlos de Zaldo y Beurmann, Secretary of State and Justice, and the Honorable José M. Garcia y Montes, Secretary of the Treasury; who, after an exchange of their full powers found to be in good and due form, have, in consideration of and in compensation for the respective concessions and engagements made by each to the other as hereinafter recited, agreed and do hereby agree upon the following Articles for the regulation and government of their reciprocal trade, namely: ARTICLE I. During the term of this convention, all articles of merchandise being the product of the soil or industry of the United States which are now imported into the Republic of Cuba free of duty, and all articles of merchandise being the product of the soil or industry of the Republic of Cuba which are now imported into the United States free of duty, shall continue to be so admitted by the respective countries free of duty. By act approved December 17, 1903, Congress gave its approval to this convention. U. S. v. American Sugar Refining Company (202 U. S., 563); Sugar Refining Co. r. U. S. (144 Fed. Rep., 563); M. J. Dalton Co. v. United States (151 Fed. Rep., 143); Faber v. United States (157 Fed. Rep., 140). 24449-VOL 1-10-23 353 |