Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1865-08-10

Of America and the Republic {
Ecuador Concluded at Guayaqui
November 25, 1862; Ratified b
the President of the United State,
February l3, 1868 Ratification
| exchanged at Quito, July 81, 1864
i Proclaimed by the President of th
United States, September 8, 1864.
pr THE PRESIDENT OF TIE UNITED STATES OF AMERICA.
A PROCLAMATION.
WHEREAS a Convention between
the United States of America and tn,
Republic of Ecuador, for the mutua
adjustment of claims, was concludet
and signed by their respective Pleni
potentiaries, at the city of Guayaquil
on the twenty-fifth day of November
in the year Of our Lord one Thousand
eight hundred and sixty-two, whicl
Convention, being in the English anc
Spanish languages, is, word for word
as follows = .--. s..s -.. ..3 .
The United States of America and
the Republic of Ecuador, desiring tC
adjust the claims of citizens of said
States against Ecuador and of citi
zens Of Ecuador against the United
States, have, for that purpose, ap.
pointed and conferred full powers, re-
spectively, to wit: The President oil
the United States on Frederick Has.
saurek, Minister Resident of the Uni.
ted States in Ecuador, and the Presi
dent OF Ecuador on Juan Jose Flores
General-in-Chief of the Armies of the
Republic, who. after exchanging their
full powers, which were found in good
and proper form, have agreed on the
following articles -
ARTICLE
All claims on the part of corpora.
tions, companies, or individuals, citi.
zens of the United States, upon the
government of Ecuador, or of corpo-
rations, companies, or individuals,
citizens of Ecuador, upon the govern,
ment of the United States, shall be
referred to Board Of Commissioners,
consisting of two members, one of
whom shall be appointed by the Gov
ernment Of the United States, and one
by the government of Ecuador. In
case of death, absence, resignation, or
incapacity Of either commissioner, or
in the event Of either commissioner
omitting or ceasing to act, the Gov
ernmeni of the United States or that
of Ecuador. respectively, or the Minis
ter of the United States in Ecuador,
in the name of his Government, shall
forthwith proceed TO fill the vacancy
thus occasioned. The commissioners
so named shall meet i'll the city of
Guayaquil within ninety days from the
exchange Of the ratifications of this
convention. and before proceeding TO
business shall make solemn oath that
they will carefully examine and i'm
partially decide according to justice,
and in compliance with the provis-
ions of this convention. all claims that
shall be submitted to them and such
oath shall be entered on the record of
their proceedings. ....
The commissioners shall then pro.
ceed to name an arbitrator or umpire,
to decide upon any case or cases con-
cerning which they may disagree,
or upon any point of difference
which may arise in the course of their
proceedings. And If they cannot
agree in this selection, the umpire
shall be appointed by her Britannia
Majesty's Charge d'Affaires, or tex,
cepting the Minister Resident of the
United States (by any other diplomat.
ic agent in Quito whom the two high
contracting parties shall invite 10
make such appointment.
The arbitrator or umpire being ap
pointed, the commissioners shall
without delay, proceed to examine the
claims which may be presented to
them by either Of the two Govern
ments and they shall hear, if requir-
ed, one person in behalf of each gov
ernment on every separate claim
Each government shall furnish, upor
request of either commissioner, sucf
papers in its possession as may bt
deemed important to the just determi
nation Of any claim or claims.
In cases where they agree TO aware
an indemnity, they shall determine
the amount to be paid In cases il
which said commissioners canno
agree, the points of difference shal
be referred to the umpire, befor,
whom each Of the commissioners ma,
be heard, and whose decision shall b,
final.
ARTICLE III.
The commissioners shall issuc ccrti
ficates of the sums to be paid to tn,
claimants respectively, whether b,
virtue OF the awards agreed to be
tween themselves or of those mad
by the umpire and the aggregate
amount of all sums decreed by th,
commissioners, and Of all sums accru
ing from awards made by the um
pire, under the authority conferred b,
the fifth article, shall be paid to th,
government to which the respectiv,
claimants belong. Payment Of sal,
sums shall be made in equal annua
instalments, to be completed withi
nine years from the date Of the termi
nation Of the labors Of the commits
sion, the first payment to be made si
months after the same date. To NEE
these payments both government
pledge the revenues of their respectiv
nations.
ARTICLE Nv.
The commission shall terminate il
, labors in twelve months from the dat
!; of its orgaization. They shall keep
D record OF their proceedings and ma
Q appoint . secretary versed in til
> knowledge of the English and Spar
! ish languages.