cables, having recognized the expediency of defining the sense of the terms of Articles II and IV, of the said convention, have prepared by common accord the following declaration: Certain doubts having arisen as to the meaning of the word "wilfully" inserted in Article II of the convention of the 14th of March, 1884, it is understood that the imposition of penal responsibility, mentioned in the said article, does not apply to cases of breaking or of injuries occasioned accidentally or necessarily in repairing a cable, when all precautions have been taken to avoid such breakings or damages. It is likewise understood that Article IV of the convention has no other object and is to have no other effect than to charge the competent tribunals of each country with the determination, conformably to their laws and according to circumstances, of the question of the civil responsibility of the owner of a cable, who, by the laying or repairing of such cable, causes the breaking or injury of another cable, and also of the consequences of that responsibility, if it is found to exist. Done at Paris, December 1, 1886, and March 23, 1887, for Germany. José C. PAZ. GOLUCHOWSKI. ARINOS. R. FERNÁNDES. C. D. FREYCINET. LYONS. CRISANTO MEDINA. N. S. DELYANNI. L. L. MENABREA. ESSAD. A. DE STUERS. E. PECTOR. J. MARINOVITCH. 1886. PROTOCOL PROVIDING FOR THE SUBMISSION TO THE SIGNATORY POWERS FOR THEIR APPROVAL A DRAFT OF A DECLARATION INTERPRETING ARTICLES II AND IV OF THE CONVENTION OF MARCH 14, 1884, FOR THE PROTECTION OF SUBMARINE CABLES. Signed at Paris, May 21, 1886. The undersigned, representatives of the Argentine Republic, Autria-Hungary, Belgium, Brazil, Costa Rica, Denmark, the Dominican Republic, Spain, the United States of America, France, Great Britain, Greece, Guatemala, Italy, Japan, the Netherlands, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, Turkey, and Uruguay assembled at Paris on the 12th of May, 1886, for the purpose of examining the situation of the different signatory States of the convention of the 14th of March, 1884, for the protection of submarine cables, in respect to the execution of article 12 of the said convention. Translation. The protocol as signed was in the French language only. This draft was adopted by the signatory powers and signed by the plenipotentiaries December 1, 1886, and on the part of Germany March 23, 1887. As the result of the examination to which they have applied themselves in concert, they have arranged a draft of a Declaration which is annexed to the present protocol and which they bind themselves to recommend for adoption to their respective governments. Done at Paris, May 21, 1886. José C. PAZ. Austria-Hungary: GOLUCHOWSKI. Belgium: Italy: LEOPOLD ORBAN. F. SALVATORI. FINAL PROTOCOL OF AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OTHER POWERS FIXING MAY 1ST, 1888, AS THE DATE OF EFFECT OF THE CONVENTION CONCLUDED AT PARIS MARCH 14, 1884, FOR THE PROTECTION OF SUBMARINE CABLES. Signed at Paris July 7, 1887; ratification advised by the Senate February 20, 1888; ratified by the President March 1, 1888; proclaimed May 1, 1888. [Translation.] The undersigned, Plenipotentiaries of the Governments, parties to the Convention of March 14, 1884, for the protection of submarine cables, having met at Paris for the purpose of fixing, in pursuance of article 16 of that international instrument, a date for putting the said convention into execution, have agreed upon the following: SUBMARINE CABLES-1887-EXCHANGE OF DOCUMENTS-1886. 1959 I. The International Convention of March 14, 1884, for the protec tion of submarine cables, shall go into operation on the 1st day of May, 1888, provided, however, that at that date those of the contracting Governments that have not yet adopted the measures provided for by article 12 of the said international instrument, shall have conformed to that stipulation. II. The measures which shall have been taken by the said States in execution of article 12 aforesaid, shall be made known to the other contracting Powers through the French Government, which is charged with the examination of the said measures. III. The Government of the French Republic is likewise charged with the examination of the similar legislative and reglementary provisions which are to be adopted, in their respective countries, in pursuance of article 12, by such States as have not taken part in the Convention, and as may desire to avail themselves of the privilege of accession, for which provision is made in article 14. In testimony whereof, the undersigned Plenipotentiaries have adopted this final protocol, which shall be considered as forming an integral part of the International Convention of March 14, 1884. Done at Paris, July 7, 1887. ROBERT M. McLANE. LEYDEN. JOSÉ C. PAZ. Hoyos. BEVENS. ARINOS. MANUEL M. DE PERAALTA. FLOURENS. J. LUIS ALBAREDA. LYONS. CHRISANTO MEDINA. N. S. DELYANNI. H. MISSAK. 1886. CONVENTION FOR INTERNATIONAL EXCHANGE OF OFFICIAL DocuMENTS, SCIENTIFIC AND LITERARY PUBLICATIONS. Concluded at Brussels March 15, 1886; ratification advised by the Senate June 18, 1888; ratified by the President July 19, 1888; ratifications exchanged January 14, 1889; proclaimed January 15, 1889. (The text is reprinted from the translation made in the Department of State and proclaimed by the President with the original treaty, which is in the French language.) "Adhered to by the Argentine Republic, Paraguay and Uruguay. [Translation.] The President of the United States of America, His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, Her Majesty the Queen Regent of Spain, His Majesty the King of Italy, His Majesty the King of Portugal and of the Algarves, His Majesty the King of Servia, The Federal Council of the Swiss Confederation, desiring to establish, on the bases adopted by the Conference which met at Brussels from the 10th to the 14th April 1883, a system of international exchanges of the official documents and of the scientific and literary publications of their respective States, have appointed for their Plenipotentiaries, to wit: The President of the United States of America, Mr. Lambert Tree, Minister Resident of the United States of America at Brussels, His Majesty the King of the Belgians, The Prince de Caraman, His Minister of Foreign Affairs, and the Chevelier de Moreau, His Minister of Agriculture, Industry and Public Works, His Majesty the Emperor of Brazil, The Count de Villeneuve, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians, Her Majesty the Queen Regent of Spain, Mr. de Tavira, Chargé d'Affaires ad-interim of Spain at Brussels, His Majesty the King of Italy, the Marquis Maffei, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians, His Majesty the King of Portugal and of the Algarves, the Baron de Sant' Anna, Envoy Extraordinary and Minister Plenipotentiary of His Very Faithful Majesty. His Majesty the King of Servia, Mr. Marinovitch, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians, The Federal Council of the Swiss Confederation, Mr. Rivier its special Plenipotentiary. Who, after having communicated between themselves their full powers, which are found in good and due form, have agreed upon the following Articles: ARTICLE I. There shall be established in each of the contracting States, a bureau charged with the duty of the exchanges. ARTICLE II. The publications which the contracting States agree to exchange, are the following: 1st. The Official documents, parliamentary and administrative, which are published in the country of their origin. 2nd. The works executed by order and at the expense of the Gov ernment. ARTICLE III. Each bureau shall cause to be printed a list of the publications that it is able to place at the disposal of the contracting States. This list shall be corrected and completed each year and regularly addressed to all the bureaus of exchange. ARTICLE IV. The bureaus of exchange will arrange between themselves the number of copies which they may be able eventually to demand and furnish. ARTICLE V. The transmissions shall be made directly from bureau to bureau. Uniform models and formulas will be adopted for the memoranda of the contents of the cases, as well as for all the administrative correspondence, requests, acknowledgments of reception, etc. ARTICLE VI. For exterior transmissions, each State assumes the expense of packing and transportation to the place of destination. Nevertheless when the transmissions shall be made by sea, special arrangements will regulate the share of each State in the expense of transportation. ARTICLE VII. The bureaus of exchange will serve, in an officious capacity, as intermediaries between the learned bodies and literary and scientific societies, etc. of the contracting States for the reception and transmission of their publications. It remains however well understood that, in such case, the duty of the bureaus of exchange will be confined to the free transmission of the works exchanged and that these bureaus will not in any manner take the initiative to bring about the establishment of such relations. ARTICLE VIII. These provisions apply only to the documents and works published after the date of the present Convention. ARTICLE IX. The States which have not taken part in the present Convention are admitted to adhere to it on their request. This adhesion will be notified diplomatically to the Belgian Government and by that Government to all the other signatory States. ARTICLE X. The present Convention will be ratified and the ratifications will be exchanged at Brussels, as soon as practicable. It is concluded for ten years, from the day of the exchange of ratifications, and it will remain in force beyond that time, so long as one of the Governments shall not have declared six months in advance that it renounces it. |