Mr. MacVeagh to Mr.
Gresham.
Embassy
of the United States,
Rome
,
February 6,
1895
. (Received Feb. 28.)
No. 99.]
Sir: Referring to my previous correspondence
with the Department on the subject of the proposed arbitration by the
President of the United States of the dispute which has been pending for
some time past between the Government of Italy and the Republic of
Colombia in regard to the claims against Colombia of a subject of Italy,
Ernesto Cerruti, I have the honor to inclose herewith a copy of a note
which I have received from Baron Blanc, the minister of foreign affairs
of the Government of Italy, and also a note from Monsieur Hurt ado, the
envoy of the Republic of Colombia to Italy, together with translations
of each, extending in due form an invitation on behalf of their
Governments to the President of the United States to undertake the
duties of arbitrator in the settlement of the dispute in question. I
also inclose English translations which have been inclosed to me,
respectively, by His Excellency Baron Blanc and Monsieur Hurtado, of the
protocol which was entered into in August of last year at Castellamare,
while I was staying there, between these accredited representatives of
the two countries, and by which they agreed to determine the dispute by
placing it in the hands of the President for arbitration. I also inclose
three printed copies of the protocol, in the original Italian, which
have been forwarded to me by the foreign office.
I have the honor to ask you to be so good as to inform me in due course
of mail that the President has kindly consented to act as arbitrator as
thus requested by both Governments, so that I may be able to notify
their excellencies Baron Blanc, on behalf of Italy, and Monsieur
Hurtado, on behalf of Colombia, of the acceptance by the President of
their joint invitation.
I have, etc.,
[Inclosure 1 in No.
99.—Translation.]
Baron Blanc to
Mr. MacVeagh.
Your Excellency: Between the Kingdom of
Italy and the Republic of Colombia, with a protocol signed at
Castellamare on the 18th of August, 1894, it has been agreed to come
to a conclusion, by means of arbitration, of the dispute which has
lasted for many years between the Italian citizen Sig. Ernesto
Cerruti and the Government of Colombia, and to intrust the high
office of arbitrator to His Excellency the President of the United
States of America.
This international convention has been regularly approved of and
accepted by the contracting Governments, and the time has now come
to give it execution.
By agreement, therefore, with the Hon. Don Marcelino Hurtado, envoy
extraordinary and minister plenipotentiary of Colombia, duly
authorized to this effect by his own Government, I have the honor to
address myself to your excellency, requesting that you will please
cause the official demand, which I formulate in the name of the
Government [Page 958] of His Majesty
the King of Italy, to come to His Excellency the President of the
Confederation, that he will be so good as to accept the mandate of
arbitrator conferred upon his excellency by the high contracting
parties.
Herewith inclosed I transmit to your excellency an authentic copy of
the text of the above-mentioned protocol and its English
translation, with a request that they may be forwarded to His
Excellency the arbitrator designated, together with three more
copies of the Italian text which I deem convenient to inclose
herewith.
In expressing the hope that His Excellency Mr. Cleveland will
consider our demand as a new proof of the sentiments of amity and
high consideration of the Government of His Majesty the King of
Italy, I request that your excellency will be so good as to let me
know, at your convenience, the answer of His Excellency the
President of the United States 5 meanwhile, in anticipation offering
to your excellency my thanks for your courteous intervention,
I avail myself, etc.,
[Inclosure 2 in No.
99.—Translation.]
Mr. Hurtado to
Mr. MacVeagh.
Sir: I have the honor to inclose herewith
an English version of the convention negotiated at Castellamare on
the 18th of August, 1894, by the representatives of the Governments
of Colombia and of Italy, with a view to adjust by means of
arbitration the pending questions between them, growing out of the
claims of the Italian subject Ernesto Cerruti against Colombia.
You will perceive that the high contracting parties, relying on the
good and cordial relations which each of them maintain with your
Government, and placing the highest confidence in the wisdom,
justice, and impartiality of His Excellency the President of the
United States of America, have agreed to jointly request him to
accept the office and exercise the functions of arbitrator,
according to the tenor of the above-mentioned convention.
The negotiation having been definitely approved by both the
contracting Governments, the time has arrived to render it
operative. To this end, acting under directions from my Government,
I beg leave to request that you may be good enough to convey to His
Excellency the President of the Union the request above referred to,
namely, that he may be pleased to accept the position and exercise
the authority which the said convention aims to confer upon him—a
favor that would be looked upon by the Government of Colombia as a
fresh proof of sincere friendship and good will.
You would confer on me an obligation if, in due course, you would
make known to this legation the decision that His Excellency the
President may arrive at in this matter; and while thanking you for
your kind offices on this occasion,
I avail myself, etc.,
[Page 959]
[Inclosure 3 in No.
99.—Translation.]
Protocol.
The Government of the Kingdom of Italy and the Government of the
Republic of Colombia desiring to put an end to the subjects of
disagreement between them growing out of the claims of Sig. Ernesto
Cerruti against the Government of Colombia for losses and damages to
his property in the State (now Department) of Canea, in the said
Republic, during the political troubles of 1885, and desiring,
furthermore, to make a just disposition of the said claims, His
Excellency Baron Blanc, minister of foreign affairs of His Majesty
the King of Italy, on the one part, and Don José Marcelino Hurtado,
envoy extraordinary and minister plenipotentiary of the Republic of
Colombia to His Majesty the King of Italy, on the other part, acting
with due authority from their respective Governments, have signed
this protocol, subject to the approval of the Congress of Colombia,
to which it shall be submitted during the present session.
The Government of Italy and the Government of Colombia agree to
submit to arbitration the matters and claims above referred to for
the purpose of arriving at a settlement thereof as between the two
Governments.
To this effect, as soon as this protocol shall have obtained the
approval of the Congress of Colombia, the Governments of Italy and
of Colombia will join in asking His Excellency the President of the
United States of America to be pleased to accept the position of
arbitrator in the case and discharge the duties pertaining thereto
as a friendly act to both Governments.
As soon as the arbitrator, by his acceptance of the office, shall
have qualified himself to enter upon his functions, he shall become
vested with full power, authority, and jurisdiction to do and
perform, and to cause to be done and performed, all things, without
any limitation whatsoever, which in his judgment may be necessary or
conducive to the attainment in a fair and equitable manner of the
ends and purposes which this agreement is intended to secure.
And he shall thereupon proceed to examine and decide, according to
the documents and evidence that may be submitted to him by each of
the two Governments or by the claimant as one of the two parties
interested in the suit and the principles of public law, first,
which, if any, among the said claims of Sig. E. Cerruti against the
Government of Colombia be a proper claim or claims for international
adjudication; and secondly, which, if any, of the said claims of
Sig. E. Cerruti against the Government of Colombia be a proper claim
or claims for adjudication by the territorial courts of Colombia.
And respecting the claim or claims, if any, which in the judgment of
the arbitrator shall have the character of, and belong to, the first
class of claims above defined, the arbitrator shall proceed to
determine and to declare the amount of indemnity, if any, which the
claimant, Sig. E. Cerruti, be entitled to receive from the
Government of Colombia through diplomatic action. And regarding the
claim or claims of Sig. E. Cerruti, if any, which in the judgment of
the arbitrator shall possess the character of, and belong to, the
second class of claims above defined, the arbitrator shall so
declare them to be and shall take no further action in the matter of
such claim or claims.
The claims to which this protocol has reference shall be presented,
together with the documents and evidence in their support, to the
arbitrator and submitted to him not sooner than six calendar months
nor later than seven calendar months, reckoned from and after the
date of acceptance of the office of arbitrator by His Excellency the
President of the United States of America.
Each of the two parties interested in the suit shall defray the
expenses incurred on its individual authority or behalf; but all
expenses entailed by authority or with the sanction of the
arbitrator for the purpose of conveniently discharging his functions
or duties, or for the common benefit of both parties interested in
the suit, shall be borne equally between them.
The two Governments solemnly bind themselves to abide by the
decisions and awards of the arbitrator, which shall be final and
conclusive and not subject either to discussion or appeal. And they
further agree not to reopen negotiations or diplomatic discussions
on any point or points which the arbitrator may decide or dispose of
or which he may declare to have already been disposed of in
conformity with public law; nor upon any claim or claims of Sig. E.
Cerruti which the arbitrator may declare to have an internal and
territorial character.
In witness whereof His Excellency Baron Blanc, minister of foreign
affairs of His Majesty the King of Italy, and Don José Marcelino
Hurtado, envoy extraordinary and minister plenipotentiary of the
Republic of Colombia to His Majesty the King of Italy, hereunto
affix their signatures at Castellamare, Stabia, on this the 18th day
of August, in the year 1894.
Blanc. [l. s.]
J. M. Hurtado. [l. s.]
[Page 960]
The undersigned declare and acknowledge the foregoing to be a correct
and faithful English version of the original protocol as drawn and
executed in the Italian language.
Date ut supra.
The undersigned declares and acknowledges the foregoing to be a
correct copy of the protocol deposited at the Italian foreign
office,
Rome,
Rome, January 13,
1895.
[
seal.]
Blanc.
