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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.

Meeting of commissioners,

The commissioners so named shall meet in the city of Washington within ninety days from the exchange of the ratifications of this convention, and, before proceeding to business, shall make and subscribe a 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 differ Arbitrator. 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.

Duty of commis

ARTICLE II.

The arbitrator being appointed, the commissioners shall proceed to examine and determine the claims which may be presented sioners as to claims 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 April 15, 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.

ARTICLE III.

The commissioners shall issue certificates of the sums to be paid by virtue of their awards to the claimants, and the aggregate Certificates of award. 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 six 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 may accrue to it from the Panama Railroad Company, in lieu of postages, by virtue of the thirtieth article

of the contract between the Republic of New Granada and said company, made April 15, 1850, and approved June 4, 1850, and also one-half of the dividends which it may receive from the net profits of said road, as provided in the fifty-fifth article 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.

ARTICLE IV.

The commission herein provided shall terminate its labors in nine months from and including the day of its organization; shall Duration of comkeep an accurate record of its proceedings, and may appoint a secretary to assist in the transaction of its business.

ARTICLE V.

mission.

Proceedings final.

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 Republic which may have accrued prior to the signature of this convention.

ARTICLE VI.

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.

Expenses.

ARTICLE VII.

The present convention shall be ratified, and the ratifications exchanged in Washington.

Ratification.

In faith whereof, we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals.

Done at Washington, this tenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven. [SEAL.]

SEAL.

LEW. CASS.

P. A. HERRAN.

COLOMBIA, 1864.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF COLOMBIA; DATED AT WASHINGTON, FEBRUARY 10, 1864; RATIFICATIONS EXCHANGED AT WASHINGTON AUGUST 19, 1865; PROCLAIMED AUGUST 19, 1865.

Whereas a convention for the adjustment of claims was concluded between the United States of America and the Republic of New Granada, in the city of Washington, on the 10th September, 1857, which convention, as afterward amended by the contracting parties, was proclaimed by the President of the United States on the 8th November, 1860;

And whereas the joint commission organized under the authority conferred by the preceding mentioned convention did fail, by reason of uncontrollable circumstances, to decide all the claims laid before them

under its provisions, within the time to which their proceedings were limited by the 4th article thereof;

The United States of America and the United States of Colombiathe latter representing the late Republic of New GranadaExtension of time. are desirous that the time originally fixed for the duration of

the commission should be so extended as to admit the examination and adjustment of such claims as were presented to but not settled by the joint commission aforesaid, and to this end have named Plenipotentiaries to agree upon the best mode of acccomplishing this object, that is to say: The President of the United States of America, William H. Seward, Secretary of State of the United States of America, and the President of the United States of Colombia, Señor Manuel Murillo, Envoy Extraordinary and Minister Plenipotentiary of the United States of Colombia; Who, having exchanged their full powers, have agreed as follows:

Extension for nine months.

ARTICLE I.

The high contracting parties agree that the time limited in the convention above referred to for the termination of the commission, shall be extended for a period not exceeding nine months from the exchange of ratifications of this convention, it being agreed that nothing in this article contained shall in any other wise alter the provisions of the convention above referred to; and that the contracting parties shall appoint commissioners anew, and an umpire shall be chosen. anew, in the manner and with the duties and powers respectively expressed in the said former convention.

Ratifications

ARTICLE II.

The present convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have hereunto affixed their seals.

Done at Washington this tenth day of February, in the year of our Lord one thousand eight hundred and sixty-four.

[SEAL.] [SEAL.]

WM. H. SEWARD.

M. MURILLÓ.

COSTA RICA.

COSTA RICA, 1851.

TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA RICA. CONCLUDED JULY 10, 1851. RATIFICATIONS EXCHANGED MAY 26, 1852. PROCLAIMED ON THE SAME DAY.

In the name of the Most Holy Trinity.

Preamble.

Commercial intercourse having been for some time established between the United States and the Republic of Costa Rica, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce, and navigation. For this purpose they have named their respective plenipotentiaries, that is to say:

Negotiators.

The President of the United States, Daniel Webster, Secretary of State, and his Excellency the President of the Republic of Costa Rica, Señor Don Felipe Molina, Envoy Extraordinary and Minister Plenipotentiary of that Republic to the United States; Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles:

ARTICLE I.

There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Republic of Costa Rica and its citizens on the other.

ARTICLE II.

State of amity to exist.

except as to coasting

There shall be, between all the territories of the United States and the territories of the Republic of Costa Rica a reciprocal Reciprocal freefreedom of commerce. The subjects and citizens of the dom of commerce, two countries, respectively, shall have liberty, freely and trade. securely, to come with their ships and cargoes to all places, ports, and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce; subject always to the laws and statutes of the two countries respectively.

In like manner, the respective ships of war and post-office packets of the two countries shall have liberty, freely and securely, to come to all harbors, rivers, and places to which other foreign ships of war and

packets are or may be permitted to come, to enter into the same, to anchor, and to remain there and refit; subject always to the laws and statutes of the two countries respectively.

By the right of entering the places, ports, and rivers mentioned in this article, the privilege of carrying on the coasting trade is not understood; in which trade, national vessels only of the country where the trade is carried on are permitted to engage.

tion" mutually conceded.

ARTICLE III.

It being the intention of the two high contracting parties to bind Privileges of the themselves, by the preceding articles, to treat each other "most favored na- on the footing of the most favored nation, it is hereby agreed between them, that any favor, privilege, or immunity whatever, in matters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other state, shall be extended to the subjects or citizens of the other high contracting party, gratuitously, if the concession in favor of that other nation shall have been gratuitous; or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concessions shall have been conditional.

Commercial provi

sions.

ties.

ARTICLE IV.

No higher nor other duties shall be imposed on the importation into the territories of the United States of any article being of the growth, produce, or manufacture of the Republic of Costa Rica, and no higher or other duties shall be imposed on the imDiscriminating du- portation into the territories of the Republic of Costa Rica of any articles being the growth, produce, or manufacture of the territories of the United States, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories of either of the high contracting parties, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of any articles the growth, produce, or manufacture of the territories of the United States, or of the Republic of Costa Rica, to or from the said territories of the United States, or to or from the Republic of Costa Rica, which shall not equally extend to all other nations.

in case of or damage.

ARTICLE V.

No higher nor other duties or payments on account of tonnage, of Tonnage duties and light or harbor dues, of pilotage, of salvage, in case either other local charges, of damage or shipwreck, or on account of any other local charges, shall be imposed in any of the ports of the Republic of Costa Rica, on vessels of the United States, than those payable in the same ports by Costa Rican vessels; nor in any of the ports of the United States, on Costa Rican vessels, than shall be payable in the same ports on vessels of the United States.

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