The Government of the Kingdom of Italy and the Government of the Republic of Colombia desiring to put an end to the causes of disagreement which have arisen between them out of the claims of Mr. Ernesto Cerruti against the Colombian Government, for losses and for damages to his property in the State (now department) of Cauca in the said Republic, during the political troubles of 1884, and, further, desiring to justly settle the said claims;
His excellency, Baron Blanc, minister of foreign affairs of His Majesty the King of Italy, on the one hand, and Mr. José Marcellino Hurtado, envoy extraordinary and minister plenipotentiary of the Republic of Colombia to His Majesty the King of Italy, on the other hand, who are duly authorized by their respective Governments, have signed this protocol, subject to the approval of the Congress of Colombia, to which it shall be submitted at the present session.
The Italian Government and the Colombian Government agree to submit the aforementioned matters and claims to arbitration for the purpose of arriving at a systematization of the same in as far as they are pending between the two governments.
To this effect as soon as this protocol shall have been approved by the Congress of Colombia, they shall join in asking His Excellency the President of the United States of America to be pleased to accept the office of arbitrator in this case, and to perform the relative duties, as a friendly act toward both Governments.
As soon as the arbitrator, by accepting this office, shall have acquired title to enter upon his functions, he will be invested with full power, authority, and jurisdiction to do and to perform and to dispose that everything, without any limitation whatever, that in his own judgment may be necessary or conducive to the accomplishment in a right and just manner of the aims and the purposes which the present agreement is intended to secure shall be done and performed.
And he shall therefore proceed to examine and to decide, according to the documents and proofs which may be submitted to him by each of the two Governments, or by the claimant as one of the parties interested in the suit, and to the principles of public law, in the first place, which, if any, of the said claims of Mr. E. Cerruti against the Colombian Government form a claim or claims within the competence of an international judgment; and, in the second place, which, if any, of the claims of Mr. E. Cerruti against the Colombian Government form a claim or claims within the competence of the territorial courts of Columbia.
And as to what concerns the claim or claims, if there should be any, which in the judgment of the arbitrator shall have the character and shall belong to the first order of claims above defined, the arbitrator will proceed to determine and to declare the amount of the indemnity, if any, should be due to him, which the claimant, Mr. Cerruti, may have [Page 404]the right to receive from the Colombian Government through diplomacy. And as to what concerns the claim or claims of Mr. E. Cerruti, if there should be any, which in the judgment of the arbitrator shall have the character and shall belong to the second order of claims de fined, the arbitrator shall declare them such, and shall take no further action in the matter of such claim or claims.
The claims to which this protocol refers shall be presented, together with the documents and proof in their support, to the arbitrator and be submitted to him not before six calendar months nor after seven calendar months from and after the date of the acceptance of the office of arbitrator by His Excellency the President of the United States of America.
Each one of the two parties interested in the suit shall defray the expenses incurred by its individual authorization and in its interests; but all the expenses incurred by authorization or with the sanction of the arbitrator for the purpose of conveniently discharging his functions or duties, or for the advantage of both parties interested in the suit, shall be borne in equal parts by both.
The two Governments solemnly bind themselves to abide by the decisions of the arbitrator, which shall be final and conclusive and not subject to discussion or appeal. And they also agree not to reopen diplomatic negotiations or discussions on any point or points on which the arbitrator may have decided or settled, or which he may declare to have already been settled according to public law; nor upon any claim or claims of Mr. 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 Mr. José Marcellino Hurtado, envoy extraordinary and minister plenipotentiary of the Republic, of Colombia to His Majesty the King of Italy, affix their signatures to the present protocol, at Castellamare di Stabia, on the 18th of August of the year 1894.
|[l.s.]||J. M. Hurtado.|