ARTICLE 4. Any amount which may be allowed by the arbitrators shall be paid in hard cash to the British chargé d'affaires in Bogotá, or, in his absence, to the person in charge of the British Legation, within twelve months from the date of the award. ARTICLE 5. The arbitrators shall perform the duties of their office in Bogotá, commencing as soon as the present agreement shall have been approved by the Congress of the Union. In arriving at their decisions, they shall hear, if desired, one counsel for each party, and shall duly . weigh the proofs which he may adduce. Done in Bogotá, the 14th of December 1872. Convention for the arbitration of the case of the "Montijo." AGREEMENT OF ARBITRATION. The undersigned, to wit, William L. Scruggs, minister resident of the United States of America, and Jacobo Sanchez, secretary of the interior and foreign relations of the United States of Colombia, being especially authorized by their respective governments to submit to the decision of the arbitrators the indemnity-claims made by the Government of the United States against that of Colombia for damages resulting from the seizure and detention of the steamer Montijo, within the territory and by certain citizens of Colombia, in April, 1871, have entered into the following agreement: 1. Said claims shall be submitted to arbitrators, one to be appointed by the minister resident of the United States of America, another by the Government of the United States of Colombia, and these two to name an umpire, who shall decide all questions upon which they may be unable to agree. In case the place of either arbitrator or of the umpire shall, from any cause, become vacant, such vacancy shall be filled forthwith in the manner herein provided for the original appointment. If the arbitrators cannot agree in the choice of an umpire, one shall be selected by new commissioners, chosen for and assigned exclusively to this duty. 2. The arbitrators and umpire so named shall meet in Bogota within one month from the date of their appointment, and shall, before proceeding to business, make and subscribe a solemn declaration that they will impartially consider and determine, to the best of their judgment, and according to public law and treaties in force between the two countries, and these present stipulations, the claims herein submitted, and such declaration shall be entered upon the record of their proceedings. 3. The official correspondence and documents relative to the case shall be submitted to the arbitrators; but, before their decision is rendered, the attorney-general, or lawyer, of the government of Colombia shall be heard, as well as the one designated by the minister-resident of the United States. The expositions of the attorneys will be orally or in writing. 4. The arbitrators shall have jurisdiction of the claims mentioned, and they shall decide, as a primary question, whether the United States of Colombia is obligated to grant indemnification, and if that question should be decided affirmatively, they will fix the amount of indemnification. The award shall be made in writing; and, if indemnity be given, the sum shall be expressed in the legal coin-pesos de ley-of the United States of Colombia, and paid to the minister resident of the United States, or to such person as he may name, within one year from the date of the decision. 5. The expenses of the arbitration, not to exceed fifteen hundred dollars, shall be borne in equal moieties by the two governments. 6. The two governments will accept the award made as final and conclusive, and will give full effect to the same; and the Colombian government shall be forever released from any and all further accountability after the decision of the arbitrators shall have been made and its terms faithfully complied with. In faith whereof the plenipotentiaries of the two governments have signed and sealed the present agreement, in Bogota, on the 17th day of August, in the year of our Lord one thousand eight hundred and seventyfour. WILLIAM L. SCRUGGS. PODER EJECUTIVO NACIONAL, Aprobado. J. SANCHEZ, el Secretario de lo Interior i Relaciones Esteriores. Protocol for the Arbitration of the Cerruti Claim. The Government of the Kingdom of Italy and the Government of the Republic of Colombia, desiring to put an end to the subjects of disagreement between them, growing out of the claims of Sig. Ernesto Cerruti against the Government of Colombia for losses and damages to his property in the State (now Department) of Cauca, in the said Republic, during the political troubles of 1885, and desiring furthermore to make a just disposition of the said claims; His Excellency Baron Blanc, Minister of Foreign Affairs, of H. M. The King of Italy, on the one part; and Don José Marcelino Hurtado, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia to His Majesty the King of Italy on the other part, acting with due authority from their respective governments, have signed this protocol, subject to the approval of the Congress of Colombia to which it shall be submitted during the present session. The Government of Italy and the Government of Colombia agree to submit to arbitration the matters and claims above referred to, for the purpose of arriving at a settlement thereof, as between the governments. To this effect, as soon as this protocol shall have obtained the approval of the Congress of Colombia, the governments of Italy and of Colombia will join in asking H. E. the President of the United States of America, to be pleased to accept the position of arbitrator in the case, and discharge the duties pertaining thereto, as a friendly act to both governments. As soon as the arbitrator by his acceptance of the office shall have qualified himself to enter upon his functions, he shall become vested with full power, authority and jurisdiction to do and perform, and to cause to be done and performed all things without any limitation whatsoever, which in his judgment may be necessary or conducive to the attainment, in a fair and equitable manner, of the end and purposes which this agreement is intended to secure. And he shall thereupon proceed to examine and decide according to the documents and evidence that may be submitted to him by each of the two governments or by the claimant as one of the two parties interested in the suit, and the principles of public Law, First, which, if any, among the said claims of Sig. E. Cerruti against the Government of Colombia be a proper claim or claims for international adjudication; and, Secondly, which, if any of the said claims of Sig. E. Cerruti against the Government of Colombia be a proper claim or claims for adjudication by the territorial Courts of Colombia. And respecting the claim or claims, if any, which in the judgment of the arbitrator shall have the character of, and belong to, the first class of claims above defined, the arbitrator shall proceed to determine and to declare the amount of indemnity, if any, which the claimant Sig. Cerruti be entitled to receive from the Government of Colombia through diplomatic action. And regarding the claim or claims of Sig. E. Cerruti, if any, which in the judgment of the arbitrator shall possess the character of, and belong to the second class of claims above defined, the arbitrator shall so declare them to be and shall take no further action in the matter of such claim or claims. The claims to which this protocol has reference shall be presented together with the documents and evidence in their support, to the arbitrator and submitted to him not sooner than six calendar months, nor later than seven calendar months, reckoned from and after the date of acceptance of the office of arbitrator by H. E. the President of the United States of America. Each of the two parties interested in the suit shall defray the expenses incurred on its individual authority or behalf; but all expenses entailed by the authority, or with the sanction, of the arbitrator for the purpose of conveniently discharging his functions or duties or for the common benefit of both parties interested in the suit, shall be borne equally between them. The two Governments solemnly bind themselves to abide by the decisions and awards of the arbitrator which shall be final and conclusive and not subject either to discussion or appeal. And they further agree not to reopen negotiations or diplomatic discussions on any point or points which the arbitrator may decide or dispose of, or which he may declare to have already been disposed of in conformity with public Law: Nor upon any claim or claims of Sig. E. Cerruti which the arbitrator may declare to have an internal and territorial character. In witness whereof, His Excellency Baron Blanc, Minister of Foreign Affairs of His Majesty the King of Italy and Don José Marcelino Hurtado, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia to His Majesty the King of Italy hereunto affix their signatures at Castellamare Stadia on this the Eighteenth day of August in the year One Thousand eight hundred and Ninety-four. The Undersigned declare and acknowledge the foregoing to be a correct and faithful English version of the original protocol as drawn and executed in the Italian language. Date ut supra. Convention concerning the adjustment of claims of citizens of the United States. [Concluded July 2, 1860; ratifications exchanged at Washington November 9, 1861; proclaimed November 11, 1861.] The United States of America and the Republic of Costa Rica, desiring to adjust the claims of citizens of said States against Costa Rica in such a manner as to cement the good understanding and friendly relations now happily subsisting between the two Republics, have resolved to settle such claims by means of a convention; and, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States, on Alexander Dimitry, Minister Resident of said United States in the Republic of Costa Rica, and his Excellency the Constitutional President of said Republic of Costa Rica, on Manuel José Carazo and Francisco Maria Yglesias; who, upon an exchange of their plenary powers, which were found in good and proper form, have agreed to the following articles: ARTICLE 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, 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, howerer, 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 5627-VOL. 5- -20 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. ARTICLE 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, they 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 Belgians, to the United States, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. ARTICLE 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 claims 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. ARTICLE 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 accruing 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 |