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CLAIMS: SETTLEMENT OF CASE

OF BRIG "NATIVE"

Convention signed at Guayaquil February 5, 1853
Entered into force February 5, 1853

Terminated in October 1855 upon payment of claim1

6 Miller 105 1

The undersigned, to wit, Courtland Cushing Chargé d'Affaires of the United States and Francisco Marcos Plenipotenciary of Ecuador being fully authorized to adjust the payment of the twenty one and a half per cent pertaining to Ecuador in the indemnification claimed for the loss of the N.A. brig "Native" which was seized by the schooner of war "Independence" of the old Republic of Colombia, have agreed to conclude the claim at all points upon the following terms.

ARTICLE 1st

The Government of Ecuador will cause to be paid to the order of the Charge d'Affaires of the United States the sum of seven thousand two hundred and four dollars and sixty five cents ($7,204.) in current money, in two equal dividends, one in December of the present year and the other in December of the year 1854, as full and complete indemnification for all the losses and damages which the owners or those interested in the N.A. brig "Native" have claimed of Ecuador, by means of the Legation of the U.S. who shall have no right to prosecute any new claim arising out of the seizure of said vessel by the schooner "Independence" of the Colombian Navy.

ARTICLE 2nd

The said sum of seven thousand two hundred and four dollars and sixty five shall bear interest at the rate of six per cent per annum from the 25th day of April 1848, the day on which the Minister of the United States in Bogota and the Secretary of Foreign Relations of New Grenada3 concluded and signed their Convention in respect to the same claim of Seth Driggs.

1 For details of settlement, see 6 Miller 105.

25 Miller 437.

The state of "Greater Colombia," which gained independence from Spain in 1819, included the present states of Colombia, Ecuador, Panama, and Venezuela. In 1830-31 it split up into Ecuador, Venezuela, and the republic of New Granada, and by 1863 New Granada had become the United States of Colombia.

ARTICLE 3

The aforesaid interest shall be computed until the 15th of June 1854 and the sum total including both principal and interest, shall be divided into two equal parts one payable on the 15th of December of this present year and the other on the 15th day of December 1854.

ARTICLE 4th

This Convention shall be presented by the Executive authority of Ecuador to the next Constitutional Legislature to the end that if it approves thereof, it may appropriate the necessary sum for its exact execution.

In testimony whereof the undersigned have signed two of one tenor, in Guayaquil the 5th of February one thousand eight hundred and fifty three.

COURTLAND CUSHING
F. MARCOS

CLAIMS: THE CASE OF WHALING SHIP

“GEORGE HOWLAND”

Agreement signed at Quito November 13, 1857

Entered into force November 13, 1857

Replaced by agreement of November 25, 18621

7 Miller 707

AGREEMENT

At a conference this day held in the Office of the Legation of the United States in this City, between the Honorable Francisco Javier Salazar, Plenipotentiary on the part of Ecuador for the investigation and adjustment of certain Claims of citizens of the United States against this Republic, and Philo White, Minister Resident and Plenipotentiary in behalf of the United States, the case of Matthew Howland was taken into consideration, in which a claim for indemnity from Ecuador is based upon alleged losses sustained by his Whale Ship the "George Howland", while under seizure by the Ecuatorian convicts confined on Charles Island (one of the Galápagos Group belonging to this Republic,) in the month of March, 1852.

Although the fact of the seizure of the claimant's vessel, as set forth in his complaint, is not denied, and, in the opinion of both Plenipotentiaries, he is entitled to some degre of indemnity,—yet so defective are the papers and vouchers presented to the commission,—so vague in their phraseology, and so indefinite in the sums stated,—as to cause much perplexity in ascertaining the amount of the loss really sustained by the claimant: In view of these difficulties, therefore, in the proper adjustment of this claim, the undersigned have agreed to recommend to the parties concerned, to assent to the appointment of a Mixed Commission, as the fairest and most feasible plan for determining what amount of indemnity ought equitably to be paid to Mr. Howland: Such Commission to hold its sessions at Guayaquil, and to be composed of three Gentlemen,—one of whom shall be an Ecuatorian citizen, and receive his appointment from the Central Government of the Republic;

1

1 The Mixed Commission called for by the agreement was not constituted. The claim was presented to a commission set up by an agreement of Nov. 25, 1862 (TS 77, post, p. 316), which made an award of $50,000, inclusive of interest and exchange (7 Miller 712).

another to be a citizen of the United States resident in Ecuador, and who shall be designated by the Minister or Consul of that country accredited in this Republic; and the third to be a Foreign Gentleman resident at Guayaquil, and who may be indifferent as to the issues in this question, to be designated by the joint vote of the two first-named Commissioners: Their award to be final as to the amount of indemnity, unless the two Governments shall mutually agree upon a different sum. The actual and necessary expenses of the Commission, will be shared equally between the two parties interested.

The Members who are to constitute the Mixed Commission provided for in this "Agreement", shall be appointed and enter upon the discharge of their duties as soon as the Minister or Consul of the United States shall announce to the Government of Ecuador that the new and amended vouchers expected from the claimant in the case, are received and ready for the use of the Commission in Guayaquil.

In testimony whereof, the undersigned, as Plenipotentiaries in behalf of their respective Governments, have signed and sealed this "Agreement” in triplicate, at the City of Quito, on the thirteenth day of November, in the year One Thousand Eight Hundred and Fifty Seven.

259-333-71- -22

PHILO WHITE

FRANCISCO JAVIER Salazar

[SEAL] [SEAL]

ADJUSTMENT OF CLAIMS

Convention signed at Guayaquil November 25, 1862
Senate advice and consent to ratification January 28, 1863
Ratified by the President of the United States February 13, 1863
Ratified by Ecuador July 26, 1864

Ratifications exchanged at Quito July 27, 1864

Entered into force July 27, 1864

Proclaimed by the President of the United States September 8, 1864
Terminated in March 1874 upon payment of claim

13 Stat. 631; Treaty Series 77 1

The United States of America and the Republic of Ecuador desiring to adjust the Claims of citizens of said States against Ecuador, and of citizens of Ecuador against the United States, have, for that purpose, appointed, and conferred full powers respectively, to wit: The President of the United States on Frederick Hassaurek, Minister Resident of the United States in Ecuador, and the President of Ecuador on Juan José Flores, General-in-Chief of the armies of the Republic, who, after exchanging their full powers, which were found in good and proper form, have agreed on the following articles:

ARTICLE 1st

All claims on the part of Corporations, Companies, or individuals, citizens of the United States upon the Government of Ecuador, or of Corporations, Companies or individuals, citizens of Ecuador, upon the Government of the United States, 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 Ecuador. In case of death, absence, resignation, 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 Ecuador respectively, or the Minister of the United States in Ecuador, in the name of his Government, shall forthwith proceed to fill the vacancy thus occasioned. The Commissioners so named shall meet in the City of Guayaquil, within ninety days from the exchange of the ratifications of this Convention; and before proceeding to business, shall make

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