The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-05
MEXICO.


Signed in Washington, ID. c., ON the 4th of
July, 1868.
Whereas il is desirable TO maintain and increase
the friendly feelings between the United States and
the Mexican republic ana 80 to strengthen the
system and principles OF republican government ON
the American Continent; and whereas since the
signature Of the treaty of Guadalupe Hidago OF the
"a OF February, 1s4S, claims ana complaints have
been made by citizens OF the United States, on ac-
count injuries to their persons and their property
authorities OF that republic. and similar claims and
complaints have been made on account OF injuries
to the persons and property Of Mexican citizens by
authorities Of the United States, the President Of the
United States Of America and the President Of the
Mexican republic have resolved to conclude a con-
ventlon for the adjustment OF the said claims and
complaints and have named as their plenipOten
tiaries-the President of the United States William
H. Seward, Secretary OF State, and the President OF
the Mexican republic Matias Romero, accredited as
| the Mexican republic to the United States; who,
after having communicated to each other their re-
spectve full powers, found IN good and due form,
have agreed to the following articles
| ARTICLE /. All claims on the part of corporations,
United States, upon the government Of the Mexican
| republic arising from injuries to Their persons OF
s ns
or private individuals citizens Of the Mexican
Sns the Of the limited
| States, which may have been presented to either
government for it's interpOsitien with the other since
| the signature OF the treaty of Guadalupe Hidalgo
between the United States and the Mexican republic
| OF the "a OF February 1s4s and which remain
settled; as well az any other such claims which may
be presented within the time hereinafter specified,
appointed by the President Of the United States by
and with the advice and consent OF the Senate and
one by the President OF the Mexican republic; In
case OF the DEATH absence or incapacity OF either
| commissioner, or in the event OF either commits
soner emitting or ceasing 70 act az such the Presi
| DAM of nil al nj
| Mexican republic, respectively, shall orfhwi name
another person to act as commissioners in the place
or stead OF the commissioner originally named. The
| commissioners named shall meet at Washington
within six months after the exchange OF the ratifca
ton OF this convention, and shall, beforeproceediDg
| to business. make and subscribe a solemn decla-
ration that they will impartlaly and carefully exam
and according to public law, justice and eqnity
without fear favor affection TO their own country
upon all sucn claims above specified rs shall he iair
United States and OF the Mexican republic. respect
lively: and such declaration shall be entered on the
record OF their proceedings.
The commissioners shall then name some third
person to act an umpire in any case
which they may themselves differ in opinion "
they should not be able TO agree upon the name of
such third person they shall each name a person
and In each and every case in which the commits
sioners may differ in opinion to the decision
which they ought TO give it shall be determined by
lot which OF the two persons so named shall he UNI
pire in that particular case. The person persons
so chosen TO be umpire shall before proceed
ing TO act as such in any case make and subscribe
a solemn declaration in a form similar to that which
shall already have been made and subscribed by the
commissioners, which shall be entered on the
record OF their proceedings. In the event Of the
death, absence or incapacty OF such person per-
sons OF OF his OF their emitting, or declining, or
ceasng to act rs such umpire, another and different
person shall be named "a aforesaid to act as such
umpire, in the place OF the person so originally
named "a aforesaid and shall make and subscribe
| such declaration, az Aforesaid.
| ART. 2. The commissioners shall then conformity
1 proceed to the investigation and decision Of the
claims which shall he presented TO their notice In
| such order and I'm such manner az they may con
formation only as shall be furnished by or on behalf
| OF their respective governments. They shall be
or statements which may be presented to them by
on behalf OF their respective governments IN SUI.
port OF or in answer to any claim and to hear II
required one person ON each SHE on behalf OF each
| government Oh each and every separate claim.
Should they fail to agree In opinion upon any indi.
vidual claim they shall call to their assistance the
umpire whom they may have agreed TO name or
| who may be determined by lot. the NAV be;
and such umpire, after having examined the evil
dcnce adduced for and against the claim and after
having heard, II required, one person on each sldc
| shall decide thereupon finally and without appeal.
The decision OF the commissioners aud OF the umpire
shabe given upon each claim In writing shall dcsig
| nate whether any sum which may be allowed shall
be payable In gold or IN the currency OF the United
States, and shall ne signed by them respectively II
| shall he competent for each government 10 name
one person to attcnu the commissioners agent on
its behalf present and support claims lie behalf
and 10 answer claims made upon IL. ami 10 represent
generally IA all matters connected with the inye--
tgation and decision thereof The President OF the
Mexican republic hereby solemny and sincerely en-
gage to consider the decision OF the commissioners
conformity or OF the dmpire, as the case NAV be. a.
absolutely hna and conclusive upon each claim de-
cided upon by them or him respectively, and % give
full effect 10 such decisions without any objection,
evasion or delay whatsoever. II is agreed that no
claim arising out of transaction OF date prior 20
the "a vi February, lsis shall he admissible under
this convention.
AIR. 3. Every claim shall be- presented 10 the COM
ms4uners within eight months from the day of thcir
first meeting unless in any case where reasons for
81 A bp n,t
commissioners. of the umpire IN the event Of the
commissioners differing IN opinion thereupon, AMI
then ANT IN any such case the period for presenting
/ The cain m1Y he extended 10 anN time not exceed
| ing three months long
The commissioners shHil h. bound 10 examine AMI
| decide upon every claim within two years and six
months FROM he day ~ their nrst meeting II shall
! be competent Tor The commissioners conformity. o.
for thc umpire q they dincr, 10 decide 10 each case
whether any claim has or has not been duly maze.
preferred and laid before them either wholly 81 O.
! any ana what extent according 10 the true intent
! aud meaning Of this convent on
! ART. 4. when decision shall have hnen made hT
| the commissioners AMI the arbiier every case
/ which shall have been iad before them the total
amount awarded IN oil the cases decided VA favor OF
the citizens OF tie one party shall be deducted from
the total amount awarded 10 the citizens 81 the other
party. and the balance. 10 the amount OF 100000,
shall be paid nj che city OF Mexico at the city Of
Washington, IN goid or U.s. equivalent, within twelve
months from the close or the commission. 20 the
q ooyarnnent i'm foyor of who's. citizens the greater
/ nwount.nev have been awarded without n,cre-t or
any other deduction than that specified In article o
OF his convention. The residue OF the said balance
exceeding $3Oi OOa IN gold or iis equivalent In any
! one wear until the whole shall have been paid.
ART. ;. The high contracting parties agree TO con
sder the suit OF the proceedings OF this commission
as mn, perfect and final settlement OF every claim
upon either government arising out or any ransac-
lion OF date prior 10 the exchange OF the rainca.
lions O the present convention, and further engage
that eVery such clam, whether or not the same may
have been presented 70 the notice Of made preferred
or laid before the said commission shall, from and
after the conclusion Of tho proceedings Of the sald
commission I've considered and treated as finally SET
4 tled balfet AMI thenCefOrth inadmissiOle.
ARR p. Inc commissioners aud the umpire shall
Keep an accurate record and correct minutes OF theii
proceedings, with tue dates. For that purpose they
sal appoint two secretaries versed in the language
OF both countries " assist them In the transaction OF
the business OF the commission. Each government
shall pay 20 its commissioner an amount OF salary
not exceeding $4,000 year In the currency OF the
united states, which amount shall be the same Tor
/ bOtn governments. The amount OF compensation 10
be paid " The umpire shall be determined by mutual