Mr. Sherman to Señor Rengifo.
Washington, May 5, 1897.
Sir: I have the honor to acknowledge the receipt of a communication which, under date of the 1st instant, you have addressed to me [Page 251] informing me that your Government has approved and adopted the protest which you made in behalf of your Government in a communication of March 3, 1897, to my predecessor against the fifth paragraph of article of the award of the President of the United States as arbitrator under the protocol of August 18, 1894, between the Government of the Kingdom of Italy and the Government of the Republic of Colombia. It further appears from your note that you are instructed “to ask the rectification in toto of said fifth article,” and that the minister of Colombia at Rome has been instructed to invite the Government of Italy to join in asking the reconsideration of said article.
The President of the United States, whether he be the individual who acted as arbitrator or his successor in office, became, under any circumstances, functus officio, so far as the arbitration was concerned, upon the rendition of his award, and could not undertake to reopen the arbitration and reconsider the award under any just view of the powers conferred upon him as arbitrator by the protocol under which he acted. Should the parties to the arbitration invite the reconsideration of the award in question, in whole or part, or request its interpretation in any respect, that could only be accomplished by a new submission and arbitration.
This circumstance precludes me from considering in any way the statements made by you in support of the protest of your Government against the said fifth article of President Cleveland’s award. Your note of the 1st instant, as well as the preceding note of March 3, addressed to my predecessor, will be placed on record for convenient reference and the proper effects should a joint request for a new arbitral proceeding be made by the parties to the original arbitration in the manner you foreshadow.
Accept, etc.,