Protocol., December 14, 1876

Protocol.

Whereas the commission for the adjustment of claims provided for by the convention between the United States and the Mexican Republic of the 4th of July, 1868, stipulates in its sixth article that the compensation to be paid to the umpire shall be determined by mutual consent at the close of the convention;

And whereas the said commission, though continued from time to time by subsequent conventions, has concluded its functions and come to a close;

And whereas the same article stipulates that the whole expenses of the commission, including contingent expenses, shall be defrayed by a ratable deduction on the amount of the sums awarded by that commission: Provided always, That such deduction shall not exceed five per cent, on the sums so awarded, the deficiency, if any, to be defrayed in moieties by the two governments:

Now, therefore, the undersigned, Hamilton Fish, Secretary of State, and Don Ignacio Mariscal, accredited to the Government of the United States as envoy extraordinary and minister plenipotentiary of the Mexican Republic, have this day met for a consideration of these subjects, and have determined that the compensation of the umpire aforesaid shall be at the rate of six thousand dollars a year. Consequently, deducting the advances made by each government to Dr. Lieber during the time of his service as umpire, there remains the sum of eighteen thousand five hundred and fifty dollars ($18,550) for compensation of the umpire, one-half payable by each government.

The advances and payments made to Dr. Lieber were six thousand one hundred and thirty-nine dollars and seventy-two cents ($6,139.72) paid by each government, in all twelve thousand two hundred and seventy-nine dollars and forty-four cents ($12,279.44).

The expenses of the commission contemplated in Article VI of the convention, including the contingent expenses, have amounted to one hundred and seventy-eight thousand seven hundred and thirty-eight dollars and forty-six cents ($178,738.46), equal to four per cent, and seventeen thousand nine hundred and ninety-two one hundred thousandths (4 17992/100000)of one per cent, on the total amount of awards on both sides.

The undersigned have also caused the account hereunto annexed to be stated, and have approved the same under their respective hands.