two years from the date of its termination, viz., until the 1st July, 1898. It is understood that the modus vivendi shall cease to operate as soon as the Delegates for defining the boundary under the provisions of Article IV of the Treaty of the 11th June, 1891,* shall have completed their task. I have, &c., Senhor Machado. SALISBURY No. 2.-Senhor Machado to the Marquess of Salisbury.-(Received (Translation.) MY LORD, January 21.) Portuguese Legation, London, I HAVE the honour to acknowledge the receipt of your Excellency's note of to-day, informing me that the Government of Her Majesty the Queen of England, Empress of India, accept the proposal made to them by the Government of His Most Faithful Majesty that, while the delimitation of the frontiers of the Portuguese and British spheres of influence to the north of the Zambezi is pending, the modus vivendi of the 31st May, 1893, should be prolonged for a term of two years, counting from the date at which it terminates, that is, until the 1st July, 1898. 5th June I am authorized by the Government of His Most Faithful Majesty to state to your Excellency that they accept the terms of your note, it being understood that the modus vivendi shall cease to operate as soon as the Delegates who are to define the boundary, in accordance with the provisions of Article IV of the Treaty of the 11th June, 1891, shall have completed their task. I avail, &c., The Marquess of Salisbury. CARLOS CYRILLO MACHADO. CONVENTION between Great Britain and France, amending Articles VII and IX of the Extradition Treaty of the 14th August, 1876.f-Signed at Paris, February 13, 1896. [Ratifications exchanged at Paris, February 19, 1896.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of * Vol. LXXXIII, page 27. SA Majesté la Reine du Royaume-Uni de Grande-Bretagne et d'Irlande, Impératrice des + Vol. LXVII, page 5. India, and the President of the French Republic, being desirous to render more efficacious the provisions of Article VII and IX of the Treaty between Great Britain and France of the 14th August, 1876, for the mutual extradition of fugitive criminals, have named as their respective Plenipotentiaries for this purpose, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, his Excellency the Marquess of Dufferin and Ava, her Ambassador Extraordinary and Plenipotentiary to the French Republic, &c.; And the President of the French Republic, his Excellency M. Marcellin Berthelot, Senator, Minister of Foreign Affairs of the French Republic, &c.; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles : ART. I. The text of Artiele VII of the Extradition Treaty of the 14th August, 1876, is amended by the substitution of the words "a Magistrate" for the words "the Police Magistrate who issued the warrant, or some other Police Magistrate in London," in the first sentence of the third paragraph of section (a), and by the omission of the word "Police" in the second sentence of the said Indes, et le Président de la République Française, désireux de rendre plus efficaces les dispositions des Articles VII et IX du Traité conclu le 14 Août, 1876, entre la Grande-Bretagne et la France, pour l'extradition réciproque des criminels fugitifs, ont nommé respectivement comme Plénipotentiaires à cet effet, savoir: Sa Majesté la Reine du Royaume-Uni de Grande-Bretagne et d'Irlande, Impératrice des Indes, son Excellence M. le Marquis de Dufferin et Ava, son Ambassadeur Extraordinaire et Plénipotentiaire près le Gouvernement de la République Française, &c.; Et le Président de la République Française, son Excellence M. Marcellin Berthelot, Sénateur, Ministre des Affaires Étrangères de la République Française, &c.; en Lesquels, après s'être respectivement communiqué leurs pleins pouvoirs, reconnus bonne et due forme, sont tombés d'accord sur les Articles suivants: ART. I. Le texte de l'Article VII du Traité du 14 Août, 1876, est modifié par la substitution des mots "un Magistrat" aux mots "le Magistrat de Police qui a décerné le mandat d'arrêt ou tout autre Magistrat de Police à Londres" dans la première partie du paragraphe 3 de la section (a), et par la suppression du mot "Police" dans la seconde partie du dit paragraphe et daus les sections (b) et (d). paragraph, and in the sections (b) and (d). II. The text of Article IX of the aforesaid Treaty is amended by the substitution of the words "a Magistrate" for the words "a Police Magistrate in London." III. The present Convention shall be ratified, and the ratifications shall be exchanged at Paris as soon as possible. It shall come into force ten days after its publication in the manner prescribed by law in the respective countries, and shall have the same force and duration as the Treaty to which it relates. In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done in duplicate at Paris, the 13th February, 1896. (L.S.) DUFFERIN AND AVA. (L.S.) M. BERTHELOT. CONVENTION between Great Britain and the United States, for the Submission to Arbitration of British Claims in connection with the Behring Sea Seal Fishery.-Signed at Washington, February 8, 1896. [Ratifications exchanged at London, June 3, 1896.] WHEREAS, by a Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, signed at Washington on the 29th February, 1892, the questions which had arisen between their respective Governments concerning the jurisdictional rights of the United * Vol. LXXXIV, page 48 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; 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 of 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 favour 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 hability 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 * Vol. LXXXV, page 1158. also be determined under the provisions of this Convention--all claims by Great Britain under Article V of the modus vivendi of the 18th April, 1892,* for the abstention from fishing of British sealers during the pendency of said arbitration having been definitely waived before the Tribunal of Arbitration: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, to the end of concluding a Convention for that purpose, have appointed as their respective Plenipotentiaries: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Sir Julian Pauncefote, G.C.B., G.C.M.G., Her Majesty's Ambassador Extraordinary and Plenipotentiary to the United States; and The President of the United States, the Honourable Richard Olney, Secretary of State; 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 : ART. 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 fifth paragraph of the preamble hereto, shall be referred to two Commissioners, one of whom shall be appointed by Her Britannic Majesty, and the other by the President of the United States, and each of whom shall be learned in the law. Appended to this Convention is a list of the claims intended to be referred. 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. 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 thereon—and their decision shall be accepted by the two Governments as final. * Vol. LXXXIV, page 62. |