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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 5, 1898

Colombia,   pp. 245-273 PDF (2.4 MB)

Page 245

 Award of the President of the United States, under the protocol concluded
the eighteenth day ~f August, in the year one thonsand eight hundred and
ninety-four, between the Government of the Kin.9dom of Italy and the Government
of the Republic ot 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 Signor Ernesto Cerruti against the Government of Colombia
for losses and damages to his property in the State (how Department) of Cauca
in the said Republic, during the political troubles of 1885, and fbr 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 a 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 fbll power, authority,
and jurisdiction to do and perform and cause to be done amid 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.

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