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board of her at the time of her capture; and also the time, manner, and place for the salute to the flag of the United States, if there should be occasion for such salute in accordance with the stipulation in the protocol signed by them on the 29th day of November last the time within which such arrangement was to have been made having been extended at the request of the Spanish government.

It is arranged and agreed as follows:

I. That the Virginius shall be surrendered and restored by a Spanish vessel of war to a vessel of war of the United States in the harbor of Bahia Honda on the 16th day of December instant, between the hours of eight in the morning and four in the afternoon of that day, the Virginius to have the flag of the United States flying at her main peak or flag-staff at the time of the surrender; but the fact of the vessel being restored with the flag flying shall not be taken as an admission by either party of the right of the vessel to carry the flag at the time of the capture; nor shall it prejudice the right reserved to Spain to prove, on or before the 25th of December instant, that the vessel was not entitled to carry that flag, and was carrying it at the time of her capture without right and improperly; nor the presentation of the reciprocal reclamations as provided in the said protocol. Should any accident prevent the arrival of the United States vessel in the port of Bahia Honda on the day above named, the surrender and restoration of the Virginius shall take place in the same port as soon as may be after the arrival there of the United States vessel.

II. That the survivors of those who were on board of the Virginius at the time of her capture shall be surrendered to and safely escorted on board of a vessel of war of the United States in the harbor of Santiago de Cuba within forty-eight hours after the notification to the authorities of the place of the arrival there of such vessel, and that such vessel is ready and prepared to receive such survivors. The said survivors are to be surrendered as above, between the hours of eight in the morning and four in the afternoon.

III. That on the 25th day of December current a vessel or vessels of war of the United States will be in the harbor of Santiago de Cuba, and that at the hour of 12 meridian the United States flag is to be raised on a Spanish fort or battery, and a salute of twenty-one guns be fired. This being done, the United States vessel, or, if there be more than one, one of them, will raise the Spanish flag, and return the salute, gun for gun. But if the commanding officer of the United States vessel in the harbor of Santiago de Cuba shall, on or before that date, have received notice that the conditions have been reached on which, according to the protocol between the undersigned of the 29th of November last, the salute to the flag of the United States is to be spontaneously dispensed with, he will notify the authorities of the place of that fact, and the ceremony of the salute to the flag in such case will not take place.

Hamilton Fish.

José Polo de Bernabé.

9.

ESPAGNE, ÉTATS-UNIS D'AMERIQUÉ.

Arrangement définitif pour mettre fin aux différends surve-
nus à propos du Virginius signé à Madrid, le 27 février
5 mars 1875*).

Message from the President o. t. U. S. 15 mars 1875. p. 117.
Texte anglais.

In consideration of the reasons set forth, and the reclamations made reciprocally in various conferences to that effect, had between his excellency Don Alexandro Castro, minister of state, and his excellency Mr. Caleb Cushing, representative of the United States, as also of the notes which have passed between them, and desiring, at the same time, to put an end, by means of an equitable and friendly accord, to the reclamations presented by the Government of the United States, in consequence of what occurred at Santiago de Cuba, in regard to the persons of the officers, crew, and passengers of the steamer Virginius, it being understood that from these reclamations are to be excluded, in so far as respects the ship's company, all individuals indemnified as British subjects, and with respect to passengers, including only certain American citizens, they have agreed:

First. The Spanish government engages to deliver to that of the United States the sum of eighty thousand dollars in coin, or four hundred thousand pesetas, for the purpose of relief of the families or persons of the ship's company and passengers aforesaid of the steamer Virginius.

Second. The Government of the United States engages to accept the sum mentioned in satisfaction of reclamations of any sort which, in the sense of pecuniary indemnification in this behalf, might otherwise be advanced against the Spanish government.

Third. When the sum referred to in article one shall have been received, the President of the United States will proceed to distribute the same among the families or the persons interested, in the form and manner which he may judge most equitable, without being obliged to give account of this distribution to the Spanish government.

Fourth. The payment of the eighty thousand dollars, or four hundred thousand pesetas, shall be effected by the Spanish government at Madrid in specie, and in three periods of two months each. thirty thousand dollars, or one hundred and fifty thousand pesetas, for each of the first two installments, and twenty thousand dollars, or one hundred thousand pesetas, in the last.

* En anglais et en espagnol. L'arrangement porte les signatures de M. Castro, Ministre des affaires étrangères de l'Espagne, et de M. Cushing, Ministre des États-Unis à Madrid. L'acte de ratification a été signé et échangé à Madrid, le 11 mars 1875.

Fifth. The present agreement will be ratified by both the undersigned so soon as his excellency the representative of the United States shall have presented the credential letters which accredit him as minister plenipotentiary near His Majesty the King of Spain.

10.

ÉTATS-UNIS D'AMERIQUE, GRANDE-BRETAGNE. Protocoles des Conférences tenues à Washington, du 27 février au 6 mai 1871, pour négocier le Traité du 8 mai*). Parl. Papers [346] 1871.

Ist Protocol of Conference between the High Commissioners on the part of Great Britain and the High Commissioners on the part of the United States of America.

Washington, February 27, 1871. The High Commissioners having met, their full powers were respectively produced, which were found satisfactory, and copies thereof exchanged, as follows: > Victoria R.

»Victoria, by the grace of God, Queen of the United Kingdom of Great Britain a d Ireland, Defender of the Faith, etc., etc., etc., To all and singular to whom these Presents shall come, Greeting:

>Whereas, for the purpose of discussing in a friendly spirit with Commissioners to be appointed on the part of Our Good Friends the United States of America, the various questions on which differences have arisen between Us and Our said Good Friends, and of treating for an Agreement as to the mode of their amicable settlement, We have judged it expedient to invest fit persons with full power to conduct on Our part the discussion in this behalf:

»Kuow ye, therefore, that We, reposing especial trust and confidence in the wisdom, loyalty, diligence, and circumspection of Our right trusty and right wellbeloved Cousin and Councillor George Frederick Samuel, Earl de Grey and Ripon, Viscount Goderich, a Peer of Our United Kingdom, President of Our Most Honourable Privy Council, Knight of Our Most Noble Order of the Garter, etc., etc., of Our right trusty and well-beloved Councillor Sir Stafford Henry Northcote, Baronet, a Member of Parliament, Companion of Our Most Honourable Order of the Bath, etc., etc.; of Our trusty and well-beloved Sir Edward Thornton, Knight Commander of Our Most Honourable Order of the Bath, Our Envoy Extraordinary and Minister Plenipotentiary to Our Good Friends the United States of America, etc., etc.; of Our trusty and well-beloved Sir John Alexander Macdonald, Knight Commander of Our Most Honourable Order of the Bath, a member of Our Privy Council for Canada, and Minister of Justice and Attorney-General in Our Dominion of Canada, etc., etc.; and of Our trusty and well-beloved Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford; have named, made, constituted, and appointed, as We do by these presents name, make, constitute, and appoint them Our undoubted High Commissioners, Procura

*) V. N. R. G. XX. 698.

tors, and Plenipotentiaries: Giving to them, or to any three or more of them, all manner of power and authority to treat. adjust, and conclude with such Minister or Ministers as may be vested with similar power and authority on the part of Our Good Friends the United States of America, any Treaties, Conventions, or Agreements that may tend to the attainment of the abovementioned end, and to sign for Us and in Our name everything so agreed upon and concluded, and to do and transact all such other matters as may appertain to the finishing of the aforesaid work in as ample manner and form, and with equal force and efficacy, as We Ourselves could do if personally present: Engaging and promising upon Our Royal Word, that whatever things shall be so transacted, and concluded by Our said High Commissioners, Procurators, and Plenipotentiaries shall be agreed to, acknowledged and accepted by Us in the fullest manner, and that We will never suffer, either in the whole or in part, any person whatsoever to infringe the same, or act contrary thereto, as far as it lies in Our power.

In witness whereof We have caused the Great Seal of Our United Kingdom of Great Britain and Ireland to be affixed to these Presents, which We have signed with Our Royal Hand.

>Given at Our Court at Windsor Castle, the sixteenth day of February, in the year of Our Lord one thousand eight hundred and seventy-one, and in the thirty-fourth year of Our reign.<

»Ulysses S. Grant, President of the United States of America, to all who shall see these presents, Greeting:

Know ye that, reposing special trust and confidence in the integrity and ability of Hamilton Fish, Secretary of State, Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain, Samuel Nelson, an Associate Justice of the Supreme Court of the United States, Ebenezer R. Hoar, of Massachussetts, and George H. Williams, of Oregon, I have nominated and, by and with the advice and consent of the Senate, do appoint them jointly and severally, to be Commissioners on the part of the United States, in a Joint High Commission between the United States and Great Britain; hereby empowering them jointly and severally, to meet the Commissioners appointed or to be appointed on behalf of Her Britannic Majesty, and with them to treat and discuss the mode of settlement of the different questions which shall come before the said Joint High Commission, and the said office to hold and exercise during the pleasure of the President of the United States for the time being.

In testimony whereof I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed.

Given under my hand at the city of Washington, this 10th day of February, in the year of our Lord one thousand eight hundred and seventy-one, and of the Independence of the United States of America the ninety-fifth.

By the President:

»U. S. Grant.

> » Hamilton Fish, Secretary of State.<<

It was proposed by the British High Commissioner that Mr. Fish, Secretary of State of the United States, should preside.

The United States' Commissioners stated that, although appreciating the proposal, they did not consider it necessary that a President should be named.

The High Commissioners, on the suggestion of Mr. Fish, requested that Lord Tenterden, Secretary of the British High Commission, and Mr. Bancroft Davies, Assistant-Secretary of State of the United States, acting as Secretary to the United States' High Commission, to undertake the duties of Joint Protocolists.

The High Commissioners then agreed that the subjects for discussion should be those mentioned in the following correspondence which has taken place between the two Governments:

1.

Sir E. Thornton to Mr. Fish, January 26, 1871.

Mr. Fish to Sir E. Thornton, January 30, 1871.

3.

Sir E. Thornton to Mr. Fish, February 1, 1871.

2.

4. Mr. Fish to Sir E. Thornton, February 3, 1871.

The Commissioners further determined that the discussion might include such other matters as might be mutually agreed upon.

The meeting of the High Commissioners was then adjourned to the 4th of March.

Tenterden.

J. C. Bancroft Davis.

IInd Protocol of Conference between the High Commissioners on the part of Great Britain and the High Commissioners on the part of the United States of America.

Washington, March 4, 1871. The High Commissioners having met, the Protocol of the Conference held on the 27th of February was read and confirmed.

At the commencement of the Conference the United States' High Commissioners called attention to the provision in the Constitution of the United States by which the advice and consent of the Senate is required for the ratification of any Treaty which may be signed under the authority of the President.

The British High Commissioners stated that they were acquainted with this provision.

The High Commissioners then proceeded with the consideration of the matters referred to them.

The Conference was adjourned to the 6th of March.

Tenterden.

J. C. Bancroft Davis.

IIIrd Protocol of Conference between the High Commissioners on the part of Great Britain and the High Commissioners on the part of the United States

of America.

Washington, March 6, 1871. The Commissioners having met, the Protocol of the Conference held on the 4th of March was read and confirmed.

The High Commissioners then proceeded with the consideration of the matters referred to them.

The Conference was adjourned to the 8th of March.

Tenterden.

J. C. Bancroft Davis.

(The subsequent Protocols to No. XXXIV are to the same effect as Protocol No. III.)

XXXVth Protocol of Conference between the High Commissioners on the part of Great Britain and the High Commissioners on the part of the United States of America.

Washington, May 3, 1871. The High Commissioners having met, the Protocol of the Conference held on the 25th of April was read and confirmed.

The High Commissioners then proceeded with the consideration of the matters referred to them.

The American Commissioners produced the following further full-power, under the seal of the United States, authorizing them to conclude and sign a Treaty:

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