Carnegie Endowment for International Peace DIVISION OF INTERNATIONAL LAW Pamphlet No. 1 ARBITRATIONS AND DIPLOMATIC SETTLEMENTS of the UNITED STATES PUBLISHED BY THE ENDOWMENT, WASHINGTON, D. C. 1914 Introductory Note From time to time the Carnegie Endowment for Inter¬ national Peace has been requested to furnish information concerning arbitrations to which the United States has been a party, and the frequency of these requests leads to the con¬ clusion that a statement of the arbitrations with a minimum of details and appropriate references would not only be of general interest, but would advance the cause of arbitration by showing how frequently and successfully it has been re¬ sorted to. The pamphlet has therefore been prepared for the purpose of giving in brief and summary form the arbi¬ trations to which the United States has been a party. It has been thought advisable to include diplomatic settlements which are in the nature of arbitral adjustments. References are given under each case to various publications which the student or reader may consult for more detailed informa¬ tion. A summary showing the pecuniary awards rendered is given at the close of the pamphlet. James Brown Scott, Director of the Division of International Law. Washington, D. C., April i, ip14. TABLE OF REFERENCES Alsop Arbitration. (Department of State Print.) Afnerican Journal of International Law. (Cited Am. J. Int. Law.) American State Papers, Foreign Relations [1789-1833]. (Cited Am. St. Paps., For. Reis.) British and Foreign State Papers. (Cited Brit, and For. St. Paps.) Calvo, Charles. Recueil historique complet des traites, etc., de tons 'les Etats de I’Amerique latine, depuis Vannee 1493 jusqu’a nos jours. Paris. 1869. (Cited Calvo. ) Chamizal Arbitration. (Department of State Print.) Clercq, A. J. H. de. Recueil des traites, conventions et actes diplo- matiques conclus par la France avec les puissances etrangeres. 22 vols. Paris. 1864-1904. (Cited Clercq.) Darby, W. Evans. International Tribunals. London. 1904. (Cited Darby.) Foreign Relations of the United States. (Cited For. Reis. U. S.) Hertslet, Edward and Lewis. Complete Collection of Treaties and Conventions. (Cited Hertslet.) La Fontaine, H. Pasicrisie Internationale. Berne. 1902. (Cited La Fontaine.) Malloy, William M. Treaties, Conventions, International Acts, Protocols and Agreements between the United States and Other Powers, 1776 - 1909 . (Cited Malloy.) Manuscripts of the Department of State. (Cited MSS., Dep’t of State.) Martens, G. F. de. Nouveau Recueil. (Cited Martens.) - Nouveau Recueil General de Traites, Deuxieme Serie. (Cited Martens, 2d Series.) Moore, John Bassett. History and Digest of International Arbitra¬ tions to Which the United States Has Been a Party. 6 vols. Washington. 1898. (Cited Moore.) - International Law Digest. 8 vols. Washington. 1906. (Cited Moore, Digest.) North Atlantic Coast Fisheries Arbitration. [Senate Document No. 870, 61st Cong., 3d Sess.] Report of R. C. Morris, agent of United States, United States and Venezuelan Claims Commission, 1903 . [Senate Document No. 317, 58th Cong., 2d Sess.] Senate Documents. (Cited S. Doc., etc.) Statutes at Large of the United States of America. (Cited Stat. L.) CONTENTS Page. Brazil. American Schooner “John S. Bryan”. 1 Brazilian Indemnity . 1 Whaleship “Canada” . 1 Chile. Schooner “’Macedonia” . 1 Whaleship “Good Return” . 1 Mutual Claims. 2 Alsop Claim . 2 China. Chinese Indemnity . 2 Ashmore Fishery Claim . 2 Boxer Indemnity of 1901 . 3 Colombia. “Panama Riot” Claims . 3 Steamer “Montijo” . 3 Costa Rica. Pecuniary Claims . 4 Denmark. Mutual Claims . 4 Carlos Butterfield & Company. 4 Dominican Republic. Ozama Bridge Case . 4 J. Sala & Company . 5 San Domingo Improvement Company. 5 Ecuador. Pecuniary Claims . 5 Santos Claim . 5 France. French Indemnity of 1831. 6 Mutual Claims . 6 Germany. Military Operations in Samoa. 6 Great Britain. St. Croix River Boundary. 6 Recovery of Debts . 7 Maritime Seizures and the Rights and Duties of Neutrals.. 7 Passamaquoddy Bay . 7 Northern Boundary . 7 Northeastern Boundary . 8 VI Contents Page. Great Britain— continued. Obligation as to Slaves. 8 Mutual Claims Which Had Arisen Since the Treaty of Ghent. 9 Hudson’s Bay and Puget’s Sound Agricultural Companies.. 9 “Alabama” Claims . 9 Civil War Claims . 9 Coast Fishery Rights . 10 San Juan Water Boundary . 10 Bering Sea Seal Fisheries . 10 Bering Sea Claims . 11 Alaskan Boundary . 11 North Atlantic Coast Fisheries ... 11 Pecuniary Claims . 11 Guatemala. Mutual Claims . 12 Haiti. Personal Claims .~. 12 Personal Claims . 12 Arbitrary Arrest and Imprisonment. 12 Illegal Seizure and Sale of Property. 13 Mexico. Personal Indemnities . 13 Mutual Claims . 13 Personal Injuries . 13 Pious Fund of the Californias.. 14 Chamizal Tract . 14 New Granada. (See Colombia.) Nicaragua. Illegal Seizures of “Buena Ventura” and “Alerta”. 14 Paraguay. United States and Paraguay Navigation Company. 15 Peru. Indemnity for Destruction of Property. 15 Maritime Captures . 15 Mutual Claims . 15 Mutual Claims . 15 Personal Injuries . 16 Portugal. Violation of Neutrality .. . 16 Delagoa Bay Railway Concession. 16 Russia. Seizure of Ships 16 Contents vii Page. Salvador. Confiscation of Gunpowder. 17 Salvador Commercial Company . 17 Siam. Military Assault on Vice-Consul. 17 Personal Injuries . 17 Spain. Maritime Captures . 18 East and West Florida Claims. 18 Claims of American Citizens under Treaty of 1819. 18 Claims Settlement of 1834 . 18 “Colonel Lloyd Aspinwall” . 19 Cuban Insurrection of 1868 . 19 Steamer “Virginius” . 19 Bark “Masonic” . 19 Two Sicilies. Neapolitan Indemnity . 19 Venezuela. Claims Settlement of 1852. 20 Aves Island Case, 1859 . 20 Pecuniary Claims . 20 Seizure of Ships . 20 Pecuniary Claims.. 21 Preferential Treatment of Blockading Powers. 21 Orinoco Steamship Company. 21 United States and Venezuela Company. 21 The Orinoco Corporation . 22 Summary . 23 ) Digitized by the Internet Archive in 2019 with funding from Columbia University Libraries https://archive.org/details/arbitrationsdiplOOunse ARBITRATIONS AND DIPLOMATIC SETTLEMENTS OF THE UNITED STATES Brazil American Schooner “John S. Bryan.” Seized in the Province of Para, Brazil, in June, 1836. Commissioners appointed October 15, 1842, to deter¬ mine amount of loss and damage suffered. Awarded the United States 26 contos of reis ($29,120). Diplo¬ matic Settlement. Moore, V, 4613; Darby, 779. Brazilian Indemnity. Long outstanding pecuniary claims were settled, under convention of June 27, 1849, by the appropriation by Brazil of 530,000 milreis ($595,600). Diplomatic Set¬ tlement. Moore, V, 4609; Malloy, 144; Darby, 896. Whaleship “Canada ” Indemnity for loss of ship and cargo through inter¬ ference of Brazilian officials in 1856. Settled by arbi¬ tration under protocol of March 14, 1870. Awarded United States $100,740.04. Arbitrator: Great Britain. Moore, II, 1733; V, 4687. Chile Schooner “Macedonia .” Loss of silver bullion taken from ship by Chilean admiral in 1821. Settled by arbitration under conven¬ tion of November 10, 1858. Awarded United States $42,400. Arbitrator: Belgium. Moore, II, 1449; V, 4689; Malloy, 183; La Fontaine, 35; Darby, 785; Brit, and For. St. Paps., vol. 49, p. 492. Whaleship “Good Return ” Detention by Chilean authorities in 1832. Settled by payment of $20,000 to the United States in 1874. Diplomatic Settlement. Moore, II, 1466; Darby, 799; La Fontaine, 221. Mutual Claims. Arose out of Chilean wars of 1879-82 and 1890-91. Settled in 1894, by arbitration by a mixed commis¬ sion under convention signed August 7 1892. Awarded the United States $240,564.35. No award to Chile. The commission under the convention hav¬ ing failed, through limitation, to conclude its task, leaving certain claims duly presented to it unadjudi¬ cated, a new convention was signed May 24, 1897, to renew the convention of August 7, 1892. The claims commission appointed under the convention of 1897 awarded $28,062 gold, in favor of the United States and $3,000 gold in favor of Chile. Commissioners (both commissions) : 1 United States, 1 Chile. Umpire: Switzerland. Moore, II, 1469; III, 2231; IV, 3255; V, 4691; Malloy, 185, 190; Darby, 820; For. Reis. U. S. (1888), I, 180; Martens, 2nd Series, XXII, 339; Brit, and For. St. Paps., vol. 84, p. 600; La Fontaine, 474. Alsop Claim. Breach of contract between Bolivia and Alsop Com¬ pany doing business in what is now Chilean territory, but at that time Bolivian territory. Settled by arbi¬ tration in 1911, under agreement signed December 1, 1909. Awarded United States $906,666.78. Amiable Compositeur: Great Britain. Alsop Arbitration (Dep’t of State) ; Am. J. Int. Law, V, 1079. China Chinese Indemnity. Destruction of property of American citizens in 1856. Settled under convention of November 8, 1858, China allotting the sum of $735,238.97. Award in favor of the United States only $489,187.95, but the Chinese Government refused to accept 'the surplus, which subse¬ quently was used in payment of other established claims against the Chinese Government. Diplomatic Settle¬ ments. Moore, V, 4627; Malloy, 232; Darby, 897; For. Reis. U. S. (1885), 183. Ashmore Fishery Claim. Dispossession of American citizen of a fishery in Chi¬ nese territory. Settled by arbitration May 24, 1884. 3 Awarded United States $4,600. Arbitrators: 1 Great Britain, 1 Netherlands. Moore, II, 1857; Darby, 805; La Fontaine, 601. Boxer Indemnity of 1901. Indemnity for losses and damages suffered by Ameri¬ can citizens and for expenses of military and naval operations of the United States arising out of the in¬ surrection of 1900. Under the provisions of the pro¬ tocol between China and the allied Powers, of September 7, 1901, and its annexes, the former Gov¬ ernment obligated itself to pay to the signatory governments certain indemnities,—that of the United States being placed at $24,000,000, gold. Since the signing of that protocol the United States has reduced its indemnity to $11,000,000, and remitted to the Chi¬ nese Government the $13,000,000 remaining of the orig¬ inal indemnity demanded. Diplomatic Settlement. Malloy, 2006; MSS., Dep’t of State; For. Rel. U. S. (1901), App.; 35 Stat. L., 577. Colombia “Panama Riot” Claims. Arising out of violation of rights acquired by the United States on the Isthmus of Panama under the treaty of 1846 with New Granada, and for damages arising out of a riot at Panama on April 15, 1856. Settled by mixed commission under convention of September 10, 1857. Awarded United States $496,235.47. Re¬ maining unadjudicated claims continued for later ad¬ judication. These latter settled in 1865-66 by a mixed commission under the convention dated February 10, 1864. Awarded the United States $88,367.19. Com¬ missioners (first commission) : 1 Mexico, 1 United States, Umpire: United States; (second commission) : 1 United States, 1 Colombia. Umpire: Great Britain. Moore, II, 1361, 1396; V, 4694; Darby, 783, 789; Brit, and For. St. Paps., vol. 47, p. 353; id., vol. 54, p. 1132; La Fontaine, 33, 620, Malloy, 319, 321. Steamer “Montijo.” Indemnity for capture and use by insurgents in April, 1871. Settled in 1875 by a mixed commission under 4 agreement of August 17, 1874. Awarded the United States $33,401. Commissioners: 1 United States, 1 Colombia. Umpire: Great Britain. Moore, II, 1421; V, 4698; For. Reis. U. S. (1875-76), 427; Darby, 799; Brit, and For. St. Paps., vol. 65, p. 619; La Fontaine, 209. Costa Rica Pecuniary Claims. Claims of American citizens for personal injuries and damages to property due to acts of Costa Rican author¬ ities. Settled in 1862, by arbitration by a mixed com¬ mission under the convention signed July 2, 1860. Awarded the United States $25,704.14. Commissioners: 1 United States, 1 Costa RicaC Umpire: Italy. Malloy, 346; Moore, II, 1551; V, 4701; Darby, 786; Brit, and For. St. Paps., vol. 50, p. 498; La Fontaine, 38. Denmark Mutual Claims. Arose out of detention and confiscation of merchant vessels and goods during the Napoleonic wars. Set¬ tled in 1833, under the convention of March 28, 1830, by a domestic commission composed of American citi¬ zens, Denmark having previously renounced her own claims and agreed to pay a total of $650,000 to Ameri¬ can claimants. Diplomatic Settlement. Darby, 894; Moore, V, 4549; Malloy, 377; Martens, VIII, 350; Brit, and For. St. Paps., vol. 17, p. 958; Am. St. Paps., For. Reis., Ill, 521. Carlos Butterfield & Company. Seizure and detention, in 1854-5, of vessels named Ben Franklin and Catherine Augusta. Settled in 1890, by arbitration under an agreement signed December 6, 1888. Claim rejected. Arbitrator: Great Britain. La Fontaine, 329; Malloy, 387; Darby, 814; Moore, II, 1185; V, 4710; Martens, 2nd Series, XV, 790; For. Reis. U. S. (1889), 151; Brit, and For. St. Paps., vol. 82, p. 756. Dominican Republic Osama Bridge Case. Claim arising out of seizure, by municipal authorities of Santo Domingo City, of a toll bridge owned by an American citizen under concessions from city govern¬ ment. Referred to arbitration under agreement con- 5 eluded by diplomatic correspondence in 1897-98. Awarded United States $74,411.17. Arbitrator: United States. Moore, Digest, VI, 729; For. Reis. U. S. (1898), 274. J. Sala & Company. Claim of American firm for supplies furnished to late President. Submitted to arbitration by agreement be¬ tween the firm and Dominican Government in January, 1903. Awarded United States $215,000. Arbitra¬ tors: United States and Bolivia. Darby, 904; MSS. Dep’t of State. San Domingo Improvement Company. Differences arose between the Dominican Government and certain American corporations. Under a protocol signed January 31, 1903, the companies withdrew from the Dominican Republic, and the question of indemnity was submitted to arbitrators. Award of $4,481,250 in favor of the United States. Arbitrators: 1 United States, 1 Dominican Republic. Umpire: United States. For. Reis. U. S. (1904), 270; Malloy, 414; Moore, Digest, VI, 523, 734. Ecuador Pecuniary Claims. Mutual claims of citizens of the two countries which arose out of various governmental acts. Settled in 1865 by a mixed commission under the provisions of the convention signed November 25, 1862. Awarded United States $94,799.56. Commissioners: 1 United States, 1 Ecuador. Umpire: Venezuela. Moore, II, 1569; V, 4711; Darby, 787; Malloy, 432; Brit, and For. St. Paps., Vol. 54/p. 1121; La Fontaine, 40. Santos Claim. Illegal arrest in December, 1884, of Santos, an Ameri¬ can citizen, who was charged with complicity in the revolution. Settled by arbitration in September 22, 1896, under convention signed February 28, 1893. Awarded United States $40,000. Arbitrator: Great Britain. Moore, II, 1579; V, 4713; Malloy, 438; Darby, 820; Martens, 2nd Series, XXII, 375; For. Reis. U. S. (1896), 103; Brit, and For. St. Paps., vol. 86, p. 1174; vol. 88, p. 552; La Fontaine, 449. 6 France French Indemnity of 1831. Mutual claims arising out of depredations at sea during the Napoleonic wars. Settled in 1836, under a con¬ vention signed July 4, 1831, by the provisions of which the French Government agreed to pay the sum of 25,000,000 francs and the United States to pay to France the sum of $1,500,000. Diplomatic Settlement. Malloy, 523; Darbv, 894; Moore, V, 4447; Am. St. Paps., For. Reis., Ill, 25, 80, 244, 324; V, 152, 204, 642, 672. Mutual Claims. Claims for compensation for injuries sustained by the citizens of both countries during the Mexican War of 1863, the American Civil War, and the Franco-German War of 1870. Settled in 1884, by a mixed commis¬ sion under a convention signed January 15, 1880. Awarded the United States 13,659.14 francs; awarded against the United States $625,566.35. Commissioners: 1 United States, 1 France. Umpire: Brazil. Moore, II. 1133; V, 4715; Darby, 801; Martens, 2nd Series, VI, 493; IX, 700; Clercq, XII, 519; XIV, 42, 132; La Fontaine, 227; Malloy, 535. Germany Military Operations in Samoa. Claims for damages resulting from military op¬ erations of Great Britain and the United States in bombarding Apia in 1899. Settled in 1902 by arbitration, under a convention signed November 7, 1899. Awarded Germany as against the United States and Great Britain £50,000, of which one- half, £25,000 ($121,500), was paid by the United States. Arbitrator: Sweden and Norway. Malloy, 1589; Darby, 835; MSS. Dep’t of State; La Fontaine, 613. Great Britain St. Croix River Boundary. Controversy as to what river was intended under the name of the river St. Croix mentioned in the Treaty of Peace of 1783. Settled by arbitration by a commis¬ sion in 1798, under treaty signed November 19, 1794. Award in favor of the United States. Commissioners: 7 1 United States, 1 Great Britain. Umpire: United States. Malloy, 593; Moore, I, 1; V, 4720; Darby, 769; Hertslet, IX, 761; La Fontaine, 1. Recovery of Debts. Arose out of acts of certain States which passed laws impeding the recovery of sums of money by British subjects prior to the war of the revolution. Settled finally by convention signed January 8, 1802, under the terms of which the United States agreed to pay to Great Britain the sum of $2,664,000, the total claim. The mixed commission originally appointed under the treaty of 1794, composed of 5 commissioners (3 Great Britain and 2 United States), had been unable to reach an agreement. Diplomatic Settlement. Malloy, 594, 610; Moore, V, 4727. Maritime Seizures and the Rights and Duties of Neutrals. Mutual claims arising from losses and damages sus¬ tained by irregular and illegal captures or condemna¬ tion during the revolution. Settled by arbitration by a commission in 1804, under Article VII, of the treaty of November 19, 1794. Awarded the United States $11,656,000; awarded Great Britain $143,428.14. Com¬ missioners: 2 United States, 2 Great Britain. Umpire: United States. Darby, 770; Moore, I, 299; V, 4720; La Fontaine, 4; Am. St. Paps., For. Reis., I, 140, 184, 239, 315, 401, 430, 472. Passamaquoddy Bay. Question of ownership of certain islands in the Bay. Settled by arbitration by a commission under Article IV of the treaty signed December 24, 1814. Award divided ownership with preponderance against the United States. Commissioners: I United States, 1 Great Britain. Moore, I, 45; V, 4728; Darby, 772; Brit, and For. St. Paps., vol. 4, p. 805; Vol. 5, p. 198; Martens. II, 76; Am. St. Paps., For. Reis., I, 92; II, 584; IV, 171, 808; Malloy, 614. Northern Boundary. Boundary along the middle of the Great Lakes, etc., to the water communication between Lakes Huron and 8 Superior; also boundary to the Lake of the Woods. Under Articles VI and VII, of the treaty signed De¬ cember 24, 1814, the questions were referred to a joint commission for arbitration, which, however, disagreed The questions were finally settled under Articles VI and VII of the Webster-Ashburton Treaty, signed Au¬ gust 9, 1842. Commissioners: 1 United States and 1 Great Britain, disagreed. Diplomatic Settlement. Am. St. Paps., For. Reis., II, 584; III, 164; IV, 808; La Fontaine, 15; Brit, and For. St. Paps., vol. 57, p. 803; Moore, I, 162, 171; V, 4728; Darby, 772; Malloy, 612. Northeastern Boundary. Controversy over the boundary of the United States from the source of the river St. Croix to the river St. Lawrence. Under Article V, of the treaty of December 24, 1814, provision was made for a commis¬ sion to determine this boundary. The commission, however, was unable to agree and finally adjourned April 13, 1822. The question was then referred to the arbitration of the King of The Netherlands under treaty of September 29, 1827. Award rendered Jan¬ uary 10, 1831, but was not decisive. The boundary was finally settled by the Webster-Ashburton Treaty of 1842. Diplomatic Settlement. Moore, I, 65; V, 4728; Darby, 772; Martens, VII (pt. 2), p. 491; Hertslet, XVIII, 1249; Am. St. Paps., For. Reis., II, 584; III, 162; IV, 647, 808; V, 50; Brit, and For. St. Paps., vol. 15, p. 469; vol. 22, p. 772; vol. 23, p. 404; vol. 24, p. 1179; vol. 25, p. 903; vol. 27, p. 821; La Fontaine, 8; Malloy, 615. Obligation as to Slaves. Controversy respecting the true intent and meaning of Article I of the Treaty of Ghent of December 24, 1814, respecting the restoration of, or compensation for, slaves in territory in possession of British at time of ratification of that treaty, which territory was to be re¬ stored to the United States. Settled by arbitration, de¬ cision being rendered April 22, 1822, under the conven¬ tion of October 20, 1818. Award in favor of the United States. The amount of compensation was not fixed by this award, but was left to a mixed commission under a convention signed July 12, 1822, which rendered its decision November 13, 1826. Awarded the United 9 States $1,204,960. Arbitrator: Russia. Commissioners: 2 United States, 2 Great Britain. Moore, I, 350; V, 4733; Darby, 775; Am. St. Paps., For. Reis., Ill, 735; IV, 106, 376; V, 214; La Fontaine, 17, 619; Malloy, 631, 634. Mutual Claims Which Had Arisen Since the Treaty of Ghent. Settled in 1854 by a mixed commission under a con¬ vention signed February 8, 1853. Awarded the United States $329,734.16; awarded Great Britain $277,102.88. Commissioners: 1 Great Britain, 1 United States. Um¬ pire: Great Britain. Moore, I, 391; IV, 4349; Darby, 782; Malloy, 664; La Fon¬ taine, 31. Hudson s Bay and Puget's Sound Agricultural Companies. Claims of these British companies on account of appro¬ priation of lands once possessed by them in territories of Oregon and Washington. Settled by arbitration in 1865, under the treaty signed July 1, 1863. Awarded title of the land to the United States upon payment of cash consideration of $650,000 to Great Britain. Commissioners: 1 United States, 1 Great Britain. Um¬ pire: United States. Moore, I, 237; V, 4749; Darby, 788; La Fontaine, 44; For. Reis. U. S. (1871-72), 532; Malloy, 688. “Alabama” Claims. Claims of American citizens for compensation for losses and damages occasioned by acts of the Alabama and other privateers fitted out in British waters. Set¬ tled in 1872, by arbitration by a mixed commission under Articles 1-11 of the treaty of May 8, 1871. Awarded United States $15,500,000. Commissioners: 1 United States, 1 Great Britain, 1 Italy, 1 Switzerland, and 1 Brazil. Moore, I, 495; Darby, 794; Malloy, 701, footnote; La Fontaine, 138. Civil War Claims. Mutual claims of subjects arising out of military operations during the Civil War. Settled in 1873, by arbitration by a mixed commission under Articles 12-17 of the treaty signed May 8, 1871. 10 Awarded Great Britain $1,929,819. Commissioners: 1 United States, 1 Great Britain. Umpire: Italy. Moore, I, 683; III, 2201; Darby, 795; Malloy, 705, footnote; Martens, 2nd Series, I, 37; Hertsiet, XIV, 1180; La Fon¬ taine, 144. Coast Fishery Rights. Controversy as to pecuniary compensation due Great Britain in consideration of the greater value of fishing privileges conferred by Great Britain on the United States under Articles 18-21 of the Treaty of Washing¬ ton. Settled in 1878 by arbitration by a mixed com¬ mission under Articles 22-25 of the Treaty of Wash¬ ington, signed May 8, 1871. Awarded Great Britain $5,500,000. Commissioners: 1 United States, 1 Great Britain, 1 Belgium. Moore, I, 703; V, 4751; Darby, 795; Moore, Digest, I, 799; Malloy, 708, footnote; Hertsiet, XIV, 1185; La Fontaine, 148. San Juan Water Boundary. Dispute as to the boundary line through the channel separating the continent from Vancouver Island. Set¬ tled in 1872, by arbitration under Articles 34-37 of the Treaty of Washington. Award in favor of United States. Arbitrator: Germany. Moore, I, 196; V, 4756; Darby, 796; Malloy, 716; Brit, and For. St. Paps., vol. 50, p. 796; vol. 55, pp. 743, 1211, 1284; vol. 56, p. 1406; vol. 59, p. 21; vol. 62. p. 188; La Fontaine, 149; Martens, XX, 775. Bering Sea Seal Fisheries. Controversy as to the jurisdictional rights of the United States in the Bering Sea. Settled in 1893 by arbitra¬ tion under the convention signed February 29, 1892. Award against the United States in the matter of ownership of the seals outside of the maritime jurisdic¬ tion and in favor of the United States to the extent that necessity for regulation was admitted. Arbitra¬ tors: 2 United States, 2 Great Britain, 1 France, 1 Italy, 1 Norway and Sweden. Moore, I, 755; II, 2123; V, 4759; Darby, 819; Malloy, 746; Martens, 2nd Series, XVIII, 592; XXII, 557; Hertsiet, XIX, 925; For. Reis., U. S. (1890), 358; (1891), 530, La Fontaine, 422. 11 Bering Sea Claims. Claims of British subjects for seizure and detention of vessels and sailing fleets prior to 1892 in Bering Sea waters outside of the maritime limit. The United States in 1894 offered to pay, subject to consent of Con¬ gress, $425,000 in full settlement. This was accepted by Great Britain. Congress did not appropriate the money and a mixed commission was appointed under a convention signed February 8, 1896, to determine the exact amount of damages in the case. Awarded Great Britain, December 17, 1897, $473,151.26. Ccnnmission- ers: 1 Great Britain, 1 United States. Moore, I, 960; II, 2123; V, 4764, 5067; Darby, 825; Malloy, 766; Hertslet, XX, 935; La Fontaine, 520, Alaskan Boundary. Controversy as to the boundary between Alaska and the Dominion of Canada. Settled in 1903 by arbitration by a joint commission under the convention signed Janu¬ ary 24, 1903. Award largely in favor of the United States. Arbitrators: 3 United States, 3 Great Britain. Malloy, 787; Darby, 908; S. Doc. No. 162, 58th Cong., 1st Sess. North Atlantic Coast Fisheries. Controversy as to the rights of American citizens in North Atlantic Coast waters, granted by Article 1 of the convention of October 20, 1818. Settled in 1910, by arbitration by the Permanent Court at The Hague under a special agreement signed January 27, 1909. Award on five of the seven questions favorable to the United States; on the other two questions a compromise. Arbitrators: 1 United States, 1 Great Britain, 1 Aus¬ tria, 1 Netherlands, 1 Argentine R-epublic. Moore, I, 426; V, 4747; La Fontaine, 437; Malloy, 835; North Atlantic Coast Fisheries Arbitration (Dep’t of State). Pecuniary Claims. By an agreement signed August 18, 1910, certain out¬ standing claims were referred to arbitration, as recom¬ mended by article 38 of the Hague Convention of Oc¬ tober 18, 1907. The arbitration is still pending. Arbi¬ trators: 1 United States, 1 Great Britain, 1 France. S. Doc. No. 1063, 62d Cong., 3d Sess., p. 50. 12 Guatemala Mutual Claims. Arising out of a contract between the Government of Guatemala and a citizen of the United States concern¬ ing the building of the Guatemala Northern Railroad and for damages caused by civil and military authori¬ ties of Guatemala. Settled by Arbitrator under agree¬ ment of February 23, 1900. Award of $143,750.73 in favor of United States. Arbitrator: Great Britain. Moore, Digest, VI, 730; For. Reis. U. S. (1900), 648; Malloy, 871. Haiti Personal Claims. Arising out of charges against American citizens of piracy and traffic in slaves, and the non-execution of a contract in connection with a government concession for a bank. Settled by arbitrator under protocol of May 24, 1884. Award of $174,750, in favor of the United States, set aside by Department of State. Arbi¬ trator: United States. Moore, II, 1749; V, 4768; Darby, 806; For. Reis. U. S. (1887), 630; Malloy, 932, 935; Martens, 2nd Series, XI, 798; Brit, and For. St. Paps., vol. 75, p. 382; La Fontaine, 245. Personal Claims. Damages sustained during a riot at Port au Prince. September, 1883. Settled by a mixed commission un¬ der verbal agreement of January 25, 1885. Award of $5,700 in favor of the United States. Commission¬ ers: 2 United States, 2 Haiti. For. Reis. U. S. (1883), 594; (1885), 500; Moore, II, 1859. Arbitrary Arrest and Imprisonment. Arrest and imprisonment of an American citizen and denial of legal rights at Port au Prince in 1884. Settled by arbitrator under protocol of May 24, 1888. Award of $60,000 in favor of the United States. Arbi¬ trator: United States. Darby, 813; Malloy, 935; Moore, II, 1807; V, 4770; For. Reis. U. S. (1884), 316; (1885), 498; (1888, pt. 1), 984, 1007; La Fontaine, 301. 13 Illegal Seizure and Sale of Property. Claim for seizure and sale of property belonging to American citizen by the Government of Haiti, and for breach of contract. By agreement of October 18, 1899, referred to arbitrator. Award of $23,000 in favor of the United States. Arbitrator: United States. Malloy, 936; Darby, 835; Brit, and For. St. Pans., vol. 92, p. 461. Mexico Personal Indemnities . Claims of United States citizens for damages suffered during numerous revolutions. All claims referred by convention of April 11, 1839, to an arbitral commission. Awarded United States, $671,798.08. Remaining unad¬ judicated claims referred to another commission by convention of January 30, 1843. War with Mexico in¬ tervened, and at the close of the war the United States, in consideration of territory ceded by Mexico under the treaty of February 2, 1848, agreed not only to pay the liquidated claims under the conventions of 1839 and 1843, but also to discharge Mexico from all claims of citizens of the United States not heretofore decided against the Mexican Government and to make satisfac¬ tion for the same to an amount not exceeding three and one-quarter million dollars. For this purpose the United States established a board of commissioners whose awards amounted to $3,208,314.96. Diplomatic Set¬ tlements. Moore, IT, 1209; V, 4771; Darby, 778; Malloy, 1101, 1105, 1107; La Fontaine, 21; MSS. Dep’t of State. Mutual Claims. Various claims and counter-claims which had arisen since the Treaty of Guadalupe Hidalgo in 1848. Settled by a mixed commission under a convention dated July 4, 1868. Awards, $4,125,622.20 in favor of the United States, $150,498.41 in favor of Mexico. Commissioners: 1 United States, 1 Mexico. Umpire: Great Britain. Moore, II, 1287; V, 4773; Darby, 791; Malloy, 1128; Calvo, II, 570; La Fontaine, 70. Personal Injuries. Suffered by American citizens at the hands of Mexican agents in 1892. Settled by arbitrator under 14 a special convention of March 2, 1897. Award in favor of Mexico. Arbitrator: Argentine Republic. Malloy, 1180; Darby, 828; For. Reis. U. S. (1897), 378; Brit, and For. St. Paps., vol. 90, p. 1252; La Fontaine, 558. Pious Fund of the Californios. Claim advanced by and on behalf of prelates of the Roman Catholic Church of California against Mexico for annual interest in arrears on a certain fund known as the “Pious Fund of the Californias.” Settled by Permanent Court at The Hagiie under the protocol of May 22, 1902. Award of permanent future annual interest of $43,050.99, Mexican money, and arrears amounting to $1,420,082.67, Mexican money (approx¬ imately $710,041.33., United States money), in favor of the United States. Arbitrators : 1 Great Britain, 1 Russia, 2 Netherlands, 1 Denmark. Malloy, 1194; Darby, 901; MSS. Dep’t of State. Chamizal Tract. Controversy over the ownership of a tract of land situ¬ ated on the Rio Grande River near El Paso, Texas. Submitted to a mixed commission in 1911, under agreement signed June 24, 1910. Award indecisive and question is still subject of diplomatic negotiation. Commissioners: 1 United States, 1 Mexico. Umpire: Great Britain. Chamizal Arbitration (Dep’t of State) ; Am. J. Int. Law, IV, 925; V, 709, 782-832. Nicaragua Illegal Seizures of e( Buena Ventura ,f and “Alerta.” Seizure and detention by Nicaraguan authorities of the two steam launches Buena Ventura and Alerta be¬ longing to American citizens. Also claim of an American company for seizure of certain goods be¬ longing to it. Settled by an arbitrator under an agreement signed March 22, 1900. Award of $8,- 365.94, in favor of the United States. Arbitrator: United States. Malloy, 1290; Darby, 837; La Fontaine, 616. 15 Paraguay United States and Paraguay Navigation Company. Confiscation of property rights, interference with the business and expulsion of the company from the coun¬ try. Settled by a commission under convention of Feb¬ ruary 4, 1859. Award in favor of Paraguay. Com¬ missioners: 1 United States, 1 Paraguay. Moore, II, 1485; V, 4781; Malloy, 1362; Darby, 785; Brit, and For. St. Paps., vol. 49, p. 485; La Fontaine, 37, 620. Peru Indemnity for Destruction of Property. Seizure and destruction of property by the Peruvian Government. By a convention signed March 17, 1841, the Peruvian Government agreed to pay the United States 300,000 “hard dollars,” to be distributed among the claimants in a manner prescribed by the United States Congress. The United States Congress directed the Attorney General to adjudicate the claims. Award of $421,432.41 in favor of the United States. Diplo¬ matic Settlement. Moore, V, 4591; Darby, 895; Malloy, 1386. Maritime Captures. Illegal capture and confiscation of two American ships, Lizzie Thompson and Georgiana, in January, 1858. Settled by arbitrator under agreement of December 20, 1862, in that the arbitrator declined to act, and his reasons given for such declination convinced the United States that its claim was untenable. Claim withdrawn by United States. Arbitrator: Belgium. Moore, II, 1593; V, 4785; Malloy, 1406; Darby, 787; Brit, and For. St. Paps., vol. 54, p. 1123; La Fontaine, 41. Mutual Claims. Settled by mixed commission under convention signed January 12, 1863. Awards in favor of United States, $57,196.23 ; in favor of Peru, $25,300. Commissioners: 2 United States, 2 Peru. Umpire: Colombia. Moore, II, 1615; V, 4786; Malloy, 1408; Darby, 788; Brit, and For. St. Paps., vol. 54, p. 1124; La Fontaine, 43. Mutual Claims. Various claims arising since 1863. Settled by an arbi¬ tral commission under convention of December 4, 1868. i 16 Awards in favor of the United States, $194,417.62; in favor of Peril, $57,040. Commissioners: 1 United States, 1 Peru. Umpires: 1 Great Britain, 1 Colombia, acting by lot. Moore, II, 1639; V, 4788; Darby, 792; Malloy, 1411; Brit, and For. St. Paps., vol. 59, p. 268; La Fontaine, 79. Personal Injuries. Damages claimed by an American citizen who was arrested, fined and deprived of his occupation during Revolution of 1885. Settled by arbitrator under the agreement of May 17, 1898.^ Award of $40,000 in favor of the United States. Arbitrator: Great Britain. Malloy, 1443; Darby, 832; La Fontaine, £12. Portugal Violation of Neutrality. Alleged non-fulfilment of neutral duty in permitting destruction of American ships by British fleet in Por¬ tuguese waters. Settled by arbitrator under the treaty of February 26, 1851. Award in favor of Portugal. Arbitrator: France. Moore, II, 1071; V, 4791; Malloy, 1458; Darby, 781: Brit, and For. St. Paps., vol. 42, p. 1378; vol. 45, p. 465; Clercq., VI, 237; La Fontaine, 30. Delacjoa Bay Railway Concession. Seizure and confiscation in 1889 of railroad conces¬ sions held by American and British citizens under grant from the Portuguese Government. Submitted to arbi¬ tration by exchange of notes on August 13, 1890, and a protocol dated June 13, 1891. Award, in favor of the United States and Great Britain, of 15,314,000 francs, Swiss money, in addition to £28,000 paid on account in 1890. Total award, $3,091,682, of which the United States received $412,619.28. Arbitrators: 3 Switzerland. Moore, II, 1865; Malloy, 1460; Darby, 816; La Fontaine, 397. Russia Seizure of Ships. Capture of American fishing vessels in the Bering Sea within seven miles of the Asiatic coast by Rus¬ sian cruisers. Settled by arbitration under a protocol 17 signed September 8, 1900. Awards of $114,670 in favor of the United States. Arbitrator: Nether¬ lands. Malloy, 1532; Darby, 837; La Fontaine, 618, 645. Salvador Confiscation of Gunpowder. In September, 1851, an American citizen imported gunpowder into Salvador and had disposed of a part of it when, in 1852, the sale of gunpowder was de¬ creed a government monopoly. Claimant was unable to dispose of the balance of powder he had on hand and the same was confiscated by the government. Claim settled by arbitration under an agreement of May 4, 1864. Award of $4,497.50 in favor of United States. Arbitrators: 3 Latin America. Moore, II, 1855; Darby, 789. Salvador Commercial Company. Claims of Salvador Commercial Company arising out of alleged appropriation of certain rights conceded to it by the Government of Salvador. Submitted to arbitration under protocol dated December 19, 1901. Award of $537,178.64, in favor of the United States. Commissioners: 1 United States, 1 Salvador. Umpire: Great Britain. Malloy, 1568; Darby, 901. Siam Military Assault on Vice-Consul. Attack on the American Vice-Consul by Siamese sol¬ diers, on November 19, 1896. In 1897 the question was submitted to arbitration. Award in favor of United States, requiring Government of Siam to publish offi¬ cial regrets. Commissioners: 1 United States, 1 Siam. Moore, II, 1862; Darby, 831; La Fontaine, 604 Personal Injuries. Claim of an American citizen for seizure and sale of personal property by the Siamese Government in 1889. Settled by arbitration under protocol of an agreement 18 dated July 26, 1897. Award of $196,713.36 in favor of the United States. Arbitrator: Great Britain. Moore, II, 1899; V, 5068; Darby, 831; S. Doc. No. 180, 54th Cong., 2nd Sess.; For. Reis. U. S. (1897), 479; La Fontaine, 579. Spain Maritime Captures. Claims against Spain for depredations committed upon American ships during the war between Spain and France. Settled by commission under the treaty of Oc¬ tober 27, 1795. Award of $325,440,075 in favor of the United States. Commissioners: 1 United States, 1 Spain. Umpire: United States. Moore, II, 991; V, 4796; Malloy 1640; Darby, 770; La Fon¬ taine, 79; Am. St. Paps., For. Reis., I, 45, 48, 277, 533; II, 283; IV, 530. East and West Florida Claims. Indemnity to Spanish subjects for injuries received during operations of the American army in Florida, under Article 9 of the treaty of February 22, 1819. By act of Congress of March 3, 1823, claimants were remitted to the superior courts of St. Augustine and Pensacola, the judges thereof being authorized to form a tribunal. The sum eventually paid by the United States was $1,024,741.44. Diplomatic Settlement. Moore, V, 4519; Malloy, 1651; Darby, 893; Am. St. Paps., For. Reis., I, 63; II, 564; III, 538; IV. 422, 776. Claims of American Citizens under Treaty of i 8 ip. Payment by the United States of claims of its own citizens then existing against Spain, under Article 11 of the treaty. Award $5,000,000. Diplomatic Settle¬ ment. Domestic Commission. Moore, V, 4487; Malloy, 1651; Darby, 893; La Fontaine, 7. Claims Settlement of 1834 . Indemnities to various American claimants, provision for the payment of which was made by Spain in a convention signed February 17, 1834. Distribution of $549,850.28, made by United States to claimants, January 31, 1838. Diplomatic Settlement. Moore, V, 4533; Malloy, 1659; Darby, 895; Brit, and For. St. Paps., vol. 18, p. 2. 19 “Colonel Lloyd Aspinwall " Seizure and detention by Spain, in 1870, of the American steamer Colonel Lloyd Aspinwall. Settled by arbitra¬ tion commissioners under exchange of notes dated May 25, 1870, and June 16, 1870. Award of $19,702.50 in gold in favor of the United States. Commissioners: 1 United States, 1 Spain. Moore, II, 1007; Darby, 793 ', La Fontaine, 154. Cuban Insurrection of 1868 . Claims for wrongs inflicted upon American citizens during Cuban insurrection of 1868. Settled by mixed commission under the diplomatic agreement of Febru¬ ary 12, 1871. Award of $1,293,450.55 in favor of the United States. Commissioners: 1 United States, 1 Spain. Umpires: 1 Austria, 1 France, 1 Italy, 1 Sweden and Norway. (Changed because of resignations.) Moore, II, 1019; V, 4802; Malloy, 1661; Darby, 794; Martens, 2nd Series, I, 19; La Fontaine, 134, 640. Steamer “Virginius Indemnity demanded for outrages inflicted on officers and crew of the steamer while in Cuban waters. By an agreement of February 27, 1875, Spain agreed to pay $80,000. Diplomatic Settlement. Malloy, 1664. Bark “MasonicA Seizure and detention of American ship Masonic at Manila in 1879. Settled by arbitrator under agreement by mutual notes, signed at Madrid, February 28, 1885. Award of $51,674 in favor of the United States, which was $2,600 in excess of the amount claimed. Arbitra¬ tor: Italy. Moore, II, 1055; For. Reis. U. S. (1885), 678; Darby, 808; La Fontaine, 281. Two Sicilies Neapolitan Indemnity. Claims arising out of depredations on American ves¬ sels during Napoleonic wars. By the convention of October 14, 1832, the King of the Two Sicilies agreed to pay the United States 2,115,000 Neapolitan ducats in settlement. Awards rendered in 1835 of $1,- 20 925,034.68 in favor of the United States. Diplomatic Settlement. Moore, V, 4575; Darby, 894; Am. St. Paps., For. Reis., IV, 160; Malloy, 1804. Venezuela Claims Settlement of 1832 . Indemnity for capture and confiscation, in 1818-19 and 1827, of certain American vessels. By the conven¬ tion of May 1, 1852, Venezuela agreed to pay the Uni¬ ted States $90,000. Diplomatic Settlement. Malloy, 1842. Aves Island Case, 1839 . Claims for damages caused by eviction of American citizens from the island by Venezuelan authorities. By the convention of January 14, 1859, Venezuela agreed to pay the United States $130,000. Diplomatic Settlement. Malloy, 1843. Pecuniary Claims. Outstanding claims of American citizens against the Government of Venezuela were submitted to mixed arbitration commissions by the conventions of April 25, 1866, December 5, 1885, March 15, 1888, and October 5, 1888. Award of $980,572.60 in favor of the United States. Commissioners: 1 United States, 1 Vene¬ zuela. Umpire: First commission, Venezuela; second commission, United States. Malloy, 1856, 1858, 1865, 1866, 1867, note; Moore, II, 1659; V, 4808. Seizure of Ships. Claims arising from seizure of American ships and imprisonment of crews by the Venezuelan Govern¬ ment. Settled by mixed commission under conven¬ tion signed January 19, 1892. Award of $141,800 in favor of the United States and $300 in favor of Vene¬ zuela. Commissioners: 1 United States, 1 Venezuela. Umpire: Sweden and Norway. Moore II, 1693; III, 2238; V, 4818; Malloy, 1868; Darby 818; Martens, 2nd Series, XXII, 263; La Fontaine, 420. 21 Pecuniary Claims. Various claims of citizens of the United States. Settled by mixed commission under protocol of Feb¬ ruary 17, 1903. Award of $2,313,711.3/1 in favor of the United States. Commissioners: 1 United States, 1 Venezuela. Umpire: Netherlands. Malloy, 1870; Darby, 909; Report of Robert C. Morris, Agent. Preferential Treatment of Blockading Powers. Contention of Great Britain, Germany and Italy in 1903 that those countries should receive payment of obligations of Venezuela prior to payment of obliga¬ tions owing to other Powers. Referred to Permanent Court of Arbitration at The Hague under protocols of agreements of May 7, 1903, between Great Britain, Germany, Italy, and Venezuela to which United States assented under date of May 27, 1903. Settled by award of February 22, 1904, in favor of the block¬ ading Powers. Arbitrators: 2 Russia, 1 Austria. Malloy, 1872. Orinoco Steamship Company. Arose out of decision by umpire of the claim of this company presented to the mixed commission of 1903 between the United States and Venezuela. Two ques¬ tions were presented: First, question of reopening the arbitral decision; second, claim for an amount addi- . tional to the $28,000 awarded by the umpire in the case before the mixed commission. Settled by award dated October 25, 1910, of the Permanent Court of Arbitration at The Hague, under a protocol signed February 13, 1909. Decision in favor of the United States on both points in that the original award was opened and a new award of $90,000 rendered, which included the $28,000 awarded by the mixed commis¬ sion. Arbitrators: 1 Cuba, 1 Belgium. Umpire: Aus¬ tria. Malloy, 1881; MSS. Dep’t of State. United States and Venezuela Company. By a protocol signed August 21, 1909, certain conces¬ sions held by this company were released to the Gov¬ ernment of Venezuela, which agreed to pay to the United States $475,000. All claims between Venezuela and the company were declared satisfied. Diplomatic Settlement. Malloy, 1887. The Orinoco Corporation. By a protocol signed September 9, 1909, the concession held by this company was released to the Government of Venezuela, which agreed to pay to the United States the sum of $385,000. All claims between Venezuela and the company were declared satisfied. Diplomatic Settlement. Malloy, 1889. 23 SUMMARY COUNTRY Awards or settle¬ ments in favor of United States. Awards or settle¬ ments against United States. Awards or settle¬ ments favoring all parties. TOTAL AWARDS In favor of United States Against the United States Brazil. 3 $ 725,460.04 Chile. 3 1 1,237,693.13 $ 3,000.00 China. 3 ll,739,838.97 a Colombia .... 3 618,003.66 Costa Rica.... 1 25,704.14 Denmark. 1 1 650,000.00 Dominican Republic • • • 3 4,770,661.17 Ecuador. 2 134,799.56 France . 2 4,827,636.21 2,125,566.35 Germany ..... 1 121,500.00 Great Britain • • 4 5 8 b 28,690,694.16 11,637,501.28 Guatemala.... 1 143,750.73 Haiti . 4 263,450.00 Mexico. 1 1 3 4,835,663.53 c 3,358,813.37 d Nicaragua .... 1 8,365.94 Paraguay .... 1 Peru . 2 1 2 713,046.26 82,340.00 Portugal. 1 1 412,619.28 Russia .. 1 114,670.00 Salvador. 2 541,676.14 Siam . 2 196,713.36 Spain. 6 2 2,320,117.40 6,024,741.44 e Two Sicilies •. 1 1,925,034.68 Venezuela • • • • 7 1 1 4,606,083.97 300.00 52 14 17 $69,501,682.33 $23,353,762.44 Grand Total of Awards.$92,855,444.77 In favor of the United States - -$69,501,682.33=74.8 per cent. Against the United States • • - -$23,353,762.44=25.2 per cent. a. Of the total amount recovered from China, $11,000,000 repre¬ sents the indemnity finally exacted by the United States on account of the Boxer Insurrection of 1900. Of this sum, $2,000,000 was allot¬ ted by the State Department to claimants; $2,000,000 more was re¬ served by Congress to settle any additional amounts which might be found due claimants through determination of damages by 24 the Court of Claims; and $7,000,000 represents the combined esti¬ mated cost of the insurrection to the War and Navy Departments. b. Of the eight cases listed under this heading, two were mutual pecuniary claims arbitrations in which the United States recovered $11,985,734.16 and Great Britain $2,350,350.02, a recovery by the Uni¬ ted States of $9,635,384.14 more than Great Britain. Thus these two arbitrations might properly be classed as won by the United States rather than under the heading as listed. Of the six remaining arbitrations and settlements under this head, two were boundary dis¬ putes, finally settled by treaty, which may be termed compromises generally satisfactory to both sides; one a boundary dispute decided largely against the United States; one a boundary dispute (the Alaskan Boundary), which was almost entirely in favor of the United States; one a question of interpretation of treaty rights (North Atlantic Coast Fisheries), in which the United States won five out of the seven questions submitted and, as a final result of the arbitration, practically gained its contentions as to the other two questions in controversy; and one is still pending. c. Of the amount listed under this head, $710,041.33 ($1,420,082.67 Mexican money) represents a recovery by the United States in what is known as the “Pious Fund Case.” The decision also re¬ quired the Government of Mexico to pay to the United States the sum of $43,050.99 (Mexican money) annually in perpetuity. In computing the total amounts recovered this latter annual payment has not been considered. d. Of the total amount listed as recovered by Mexico from the United States, viz: $3,358,813.37, the sum of $3,208,314.96 does not really represent an award against the United States; it represents the amount of indemnity demanded by citizens of the United States who held claims against the Government of Mexico at the con¬ clusion of the Treaty of Guadalupe Hidalgo of February 2, 1848. In consideration of a large tract of land ceded by Mexico under the terms of the treaty, the United States assumed the payment of these claims. e. $5,000,000 of this sum was paid by the United States to its own citizens under Treaty of 1819.