As this permission has been delayed longer than was natural to expect,
and as it is possible that it may be delayed a few days longer, I
believe it practicable to inform you that I am disposed to sign the
protocol before the term of the present Administration expires without
the
[Page 378]
receipt of the
modification in question; but in this case it will be necessary to amend
Article II in the following terms:
Protocol of an agreement between the Secretary
of State of the United States and the envoy extraordinary and
minister plenipotentiary of the United States of Mexico for
submission to an arbitrator of the claims of Charles Oberlander
and Barbara M. Messenger.
[English text.]
The United States of America and the United States of Mexico, through
their representatives, Richard Olney, Secretary of State of the
United States of America, and Matias Romero, envoy extraordinary and
minister plenipotentiary of the United States of Mexico, have agreed
upon and signed the following protocol:
Whereas the United States of America, on behalf of Charles Oberlander
and Barbara M. Messenger, citizens of the United States of America,
have claimed indemnity from the Government of Mexico for injuries
alleged to have been done to the said Oberlander and Messenger by
Mexican citizens; and whereas the United States of Mexico deny the
allegations of fact upon which these claims are based and the right
of the United States of America to demand indemnity for either of
those parties, it is therefore agreed between the two Governments,
with the consent of the said Oberlander and Messenger, given through
their respective attorneys of record:
I.
That the questions of law and of fact brought into issue between the
two Governments in respect of these claims shall be referred to the
decision of Señor Don Vicente G. Quesada, minister of the Argentine
Republic at Madrid, who is hereby fully authorized thereto as
arbitrator.
II.
That each Government shall submit to the arbitrator, within three
months from the day on which both Governments shall receive official
notice from Señor Don Vicente G. Quesada that he accepts the office
of arbitrator by permission of his Government, copies of the
correspondence, documents, and proofs which it has already submitted
for the consideration of the other Government in respect of the two
claims; and that the arbitrator in making his award shall take into
consideration only such issues of law and fact as arise upon said
correspondence, documents, and proofs.
III.
That each Government may submit with the papers above described an
argument setting forth its own views of the two cases; but the
arbitrator shall not be authorized or required to hear oral
arguments or to call for new evidence, unless, after examining the
documents submitted to him, he may deem it necessary to call for
evidence or arguments elucidating a particular point not made clear
to him.
[Page 379]
IV.
The arbitrator shall render his decision within six months from the
date of the submission to him of the proofs, documents, etc., by
both parties. He shall decide on the proofs and arguments submitted
to him whether the said Oberlander or the said Messenger is or is
not entitled to any-indemnification on the part of the Government of
Mexico, and in case he shall decide this point affirmatively with
respect of both or either of the two claimants he will fix the
amount of the indemnity to which each or either is entitled: Provided, That the indemnity shall not in
either case exceed the sum demanded by each claimant in the papers
submitted by each to the United States.
V.
Reasonable compensation to the arbitrator and the other common
expenses occasioned by the arbitration shall be paid in equal
moieties by the two Governments.
VI.
Any award made by the arbitrator shall be final and conclusive, and
if in favor of the claimants or of either of them and of the
contention of the United States of America, the amount so awarded be
paid by the Government of Mexico as soon as appropriated by the
Mexican Congress, but not later than two years from the date of such
award.
Done in duplicate at
Washington
this 2d day of
March, 1897.
- Richard Olney.
- M. Romero.
