(3) Pianos, large and small, harmoniums, organs, and every kind of musical instruments for bands or orchestras, 10 per cent. upon the invoice value. Accordions are excepted from this remission, which shall pay the 60 per cent. ad valorem levied upon other merchandise. (4) Panama hats in the proportion established by the tariff in force. Given at Santo Domingo, in the National Palace of the Government, capital of the Dominican Republic, on the 5th of August, 1891, the forty-eighth year of the independence and the twenty-eighth of the restoration. SANCHEZ, Minister of Finance and Commerce. U. HEUREAUX PROTOCOL Protocol of an agreement made between John W. Foster, Special Plenipotentiary of the United States, and Señor Don Manuel de J. Galvan, Envoy Extraordinary and Minister Plenipotentiary of the Dominican Republic, at the Department of State in Washington, June 4, 1891. In the act of exchanging the notes of this date which constitute the commercial arrangement between the United States of America and the Dominican Republic, it is agreed by and between the Undersigned that the Proclamation of the President of the United States and the Decree of the President of the Dominican Republic, to carry this arrangement into execution, shall be simultaneously published in the two Republics on the 1st day of August, 1891. In testimony whereof, we have interchangeably signed this Protocol this 4th day of June, 1891. JOHN W. FOSTER ARBITRATION OF OZAMA BRIDGE CLAIM Exchange of notes at Santo Domingo March 5 and 7, 1898 Entered into force March 7, 1898 Terminated upon fulfillment of its terms1 1898 For. Rel. 274 Mr. Powell to General Heureaux No. 15 LEGATION OF THE UNITED STATES EXCELLENCY: I have received by cable this evening instructions from my Government informing me that it has named Mr. Alfred Noble, engineer, to examine and finally determine value of Ozama Bridge concession and franchise; his compensation and expenses to be borne by your Government and claimant in equal proportions. You will kindly favor me, your excellency, in giving your assent to this proposition. I have, etc. W. F. POWELL General Heureaux to Mr. Powell MY DEAR SIR: DOMINICAN REPUBLIC DEPARTMENT OF FOREIGN RELATIONS Santo Domingo, March 7, 1898 At the hands of Gen. Ulises Heureaux I have received the letter which your honor kindly remitted to him of the date of yesterday under cover of my official address. Through an excess of courtesy that I consider unnecessary, but which is satisfactory to me, General Heureaux has requested me in his place to say to your honor that he agrees with entire contents of the letter, and particularly in that which regards the naming of Mr. Alfred Noble. I salute your honor, etc., ENRIQUE HEUREAUX 1 In a decision dated May 20, 1898 (for text, see 1898 For. Rel. 288), the United States was awarded $74,411.17. For an exchange of notes regarding procedure for payment, see ibid., p. 289. The Dominican Government, represented by Dr. Henriquez y Carvajal, Minister of Posts and Telegraphs, acting as Minister of Foreign Relations of said Government, party of the first part, and the Government of the United States of America, represented by Mr. W. F. Powell, Chargé d'Affaires of said latter Government before the Government of the Dominican Republic, party of the second part, being earnestly desirous of maintaining in all their splendor the good and cordial relations happily existing between the two Governments and of putting an end to the dispute raised in connection with the claim presented by the Legation of the United States of America on behalf of Madame Sala and other successors of the commercial firm of J. Sala & Co. of New York, for sums which the Dominican Government has acknowledged to owe to said firm as well as for other sums which relate to deals transacted at a former time by said firm with the late General U. Heureaux while the latter held the office of President of the Dominican Republic and which are likewise claimed of the Dominican Government, although the latter has been unable as yet to persuade itself that it really owes them, have agreed as follows: Firstly. The Dominican Government, keeping within the obligation assumed by it in the contract under date of December 30, 1898, signed by the Auditor General of the Treasury of the Republic and Mr. J. B. Vicini, hereby declares that it will pay to the aforementioned persons the value of the drafts mentioned in said contract, and it discharges the successors of J. Sala & Co. of New York of all manner of responsibility, with respect to the payment of the value of said drafts, toward the said successors of J. B. 1On Apr. 30, 1904, the arbitral tribunal awarded $215,812 to Emilia C. de Sala, surviving partner of the firm of J. Sala and Co. 'Not previously printed. Vicini or their assigns. The drafts herein referred to amount to a total value of $189,939.38 (one hundred and eighty-nine thousand nine hundred and thirty-nine dollars and thirty-eight cents gold), of which the said General Heureaux has already paid the sum of $41,783.33 (forty-one thousand seven hundred and eighty-three dollars and thirty-three cents gold), which reduces the original amount to $148,156.05 (one hundred and forty-eight thousand one hundred and fifty-six dollars and five cents gold). The Dominican Government therefore undertakes to procure, within the shortest possible period, an agreement signed by the heirs or successors of J. B. Vicini, according to which the successors of J. Sala & Co. shall be actually relieved of all responsibility for the payment of the aforementioned drafts and neither the successors of J. B. Vicini nor their assigns shall be able to begin or prosecute any judicial action against them in this regard. The Dominican Government also declares (them) relieved of all responsibility for the payment of a certain number of drafts issued by General U. Heureaux against the firm of J. Sala & Co. in the months of May, June, and July, 1898, and which, as shown in the statement appended to this Convention, amount to a total of $39,783.33 (thirty-nine thousand seven hundred and eighty-three dollars and thirty-three cents American gold). As regards draft No. 2461 in favor of Mr. P. A. Lluberes for the sum of $2,200 (two thousand two hundred dollars gold), not included in the contract of the Auditor General of the Treasury but also in possession of the successors of J. B. Vicini, the Government promises to make friendly overtures to said gentlemen in order to have it included in the settlement of the other drafts. Secondly. As the American Government, in order to prevent the impending commercial ruin and very grave injuries threatening the successors of J. Sala & Co. by reason of the delay in the payment of the aforesaid drafts by the Dominican Government, demands of the latter an immediate payment on the general account of the successors of J. Sala & Co., the Dominican Government, yielding to the pressure of the American Government, agrees to pay to the latter the sum of fifty thousand dollars as follows: Twenty-five thousand dollars to be paid within fifteen days following the signature of the present Convention, and the remaining twenty-five thousand dollars to be paid, within the period of ninety days from the date of receipt of the first twenty-five thousand dollars, in two equal installments of which the first shall be paid at the end of the first forty-five days and the second at the end of the ninety-day period. Thirdly. The two Governments agree that the balance found on March 31 last, amounting to one hundred and seventy-eight thousand seven hundred and six dollars and eighteen cents ($178,706.18) after deducting the foregoing sum of fifty thousand dollars from the total recognized by the Dominican Government as due the successors of J. Sala & Co. and inscribed since April 1900 in the Internal Floating Debt, on which total two cash payments were made during said year of 1900, shall be paid by the Dominican Government, in regular semiannual installments, within the period of twenty-five years, allowing interest at 3 per cent per annum. The American Government agrees to accept this form of payment and this moderate annual interest in consideration of the present critical financial situation of the Dominican Government and because it is desirous of thus aiding said Government in its efforts to relieve this situation while seeking to satisfy all creditors in an equitable manner. The Dominican Government, on its part, being desirous that the greatest advantages granted to other creditors of equal rank be granted to the successors of J. Sala & Co., agrees that, as long as the semiannual pro rata distributions of the amounts allotted or to be allotted in future to the payment of the Internal Floating Debt exceed the quota due each time to the successors of J. Sala & Co. in accordance with the above-stipulated payment and by reason of the balance and the twenty-five year period, it will apply such semiannual payments on the said Internal Floating Debt to the payment of principal and interest on the balance due the successors of J. Sala & Co. Fourthly. As regards the payment of the sum of two hundred and fifteen. thousand eight hundred and twelve dollars claimed by the American Government from the Dominican Government on account of supplies furnished to General U. Heureaux by Messrs. J. Sala & Co., since it is impossible for the latter Government to admit by any means that it owes this sum, for the reason that it paid it in due time to the said General U. Heureaux, the two Governments agree that this point shall be referred to arbitration. Both Governments therefore agree that the manner in which such arbitration is to take place shall be definitely arranged as soon as possible after the signature of the present Convention, it being understood that in case the award is against the Dominican Government the same rule shall be applied, to the payment of principal and interest of the sum which the latter Government may be sentenced to pay, as has been agreed upon in this Convention with regard to the balance already recognized as due the successors of J. Sala & Co. from the Dominican Government. Done in duplicate, in the city of Santo Domingo, capital of the Dominican Republic, signed by the undersigned, and sealed with the official seal of each party on April 28, 1902. |