CHILE. 1909. PROTOCOL FOR ARBITRATION OF THE ALSOP CLAIM. Signed at Santiago December 1, 1909. (Foreign Relations, 1910, p. 186.) The Government of the United States of America and the Government of the Republic of Chile, through their respective plenipotentiaries, to wit: Seth Low Pierrepont, chargé d'affaires of the United States of America, and Agustin Edwards, minister of foreign affairs of Chile, who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following PROTOCOL OF SUBMISSION. Whereas the Government of the United States of America and the Government of the Republic of Chile have not been able to agree as to the amount equitably due the claimants in the Alsop claim: Therefore, the two Governments have resolved to submit the whole controversy to His Britannic Majesty Edward VII who as an "aimable compositeur" shall determine what amount, if any, is, under all the facts and circumstances of the case, and taking into consideration all documents, evidence, correspondence, allegations, and arguments which may be presented by either Government, equitably due said claimants. The full case of each Government shall be submitted to His Britannic Majesty, and to the other Government through its duly accredited representative at St. James, within six months from the date of this agreement; each Government shall then have four months in which to submit a counter case to His Britannic Majesty, and to the other Government as above provided, which counter case shall contain only matters in defense of the other's case. The case shall then be closed unless His Britannic Majesty shall call for further documents, evidence, correspondence, or arguments from either Government, in which case such further documents, evidence, correspondence, or arguments shall be furnished within sixty days from the date of the call. If not so furnished within the time specified, a decision in the case shall be given as if such documents, evidence, correspondence, or, arguments did not exist. The decision by His Britannic Majesty shall be accepted as final and binding upon the two Governments.1 The award of the "amiable compositeur," dated July 5, 1911, is printed in Foreign Relations. 1911, pp. 38-53. In witness whereof, the undersigned plenipotentiaries of the United States and Chile have signed the above protocol both in the English and Spanish languages, and hereunto affixed their seals. Done in duplicate, at the city of Santiago, this 1st day of December, 1909. SETH LOW PIERREPONT. AUGUSTIN EDWARDS. 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington July 24, 1914; ratification advised by the Senate August 20, 1914; ratified by the President November 11, 1915; ratified by Chile November 9, 1915; ratifications exchanged at Washington January 19, 1916; proclaimed January 22, 1916. (Treaty Series, No. 621; 39 Statutes at Large, 1645.) ARTICLES. I. All disputes not settled by diplomacy to be reported upon by commission; hostilities not to take place before treaty provisions fail. II. Composition, appointment, procedure of commission. III. Submission of disputes; time of report. IV. Negotiations to be held for six The President of the United States of America and the President of the Republic of Chile being desirous to secure in the most effective way the amicable settlement of any future difficulties between both countries and the subsequent maintenance of peace and good amity between them, have resolved to enter into a special treaty for that purpose, and to that end have appointed their Plenipotentiaries as follows: The President of the United States of America, His Excellency William Jennings Bryan, Secretary of State of the United States; and The President of the Republic of Chile, His Excellency Eduardo Suárez Mujica, Envoy Extraordinary and Minister Plenipotentiary of Chile to the United States of America; Who, after having communicated to each other their respective full powers, found to be in proper and due form, have agreed upon and concluded the following articles: ARTICLE I. The High Contracting Parties agree that all disputes that may arise in the future between them, shall, when diplomatic methods of adjustment have failed, be submitted for investigation and report to an International Commission to be constituted in the manner 29479-S. Doc. 348, 67-4 prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation, nor before all resources stipulated in this treaty have proved unsuccessful. ARTICLE II. The International Commission shall be composed of five members, to be appointed as follows:-Each Government shall designate two members, only one of whom shall be of its own nationality. The fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not belong to any of the nationalities already represented on the Commission. The fifth member shall perform the duties of President. Each of the High Contracting Parties shall have the right to remove, at any time before investigation begins, any Commissioner selected by it and, conjointly, the nomination of the successor, or successors, must be enacted. Likewise, either Government shall also have the right to withdraw its approval of the fifth member; in which case the new fifth member will be appointed within thirty days following the notification of the withdrawal, by common agreement between the two Governments, and such agreement lacking, the appointment will be made by the President of the Swiss Confederation. The vacancies that may occur through other causes than those already named, will be filled as mentioned in this article. The International Commission shall be constituted within the four months following the exchange of the ratifications of this treaty, and shall notify both Governments of the date of its organization. The Commission will establish its own regulations. The resolutions of the Commission, as well as its final report, will be adopted by the majority of its members. The expenses of the Commission shall be paid by the two Contracting Governments in equal proportion. The Commission shall determine the country wherein it will sit, taking into consideration the greater facilities for the investigation. ARTICLE III. In case that, as established in Article I, the High Contracting Parties shall have failed to adjust the difficulty by diplomatic methods, said difficulty will be immediately submitted to the International Commission for its investigation and report. The convocation of said Commission may be made by either contracting Government. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall extend the time by mutual agreement. The report shall be prepared in triplicate: one copy shall be presented to each Government and the third retained by the Commission for its files. ARTICLE IV. Once the report in possession of both Governments, six months' time will be available for renewed negotiation in order to bring about a settlement of the difficulty in view of the findings of said report; and if even during this new term both Governments should be unable to reach a friendly arrangement, the dispute will then be submitted to the Permanent Court of Arbitration established at The Hague. Notwithstanding, any question that may affect the independence, the honor or the vital interests of either or both of the countries, or the provisions of their respective Constitutions, or the interests of a third nation, will not be submitted to such or any other arbitra tion. A special and previously agreed convention will detail, if arbitration is resorted to, the matter of the controversy, the extent of the Arbiters' powers, and the length of time to which the Court of Arbitration must subject its organization and procedure, including the presentation of memorials, proofs, and pleas. ARTICLE V. The present treaty will be ratified by both Governments after obtaining its approval by the Constitutional Powers of both countries, and the ratifications shall be exchanged in Washington as soon as possible. The special convention prescribed by the final paragraph of Article IV remains also subject to the constitutional requisites of both countries. The present treaty shall take effect immediately after the exchange of the ratifications; and shall continue in force for a period of five years, and it shall thereafter remain in force, during successive periods of five years, until one of the High Contracting Parties have given notice to the other of an intention to terminate it. In witness thereof the respective Plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington, on the 24th day of July, in the year nineteen hundred and fourteen. WILLIAM JENNINGS BRYAN [SEAL.] [SEAL.] CHINA. AGREEMENT IN SETTLEMENT OF CHANGSHA INDEMNITY CLAIMS. Hankow January 28, 1911. (Foreign Relations, 1911, p. 80.) Be it agreed that, inasmuch as on the fifth day of the third moon of the second year of Hanan T'ung, being the 14th day of April, 1910, the famished people of Changsha, in the Province of Hunan, made certain disturbances, involving thereby foreign merchants and missionaries in losses, their excellencies Viceroy Jui of the HuKuang and Governor Yang of the Province of Hunan, and his excellency James W. Calhoun, American Minister at Peking, have respectively appointed us, the Taotais Wang and Wang, and myself the American Consul, to discuss, impartially and with justice, a method of settlement in order that friendly feelings may be strengthened, and that discussion having now been completed and nothing having been omitted, we are finally settled upon the following: I. The losses sustained by the American merchants and missionaries are as follows: Wherefore, let it be understood that it is necessary to pay 53,934.58 Hankow taels. II. This matter having been once settled, the said firms and missionaries shall not raise further questions or make fresh demands for compensation in this case. III. Since the famished people of Changsha have made disturbances involving the foreign merchants and missionaries in losses, the local 1 See dispatch appended. |