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constitutional nature prevent the acceptance of the said convention, in its present form, have deemed it expedient to agree upon an additional protocol taking into account these difficulties without jeopardizing any legitimate interest and have, to that end, appointed as their plenipotentiaries, to wit:

Germany: His Excellency F. de Müller, envoy extraordinary and minister plenipotentiary at The Hague.

The United States of America: James Brown Scott.

The Argentine Republic: His Excellency Alejandro Guesalaga, envoy extraordinary and minister plenipotentiary at The Hague.

Austria-Hungary: Baron E. de Gudenus, chargé d'affaires ad interim at The Hague.

Chile: His Excellency F. Puga Borne, envoy extraordinary and minister plenipotentiary at Paris.

Denmark: J. W. de Grevenkop Castenkkjold, minister resident at The Hague.

Spain: His Excellency Jose de la Rica y Calvo, envoy etxraordinary and minister plenipotentiary at The Hague.

France: His Excellency Marcellin Pellet, envoy extraordinary and minister plenipotentiary at The Hague.

Great Britain: His Excellency Sir George W. Buchanan, G. C. V. O., K. C. M. G., C. B., envoy extraordinary and minister plenipotentiary at The Hague.

Japan: His Excellency Aimaro Sato, envoy extraordinary and minister plenipotentiary at The Hague.

Norway: His Excellency G. F. Hagerup, envoy extraordinary and minister plenipotentiary at The Hague.

The Netherlands: His Excellency Jonkheer R. de Marees van Swinderen, minister of foreign affairs.

Sweden: His Excellency Count J. J. A. Ehrensvärd, envoy extraordinary and minister plenipotentiary at The Hague.

Who, after depositing their full powers, found to be in good and due form, have agreed upon the following:

ARTICLE 1.

The Powers signatory or adhering to the Hague convention of October 18, 1907, relative to the establishment of an international court of prize, which are prevented by difficulties of a constitutional nature from accepting the said convention in its present form, have the right to declare in

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the instrument of ratification or adherence that in prize cases, whereof their national courts have jurisdiction, recourse to the international court of prize can only be exercised against them in the form of an action in damages for the injury caused by the capture.

ARTICLE 2.

In the case of recourse to the international court of prize, in the form of an action for damages, Article 8 of the convention is not applicable; it is not for the court to pass upon the validity or the nullity of the capture, nor to reverse or affirm the decision of the national tribunals.

If the capture is considered illegal, the court determines the amount of damages to be allowed, if any, to the claimants.

ARTICLE 3.

The conditions to which recourse to the international court of prize is subject by the convention are applicable to the action in damages.

ARTICLE 4.

Under reserve of the provisions hereinafter stated the rules of procedure established by the convention for recourse to the international court of prize shall be observed in the action in damages.

ARTICLE 5.

In derogation of Article 28, paragraph 1, of the convention, the suit for damages can only be brought before the international court of prize by means of a written declaration addressed to the International Bureau of the Permanent Court of Arbitration; the case may even be brought before the bureau by telegram.

ARTICLE 6.

In derogation of Article 29 of the convention the International Bureau shall notify directly, and if possible by telegram, the government of the belligerent captor of the declaration of action brought before it.

The government of the belligerent captor, without considering whether the prescribed periods of time have been observed, shall, within seven days of the receipt of the notification, transmit to the International Bureau the case, appending thereto a certified copy of the decision, if any, rendered by the national tribunal.

ARTICLE 7.

In derogation of Article 45, paragraph 2, of the convention the court rendering its decision and notifying it to the parties to the suit shall send directly to the government of the belligerent captor the record of the case submitted to it, appending thereto a copy of the various intervening decisions as well as a copy of the minutes of the preliminary proceedings.

ARTICLE 8.

The present additional protocol shall be considered as forming an integral part of and shall be ratified at the same time as the convention. If the declaration provided for in Article 1 hereinabove is made in the instrument of the ratification, a certified copy thereof shall be inserted. in the procès verbal of the deposit of ratifications referred to in Article 52, paragraph 3, of the convention.

ARTICLE 9.

Adherence to the convention is subordinated to adherence to the present additional protocol.

In faith of which the plenipotentiaries have affixed their signatures to the present additional protocol.

Done at The Hague on the 19th day of September, 1910, in a single copy, which shall remain deposited in the archives of the Government of the Netherlands and of which duly certified copies shall be forwarded through diplomatic channels to the Powers designated in Article XV of the convention relative to the establishment of an international court of prize of October 18, 1907, and in its appendix.

For Germany:

F. DE MÜLLER.

For United States of America:

JAMES BROWN SCOTT.

For the Argentine Republic:

ALEJANDRO GUESALAGA.

For Austria-Hungary:

BARON ERWEIN GUDENUS.

For Chile:

F. PUGA BORNE.

For Denmark:

W. GREVENKOP CASTENSKJOLD.

For Spain:

JOSÉ DE LA RICA Y CALVO.

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RESOLUTION OF THE SENATE OF THE UNITED STATES ADVISING AND CON-
SENTING TO THE RATIFICATION OF THE INTERNATIONAL PRIZE COURT
CONVENTION AND ADDITIONAL PROTOCOL.

In Executive Session, Senate of the United States.
February 15, 1911.

Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the convention for an International Prize Court, signed at The Hague on the 18th day of October, 1907, and at the same time to the ratification, as forming an integral part of the said convention, of the protocol thereto, signed at The Hague on the 19th day of September, 1910, and transmitted to the Senate by the President on the 2d day of February, 1911. Provided, that it is the understanding of the Senate and is a condition of its consent and advice that in the instrument of ratification the United States of America shall declare that in prize cases recourse to the International Court of Prize can only be exercised against it in the form of an action in damages for the injuries caused by the capture.

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TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES

AND JAPAN.

Signd at Washington, February 21, 1911.

The President of the United States of America and His Majesty the Emperor of Japan, being desirous to strengthen the relations of amity and good understanding which happily exist between the two nations, and believing that the fixation in a manner clear and positive of the rules which are hereafter to govern the commercial intercourse between their respective countries will contribute to the realization of this most desirable result, have resolved to conclude a treaty of commerce and navigation for that purpose, and to that end have named their plenipotentiaries, that is to say:

The President of the United States of America, Philander C. Knox, Secretary of State of the United States; and

His Majesty the Emperor of Japan, Baron Yasuya Uchida, Jusammi; Grand Cordon of the Imperial Order of the Rising Sun, His Majesty's Ambassador Extraordinary and Plenipotentiary to the United States of America;

Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles:

ARTICLE I.

The citizens or subjects of each of the high contracting parties shall have liberty to enter, travel and reside in the territories of the other to carry on trade, wholesale and retail, to own or lease and occupy houses, manufactories, warehouses and shops, to employ agents of their choice, to lease land for residential and commercial purposes, and generally to do anything incident to or necessary for trade upon the same terms as native citizens or subjects, submitting themselves to the laws and regulations there established.

They shall not be compelled, under any pretext whatever, to pay any charges or taxes other or higher than those that are or may be paid by native citizens or subjects.

The citizens or subjects of each of the high contracting parties shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or may be granted to native citizens or subjects, on their submitting themselves to the conditions imposed upon the native citizens or subjects.

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