Award of the President of the United States, under the protocol concluded the eighteenth day of August, in the year one thousand eight hundred and ninety-four, between the Government of the Kingdom of Italy and the Government of the Republic of Colombia.
This protocol, concluded August 18th, 1894, between the Kingdom of Italy and the Republic of Colombia, was entered into for the purpose of putting an end to the subjects of disagreement between the two governments growing out of the claims of Sign or Ernesto Cerruti against the Government of Colombia for losses and damages to his property in the State (now Department) of Cauca in the said Republic, during the political troubles of 1885, and for the further purpose of making a just disposition of said claims. By the terms of the protocol each government agreed to submit to arbitration the matter and claims above referred to for the purpose of arriving at it settlement thereof as between the two governments, and they joined in asking me, Grover Cleveland, President of the United States of America, to accept the position of arbitrator in the case and discharge the duties pertaining thereto as a friendly act to both governments, vesting in me full power, authority, and jurisdiction to do and perform and cause to be done and performed all things without any limitation whatsoever which in my judgment might be necessary or conducive to the attainment in a fair and equitable manner of the ends and purposes the agreement is intended to secure.
Pursuant to the terms of the said protocol, the two governments, and the claimant, Signor Ernesto Cerruti, as one of the two parties interested in the suit, have submitted to me within the time specified in said protocol the documents and evidence in support of their several asserted rights.
Now, therefore, be it known that I, Grover Cleveland, President of the United States of America, upon whom the functions of arbitrator have been conferred as aforesaid, having duly examined the documents and evidence submitted by the respective parties pursuant to the provisions of said protocol, and having considered the arguments addressed to me in relation thereto, do hereby decide and award:
- I.
- That the claims made by Signor Ernesto Cerruti against the Republic of Colombia for losses of and damages to the real and personal property owned by him individually in the said State of Cauca, and the claims of said Signor Ernesto Cerruti for injury sustained by him by reason of losses of and damages to his interest in the firm of E. Cerruti & Company, are proper claims for international adjudication.
- II.
- That the claim submitted to me by Signor Ernesto Cerruti for personal damages resulting from imprisonment, arrest, enforced separation from his family, and sufferings and privations endured by himself and family is disallowed. I therefore make no award on account of this claim.
- III.
- The claim of Signer Ernesto Cerruti for moneys expended and obligations incurred for legal expenses in the preparation and prosecution of this claim, including former and present proceedings, is disallowed by me.
- IV.
- I award for losses and damages to the individual property of Signor Ernesto Cerruti in the State of Cauca and to his interest in the copartnership of E. Cerruti & Company, of which he was a member, including interest, the net sum of sixty thousand pounds sterling, of which sum ten thousand having already been paid, the Government of the Republic of Colombia will, in addition, pay to the Government of the Kingdom of Italy, for the use of Signor Ernesto Cerruti, ten thousand pounds sterling thereof within sixty days from the date hereof, and the remainder, being forty thousand pounds, within nine months from the date hereof, with interest from the date of this award at the rate of six per cent per annum until paid, both payments to be made by draft payable in London, England, with exchange from Bogota at the time of payment.
- V.
- It being my judgment that Signor Ernesto Cerruti is, as between himself and the Government of the Republic of Colombia, which I find has by its acts destroyed his means of liquidating the debts of the copartnership of E. Cerruti & Company, for which he may be held personally liable, entitled to enjoy and be protected in the net sum awarded him hereby, I do, under the protocol which vests me 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 my judgment, may be necessary or conducive to the attainment in a fair and equitable manner of the ends and purposes which the protocol is intended to secure, decide and adjudge to the Government of Colombia all rights, legal and equitable, of the said Senor Ernesto Cerruti in and to all property, real, personal, and mixed, in the Department of Cauca, and which has been called in question in this proceeding; and I further adjudge and decide that the Government of the Republic of Colombia shall guarantee and protect Signor Ernesto Cerruti against any and all liability on account of the debts of the said copartnership, and shall reimburse Senor Ernesto Cerruti to the extent that he may be compelled to pay such bona fide copartnership debts duly established against all proper defences which could and ought to have been made, and such guaranty and reimbursement shall include all necessary expenses for properly contesting such partnership debts.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[seal.]
By the President of the United States:
Richard Olney,
Secretary of State.