1. Immediately after the approval of this protocol, the Government of the Republic of Colombia shall restore to the Italian subject Mr. E. Cerruti, or to his representatives, the real estate belonging to him, situated on the territory of said Republic, which was seized by the authorities of the State of Cauca, or by any other authorities of the Colombian nation, during the last civil war. 2. Every other claim whatsoever, actually pending between the Government of H. M. the King of Italy and the Government of Colombia, in the behalf of said Cerruti or of other Italian subjects, remain subject to the mediation of the Government of H. C. Majesty, before which the two governments shall produce their respective proofs and documents. The principal questions to be decided by the mediator are as follows: Did the said Cerruti, or any other Italian subjects, lose in Colombia their condition of neutral aliens, Yes or No? Did they lose the rights, prerogatives, and privileges granted to aliens by ordinary law and the laws of Colombia, Yes or No? Must Colombia pay an indemnity to said Cerruti or to any other Italian subjects, Yes or No? 3. Should it result from said mediation that Colombia must pay indemnities, the amount of these indemnities, as well as the manner, terms, and guaranties of payment, shall form the object of an arbitral judgment, without any appeal or reservation whatsoever, which the two governments agree, from this date, to defer to a mixed commission, to be composed of the following members: The representative of Italy at Bogota, a delegate of the Colombian Government, and the representative of Spain at Bogota. The work of the mixed commission shall terminate within six months after notification given by the Spanish Government of its conclusions to the representatives of the two parties at Madrid. That said mixed commission shall have the duty of deciding, in case a question should arise, as to the extent of the real estate belonging to M. Cerruti, which, in conformity with article first, shall be restored to him to the full extent which it had at the time of the seizure. 4. Save the conclusions of the mediation, whatever they may be, it is expressly understood that M. Cerruti shall never be molested in the future, or in any way interfered with on account of any act he may be accused of having committed up to the date of the present protocol. * Extended to eleven months by additional article signed August 25, 1886. 5. Diplomatic and friendly relations will be resumed on the day that the present protocol shall be approved by the two governments. The Government of Colombia shall, as soon as possible, accredit a representative near H. M. the King. Immediately after the approval of the present protocol, and as a pledge of the re-establishment of the friendly relations between the two countries, the King's government shall accredit anew a representative of his majesty in Colombia. That official shall go to Bogota on board a vessel of the royal navy, and on arriving at the port of Cartagena, after due notice being given, a salute of twenty-one guns, alternately, shall be exchanged between the vessel and the land batteries. 6. The present protocol shall be submitted to the two governments for approval. The approval must be made known at the same time through their respective representatives at Paris, within three months or sooner if possible. Done at Paris, in duplicate, on the 24th of May, 1886. L. F. MENABREA. F. DE P. MATEUS. PROTOCOL BETWEEN ITALY AND COLOMBIA FOR THE ARBITRATION OF THE CERRUTI CLAIM Signed at Rome, August 18, 1894 The Government of the Kingdom of Italy and the Government of the Republic of Colombia, desiring to put an end to the subjects of disagreement between them, growing out of the claims of Sig. Ernesto Cerruti against the Government of Colombia for losses and damages to his property in the State (now Department) of Cauca, in the said republic, during the political troubles of 1885, and desiring furthermore to make a just disposition of the said claims; His Excellency Baron Blanc, Minister of Foreign Affairs, of H. M. The King of Italy, on the one part; and Don José Marcelino Hurtado, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia to His Majesty the King of Italy on the other part, acting with due authority from their respective governments, have signed this protocol, subject to the approval of the Congress of Colombia to which it shall be submitted during the present session. The Government of Italy and the Government of Colombia agree to submit to arbitration the matters and claims above referred to, for the purpose of arriving at a settlement thereof, as between the governments. To this effect, as soon as this protocol shall have obtained the approval of the Congress of Colombia, the governments of Italy and of Colombia will join in asking H. E. the President of the United States of America, to be pleased to accept the position of arbitrator in the case, and discharge the duties pertaining thereto, as a friendly act to both governments. As soon as the arbitrator by his acceptance of the office shall have qualified himself to enter upon his functions, he shall become vested with full power, authority and jurisdiction to do and perform and to cause to be done and performed all things without any limitation whatsoever, which in his judgment may be necessary or conducive to the attainment, in a fair and equitable manner, of the end and purposes which this agreement is intended to secure. And he shall thereupon proceed to examine and decide according to the documents and evidence that may be submitted to him by each of the two governments or by the claimant as one of the two parties interested in the suit, and the principles of public law, first, which, if any, among the said claims of Sig. E. Cerruti against the Government of Colombia be a proper claim or claims for international adjudication, and, secondly, which, if any of the said claims of Sig. E. Cerruti against the Government of Colombia be a proper claim or claims for adjudication by the territorial courts of Colombia. And respecting the claim or claims, if any, which in the judgment of the arbitrator shall have the character of, and belong to, the first class of claims above defined, the arbitrator shall proceed to determine and to declare the amount of indemnity, if any, which the claimant Sig. Cerruti be entitled to receive from the Government of Colombia through diplomatic action. And regarding the claim or claims of Sig. E. Cerruti, if any, which in the judgment of the arbitrator shall possess the character of, and belong to the second class of claims above defined, the arbitrator shall so declare them to be and shall take no further action in the matter of such claim or claims. The claims to which this protocol has reference shall be presented together with the documents and evidence in their support, to the arbitrator and submitted to him not sooner than six calendar months, nor later than seven calendar months, reckoned from and after the date of acceptance of the office of arbitrator by H. E. the President of the United States of America. Each of the two parties interested in the suit shall defray the expenses incurred on its individual authority or behalf; but all expenses entailed by the authority, or with the sanction, of the arbitrator for the purpose of conveniently discharging his functions or duties or for the common benefit of both parties interested in the suit, shall be borne equally between them. The two governments solemnly bind themselves to abide by the decisions and awards of the arbitrator which shall be final and conclusive and not subject either to discussion or appeal. And they further agree not to reopen negotiations or diplomatic discussions on any point or points which the arbitrator may decide or dispose of, or which he may declare to have already been disposed of in conformity with public law: nor upon any claim or claims of Sig. E. Cerruti which the arbitrator may declare to have an internal and territorial character. In witness whereof, His Excellency Baron Blanc, Minister of Foreign Affairs of His Majesty the King of Italy, and Don José Marcelino Hurtado, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia to His Majesty the King of Italy, hereunto affix their signatures at Castellamare Stadia on this the eighteenth day of August in the year one thousand eight hundred and ninety-four. (Signed) BLANC. (Signed) J. M. HURTADO. [L. S.] [L. S.] The undersigned declare and acknowledge the foregoing to be a correct and faithful English version of the original protocol as drawn and executed in the Italian language. Date ut supra. (Signed) J. M. HURTADO. (Signed) BLANC. CONVENTION BETWEEN THE UNITED STATES AND COSTA RICA TO FIX THE Signed at San José, June 10, 1911; ratifications exchanged May 9, 1912 The President of the United States of America and the President of the Republic of Costa Rica, desiring to regulate the citizenship of those 1 U. S. Treaty Series, No. 570. persons who emigrate from the United States of America to Costa Rica and from Costa Rica to the United States of America, have resolved to conclude a convention on this subject and for that purpose have appointed their plenipotentiaries to conclude a convention, that is to say: the President of the United States of America, G. L. Monroe, Jr., Chargé d'Affaires ad interim of the United States at Costa Rica, and the President of Costa Rica Señor Licenciado don Manuel Castro Quesada, Minister for Foreign Affairs, who have agreed to and signed the following articles: ARTICLE I Citizens of the United States who may or shall have been naturalized in Costa Rica, upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Costa Rica. Reciprocally, Costa Ricans who may or shall have been naturalized in the United States upon their own application or with their own consent, will be considered by the Republic of Costa Rica citizens of the United States. ARTICLE II If a Costa Rican, naturalized in the United States of America, renews his residence in Costa Rica without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States, naturalized in Costa Rica, renews his residence in the United States, without intent to return to Costa Rica, he may be presumed to have renounced his naturalization in Costa Rica. The intent not to return may be held to exist when the person naturalized in the one country, resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary. ARTICLE III It is mutually agreed that the definition of the word "citizen" as used in this convention, shall be held to mean a person to whom nationality of the United States or Costa Rica attaches. ARTICLE IV A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal punishment for an action pun |