Envoy Extraordinary and Minister Plenipotentiary of said United States of Mexico, who, having exchanged their respective powers, which were found sufficient and in due form, have agreed upon the following articles: ARTICLE I. The high contracting parties agree that the said commission be revived and that the time fixed by the convention of April nineteenth 1871 for the duration of the commission aforesaid, shall be extended for a term not exceeding two years from the day on which the functions of the said commission would terminate according to that convention, or for a shorter time if it should be deemed sufficient by the commissioners or the umpire, in case of their disagreement. It is agreed that nothing contained in this article shall in any wise alter or extend the time originally fixed in the said convention for the presentation of claims to the commission. ARTICLE II. The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof, the above-named Plenipotentiaries have signed the same and affixed their respective seals. Done in the city of Washington the twenty-seventh day of November, in the year one thousand eight hundred and seventy-two. [SEAL.] [SEAL.] HAMILTON FISH. Convention for the further extension of duration of the joint commission for the settlement of claims. [Concluded November 20, 1874; ratifications exchanged at Washington January 28, 1875; proclaimed January 29, 1875.] Whereas pursuant to the convention between the United States and the Mexican Republic of the 19th day of April 1871, the functions of the joint commission under the convention between the same parties of the 4th of July 1868 were extended for a term not exceeding one year from the day on which they were to terminate according to the convention last named: And whereas pursuant to the first article of the convention between the same parties, of the twenty-seventh day of November one thousand eight hundred and seventy-two the joint commission above referred to was revived and again extended for a term not exceeding two years from the day on which the functions of the said commission would terminate pursuant to the said convention of the nineteenth day of April 1871; but whereas the said extensions have not proved sufficient for the disposal of the business before the said commission, the said parties being equally animated by a desire that all that business should be closed as originally contemplated, the President of the United States has for this purpose conferred full powers on Hamilton Fish, Secretary of State, and the President of the Mexican Republic has conferred like powers on Don Ignacio Mariscal, Envoy Extraordinary and Minister Plenipotentiary of that republic to the United States. And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon the following articles. ARTICLE I. The high contracting parties agree that the said commission shall again be extended, and that the time now fixed for its duration shall be prolonged for one year from the time when it would have expired pur suant to the convention of the twenty-seventh of November 1872: that is to say until the thirty-first day of January in the year one thousand eight hundred and seventy-six. It is, however, agreed that nothing contained in this article shall in any wise alter or extend the time originally fixed by the convention of the 4th of July 1868 aforesaid, for the presentation of claims to the commission. ARTICLE II. It is further agreed that, if at the expiration of the time when, pursuant to the first article of this convention, the functions of the commissioners will terminate, the umpire under the convention should not have decided all the cases which may then have been referred to him, he shall be allowed a further period of not more than six months for that purpose. ARTICLE III. All cases which have been decided by the commissioners or by the umpire heretofore, or which shall be decided prior to the exchange of the ratifications of this convention, shall, from the date of such exchange be regarded as definitively disposed of, and shall be considered and treated as finally settled, barred, and thenceforth inadmissible. And, pursuant to the stipulation contained in the fourth article of the convention of the fourth day of July one thousand eight hundred and sixty-eight, the total amount awarded in cases already decided and which may be decided before the exchange of ratifications of this convention and in all cases which shall be decided within the times in this convention respectively named, for that purpose, either by the commissioners or by the umpire, in favor of citizens of the one party shall be deducted from the total amount awarded to the citizens of the other party, and the balance, to the amount of three hundred thousand dollars shall be paid at the city of Mexico, or at the city of Washington, in gold or its equivalent, within twelve months from the 31st day of January one thousand eight hundred and seventy-six to the government in favor of whose citizens the greater amount may have been awarded, without interest or any other deduction than that specified in Article VI. of that convention. The residue of the said balance shall be paid in annual installments to an amount not exceeding three hundred thousand dollars in gold or its equivalent, in any one year until the whole shall have been paid. ARTICLE IV. The present convention shall be ratified and the ratifications shall be exchanged at Washington, as soon as possible. In witness whereof the above named Plenipotentiaries have signed the same and affixed thereto their respective seals. Done in Washington the twentieth day of November, in the year one thousand eight hundred and seventy-four. [SEAL.] [SEAL.] HAMILTON FISH. Convention extending functions of the umpire of the joint commission for the settlement of claims until November 20, 1876. [Concluded April 29, 1876; ratifications exchanged at Washington June 29, 1876; proclaimed June 29, 1876.] Whereas pursuant to the Convention between the United States and the Mexican Republic of the 19th day of April 1871 the functions of the joint commission under the Convention between the same parties of the 4th of July 1868 were extended for a term not exceeding one year from the day on which they were to terminate according to the convention last named; And whereas pursuant to the first Article of the convention between the same parties, of the twenty-seventh day of November one thousand eight hundred and seventy-two, the joint Commission above referred to was revived and again extended for a term not exceeding two years from the day on which the functions of the said commission would terminate pursuant to the said Convention of the nineteenth day of April 1871; And whereas pursuant to the Convention between the same parties, of the twentieth day of November one thousand eight hundred and seventyfour, the said commission was again extended for one year from the time when it would have expired pursuant to the Convention of the twentyseventh of November, one thousand eight hundred and seventy-two, that is to say, until the thirty-first day of January one thousand eight hundred and seventy-six; and it was provided that if at the expiration of that time, the Umpire under the Convention should not have decided all the cases which may then have been referred to him, he should be allowed a further period of not more than six months for that purpose; And whereas, it is found to be impracticable for the Umpire appointed pursuant to the Convention adverted to, to decide all the cases referred to him, within the said period of six months prescribed by the Convention of the twentieth of November one thousand eight hundred and seventy-four; And the parties being still animated by a desire that all that business should be closed as originally contemplated, the President of the United States has for this purpose conferred full powers on Hamilton Fish, Secretary of State, and the President of the Mexican Republic has conferred like powers on Don Ignacio Mariscal, Envoy Extraordinary and Minister Plenipotentiary of that Republic to the United States; and the said Plenipotentiaries having exchanged their full powers, which were found to be in due form, have agreed upon the following articles: ARTICLE I. The high contracting parties agree that if the Umpire appointed under the Convention above referred to, shall not, on or before the expiration of the six months allowed for the purpose by the second article of the Convention of the twentieth of November one thousand eight hundred and seventy-four, have decided all the cases referred to him, he shall then be allowed a further period until the twentieth day of November one thousand eight hundred and seventy-six, for that purpose. ARTICLE II. It is further agreed that so soon after the twentieth day of November one thousand eight hundred and seventy-six, as may be practicable, the total amount awarded in all cases already decided, whether by the Commissioners or by the Umpire, and which may be decided before the said twentieth day of November, in favor of citizens of the one party shall be deducted from the total amount awarded to the citizens of the other party, and the balance, to the amount of three hundred thousand dollars, shall be paid at the city of Mexico, or at the city of Washington, in gold or its equivalent, on or before the thirty-first day of January one thousand eight hundred and seventy-seven, to the government in favor of whose citizens the greater amount may have been awarded, without interest or any other deduction than that specified in Article VI. of the said Convention of July 1868. The residue of the said balance shall be paid in annual installments on the thirty-first day of January in each year, to an amount not exceeding three hundred thousand dollars, in gold or its equivalent, in any one year, until the whole shall have been paid. ARTICLE III. The present Convention shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. In witness whereof the above-named Plenipotentiaries have signed the same and affixed thereto their respective seals. Done in Washington, the twenty-ninth day of April, in the year one thousand eight hundred and seventy-six. [SEAL.] [SEAL.] HAMILTON FISH. IGNO. MARISCAL. PARAGUAY. Convention for the settlement of claims of the "United States and Paraguay Navigation Company." [Concluded February 4, 1859; ratifications exchanged at Washington, March 7, 1860; proclaimed March 12, 1860.] 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 Nicholas 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: ARTICLE 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: ARTICLE 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 5627-VOL. 5-25 reclamations, it is, therefore, agreed to constitute such a commission, 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 these 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 Umpire. The two Commissioners named in the said manner 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. ARTICLE 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. ARTICLE 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. ARTICLE 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 draft 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. ARTICLE 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 installments 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. ARTICLE 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 eighty-third year of the Independence of the United States of America, and the fortyseventh of that of Paraguay. [SEAL.] [SEAL.] JAMES B. BOWLIN. |