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3. In the event of no agreement being reached as to the umpire, each of the contracting parties shall name a candidate of different nationality from those of the persons proposed under the preceding paragraph. The selection of one of the two candidates so nominated for the office of umpire shall be decided by lot, unless the two contracting parties shall come to an agreement on the subject. The umpire shall preside at the court of arbitration, which shall decide by a majority of votes. On the first occasion of arbitration the court shall sit in the territory of the country decided by lot; in the second case it shall sit in the territory of the other country; and subsequently alternately in the territory of the two contracting parties in a place selected by the government of the country where the court is to meet. The necessary officers and staff shall be provided for the court by the government of the country in which it meets. Each of the contracting parties shall be represented before the court by one or more agents, who may be assisted by lawyers.

The proceedings shall be solely in writing, but, nevertheless the court shall be entitled to require verbal explanations from the agents of the two parties and to hear experts and witnesses if they shall deem such a course advisable. The costs of the arbitration shall be divided equally between the two contracting parties.

ARTICLE 23

The present treaty shall be ratified and the ratifications shall be exchanged at Lisbon as soon as possible. It shall come into force fifteen days after the exchange of ratification,1 and shall remain binding for a period of ten years. In case neither of the contracting parties shall have given notice to the other twelve months before the date of expiration of this period of their intention to terminate it, it shall remain in force until the expiration of one year from the day on which either of the contracting parties shall have denounced it.

As regards, however, the dominions, colonies, possessions, and protectorates which may have adhered to the present treaty in virtue of Article 21, either of the contracting parties shall have the right to terminate it separately at any time on giving twelve months' notice to that effect.

It is understood that the stipulations of the present and of the pre

1 See, however, Declaration of May 20, 1916, p. 142, infra.

ceding article referring to British dominions, colonies, possessions, or protectorates apply also to the Island of Cyprus.

In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereto their seals.

Done in duplicate at Lisbon, the 12th day of August, 1914.

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On proceeding to sign the Treaty of Commerce and Navigation concluded this day between the United Kingdom and Portugal the undersigned plenipotentiaries have made the following reservations and declarations, which shall form an integral part of the treaty:

Ad ARTICLE 17

It is understood that the provisions of Article 17 do not affect the right of either contracting party to require, by their internal legislation, the prior consent of the competent local authorities before foreign companies or associations can institute local branches or agencies for the carrying out of banking or assurance operations.

It is understood that the provisions of this treaty, which secure in Portugal most-favored-nation treatment to British goods and vessels, shall not apply to the special favors which Portugal accords, or may hereafter accord, to the goods or vessels of Spain or Brazil.

It is understood that this treaty shall not come into force until the sanction of the British Parliament for Article 6 has been obtained.1 The present protocol, which shall be considered as approved and sanctioned by the contracting parties without any other special ratification, by the sole fact of the exchange of the ratifications of the treaty to which it appertains, has been drawn up in duplicate at Lisbon the 12th August, 1914.

LANCELOT D. CARNEGIE.

ALFREDO AUGUSTO.
FREIRE DE ANDRADE.

1 See Declaration of May 20, 1916, p. 142, infra.

DECLARATION

The plenipotentiary of His Britannic Majesty on signing the treaty declares that the concession by His Majesty's Government in Article 6 is made only in return for improvement in the customs treatment of British goods by the Portuguese Government, and without prejudice to the views of the two contracting parties as to the proper interpretation to be placed on Article 4 of the Madrid Convention of the 14th April, 1891.1

In witness whereof the respective plenipotentiaries have signed the present Declaration.

DECLARATION

May 20, 1916

LANCELOT D. CARNEGIE.

ALFREDO AUGUSTO
FREIRE DE ANDRADE.

Exchange of Ratifications

The undersigned, having met together in order to proceed to the exchange of the ratifications of His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and his Excellency the President of the Portuguese Republic, of the Treaty of Commerce and Navigation between Great Britain and Portugal, signed at Lisbon on the 12th August, 1914, and having produced the instruments of these ratifications, which were found in order, to correspond, and drawn up in good and due form, made the following Declaration, which is hereby recorded in the present act with the same force as if it were annexed to the text of the treaty:

As soon as the Treaty of Commerce and Navigation between Great Britain and Portugal, signed at Lisbon on the 12th August, 1914, enters into force, the description "port" applied to wine the produce of Portugal imported into the United Kingdom shall be deemed to be a false description, for the purposes mentioned in Article 6 of the said treaty, if the wine is not accompanied by a certificate issued by the competent Portuguese authorities guaranteeing that, according to the terms of Portuguese law, the said description may be applied thereto.

1 See Treaty Series, No. 13 (1892).

This treaty shall not come into force until the sanction of the British Parliament for this Declaration has been obtained.1

In witness whereof the undersigned have drawn up the present Act, which they have signed in duplicate and affixed thereto their respective seals.

Done at Lisbon, this 20th day of May, 1916.

(L.S.) LANCELOT D. CARNEGIE,

Envoy Extraordinary and Minister Plenipotentiary.

(L.S.) AUGUSTO LUIS VIEIRA SOARES, Ministro dos Negocios Estrangeiros.

ADDRESS OF THE PRESIDENT OF THE UNITED STATES DELIVERED AT A

JOINT SESSION OF THE TWO HOUSES OF CONGRESS, APRIL 2, 1917 2 GENTLEMEN OF THE CONGRESS:

I have called the Congress into extraordinary session because there are serious, very serious, choices of policy to be made, and made immediately, which it was neither right nor constitutionally permissible that I should assume the responsibility of making.

On the third of February last I officially laid before you the extraordinary announcement of the Imperial German Government that on and after the first day of February it was its purpose to put aside all restraints of law or of humanity and use its submarines to sink every vessel that sought to approach either the ports of Great Britain and Ireland or the western coasts of Europe or any of the ports controlled by the enemies of Germany within the Mediterranean. That had seemed to be the object of the German submarine warfare earlier in the war, but since April of last year the Imperial Government had somewhat restrained the commanders of its undersea craft in conformity with its promise then given to us that passenger boats should not be sunk and that due warning would be given to all other vessels which its submarines might seek to destroy, when no resistance was offered or escape attempted, and care taken that their crews were given at 1 See Anglo-Portuguese Commercial Treaty Acts, 1914 and 1916 (5 Geo. V, cap. 1, and 6 and 7 Geo. V. cap. 39). The treaty came into force accordingly on Sept. 23, 1916. 2 H. Doc. No. 1, 65th Cong., 1st sess.

least a fair chance to save their lives in their open boats. The precautions taken were meager and haphazard enough, as was proved in distressing instance after instance in the progress of the cruel and unmanly business, but a certain degree of restraint was observed. The new policy has swept every restriction aside. Vessels of every kind, whatever their flag, their character, their cargo, their destination, their errand, have been ruthlessly sent to the bottom without warning and without thought of help or mercy for those on board, the vessels of friendly neutrals along with those of belligerents. Even hospital ships and ships carrying relief to the sorely bereaved and stricken people of Belgium, though the latter were provided with safe conduct through the proscribed areas by the German Government itself and were distinguished by unmistakable marks of identity, have been sunk with the same reckless lack of compassion or of principle.

I was for a little while unable to believe that such things would in fact be done by any government that had hitherto subscribed to the humane practices of civilized nations. International law had its origin in the attempt to set up some law which would be respected and observed upon the seas, where no nation had right of dominion and where lay the free highways of the world. By painful stage after stage has that law been built up, with meager enough results, indeed, after all was accomplished that could be accomplished, but always with a clear view, at least, of what the heart and conscience of mankind demanded. This minimum of right the German Government has swept aside under the plea of retaliation and necessity and because it had no weapons which it could use at sea except these which it is impossible to employ as it is employing them without throwing to the winds all scruples of humanity or of respect for the understandings that were supposed to underlie the intercourse of the world. I am not now thinking of the loss of property involved, immense and serious as that is, but only of the wanton and wholesale destruction of the lives of non-combatants, men, women, and children, engaged in pursuits which have always, even in the darkest periods of modern history been deemed innocent and legitimate. Property can be paid for; the lives of peaceful and innocent people cannot be. The present German submarine warfare against commerce is a warfare against mankind.

It is a war. against all nations. American ships have been sunk, American lives taken, in ways which it has stirred us very deeply to learn of, but the ships and people of other neutral and friendly nations.

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