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May 31, 1902.
Treaty between the United States and Great Britain concerning the
establishment of import duties in Zanzibar. Signed at Washington May 31, 1902; ratification with amendment advised by the Senate June 30, 1902; ratified by the President July 22, 1902; ratified by Great Britain August 27, 1902; ratifications exchanged at Washington October 17, 1902; proclaimed October 17, 1902.
THEODORE ROOSEVELT, PRESIDENT OF THE UNITED STATES OF
Know Ye, that whereas a Convention between the United States of Preamble. ,
. of May, one thousand, nine hundred and two, the original of which Convention is, as amended by the Senate of the United States, word for word as follows:
The United States of America and His Majesty the King of the Contracting powers. United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar, have, for the purposes hereinafter stated, appointed their respective Plenipotentiaries, namely:
The President of the United States of America, the Honorable John Plenipotentiaries. Hay, Secretary of State of the United States of America; and
His Britannic Majesty, Arthur Stewart Raikes, Esquire, His Britannic Majesty's Chargé d'Affaires,
Who, after having communicated each to the other their respective full powers in good and due form, have agreed upon the following Articles:
ARTICLE I. Recognizing that it is just and necessary to facilitate to that portion United States waires of the dominions of His Highness the Sultan of Zanzibar which is of duties in Zanziba". under the protection of Great Britain, and which is situated in the basin of the Congo, as defined by the General Act of the African Conference at Berlin of February 26th, 1885, the accomplishment of the obligations which it has contracted by virtue of the General Act of Brussels of July 2nd, 1890, the United States waives any objection on Vol.27, p. 886. its part to the collection of import duties upon merchandise imported into that Protectorate.
The tariff of these duties, as provided in the Declaration of Brussels Rates of duties durbearing the same date as the said General Act of Brussels, for the ing fifteen years period of fifteen years next ensuing from that date, is not to exceed ten per centum of the value of the merchandise at the port of importation, except for spirits and for firearms and ammunition, which are regulated by the General Act of Brussels.
At the expiration of the said period of fifteen years, and in default Rate at expiration of a new agreement, the United States will, with respect to this subject, be restored to the relations with the said Protectorate which
thereafter import duties to a maximum of ten per centum upon merchandise imported into the said Protectorate remaining acquired to the latter so long only as it shall continue to comply with the conditions and limitations stated in this Convention.
Rights as to import duties.
ARTICLE II. The United States shall enjoy in the said Protectorate as to import duties all the advantages accorded to the most favored nation.
Neither differential treatment nor transit duty shall be established in said Protectorate.
In the application of the tariff régime of the said Protectorate, the formalities and operations of commerce shall be simplified and facilitated so far as possible.
ARTICLE III. Considering the fact that in Article I of this Convention the United most favored nation. States has given its assent under certain conditions to the establishment
of import duties in that portion of the Dominions of His Highness the Sultan of Zanzibar which is under the protection of Great Britain, it is well understood that the said Protectorate assures to the flag, to the vessels, to the commerce, and to the citizens and inhabitants of the United States, in all parts of the territory of that Protectorate, all the rights, privileges and immunities concerning import and export duties, tariff régime, interior taxes and charges and, in a general manner, all commercial interests, which are or shall be accorded to the signatory
Powers of the Act of Berlin, or to the most favored nation. Exchange of ratifi
This Convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as may be and within twelve months from the date hereof.
Done in duplicate at Washington this thirty-first day of May, in the year of our Lord one thousand nine hundred and two.
(SEAL.] ARTHUR S RAIKES (SEAL.]
And whereas the Convention has been duly ratified, as amended, on both parts, and the ratifications of the two Governments were exchanged in the city of Washington on the 17th. day of October, one thousand, nine hundred and two:
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention, as amended, to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness 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 seventeenth day of October in
the year of Our Lord, one thousand nine hundred and two (SEAL] and of the Independence of the United States, the one hundred and twenty-seventh.
Secretary of State.
Convention between the United States and Great Britain providing for January 24, 1903.
the settlement of questions between the two countries with respect to the boundary line between the territory of Alaska and the British possessions in North America. Signed at Washington January 243 1903; ratification advised by the Senate. February 11, 1903; ratified by the President February 24, 1903; ratified by Great Britain February 16, 1903; ratifications erchanged at Washington March 3, 1903; proclaimed March 3, 1903.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas a Convention between the United States of America and Great Britain providing for the settlement of questions between the two countries with respect to the boundary line between the territory of Alaska and the British possessions in North America, was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty-fourth day of January, one thousand nine hundred and three, the original of which Convention is word for word as follows:
The United States of America and His Majesty Edward the Seventh, Contracting parties, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, equally desirous for the friendly and final adjustment of the differences which exist between them in respect to the true meaning and application of certain clauses of the convention between Great Britain and Russia, signed under date of February 28/16, A. D. 1825, which clauses relate to the delimitation of the boundary line between the territory of Alaska, now a possession of the United States, and the British possessions in North America, have resolved to provide for the submission of the questions as hereinafter stated to a tribunal, and to that end have appointed their respective plenipotentiaries as follows:
The President of the United States of America, John Hay, Secre- Plenipotentiaries. tary of State of the United States; and
His Britannic Majesty, The Right Honorable Sir Michael H. Herbert, K. C. M. G., C. B:, His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary;
Who, after an exchange of their full powers which were found to be in good and due form, have agreed upon the following articles:
A tribunal shall be immediately appointed to consider and decide Tabaskan Boundary the questions set forth in Article IV of this convention. The tribunal Members of. shall consist of six impartial jurists of repute who shall consider judicially the questions submitted to them, each of whom shall first subscribe an oath that he will impartially consider the arguments and evidence presented to the tribunal and will decide thereupon according
Secretary, bailiff, etc.
appointed by the President of the United States, and three by His Britannic Majesty. All questions considered by the tribunal, including the final award, shall be decided by a majority of all the members thereof.
In case of the refusal to act, or of the death, incapacity or abstention from service of any of the persons so appointed, another impartial jurist of repute shall be forthwith appointed in his place by the same authority which appointed his predecessor.
The tribunal may appoint a secretary and a bailiff to perform such duties as they may prescribe, and may employ scientific experts if found to be necessary, and may fix a reasonable compensation for such officers. The tribunal shall keep an accurate record of all its proceedings.
Each of the High Contracting Parties shall make compensation for the services of the members of the tribunal of its own appointment and of any agent, counsel, or other person employed in its behalf, and shall pay all costs incurred in the preparation of its case. All expenses reasonably incurred by the tribunal in the performance of its duties shall be paid by the respective governments in equal moieties.
The tribunal may, subject to the provisions of this convention, establish all proper rules for the regulation of its proceedings.
Each of the High Contracting Parties shall also name one person to
attend the tribunal as its agent. Written or printed The written or printed case of each of the two parties, accompanied case to be submitted by the documents, the official correspondence and all other evidence
in writing or print on which each party relies, shall be delivered in duplicate to each member of the tribunal and to the agent of the other party as soon as may be after the organization of the tribunal, but within a period not exceeding two months from the date of the
exchange of ratifications of this convention. Counter case to be Within two months after the delivery on both sides of the written submitted.
or printed case, either party may, in like manner, deliver in duplicate to each member of the tribunal, and to the agent of the other party, a counter-case and additional documents, correspondence and evidence in reply to the case, documents, correspondence and evidence so presented by the other party. The tribunal may, however, extend this last mentioned period when in their judgment it becomes necessary by reason of specal difficulties which may arise in the procuring of such
additional papers and evidence. Copies of reports, If in the case submitted to the tribunal either party shall have speci
fied or referred to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party shall demand it, within thirty days after the delivery of the case, to furnish to the party applying for it a duly certified copy thereof; and either party may call upon the other, through the tribunal, to produce the original or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the tribunal may require; and the original or copy so requested shall be delivered as soon as may be and within a period not exceeding forty
days after receipt of notice. Evidence, etc. Each party may present to the tribunal all pertinent evidence, docu
mentary, historical, geographical, or topographical, including maps and charts, in its possession or control and applicable to the rightful decision of the questions submitted; and if it appears to the tribunal that there is evidence pertinent to the case in the possession of either party, and which has not been produced, the tribunal may in its dis
cretion order the production of the same by the party having control thereof.
It shall be the duty of each party through its agent or counsel, within two months from the expiration of the time limited for the delivery of the counter-case on both sides, to deliver in duplicate to each member of the said tribunal and to the agent of the other party a written or printed argument showing the points and referring to the evidence upon which his Government relies, and either party may also support the same before the tribunal by oral argument of counsel. The tribunal may, if they shall deem further elucidation with regard to any point necessary, require from either party a written, printed, or oral statement or argument upon the point; but in such case the other party shall have the right to reply thereto.
Former treaties to be considered.
Vol. 15, p. 539.
It is agreed by the High Contracting Parties that the tribunal shall consider in the settlement of the questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of 28/16 February, A. D. 1825, and between the United States of America and the Emperor of All the Russias concluded under date of March 30/18, A. D. 1867; and particularly the Articles III, IV, V, of the first mentioned treaty, which in the original text are word for word as follows:
“La ligne de démarcation entre les Possessions des Hautes Parties Contractantes sur la Côte du Continent et les Iles de l'Amérique NordOuest, sera tracée ainsi qu'il suit:
“A partir du Point le plus méridional de l'Ile dite Prince of Wales, lequel Point se trouve sous la parallèle du 54me degré 40 minutes de latitude Nord, et entre le 131me et 133me degré de longitude Ouest (Méridien de Greenwich), la dite ligne remontera au Nord le long de la passe dite Portland Channel, jusqu'au Point de la terre ferme où elle atteint le 56me degré latitude Nord; de ce dernier point la ligne de démarcation suivra la crête des montagnes situées parallèlement à la Côte, jusqu'au point d'intersection du 141me degré de longitude Ouest (même Méridien); et finalement, du dit point d'intersection, la même ligne méridienne du 141me degré formera, dans son prolongement jusqu'à la Mer Glaciale, la limite entre les Possessions Russes et Britanniques sur le Continent de l'Amérique Nord-Ouest."
“Il est entendu, par rapport à la ligne de démarcation déterminée dans l’Article précédent;
“1. Que l'Isle dite Prince of Wales appartiendra toute entière à la Russie.
“2. Que partoute où la crête des montagnes qui s'étendent dans une direction parallèle à la Côte depuis le 56me degré de latitude Nord au point d'intersection du 141me degré de longitude Ouest, se trouveroit à la distance de plus de dix lieues marines de l'Océan, la limite entre les Possessions Britanniques et la lisière de Côte mentionnée ci-dessus comme devant appartenir à la Russie, sera formée par une ligne parallèle aux sinuosités de la Côte, et qui ne pourra jamais en être éloignée que de dix lieues marines."
“Il est convenu en outre, que nul Etablissement ne sera formé par l'une des deux Parties dans les limites que les deux Articles précédens