Page:United States Statutes at Large Volume 18 Part 2c.djvu/571

 564 PUBLIC TREATIES. NEW GRANADA, 1857. · NITED STATES OF AMERICA AND "’a2t‘“R‘é?»tEE}‘€{§’§N't*€$‘Z%§§Ai§l’?CENCLMD AT WASHINGTON SEP. TEMBER 10, 1857; RATIFICATION ADVISED BY SENATE, WIl`H_AMEND- MENTS, MARCH 8, mso; RATIFIED BY PRESIDENT MARCH 12, 18.:9; TIME` FOR EXCHANGE Ol:` RATIFICATIONS EXTENDED BY SENATE MAY 8, 1860; RATIFICATIONS EXCHANGED AT WASHINGTON NOVEMBER 5, 1860; PRO- CLAIMED NOVEMBER B, 1860. Contracting par- The United States of America and the Republic of New Granada, ties- desiring to adjust the claims of citizens of said States against New Granada, and to cement the good understanding which happily subsists between the two Republics, have, for that purpose, appointed and conierred full powers, respectively, to wit: _ Negotiators. The President of the United States upon Lewis Cass, Secretary of State of the United States, and the President of New Granada upon General Pedro A. Herran, Envoy Extraordinary and Minister Plenipotentiary of that Republic in the United States; Who, after exchanging their full powers, which were found in good and proper form, have agreed to the following articles: Anrrorn I. Cl¤i¤¤¤ *¤ be ¥¤· All claims on the part of corporations, companies, or individuals, citi- ’f;;°‘;s"’ °°“‘“““' zens of the United States, upon the Government of New Granada, ° 8which shall have been presented prior to the 1st day of September, 1859, either to the Department of State at Washington, or to the Minister of the United States at Bogota, and especially those for damages which were caused by the riot at Panama on the 15th April, 1856, for which the said Government of New Granada acknowledges its liability, arising out of its privilege and obligation to preserve peace and good order along the transit route, 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 New Granada. In case of the death, absence, 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 New Granada, respectively, or the Minister of the latter in the United States, acting by itsl direction, shall forthwith proceed to till the vacancy thus occa-· sione. M96W1B °f °°¤· The commissioners so named shall meet in the city of Washington "““'“°“°"“· within ninety days from the exchange of the ratilications of this convention, and, before proceeding to business, shall make and subscribe n solemn oath that they will carefully examineand impartially decide, according to justice and equity, upon all the claims laid before them, under the provisions of this convention, by the Government of the United States. And such oath shall he entered on the record of their proceedings. Arbitrator. The commissioners shall then proceed to name an arbitrator or umpire, to decide upon any case or cases on which they may differ in opinion. And if they cannot agree in the selection, the umpire shall be appointed by the Minister of Prussia 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. Aarronn II. _Duty ofcommis- The arbitrator being appointed, the commissioners shall 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, together with the evidence submitted in support of them, and shall hear, if required, one person in behalf of each Government on