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ARTICLE II.

In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Switzerland, by the Federal Council of the Swiss Confederation, with the advice and consent of the Federal Assembly.

ARTICLE III.

The present Convention is concluded for a period of five years, dating from the day of the exchange of the ratifications.

ARTICLE IV.

The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the Government of the Swiss Confederation in accordance with its constitution and laws.

The ratifications of this Convention shall be exchanged at Washington as soon as possible, and it shall take effect on the date of the exchange of its ratifications.

Done in duplicate in the English and French languages, at Washington, this twenty-ninth day of February, in the year 1908.

ELIHU Root (L.s.
L. VOGEL [L. S.]

TEXAS.

1838.

CLAIMS CONVENTION.

Concluded April 11, 1838; ratification advised by the Senate June 13,

1838; ratified by the President June 21, 1833; ratifications exchanged July 6, 1838; proclaimed July 6, 1838.

ARTICLES.

I. Indemnity to United States. II. Payment of indemnity.

| III. Ratifications.

Alcée La Branche, Chargé d'Affaires of the United States of America, near the Republic of Texas, acting on behalf of the said United States of America, and R. A. Irion, Secretary of State of the Republic of Texas, acting on behalf of the said Republic, have agreed to the following articles:

ARTICLE I. The Government of the Republic of Texas, with a view to satisfy the aforesaid reclamations for the capture, seizure, and confiscation of the two vessels aforementioned, as well as for indemnity to American citizens who have suffered injuries from the said Government of Texas, or its officers, obliges itself to pay the sum of eleven thousand seven hundred and fifty dollars ($11,750) to the Government of the United States of America, to be distributed amongst the claimants by the said Government of the United States of America.

ARTICLE II.

The sum of eleven thousand seven hundred and fifty dollars, ($11,750,) agreed on in the first art[icle,] shall be paid in gold or silver, with interest at six per cent., one year after the exchange of the ratifications of this convention. The said payment shall be made at the seat of Government of the Republic of Texas, into the hands of such person or persons as shall be duly authorized by the Government of the United States of America to receive the same.

ARTICLE III.

The present convention shall be ratified, and the ratifications thereof shall be exchanged in the city of Washington, in the space of three months from this date, or sooner if possible.

& The admission of Texas into the United States December 29, 1845, rendered the treaties concluded in 1838 obsolete.

In faith whereof the parties above named have respectively subscribed these articles, and thereto affixed their seals.

Done at the city of Houston on the eleventh day of the month of April, one thousand eight hundred and thirty-eight. [SEAL.]

ALCÉE LA BRANCHE. SEAL.

R. A. IRION.

1838.4

CONVENTION FOR MARKING BOUNDARY.

Concluded April 25, 1838; ratification advised by the Senate May

10, 1838; ratified by the President October 4, 1838; ratifications exchanged October 12, 1838; proclaimed October 13, 1838.

ARTICLES.

III. Ratification.

I. Boundary line. II. Jurisdiction.

Whereas the treaty of limits made and concluded on the twelfth day of January, in the year of our Lord one thousand eight hundred and twenty-eight, bet ween the United States of America on the one part and the United Mexican States on the other, is binding upon the Republic of Texas, the same having been entered into at a time when Texas formed a part of the said United Mexican States;

And whereas it is deemed proper and expedient, in order to prevent future disputes and collisions between the United States and Texas in regard to the boundary between the two countires as designated by the said treaty, that a portion of the same should be run and marked without unnecessary delay:

The President of the United States has appointed John Forsyth their Plenipotentiary, and the President of the Republic of Texas has appointed Memucan Hunt its Plenipotentiary;

And the said Plenipotentiaries, having exchanged their full powers, have agreed upon and concluded the following articles:

ARTICLE I.

Each of the contracting parties shall appoint a commissioner and surveyor, who shall meet, before the termination of twelve months from the exchange of the ratifications of this convention, at New Orleans, and proceed to run and mark that portion of the said boundary which extends from the mouth of the Sabine, where that river enters the Gulph of Mexico, to the Red River. They shall make out plans and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this convention, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary.

« Treaties with Texas rendered inoperative by admission of Texas into the United States.

ARTICLE II.

And it is agreed that until this line shall be marked out, as is provided for in the foregoing article, each of the contracting parties shall continue to exercise jurisdiction in all territory over which its jurisdiction has hitherto been exercised; and that the remaining portion of the said boundary line shall be run and marked at such time hereafter as may suit the convenience of both the contracting parties, until which time each of the said parties shall exercise, without the interference of the other, within the territory of which the boundary shall not have been so marked and run, jurisdiction to the same extent to which it has been heretofore usually exercised.

ARTICLE III.

The present convention shall be ratified, and the ratifications shall be exchanged at Washington, within the term of six months from the date hereof, or sooner if possible.

In witness whereof we, the respective Plenipotentiaries, have signed the same, and have hereunto affixed our respective seals.

Done at Washington this twenty-fifth day of April, in the year of our Lord one thousand eight hundred and thirty-eight, in the sixtysecond year of the Independence of the United States of America, and in the third of that of the Republic of Texas. (SEAL.]

JOHN FORSYTH. [SEAL.]

MEMUCAN HUNT.

TONGA.

1886.

TREATY OF AMITY, COMMERCE, AND NAVIGATION. Concluded October 2, 1886; ratification advised by the Senate, with

amendment, January 19, 1888, ratified by the President February 7, 1888; ratifications exchanged August 1, 1888; proclaimed September 18, 1888.

ARTICLES.

I. Amity.
II. Most favored nation privileges.
III. Trade privileges.
IV. Commerce and navigation; im-

ports.
V. Shipping charges.
VI. Coaling station in Tonga.
VII. Privileges to steam mail ships.

VIII. Whaling and fishing ships.
IX. Personal exemptions.

X. Deserters from ships,
XI. Consular officers.
XII. Consular jurisdiction.
XIII. Religious freedom,
XIV. Duration.
XV. Ratification,

The United States of America, and the King of Tonga, mutually desirous of maintaining and strengthening their relations and interests; have resolved to conclude a treaty of amity, commerce and navi

; gation; and to this end have empowered as their representatives: The President of the United States; George H. Bates, Special Commissioner of the United States to Tonga; And His Majesty, the King of Tonga; The Reverend Shirley Waldemar Baker, Premier of the Kingdom of Tonga; Who, after producing to each other their respective powers, have agreed upon the following Articles :

ARTICLE I.

There shall be perpetual peace and amity between the United States of America and the King of Tonga, his heirs and his successors.

ARTICLE II.

The citizens of the United States shall always enjoy, in the dominions of the King of Tonga, and Tongan subjects shall always enjoy in the United States, whatever rights, privileges and immunities are now accorded to citizens or subjects of the most-favored nation; and no rights, privileges or immunities shall be granted hereafter tó any foreign state or to the citizens or subjects of any foreign state by either of the High Contracting Parties, which shall not be also equally and unconditionally granted by the same to the other High Contracting Party, its citizens or subjects; it being understood that the Parties hereto affirm the principle of the law of nations that no

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