BOUNDARIES Convention signed at Washington February 3, 1894, extending con vention of July 22, 1892 Senate advice and consent to ratification February 12, 1894 Ratified by the President of the United States February 15, 1894 Ratified by the United Kingdom March 9, 1894 Ratifications exchanged at Washington March 28, 1894 Entered into force March 28, 1894 Proclaimed by the President of the United States March 28, 1894 28 Stat. 1200; Treaty Series 143 The Governments of the United States of America and of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being credibly advised that the labors of the Commission organized pursuant to the Convention which was concluded between the High Contracting Parties at Washington, July 22, 1892,1 providing for the delimitation of the existing boundary between the United States and Her Majesty's possessions in North America in respect to such portions of said boundary line as may not in fact have been permanently marked in virtue of treaties heretofore concluded, can not be accomplished within the period of two years from the first meeting of the Commission as fixed by that Convention, have deemed it expedient to conclude a supplementary convention extending the term for a further period and for this purpose have named as their respective plenipotentiaries: The President of the United States, Walter Q. Gresham, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Excellency Sir Julian Pauncefote, G. C. B., G. C. M. G., Ambassador Extraordinary and Plenipotentiary of Great Britain; Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed upon the following articles: 1 ARTICLE I The third paragraph of Article I of the Convention of July 22, 1892, states that the respective Commissions shall complete the survey and submit their final reports thereof within two years from the date of their first meeting. The Joint Commissioners held their first meeting November 28, 1892; hence the time allowed by that Convention expires November 28, 1894. Believing it impossible to complete the required work within the specified period, the two Governments hereby mutually agree to extend the time to December 31, 1895. ARTICLE II The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged at Washington at the earliest practicable date. In faith whereof we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done in duplicate at Washington, the 3d day of February, one thousand eight hundred and ninety-four. CLAIMS: BERING SEA Convention signed at Washington February 8, 1896, with appendix Ratified by the President of the United States, with amendments, Ratified by the United Kingdom May 14, 1896 Ratifications exchanged at London June 3, 1896 Entered into force June 3, 1896 Proclaimed by the President of the United States June 11, 1896 Terminated December 17, 1897 2 29 Stat. 844; Treaty Series 144 Whereas by a Treaty between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, signed at Washington on February 29, 1892,3 the questions which had arisen between their respective Governments concerning the jurisdictional rights of the United States in the waters of Behring Sea, and concerning also the preservation of the fur-seal in, or habitually resorting to, the said Sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in, or habitually resorting to, the said waters, were submitted to a Tribunal of Arbitration as therein constituted; 1 The U.S. amendments were as follows: Article II, second paragraph, after "Commission" delete "may" and insert "shall also"; after "provided” delete “it shall determine in any case that the interests of justice so require due regard being had to the necessary expense and to all other considerations involved" and insert in lieu thereof "either Commissioner shall so request if he shall be of opinion that the interests of justice shall so require, for reasons to be recorded on the minutes." Article III, second paragraph, after "found" delete "in the award of" and insert "by"; after "concerning the same; and" delete "it shall be open to"; after "the United States" delete "if it shall think fit" and insert "shall have the right". Article III, third paragraph, after "The said Commission" delete “shall have power to compel the testimony of witnesses"; after "San Francisco" delete "by application to the Circuit Court of the United States for the Ninth Circuit which said Court shall make all orders and issue all processes necessary and appropriate to that end; and, when sitting at Victoria" and insert "or Victoria"; after "for the procurement" strike out "and" and insert "or". The text printed herein is the amended text as proclaimed by the President. Date of rendition of award of $473,151.26 against the United States (see Moore, International Arbitrations, vol. II, p. 2123). TS 140-1, ante, p. 220. And whereas the High Contracting Parties having found themselves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it, did, by Article VIII of the said Treaty, agree that either party might submit to the Arbitrators any questions of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government on the facts found to be the subject of further negotiation; And whereas the Agent of Great Britain did, in accordance with the provisions of said Article VIII, submit to the Tribunal of Arbitration certain findings of fact which were agreed to as proved by the Agent of the United States, and the Arbitrators did unanimously find the facts so set forth to be true, as appears by the Award of the Tribunal rendered on the 15th day of August, 1893; And whereas in view of the said findings of fact and of the decision of the Tribunal of Arbitration concerning the jurisdictional rights of the United States in Behring Sea and the right of protection or property of the United States in the fur-seals frequenting the islands of the United States in Behring Sea, the Government of the United States is desirous that in so far as its liability is not already fixed and determined by the findings of fact and the decision of said Tribunal of Arbitration, the question of such liability should be definitely and fully settled and determined, and compensation made, for any injuries for which, in the contemplation of the Treaty aforesaid, and the award and findings of the Tribunal of Arbitration compensation may be due to Great Britain from the United States; And whereas it is claimed by Great Britain, though not admitted by the United States, that prior to the said award certain other claims against the United States accrued in favor of Great Britain on account of seizures of or interference with the following named British sealing vessels,-to wit, the "Wanderer," the "Winifred," the "Henrietta" and the "Oscar and Hattie," and it is for the mutual interest and convenience of both the High Contracting Parties that the liability of the United States, if any, and the amount of compensation to be paid, if any, in respect of such claims and each of them should also be determined under the provisions of this Convention—all claims by Great Britain under Article V of the Modus Vivendi of April 18, 1892 * for the abstention from fishing of British sealers during the pendency of said arbitration having been definitely waived before the Tribunal of Arbitration: The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, to the end of concluding a Convention for that purpose, have appointed as their respective Plenipotentiaries: The President of the United States, the Honorable Richard Olney, Secretary of State; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Righ Honorable Sir Julian Pauncefote, TS 140-3, ante, p. 226. G.C.B., G.C.M.G., Her Majesty's Ambassador Extraordinary and Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, which were found in due and proper form, have agreed to and concluded the following Articles: ARTICLE I The High Contracting Parties agree that all claims on account of injuries sustained by persons in whose behalf Great Britain is entitled to claim compensation from the United States and arising by virtue of the Treaty aforesaid, the award and the findings of the said Tribunal of Arbitration, as also the additional claims specified in the 5th paragraph of the preamble hereto, shall be referred to two Commissioners, one of whom shall be appointed by the President of the United States, and the other by Her Britannic Majesty, and each of whom shall be learned in the law. Appended to this Convention is a list of the claims intended to be referred. ARTICLE II The two Commissioners shall meet at Victoria, in the Province of British Columbia, Canada, as soon as practicable after the exchange of the ratifications of this Convention, and, after taking an oath that they will fairly and impartially investigate the claims referred to them and render a just decision thereon, they shall proceed jointly to the discharge of their duties. The Commission shall also sit at San Francisco, California, as well as Victoria, provided either Commissioner shall so request if he shall be of opinion that the interests of justice shall so require, for reasons to be recorded on the minutes. ARTICLE III The said Commissioners shall determine the liability of the United States, if any, in respect of each claim and assess the amount of compensation, if any, to be paid on account thereof-so far as they shall be able to agree thereonand their decision shall be accepted by the two Governments as final. They shall be authorized to hear and examine, on oath or affirmation, which each of said Commissioners is hereby empowered to administer or receive every question of fact not found by the Tribunal of Arbitration, and to receive all suitable authentic testimony concerning the same; and the Government of the United States shall have the right to raise the question of its liability before the Commissioners in any case where it shall be proved that the vessel was wholly or in part the actual property of a citizen of the United States. The said Commission, when sitting at San Francisco or Victoria, shall have and exercise all such powers for the procurement or enforcement of testimony as may hereafter be provided by appropriate legislation. |