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CONVENTION of Claims between The United States and New Granada.—Signed at Washington, September 10,1857.*
[Ratifications exchanged at Washington, November 5, I860.]
The United States of America and the Republic of New Granada, 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 conferred full powers, respectively, to wit: 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. Uerran, Envoy Extraordinary and Minister Plenipotentiary of that Rfpublic in The United States, who, after exchanging their full powers, which were found in good and proper form, have agreed to the following Articles:
Aet. I. All claims on the part of corporations, companies, or individuals, citizens of The United States, upon the Government of New Granada, which shall have been presented prior to the 1st day of September, 1850, either to the Department of State at Washington or to the Minister of The United States at Bogota, and especially thiwe for damages which were caused by the riot at Panama on the 15th of 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 its direction, shall forthwith proceed to fill the vacancy thus occasioned.
The Commissioners so named shall meet in the city of Washington w ithin ninety days from the exchange of the ratifications of thiB Convention, and before proceeding to business, shall make and subscribe * solemn oath that they will carefully examine and 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 be entered on the record of their proceedings.
The Commissioners shall then proceed to name an arbitrator or umpire to decide upon any case or cases on which they may * Signed also in Spanish.
[1S56-57. M.vu.] 2 A
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.
II. 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 every separate claim. Each Government shall furnish, upon request of either of the Commissioners, such papers in its possession as the Commissioners may deem important to the just determination of any claims presented to them. In cases where they agree to award an indemnity, they shall determine the amount to be paid, having due regard, in claims which have grown out of the riot at Panama, of 15th April, 1856, to damages suffered through death, wounds, robberies, or destruction of property. In cases where they cannot agree the subjects of difference shall be referred to the umpire, before whom each of the Commissioners may be heard, and whose decision shall be final
III. The Commissioners shall issue certificates of the sums to be paid, by virtue of their awards, to the claimants, and the aggregate amount of said sums shall be paid to the Government of The United States, at Washington, in equal semi-annual payments, the first payment to be made six months from the termination of the Commission, and the whole payment to be completed within eight years from the same date; and each of said sums shall bear interest (also payable semi-annually) at the rate of 6 per cent, per annum from the day on which the awards, respectively, shall have been decreed. To meet these payments the Government of New Granada hereby specially appropriates one-half of the compensation which mny accrue to it from the Panama Railroad Company, in lieu of postages, by virtue of Article XXX of the Contract between the Republic of New Granada and said Company, made 15th April, 1850,* and approved 4th June, 1850, and also one-half of the dividends which it may receive from the net profits of said road, as provided in Article LV of the same Contract; but if these funds should prove insufficient to make the payments as above stipulated, New Granada will provide other means for that purpose.
IV. The Commission herein provided shall terminate its labours in nine mouths from and including the day of its organization; shall keep an accurate record of its proceedings, and may appoint a secretary to assist in the transaction of its business.
* Vol. XUI. Page 1127.
V. The proceedings of this commission shall be final and conclusive with respect to all the claims before it, and its awards shall be a full discharge to .New Granada of all claims of citizens of The United States against that Eepublic which way have accrued prior to the signature of this Convention.
71. Each Government shall pay its own Commissioner, but the umpire, as well as the incidental expenses of the Commission, shall be paid one-half by The United States and the other half by New Granada.
VII. The present Convention shall be ratified, and the ratifications eichanged in "Washington.
In faith whereof, we, the respective Plenipotentiaries, have iigned this Convention, and have hereunto affixed our seals.
Done at Washington, this 10th day of September, in the year of our Lord 1857.
(L.S.) LEW. CASS.
(L.8.) P. A. HERRAN.
TREATY of Friendship and Commerce between The United States and Persia.—Signed at Constantinople, December 13, 1856*
[Ratifications exchanged at Constantinople, June 13, 1857.]
Is the name of God, the Clement and the Merciful, Tbe President of the United States of North America, and His llajestr, as exalted as the planet Saturn; the Sovereign to whom tho sun serves as a standard; whose splendour and magnificence are equal to that of the skies; the Sublime Sovereign, the monarch whose armies are as numerous as the stars: whose greatness calls to wind that of Jeinshid; whose magnificence equals that of Darius; the Heir of the Crown and Throne of the Kayanians, the Sublime Emperor of all Persia, being both equally and sincerely desirous of establishing relations of friendship between the two Governments, which they wish to strengthen by a Treaty of friendship and commerce, reciprocally advantageous and useful to the citizens and subjects of the two High Contracting Parties, have for this purpose named for their Plenipotentiaries,
Tbe President of the United States of North America, Carroll ^pence, Minister Resident of The United States near the Sublime Porte; and his Majesty the Emperor of all Persia, his Excellency Emin u\ Molk Farrukh Khan, Ambassador of His Imperial Majesty * Signed also in the Persian language.
the Shah, decorated with the portrait of the Shah, with the great Cordon Blue, and Bearer of the Girdle of Diamonds, &c.
And the said Plenipotentiaries, having exchanged their full powers, which were found to be in proper and due form, have agreed upon the following Articles:
Abt. I. There shall be hereafter a sincere and constant good understanding between the Government and citizens of the United States of North America and the Persian Empire and all Persian subjects.
II. The Ambassadors or Diplomatic Agents whom it may please either of the two High Contracting Parties to send and maintain near the other, shall be received and treated, they and all those composing their missions, as the Ambassadors and Diplomatic Agents of the most favoured nations are received and treated in the two respective countries; and they shall enjoy there in all respects the same prerogatives and immunities.
III. The citizens and subjects of the two High Contracting Parties, travellers, merchants, manufacturers, and others, who may reside in the territory of either country, shall be respected and efficiently protected by the authorities of the country and their agents, and treated in all respects as the subjects and citizens of the most favoured nation are treated.
They may reciprocally bring by land or by sea into either country, and export from it, all kinds of merchandize and products, and sell, exchange, or buy, and transport them to all places in the territories of eitljer of the High Contracting Parties. It being however, understood that the merchants of either nation who shall engage in the internal commerce of either country, shall be governed, in respect to such commerce, by the laws of the country in which such commerce is carried on; and in case either of tho High Contracting Powers shall hereafter grant other privileges concerning such internal commerce to the citizens or subjects of other Governments, the same shall be equally granted to the merchants of either nation engaged in such internal commerce within the territories of the other.
IV. The merchandize imported or exported by the respective citizens or subjects of the two High Contracting Parties shall not pay in either country, on their arrival or departure, other duties than those which are charged in either of the countries on the merchandize or products imported or exported by the merchants and subjects of the most favoured nation, and no exceptional tax, under any name or pretext whatever, shall be collected on them in either of the two countries.
V. All suits and disputes arising in Persia between Persian subjects and citizens of The United States, shall be carried before tite Persian tribunal to which such matters are usually referred at the place where a Consul or Agent of The United States may reside, and shall be discussed and decided according to equity in the presence of an employe of the Consul or Agent of The United States.
All suits and disputes which may arise in the empire of Persia between citizens of The United States, shall be referred entirely for trial and for adjudication to the Consul or Agent of The United States, residing in the province wherein such suits and disputes may have arisen, or in the province nearest to it, who shall decide them according to the laws of The United States.
All suits and disputes occurring in Persia between the citizens of The United States and the subjects of other foreign Powers, shall he tried and adjudicated by the intermediation of their respective Consuls or Agents.
In The United States, Persian subjects, in all disputes arising between themselves, or between them and citizens of The United States or foreigners, shall be judged according to the rules adopted in The United States respecting the subjects of the most favoured nation.
Persian subjects residing in The United States, and citizens of TheUnited States residing in Persia, shall, when charged with criminal offences, be tried and judged in Persia and The United States in the aame manner as are the subjects and citizens of the most favoured nation residing in either of the above-mentioned countries.
\I. In case of a citizen or subject of either of the Contracting Parties dying within the territories of the other, his effects shall be delivered up integrally to the family or partners in business of the deceased; and in case he has no relations or partners, his effects in either country shall be delivered up to the Consul or Agent of the nation of which the deceased was a subject or citizen, so that ho may dispose of them in accordance with the laws of his country.
VII. For the protection of their citizens or subjects, and their commerce respectively, and in order to facilitate good and equitable relations between the citizens and subjects of the two countries, the two High Contracting Parties reserve the right to maintain a diplomatic Agent at either seat of government, and to name each three Consuls in either country; those of The United States shall reside at Teherau, Bender, Bushire, and Tauris; those of Persia, at Washington, New York, and New Orleans.
The Consuls of the High Contracting Parties shall reciprocally enjoj in the territories of the other, where their residences shall be established, the respect, privileges, and immunities granted in either country to the Consuls of the most favoured nation. The diplomatic Agent or Consuls of The United States shall not protect, secretly