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4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch.
5. The provisions of this Article shall apply to waters adjacent to the canal, within 3 marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time, except in case of distress, and in such case, shall depart as soon as possible; but a vessel of war of one billigerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.
6. The plant, establishments, buildings, and all work necessary to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this Treaty, and in time of war, as in time of peace, sball enjoy complete immunity from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal.
ARTICLE IV. It is agreed that no change of territorial sovereignty or of the international relations of the country or countries traversed by the beforementioned canal shall affect the general principle of neutralization or the obligation of the High Contracting Parties under the present Treaty.
ARTICLE V. The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged at Washington or at London at the earliest possible time within six months from the date hereof.
In faith whereof the respective Plenipotentiaries have signed this Treaty and thereunto affixed their seals.
Done in duplicate at Washington, the 18th day of November, in the year of Our Lord one thousand nine hundred and one.
JOHN HAY SEAL.
TREATY AS TO IMPORT DUTIES IN ZANZIBAR. Concluded May 31, 1902; ratification advised by Senate June 30, 1902;
ratified by President July 22, 1902; ratifications exchanged October 17, 1902; proclaimed October 17, 1902. (U. S. Stats., vol. 32, p. 1959.)
I. Import duties.
III. Most favored nation treatment as to
The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar, have, for the purposes hereinafter stated, appointed their respective Plenipotentiaries, namely:
The President of the United States of America, the Honorable John Hay, Secretary of State of the United States of America; and
His Britannic Majesty, Arthur Stewart Raikes, Esquire, His Britannic Majesty's Chargé d'Affaires,
Who, after having communicated each to the other their respective full powers in good and due form, have agreed upon the following Articles:
Recognizing that it is just and necessary to facilitate to that portion of the dominions of His Higbness the Sultan of Zanzibar which is under the protection of Great Britain, and which is situated in the basin of the Congo, as defined by the General Act of the African Conference at Berlin of February 26th, 1885, the accomplishment of the obligations which it has contracted by virtue of the General Act of Brussels of July 2nd, 1890, the United States waives any objection on its part to the collection of import duties upon merchandise imported into that Protectorate.
The tariff of these duties, as provided in the Declaration of Brussels bearing the same date as the said General Act of Brussels, for the period of fifteen years next ensuing from that date, is not to exceed ten per centum of the value of the merchandise at the port of importation, except for spirits and for firearms and ammunition, which are regulated by the General Act of Brussels.
At the expiration of the said period of fifteen years, and in default of a new agreement, the United States will, with respect to this subject, be restored to the relations with the said Protectorate which existed prior to the Conclusion of this Convention, the right to impose thereafter import duties to a maximum of ten per centum upon merchandise imported into the said Protectorate remaining acquired to the latter so long only as it shall continue to comply with the conditions and limitations stated in this Convention.
The United States shall enjoy in the said Protectorate as to import duties all the advantages accorded to the most favored nation.
Neither differential treatment nor transit duty shall be established in said Protectorate.
In the application of the tariff régime of the said Protectorate, the formalities and operations of commerce shall be simplified and facilitated so far as possible.
Considering the fact that in Article 1 of this Convention the United States has given its assent under certain conditions to the establishment of import duties in that portion of the Dominions of His Highness the Sultan of Zanzibar which is under the protection of Great Britain, it is well understood that the said Protectorate assures to the flag, to the vessels, to the commerce, and to the citizens and inhabitants of the United States, in all parts of the territory of that Protectorate, all the rights, privileges and immunities concerning import and export duties, tariff régime, interior taxes and charges and, in a general manner, all commercial interests, which are or shall be accorded to the signatory Powers of the Act of Berlin, or to the most favored nation.
This Convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as may be and within twelve months from the date hereof.
Done in duplicate at Washington this thirty-first day of May, in the year of our Lord one thousand nine hundred and two.
[SEAL.] ARTHUR S RAIKES (SEAL.]
TREATY AS TO LIGHT AND HARBOR DUES IN ZANZIBAR.
Concluded June 5, 1903; ratification advised by Senate November 25, 1903; ratified by President December 8, 1903; ratifications erchanged December 24, 1903; proclaimed December 24, 1903. (U. S. Stats., vol. 33.)
I. Imposition of light and harbor dues. II!. Ratification.
Whereas it is provided by Article III of the Treaty of Amity and Commerce concluded September 21st 1833, between the United States of America and His Highness the Sultan of Muscat, which treaty was accepted by His Highness the Sultan of Zanzibar after the separation of that state from the jurisdiction of Muscat, that vessels of the United States entering any ports of the Sultan's dominions shall pay no more than five per centum duties on the cargo landed; and this shall be in full consideration of all import and export duties, tonnage, license to trade, pilotage, anchorage, or any other charge whatever;
And whereas no provision is made in the above mentioned treaty nor in any subsequent agreement for the payment of light and harbor dues in the dominions of His Highness the Sultan;
And whereas the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar are desirous, in the interest of commerce, of so amending the said Article III of the said Treaty of Amity and Commerce of September 21st 1833, as to permit the imposition of light dues at the rate of one anna upon every regis tered ton, with an added harbor due of one anna upon every registered ton, on vessels of the United States entering the ports in the islands of Zanzibar and Pemba;
Now, therefore, the High Contracting Parties have to that end resolved to conclude a convention, and have for this purpose appointed their plenipotentiaries, to wit:
The President of the United States of America, John Hay, Secretary of State of the United States; and
His Britannic Majesty, The Right Honorable Sir Michael H. Herbert, G. C. M. G., C. B., His Majesty's Ambassador Extraordinary and Plenipotentiary;
Who, having exhibited each to the other their respective full powers which were found to be in due and proper form, have agreed upon the following articles:
It is understood and agreed between the High Contracting Parties that nothing contained in said Article III of the said Convention of September 21st 1833, shall be construed as preventing the imposition on and collection from vessels of the United States entering any port in the islands of Zanzibar and Pemba of a light due of one anna per registered ton and an added harbor due of one anna per registered ton, His Britannic Majesty, acting in the name of His Highness the Sultan of Zanzibar, engaging that the light and harbor dues so imposed and collected shall be applied to the construction and mainte nce of lighthouses and buoys for the proper lighting of the coasts of the said islands.
It is further understood and agreed between the High Contracting Parties that the consent of the l'nited States to the imposition and collection of the light and harbor dues aforesaid is given on the conditions:
1. That really adequate lighthouses are provided and maintained; also that lights shall be placed upon the buoys when required by American vessels entering or leaving the harbor of Zanzibar at night.
2. That accounts of the receipts and expenditure of the dues are carefully kept and published.
3. That provision be made for the reduction of the dues if they should hereafter become disproportionate to the expenditure.
4. That the consent of all the other Powers having treaties with Zanzibar be given to the imposition of the said light and harbor dues on their vessels, and that vessels of the United States be subject to no differential treatment.
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 his Britannic Majesty, and the ratifications shall be exchanged in the City of Washington as soon as practicable.
In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals.
Done at the City of Washington, this fifth day of June, in the year one thousand nine hundred and three.
MICHAEL H. HERBERT [SEAL.] S. Doc. 318, 58-2-25
CONVENTION AS TO ALASKAN BOUNDARY.
Concluded January 24, 1903; ratification advised by Senate February
11, 1903; ratified by President February 24, 1903; ratifications exchanged March 3, 1903; proclaimed March 3, 1903.' (U. Š. Stats.,
, vol. 32, p. 1961.)
V. Meeting II. Procedure.
VI. Decision. III. Treaties considered.
VII. Ratification. IV. Questions to be decided.
The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, equally desirous for the friendly and final adjustment of the differences which exist between them in respect to the true meaning and application of certain clauses of the convention between Great Britain and Russia, signed under date of February 28'16, A. D. 1825, which clauses relate to the delimitation of the boundary line between the territory of Alaska, now a possession of the United States, and the British possessions in North America, have resolved to provide for the submission of the questions as hereinafter stated to a tribunal, and to that end have appointed their respective plenipotentiaries as follows:
The President of the United States of America, John Hay, Secretary of State of the United States; and
Nis Britannic Majesty, The Right Honorable Sir Michael H. Herbert, K.C. M.G.,C. B., His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary;
Who, after an exchange of their full powers which were found to be in good and due form, have agreed upon the following articles:
A tribunal shall be immediately appointed to consider and decide the questions set forth in Article IV of this convention. The tribunal shall consist of six impartial jurists of repute who shall consider judicially the questions submitted to them, each of whom shall first subscribe an oath that he will impartially consider the arguments and evidence presented to the tribunal and will decide thereupon according to his true judgment. Three members of the tribunal shall be appointed by the President of the United States, and three by His Britannic Majesty. All questions considered by the tribunal, including the final award, shall be decided by a majority of all the members thereof.
In case of the refusal to act, or of the death, incapacity or abstention from service of any of the persons so appointed, another impartial jurist of repute shall be forthwith appointed in his place by the same authority which appointed his predecessor.
The tribunal may appoint a secretary and a bailiff to perform such duties as they may prescribe, and may employ scientific experts if found to be necessary, and may fix a reasonable compensation for