Page:United States Statutes at Large Volume 18 Part 2c.djvu/121

 1 14 PUBLIC TREATIES. our powers, the aforesaid additional and explanatory convention, and have caused to be atiixed our hands and seals, respectively. _ Date. Done in the city of Santiago this ilrst day_of September, 1833, and in the 58th year of the Indepqnginpe of the United States of America, and 2 lthe Republic 0 ii. thin.;'} Ot p J N0. HAMM. [L. s.] ANDBES BELLO. C H I L I, 1 8 5 8. E ARBITBATION OF THE MACEDONIAN °%’}}IJ1‘l“.§}%%%€?»%%";i *L‘i‘§i}'iG5 ummm it, me RATIFICATION ADVISED BY SENATE MARCH 8 1855; RATIFIED BY PRESIDENT AUGUST 4, 1859; RATIFICATIONS EXCHANGED AT SANTIAG0 OCTOBER 15, 1859; PBOCLAJMED DECEMBER 22, 1859. Convention between the United  of America and the Republic of o z. Preamble. · The Government of the United States of America and the Govern- . ment of the Republic of Chili, 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 irom 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 Chilian N, squadron, have agreed, the former to name John Bigler, Envoy Extraor- °g°°'°t°"‘ dinary 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 honorableto both Governments. Submissi o ¤_ o I The aforesaid Plenipoten tiaries, after having exchanged their full pow- ¤}¤¤¤¤¤ fi<>K¤¤b¤**‘¤;, ers, and found them in due and good form, sincerely desiring to preserve Qgffghfm mg ° 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 Chilian squadron, in the valley of Srtana, in the territory of the former Vice·R.oyalty 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 memca. Therefore the above-named Ministers agree to name His Majesty the King ot Belgium as arbiter, to decide with full powers and proceedings ex aaquo et bono, on the following points: Pointsforarbiter First. Is, or is not, the claim which the Government of the United of the silyer mentioned in the preamble of this convention, just in whole or in pa Second. If_ it be just in whole or in prt, what amount is the Government of Chili  allow and pay to the Government of the United States of America, as indemnity for the capture ‘l _ Third. Is the Government of Chili, in addition to the capital, to allow égtgfesb thereon; aud, if so, at what rate and from what date is lIlt01‘0¤U e pan
 * ° d°°‘d°· States of America makes upon that of Chili, on account of the capture