The President of the United States; Rowland Blennerhassett Mahany, Envoy Extraordinary and Minister Plenipotentiary of the United States to Ecuador; and The President of Ecuador; Honorato Vazquez, Plenipotentiary ad hoc, of that Republic; who, having communicated to each other their respective Full Powers, found in good and due form, have agreed upon the following articles: ARTICLE I. The two governments agree to refer to the decision of an arbitrator, to be designated in the manner hereinafter provided, the claim presented by the Government of the United States against that of the Republic of Ecuador, in behalf of Julio R. Santos, a native of Ecuador, and naturalized as a citizen of the United States in the year 1874; the said claim being for injuries to his person and property, growing out of his arrest and imprisonment by the authorities of Ecuador, and other acts of the said authorities in the years 1884 and 1885. ARTICLE II. 1. In order to secure the services of a competent and impartial arbitrator, it is agreed that the Government of Her Britannic Majesty be requested to authorize its diplomatic representative in Quito, to act in that capacity; or in case of his absence from the country, that this permission be given his successor. 2. In case of the failure of the diplomatic representative of Her Britannic Majesty's Government, or of the successor of the said representative, to act as such arbiter, then the said representative, or his successor, be requested to name an arbitrator who shall not be a citizen either of the United States or of Ecuador. 3. Any vacancy in the office of Arbitrator, to be filled in the same manner as the original appointment. ARTICLE III. 1. As soon as may be after the designation of the Arbitrator, not to exceed the period of ninety days, the written or printed case of each of the contracting parties, accompanied by the documents, the official correspondence and other evidence on which each relies, shall be delivered to the Arbitrator, and to the agent of the other party; and within ninety days after such delivery and exchange of the cases of the two parties, either party may, in like manner, deliver to the Arbitrator, and to the agent of the other side, a countercase to the documents and evidence presented by the other party, with such written or printed argument as may, by each, be deemed proper. And each government shall furnish upon the request of the other, or its agent, such papers in its possession as may be deemed important to the just determination of the claim. 2. Within the last named period of ninety days, the Arbitrator may also call for such evidence as he may deem proper, to be furnished within the same period; and shall also receive such oral and documentary evidence as each government may offer. Each government shall also furnish, upon the requisition of the Arbitrator, all documents in its possession, which may be deemed by him as material to the just determination of the claim. 3. Within sixty days after the last mentioned period of ninety days, the Arbitrator shall render his opinions and decisions in writing, and certify the same to the two Governments. These decisions and opinions shall embrace the following points, to-wit: (a) Whether, according to the evidence adduced, Julio R. Santos, by his return to and residence in Ecuador, did or did not, under the provisions of the Treaty of Naturalization between the two Governments, concluded May 6, 1872, forfeit his United States citizenship as to Ecuador, and resume the obligations of the latter country. (b) If he did not so forfeit his United States citizenship, whether or not it was shown by the evidence adduced, that Julio R. Santos has been guilty of such acts of unfriendliness and hostility to the Government of Ecuador, as, under the Law of Nations, deprived him of the consideration and protection due a neutral citizen of a friendly Nation. ARTICLE IV. 1. In case either one or the other of the points recited in clauses (a) and (b) of the last preceding article, should be decided in favor of the contention of the Government of Ecuador, said Government shall be held to no further responsibility to that of the United States for arrest, imprisonment, and other acts of the authorities of Ecuador towards Julio R. Santos, during the years 1884 and 1885. 2. On the other hand, should the Arbitrator decide the above recited points against the contention of Ecuador, he shall, after a careful examination of the evidence touching the injuries and losses to the person and property of the said Santos, which shall have been laid before him concerning the arrest and imprisonment of said Santos, and other acts of the authorities of Ecuador towards him, during the years 1884 and 1885, award such damages for said injuries and losses as may be just and equitable; which shall be certified to the two Governments and shall be final and conclusive. ARTICLE V. 1. Both Governments agree to treat the decisions of the Arbitrator and his award as final and conclusive. 2. Should a pecuniary indemnity be awarded, it shall be specified in the gold coin of the United States, and shall be paid to the Government thereof within sixty days after the beginning of the first session. of the Congress of Ecuador, held subsequent to the rendition of the award, and the said award shall bear interest at six per centum from the date of its rendition. 3. The Government of Ecuador, however, reserves the right to pay, before the expiration of the above stated time, the whole amount to the Government of the United States, with interest at six per centum from the date of the announcement of the award till the date of the payment thereof. ARTICLE VI. 1. Each Government shall pay its own agent and counsel, if any, for the expenses of preparing and submitting its case to the Arbi trator. 2. All other expenses, including reasonable compensation to the Secretary, if any, of the Arbitrator, shall be paid upon the certificates of the Arbitrator, by the two Governments in equal moieties. ARTICLE VII. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof; by the Congress of Ecuador and by the President thereof; and the ratifications exchanged at Washington as soon as possible. In faith whereof, the Plenipotentiaries have signed and sealed this Convention in duplicate, in the City of Quito, this twenty eighth day of February, in the year of our Lord one thousand eight hundred and ninety three. [SEAL.] [SEAL.] ROWLAND BLENNERHASSETT MAHANY The claim referred to in the foregoing treaty was duly submitted to an arbitrator, who awarded $40,000 in favor of the claimant. EGYPT. COMMERCIAL AGREEMENT AND CUSTOMS REGULATIONS. Concluded at Cairo November 16, 1884; ratification advised by the Senate March 18, 1885; ratified by the President May 7, 1885; proclaimed May 7, 1885. The Undersigned, N. D. Comanos, Vice-Consul-General of the United States of America in Egypt, and His Excellency_Nubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs and of Justice of the Government of His Highness the Khedive of Egypt, duly authorized by their respective Governments, have held a conference this day on the subject of a Commercial Convention to be concluded between the Egyptian Government and the Foreign Powers, and have agreed to the following: The Government of the United States of America consents that the Regulations of the Egyptian customs applicable, in virtue of a Commercial and Customs Convention concluded on the 3rd of March, 1884, between the Hellenic Government and the Egyptian Government to the Hellenic subjects, vessels, commerce and navigation, may also be applied to the citizens of the United States, vessels, commerce and navigation. Every right, privilege or immunity that the Egyptian Government now grants, or that it may grant in future, to the subjects or citizens, vessels, commerce and navigation of whatsoever other foreign power, shall be granted to citizens of the United States, vessels, commerce and navigation, who shall have the right to enjoy the same. The present agreement shall become operative immediately upon the consent of the Senate of the United States being given to the same. In testimony whereof, the undersigned have signed the present act and have affixed their seals. Done in Cairo, the sixteenth day of November Eighteen hundred and eighty-four. N. D. COMANOS. [SEAL.] [SEAL.] A CONVENTION RELATIVE TO COMMERCE AND CUSTOMS. ARTICLES. I. Most favored nation clause. III. Importations into Egypt. V. Goods excluded. VI. Firearms. VII. Reexportations. VIII. Drawbacks on reexported goods. X. Effects of consular officers. XI. Shipping regulations. XIII. Customs officials. XIV. Fines and confiscations. XV. Administrative regulations. Additional article.-Taking effect of [The following is a translation of the printed official French version of the Convention beteween the Hellenic Government and the Egyptian Government concluded March 3, 1884, the provisions of which have been made applicable to the United States by the foregoing Agreement.] A CONVENTION RELATIVE TO COMMERCE AND His Excellency Nubar Pasha, President of the Council of Ministers, Minister of Foreign Affairs of His Highness the Khedive, and Mr. Anasthasius Byzantios, Diplomatic Agent and Consul-General of Greece, having been duly authorized by their respective Governments, have agreed upon the following: ARTICLE I. Greek commerce in Egypt and Egyptian commerce in Greece shall be treated, as regards customs duties, both when goods are imported and exported, as the commerce of the most favored nation. ARTICLE II. No prohibitory measure shall be adopted in respect to the reciprocal import or export trade of the two countries, without being likewise extended to all other nations. It is nevertheless understood that this restriction shall not apply to such special measures as may be adopted by either country for the purpose of protecting itself against epizooty, phylloxera or any other scourge. ARTICLE III. The Egyptian Government pledges itself, with the exceptions mentioned in article VI. hereinafter, not to prohibit the importation into Egypt of any article, the product of the soil and industry of Greece, from whatever place such article may come. ARTICLE IV. The duties to be levied in Egypt on the productions of the soil and industry of Greece, from whatever place they may come, shall be regulated by a tariff which shall be prepared by commissioners appointed for this purpose by the two Governments. A fixed duty of 8 per cent. ad valorem shall be taken as the basis of this tariff, the said duty to be computed on the price of the goods in the port of discharge; the Egyptian Government, however, reserves the privilege of raising the duties on distilled beverages, wines and fancy articles; but these duties shall, in no case, exceed the rate of 16 per cent. ad valorem. The Egyptian Government likewise reserves the right to reduce the duties on articles of prime necessity that are imported into Egypt, to 5 per cent., and even to abolish them entirely. Customs duties shall be collected without prejudice to the penalties provided, in cases of fraud and smuggling, by the regulations. |