TX Cornell University Law Library THE GIFT OF Date.....^^^...?/'..../.?5.0. Cornell University Library JX 1987 .A4 1920 Treaties for the advan'^^KlilmilmHii^ll''^ 3 1924 017 535 620 \H' Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017535620 Publications of the Carnegie Endowment for International Peace Division of International Law Washington TREATIES FOR THE ADVANCEMENT OF PEACE TREATIES FOR THE ADVANCEMENT OF PEACE BETWEEN THE UNITED STATES AND OTHER POWERS NEGOTIATED BY THE HONORABLE WILLIAM J. BRYAN, SECRETARY OF STATE OF THE UNITED STATES WITH AN INTRODUCTION BY JAMES BROWN SCOTT Director of the Division of International Law of the Carnegie Endowment for International Peace NEW YORK OXFORD UNIVERSITY PRESS AMERICAN BRANCH: 35 West 32nd Street LONDON, TORONTO, MELBOURNE, AND BOMBAY 1920 O ^ HLLa, COPYRIGHT 1920 BY THE CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE 2 Jackson Place Washington, D, C. PREFATORY NOTE This publication comprises all the treaties for the advancement of peace which were negotiated by Mr. Bryan while he was Secretary of State of the United States.. It is divided into two sections. Part I contains the perfected treaties. Part II the unperf ected treaties. All of the original texts, English and foreign, are included in this print, with the exception of the Chinese and Greek treaties, for which there is only an English text. A table showing the present status of the treaties is added for the convenience of the reader, and, as evidence of the elasticity of Mr. Bryan's peace plan, an appendix contains the original text and an English translation of a similar tripartite treaty which has been negotiated by Argentine, Brazil and Chile. James Brown Scott, Director of the Division of International Law. Washington, D. C, July 9, ipi8. CONTENTS PAGE Introduction xi Letter of Secretary of State Bryan to the Honorable W. J. Stone, Chair- man of the Committee on Foreign Relations of the United States Senate, August 1, 1914 xlviii Secretary Bryan's Peace Plan (editorial in the American Journal of In- ternational Law, 1914) liii The Bryan Peace Treaties (editorial in the American Journal of Inter- national Law, 1916) Ix Pabt I. — Perfected Treaties for the Advancement of Peace, concluded BETWEEN the UnITED StATES AND Bolivia 1 Brazil S Chile 10 China IS Notes exchanged May 11-19, 1916 18 Costa Rica 20 Denmark 24 Ecuador 28 France 34 Notes exchanged November 10, 1915 40 Great Britain 41 Notes exchanged November 3, 1915 44 Guatemala 45 Notes exchanged November 3, 1915 49 Honduras 50 Italy 54 Notes exchanged September 18, 1915 58 NoT-way 60 Notes exchanged January 7-12, 1915 65 Paraguay ^ Notes exchanged November 16-22, 1915 69 Peru 71 Portugal • 7^ Notes exchanged November 16, 1915 • 79 Russia ^° Spain 85 Notes exchanged November 16-20, 1915 90 X CONTENTS PAGE ' Sweden 92 Notes exchanged November 16, 1915 97 Uruguay 98 Part II. — Unperfected Treaties with Argentine Republic 105 Dominican Republic 110 Greece 115 Netherlands 117 Nicaragua 121 Panama 125 Persia 129 Salvador 131 Switzerland 136 Venezuela 140 Supplemental protocol 144 Table showing the Status of Treaties for the Advancement of Peace, WITH reference TO EvERY NATION 146 Appendix Treaty between Chile, Argentine, and Brazil to facilitate the peaceful solu- tion of international controversies I47 INTRODUCTION Wars may arise from a variety of causes which well-nigh baffle and of pretexts which actually defy classification. No difference is too trifling for war if the nations in controversy wish war; none is too great for peace if the nations concerned desire peace. As a great statesman and wise counselor of our day has aptly said : the dispute is nothing; the spirit in which we approach it is everything. But the spirit must needs be aided; the passion which obscures the issue must be appeased; the fire must not be fanned into flame; the con- flagration, if it can not for the moment be extinguished, must be con- fined. All this takes time, and if time is lacking, peace is doomed. Therefore, when direct negotiations of the parties have failed, the interposition of some new means, such as the good offices or mediation of third parties, tends to prolong discussion and to avert the break; the reference of the dispute to the award of arbiters not only pre- vents the break, but leads to adjustment; the submission of the con- troversy to a court of justice, if one there be, decides the difference according to principles of law and enables the litigants to go their several ways without resorting to arms and disturbing the peace of the community of nations. But time must be given, the means must be at hand; the agencies can not be created in the storm and stress of controversy; the door must be wide open, whether it lead to the chancellery of a third Power, as in the case of good offices or media- tion ; to the chamber of compromise, as in the case of arbitration, or to the court room, in the case of a justiciable dispute. In controversies between nations, a refusal to accept good offices or mediation at the hands of third parties, a rejection of a proposal to arbitrate, an unwillingness to employ judicial means in an appro- priate case, indicate a readiness to proceed to extremes, and coupled with the demand on either side of a settlement within a short period, such as forty-eight hours, for example, can only be looked upon as a declaration of war to become effective at the expiration of the time limit. Therefore, any existing agency which prevents the final break is to be commended; any new agency which procures time for the parties and brings an enlightened public opinion from without to bear upon the issue is to be welcomed. Xn INTRODUCTION In addition to direct negotiation between nations in dispute, the First Hague Peace Conference of 1899 recognized good offices and mediation, commissions of inquiry and arbitration as methods of set- tling international differences which direct negotiations between the contending parties, technically called diplomacy, had failed to adjust. The Second Conference of 1907 added to these agencies judicial set- tlement, without, however, hitting upon an acceptable method of appointing the judges, and thus constituting the proposed court in which the causes between nations were to be decided by due process of law, as are ordinary suits between man and man. Mr. Bryan's treaties for the advancement of peace, of which thirty were negotiated and signed by him as Secretary of State, twenty- nine advised and consented to by the Senate, and twenty actually proclaimed by the President, aim to supplement, not to supplant exist- ing agencies by bringing to discussion any and all outstanding differ- ences, not adjusted by these or other agencies, iii the belief that the immediate and therefore the ultimate danger of war would be averted through an agreement of the parties to refrain from hostilities pending investigation, for which a twelvemonth is allowed, by a careful discus- sion before a permanent commission of five members, in which each of the contending countries is represented by a citizen or subject of its own choice, created in advance of the dispute or existing at its out- break. Such treaties would facilitate settlement by ascertaining the facts and suggesting the principle of solution, even although the report of the commission should not bind the parties or decide the controversy. Let us briefly consider these different phases of peaceable settlement in order to see the nature and scope of the Bryan plan and its place in the peace movement. First, of good offices and mediation. By the Pacific Settlement Convention of 1899, drafted by the Hague Peace Conference of that year, composed of official representatives of twenty-six nations, and recommended for adoption to those and all other civilized nations forming the society of nations, increased to forty-four in 1907, the nations agreed "to use their best efforts to insure the pacific settlement of international differences" in order to obviate "as far as possible recourse to force in the relations between States." INTRODUCTION XUl To render this agreement effective they further agreed, "in case of serious disagreement or conflict, before an appeal to arms . . ., to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers." Here is a clean cut, definite agreement weakened if not rendered nugatory by the clause "as far as circumstances allow," by virtue of which one or other of the Powers decides for itself whether the circumstances of the particular case allow a recourse to good offices or mediation. This is a right which the States always possessed, but the Russian Government was able to assert in justification of the provision that in the forty years succeeding the Congress of Paris "there has not been a single case where the States in controversy have addressed a request for mediation to neutral States."^ Therefore, the express approval of it in this Convention was of vast importance, as the approval of the principle by all the States, as distinct from a progressive few, even although no State was bound unless it wanted to be. But the Convention does not stop here ; it goes further and takes a step in advance by recommending "that one or more Powers, strangers to the dispute, should, on their own initiative, and as far as circum- stances may allow, offer their good offices or mediation to the States at variance" ; that "Powers, strangers to the dispute, have the right to offer good offices or mediation, even during the course of hostilities." It further specifically provides that "the exercise of this right can never be regarded by one or the other of the parties in conflict as an un- friendly act." To the captious critic this seems a small matter, as States possessed this right before and exercised it at their pleasure and in their dis- cretion. True, but the clauses in question constitute an approval of such action, on their part, which they were admittedly free to take and a recommendation that it be done "as far as circumstances may allow," that is to say, if the offer would not in their opinion be hopeless, or, in other words, if the offer is one which they would be prepared to consider if made to them instead of by them. Again the Convention recommends that the offer be made "even dur- ing the course of hostilities," and wisely, as nations are often as em- barrassed to stop hostilities as they were anxious to begin them, and 1 Proceedings of the First Hague Peace Conference, part 1, p. 123 ; Scott, Reports to the Hague Conferences of 1899 and 1907 (1917), p. 96. XIV INTRODUCTION inclined to welcome a proposal which a belligerent would not care to make lest its motives be questioned and it be accused of weakness or inability to carry on the war. But admitting that nothing new is created by these provisions which represent the practice of nations when minded to give a word of advice or lend a helping hand, the next succeeding provision at least removes an objection, if it does not add a right, inasmuch as it provides that the offer is not to be regarded by one or other of the parties in conflict "as an unfriendly act." With these observations by way of introduction the Convention thus states the function and purpose, the nature and effect of good offices and mediation, which were apparently regarded as synonymous by its f ramers : The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance (Article 4). The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute, or by the mediator himself, that the means of reconciliation proposed by him are not accepted (Article 5). Good offices and mediation, either at the request of the parties at variance, or on the initiative of Powers strangers to the dis- pute, have exclusively the character of advice and never have binding force (Article 6). The acceptance of mediation can not, unless there be an agree- ment to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war. If mediation occurs after the commencement of hostilities it causes no interruption to the military operations in progress, unless there be an agreement to the contrary (Article 7). The meaning of this is clear: the good office of a friend or of a mediator is not to interfere with measures which a nation has a right to take according to its sovereign pleasure, but to suggest that the con- flict be adjusted peaceably, if war has not begun, and, if hostilities are in progress, that they be ended according to a method which the mediator either discloses or is willing to disclose upon request. Ac- curate writers limit good offices to advice and extend mediation to co- operation in the adjustment which good offices have advised. But whether this distinction be sound or observed in practice, the method is diplomatic, in that it is negotiation by third parties instead of nego- tiation between the parties in conflict ; it is unlimited in that the differ- INTRODUCTION XV ence may concern a question of fact, of law, or of policy, and the pacificators may with the assent of the nations at odds accomplish whatever the parties might themselves have done if they had remained on speaking terms, if they had not resorted to fisticuffs or, as we may more elegantly say, to war. If a distinction between good offices and mediation is to be observed, President Roosevelt's action in bringing Russia and Japan together at Portsrnouth, whereby the treaty of Portsmouth, of September 5, 1905, was negotiated by their representatives, and the war ended, is to be considered good offices, not mediation. The following official telegrams under date of June 8, 1905, addressed to the American Ambassador at St. Petersburg and the American Minister to Tokio finely state Mr. Roosevelt's humanitarian purpose and the means by which it was effected : The President feels that the time has come when, in the interest of all mankind, he must endeavor to see if it is not possible to bring to an end the terrible and lamentable conflict now being waged. With both Russia and Japan the United States has in- herited ties of friendship and good will. It hopes for the pros- perity and welfare of each, and it feels that the progress of the world is set back by the war between these two great nations. The President accordingly urges the Russian and Japanese Gov- ernments, not only for their own sakes, but in the interest of the whole civilized world, to open direct negotiations for peace with one another. The President suggests that these peace negotiations be conducted directly and exclusively between the belligerents — in other words, that there may be a meeting of Russian and Japanese plenipotentiaries or delegates without any intermediary, in order to see if it is not possible for these representatives of the two powers to agree to terms of peace. The President earnestly asks that the Japanese Government do now agree to such meeting, and is asking the Russian Government likewise to agree. While the President does not feel that any intermediary should be called in in respect to the peace negotiations themselves, he is entirely willing to do what he properly can if the two powers concerned feel that his services will be of aid in arranging the pre- liminaries as to the time and place' of meeting ; but if even these preliminaries can be arranged directly between the two powers, or in any other way, the President will be glad, as his sole purpose is to bring about a meeting which the whole civilized world will pray may result in peace.^ 1 Foreign Relations of the United States, 1905, p. 808 ; see also, Moore, Digest of International Law, vol. 7, p. 21. XVI INTRODUCTION In any event the mediator advises, and his decision, if he proposes one, is advisory and without binding effect until by acceptance of the parties it becomes their decision and adjusts the controversy. The action of Leo XIII in proposing terms for the adjustment of the Caroline controversy in 1885, between Germany and Spain was that of a mediator not arbitrator. When, however, the terms were ac- cepted by both of the disputants, the erstwhile suggestion had the force of an arbitral award, and the action of the Pope is to be con- sidered as an act of mediation of which it is a typical and illuminating example. In 1884 an admiral of the Imperial German Navy hoisted the Ger- man flag at Yap, in the Caroline Islands, over which Spain claimed sovereignty. This the Imperial Government denied, and sought to ac- quire title in its own behalf by possession followed by effective occu- pation. This action on the part of Germany led to outbreaks in Madrid, in which the Imperial German Embassy and Consulate were attacked. In this state of affairs Prince Bismarck proposed, and Spain accepted the mediation of Pope Leo XIII. His Holiness thereupon suggested in their behalf the negotiation of a convention by which Germany acknowledged the sovereignty of Spain over the Caroline and Pellew Islands. In consideration of this action on the part of Germany Spain was to engage itself to establish, as quickly as possible, "a regular administration with sufficient force to guarantee order and the rights acquired" in the archipelago, to offer to Germany complete "liberty of commerce and navigation," the right to fish and to establish a naval station and coal depot at or in the islands, and finally to guarantee "the liberty of making plantations" in the islands, and of "founding agricul- tural establishments on the same footing as Spanish subjects."^ The parties in dispute did this, and so hostilities were happily averted through the mediation of the Holy Father. The distinction between mediation on the one hand and arbitration on the other exists in nature, not merely in name, and is thus clearly and authoritatively stated in the Digest of Justinian: A man is held to have undertaken an arbitration, so Pedius says (b. 9), when he has assumed the duties of judge and promises to give a decision which shall finally dispose of the matters in dis- 1 Moore, History and Digest of the International Arbitrations to which the United States has been a party, vol. 5, pp. 5043-4. See also, Moore, Digest of International Law, vol. 7, p. 6. INTRODUCTION Xvii pute. But where, the same writer proceeds, the supposed arbitrator only intervenes so far as to try whether the parties will allow their dispute to be disposed of by his advice and authority, he cannot be held to have undertaken an arbitration.* The same distinction, deeply embedded in private law, exists also in public law, and in that portion of it termed the law of nations, as was aptly pointed out by Sir James Mackintosh, who is reported to have said in the course of debate in Parliament on April 11, 1815: "A mediator is a common friend, who counsels both parties with a weight propor- tioned to their belief in his integrity, and their respect for his power. But he is not an arbitrator, to whose decision they submit their differ- ences, and whose award is binding on them."- The first step to internationalize good offices and mediation, giving to them the standing and dignity of an international institution, was taken in connection with the Congress of Paris which put an end to the Crimean war. The belligerents with the addition of Austria and Prus- sia, adopted, upon the initiative of the British plenipotentiary. Lord Clarendon, himself influenced indirectly by William Jay, and directly by English peace men, "the voeu that States, between which any serious misunderstanding may arise, should, before appealing to arms, have recourse, as far as circumstances might allow, to the good offices of a friendly Power."* The plenipotentiaries were either so sure of the use- fulness or harmlessness of their vwu, as to express the hope "that the Governments not represented at the Congress will unite in the sentiment which has inspired the vceu recorded in the present protocol."* In Article 8 of the Treaty of Paris the same plenipotentiaries stipu- lated on behalf of their respective countries that "if there should arise between the sublime Porte and one or more of the signatory Powers a difference threatening the maintenance of their relations, the sublime Porte or each of the Powers before having recourse to the employment of force, will put the other contracting Parties in a position to prevent this extremity through their mediation."^ And finally as showing the precedents for the action of the Hague iDig. bk. IV, tit. 8, law 13, § 2 [Monro's translation]. 2 Hansard's Parliamentary Debates, vol. 30, p. 525. See also, Moore, Digest of International Law, vol. 7, p. 3. ^British and Foreign State Papers, vol. 46, p. 135. * Ihid., p. 136. s/Wi., p. 12. XVlll INTRODUCTION Conference in the matter of good offices and mediation, which appear to be used indiscriminately in these various instances, Article 12 of the General Act of the Conference of Berlin in regard to the Kongo, signed February 26, 1885, may be quoted : In cases where serious disagreement with regard to, or within the limits of, the territories mentioned in Article 1 and placed under the regime of commercial liberty may arise between the sig- natory Powers of the present act or Powers which may adhere thereto in the future, these Powers agree before appealing to arms, to resort to the mediation of one or more friendly Powers.'^ The friendly compositor frequently mentioned in the Middle Ages but much of a stranger in the modern world may be considered either as the mediator acting with consent and invested with the power of de- ciding the controversy submitted to him, or as an arbiter chosen by the parties in dispute and authorized by them to settle the difference defini- tively by the application of his sense of right and fairness. In such a case the settlement of the dispute is regarded as of more consequence than the method employed. It may include quarrels arising out of questions of fact, law or policy; the compositor may act as a diplomat, arbiter or judge. The admirable disposition of the difficult and trying controversy known as The Alsop Case between Chile and the United States, which was submitted to the friendly composition of Edward VII in 1909 and, upon his death, to his successor, George V, by whom it was decided in 1911, upon the advice of eminent counsel, shows that the friendly compositor may be at one and the same time the im- partial judge, although in the decision of this very case the function of the friendly compositor is said to be to pronounce "an award which shall do substantial justice between the parties without attaching too great an importance to the technical points which may be raised on either side."^ The Hague Conferences did not deal with friendly com- position other than as it may be included in good offices, mediation or arbitration, and the subject is only mentioned in passing to call atten- tion to this method, whose day is not yet run, in which the conscience of a particular individual is preferred to diplomacy, without reference to law, which is at least respected in arbitration and is the very life and soul of judicial decision. 1 British and Foreign State Papers, vol. 76, p. 12. 2 American Journal of International Law, vol. S, p. 1081. INTRODUCTION xix Next as to arbitration. The First Hague Peace Conference gave its outspoken and un- equivocal approval to arbitration in general, expressed itself strongly in favor of arbitrating disputes of a legal nature, especially those involv- ing the interpretation or application of international conventions, and the delegates of the Powers taking part in the Second as well as the First Conference expressly reserved for their countries the right of concluding "new agreements, general or special, with a view to extend- ing obligatory arbitration to all cases which they may consider it possible to submit to it." To facilitate immediate recourse to arbitration whose object they defined as "the settlement of differences between States, by judges of their own choice, and on the basis of respect for law," the signatory Powers undertook to organize a Permanent Court of Arbitration, open and accessible at all times, provided a method of constituting a tem- porary tribunal from the panel of the so-called Permanent Court, and furnished a code of procedure to be followed unless the parties in con- troversy should prefer to adopt other rules. Here again it may be objected that there is little in this that the Powers had not done and could not do without these various provisions. And this is undoubtedly so. The Jay treaty of 1794 between Great Britain and the United States had brought arbitration again into the thought and practice of nations, with the result that in the course of the century intervening between the treaty and the conference some hun- dred international controversies, involving numerous cases in some in- stances, as wheels within wheels, had been submitted to temporary tribunals of arbitration or to mixed commissions. The procedure in- cluded in the Convention merely stated the practice and procedure of the nations which had grown up in the course of the century from the experience acquired in arbitration. The nations before as after, selected, by agreement, the members of the temporary tribunals or mixed commissions, whether the names of prospective arbiters were or were not included in a panel of arbiters and called in this way to their attention. But the fact remains that what nations had done betimes and in pairs received the solemn and formal approval of twenty-six nations, whose delegates recognized arbitration "as the most effective, and at the same time the most equitable, means of settling disputes which diplomacy XX INTRODUCTION had failed to settle." It thus went forth from the Conference interna- tionalized, and with an added prestige and appeal. There is, however, a difference between a recognition of arbitration and an agreement to resort to it. Unfortunately the opposition of the Imperial German delegates prevented the adoption of a general agreement both at the First Conference, in 1899, and at the Second, in 1907, by virtue of which twenty-six nations in the First and forty-four in the Second would otherwise have bound themselves to arbitrate such a controversy as the Serbian question of 1914, a failure to do which precipitated the war of that year, to which the United States reluctantly but inevitably became a party in 1917. A special treaty or agreement has to be concluded to submit the ques- tion to arbitration at a time when neither of the disputants is in a frame of mind to reach an agreement upon the issue, and to constitute a tem- porary tribunal of five members chosen from the panel, of whom two by the Convention of 1899, one by the revised Convention of the Second Conference of 1907, could be citizens or subjects of each of the dis- putant States. In the absence of a general treaty of general obligation the code of procedure is of slight value, and there is little incentive to arbitrate when the treaty has to be concluded, the issue defined, the court created and its members selected when the nations may barely be on speaking terms. Experience is against thatching the roof in time of storm. A general agreement to submit all or certain categories of disputes to arbitration, the right of each country to submit its case as it conceives it to be, to a tribunal in existence, to be decided by recognized principles of law and equity are prerequisites to arbitral adjustment, as otherwise the nation can by delay and lack of cooperation extricate itself from a resort to arbitration which twenty-six nations in 1899 and forty-four in 1907 solemnly recognized "as the most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to settle." But the treaties of arbitration which have been concluded by virtue of the right reserved in the Convention, submit legal questions and dis- putes concerning the interpretation and application of treaties and con- ventions and almost invariably withdraw from the obligation questions of vital interest, independence, honor, and necessarily those afifecting third parties. INTRODUCTION XXI Without indulging in criticism of these provisions, which are rather to be commended in the infancy of modem practice, it is a fact that the most troublesome questions are thus withheld not only from arbitral award, but from disinterested discussion, inasmuch as each nation decides for itself whether or not a question falls within the reserved category, and it is also a fact that the absence of a permanent tribunal in being at the outbreak of the dispute, ready and willing to accept jurisdiction thereof and to decide it, offers, as it were, a premium to bad faith. When the Second Conference adjourned on October 18, 1907, the United States only had a general arbitral clause in its treaty with Mexico of 1848, confirmed by that of 1853, and the Pecuniary Claims Convention with the Latin American Nations of 1906. This was not much of a showing for the nation which in conjunction with Great Britain had introduced arbitration to the modem world. But with the exception of Great Britain it had more arbitrations to its credit than any other nation, and had submitted nearly a third of all arbitrated cases. Taking the period from 1798, when the first mixed commis- sion met under Jay's treaty, to 1904, it appears that there had been some 241 instances of international arbitration; that of these Great Britain had to its credit 98 ; the United States 76 ; that they had arbi- trated 23 with one another, and that, taking them together, the sponsors of this form of peaceable settlement in the modern world had arbi- trated more than two-thirds of all the cases of arbitration during the entire period.^ But these statistics, encouraging as they doubtless are, give but a very inadequate impression of the number of awards actually rendered, inasmuch as a single treaty or convention often submits to a mixed commission outstanding disputes of a certain kind or category arising out of a certain act or series of acts, taking place within a given period. Thus, under the^ special treaty of arbitration of 1868, between Mexico and the United States, no less than 2,015 cases were submitted.^ When apprised of this condition of affairs, Mr. Elihu Root, then Secretary of State, took the matter up and in the course of a twelve- month concluded no less than twenty-five treaties, showing how easily 1 See Fried's Handbuch der Friedensbewegung, Vienna and Leipzig, 1905, pp. 104-S, 123-57. 2 Moore, History and Digest of the International Arbitrations, etc., vol. 2, p. 1314. XXll INTRODUCTION ability and conviction can accomplish what would seem impossible to less daring minds. Of these the first was very appropriately with "our first and ancient ally," and the material portion of this treaty with France is thus worded : Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplo- macy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital in- terests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. The great merit of Mr. Bryan's plan is that it creates a permanent Commission of five persons which is in existence at the outbreak of the dispute, whatever its nature, to which it can be and must be submitted and that the commission thus composed has a twelvemonth within which carefully to consider the controversy in all its aspects, during which the disputants pledge themselves not to resort to hostilities. In addition to the legal questions and questions involving treaties and conventions, which the nations may have agreed to submit to arbi- tration, the questions reserved from the obligation to arbitrate are by Mr. Bryan's treaties brought before commissions where they are inves- tigated, and the report drawn up by the commission is presented to the foreign offices of the contending countries for such action as their wisdom may dictate and an enlightened public opinion persuade. But before taking up Mr. Bryan's plan there is a further matter which requires consideration, for without it his treaties would seem to lack that firm and sure international foundation which assured their negotiation. The First Hague Conference provided in the ninth article of its Pacific Settlement Convention, for the creation from time to time of an international commission of inquiry "to facilitate" a solution of "differences of an international nature involving neither honor nor vital interests, and arising from a difference of opinion on points of fact." As in arbitration, resort was to be made to the commission upon the breakdown of diplomacy. This was not, however, even in the case of facts, an unlimited obligation or recommendation because of the INTRODUCTION XXlll presence of the clause specifying only those which "circumstances allow"; but such differences as were actually submitted were to be subjected to "an impartial and conscientious investigation" in order "to facilitate" their solution "by elucidating" the facts. At best the article is a recommendation, not an agreement, to submit facts in dispute; facts involving honor or vital interests are excluded, and those left are only recommended to be referred to "an impartial and conscientious investigation" if "circumstances allow." This is not much, even the friendly critic might venture to say; but he would be wrong, for it is a precedent for a commission of in- quiry and a first step to better and greater things. The commission, like the temporary tribunal of arbitration, would have to be created for the special difference and "by special agreement between the parties in conflict." The agreement would likwise have to define the facts to be examined and the extent of the commission's powers, and settle the procedure to be followed in the impartial and conscientious investigation. The same method was to be employed to constitute one as the other. Each was to consist of five members to be chosen by direct agreement of the parties; failing which, each of the disputants was to appoint two arbiters or commissioners from the panel of the Permanent Court, who together were to choose an umpire. In case of a tie, the choice of umpire was to be made by a Third Power selected by the parties in common accord. Upon failure of the parties to agree upon the third Power, each of the disputants was to select a different Power, and the two Powers thus chosen were to appoint the umpire. Such was the procedure under the Convention of 1899, but it was faulty in more than one particular, and it might end in failure to constitute the court or the commission. Therefore, the Second Conference of 1907 revised and greatly improved it. Under the original convention the two arbiters or commissioners, to be ap- pointed by each party, might be chosen from its citizens or sub- jects with the result that the body thus selected would be made up of four interested persons struggling, we may well suppose, to con- vert the umpire to their way of thinking, and thus to carry their point whatever it might be. The revised convention changed this unseemly procedure by providing that only one of the two persons chosen by each should be taken from its "nationals," to use a new and convenient word which has evidently come to stay, with the result that the majority of the court or commission is to be composed of strangers, supposedly XXIV INTRODUCTION indifferent in the cause, and the award in the one, and the finding in the other case thereafter depends upon them, not upon interested and therefore disquahfied persons, as formerly. Under the original con- vention it might conceivably happen that the two Powers might not be able to agree upon the umpire. Therefore to prevent this contingency it is provided in the revised text that, upon their failure to agree within two months — diplomacy moves slowly and majestically — each of the Powers is to name two members of the Permanent Panel, not alrieady chosen and not citizens or subjects of the august disputants, and the drawing of lots determines the umpire. The commission thus selected is, we shall suppose, ready to begin its labors. Without going into details, it is sufficient to say that the Powers in conflict agree to supply it, to quote the text of 1899, "as fully as they may think possible with all means and facilities necessary to enable it to be completely acquainted with and to accurately understand the facts in question." When the commission has found the facts in con- troversy "by means of an impartial and conscientious investigation," it prepares its report to be signed by all of its members. The question naturally arises as to the nature and force of the re- port to reach which the commission has been appointed, and which, it is to be presumed, will be a document of much importance to the parties and to the public. On this point the original convention, untouched in this respect by the revision of the Second Conference is to the effect that "the report of the international commission of inquiry is. limited to a statement of facts, and has in no way the character of an arbitral award" ; and "it leaves the conflicting Powers entire freedom as to the effects to be given to this statement." That is to say, the commission finds facts as a jury in Anglo-American procedure; it contents itself with the statement of the facts as found and thereupon goes out of existence, leaving the Powers free to take any or no action upon the facts. The Conference, however, felt that this seemingly meager re- sult, would be of value to the parties; otherwise the convention could not have provided for the creation of an international agency of this kind. It was indeed proposed and urged by the Russian delegation to the Second Conference to bind the parties to submit the facts thus found to an arbitral tribunal if they did not proceed to the settlement of the dispute, but this addition to the text and change in the effect to be INTRODUCTION XXV given to the proceedings found little or no favor, although the only commission hitherto constituted under the convention was authorized to fix responsibility for the injury flowing from the facts as "eluci- dated" by means of the "impartial and conscientious investigation" in the North Sea or Dogger Bank case arising out of the Russo-Japanese War of 1903-5. If the "incident" had taken place upon the stage, the most inveterate theater-goer could hardly have suppressed a laugh. But what could be looked upon as, comical between individuals was a serious matter between nations. British fishing smacks had been dam- aged, two British subjects killed and six wounded by the discharge of guns from the Russian fleet under Admiral Rodjestvensky in its ill- starred voyage from the Baltic Sea to the Straits of Japan. Upon its arrival in these waters it was destroyed by Japanese battleships under the command of Admiral Togo, who, it may be said in passing, began life in the small sailing vessels and row-boats which in his youth formed the Navy of Japan, just as Marshal Oyama, the victor of Mukden, began his military career in the Japanese forces then armed with bows and arrows. But to return to Rodjestvensky, whose fleet on the night of October 8-9, 1904, opened fire off Dogger Bank, upon some vessels which were mistaken, it would seem, for Japanese torpedo boats lurking in the distance and threatening the Russian fleet by its presence. After firing at the hostile craft and scattering the insidious enemy, the Ad- miral, having discharged his duty in the premises, continued his way, which was the way of destruction, until the seriousness of the situation caused him to interrupt his voyage, as the British Government had in the meantime protested to Russia, and interposed a British squadron be- tween the Russian fleet and its progress towards Japan. Due, it would seem, to the good offices, mediation or friendly intervention of France, the expedient of the commission of inquiry, devised in 1899, was tried for the first time and amply justified its institution and the statesmen who stood sponsor for it in the Peace Conference. Great Britain and Russia invested the Commission, as already stated, with the power, not only of finding the facts, but of fixing the blame for their commission, thus taking one instead of two bites of the cherry. It was natural that this should be done on this occasion inasmuch as the presence or absence, found as a fact, of Japanese vessels on the night of the tragedy neces- sarily justified or condemned the action of the Russian Admiral. We must not overlook the consequences of the incident in our amusement XXVI INTRODUCTION at the facts, and the vast importance of the case as a precedent, because, given the world as it is, if is difficult to maintain that the honor or vital interest of one or the other of the nations was not involved, if these terms are tQ be understood as defined by the practice of nations. Yet the presence or absence of a Japanese ship was so essentially a mere matter of fact, that the questions of honor and of vital interests could be waived and the fact found, which also settled both the question of responsibility, without requiring a special finding on that head, and the liability for damages, which however would need to be assessed in accordance with the proofs. Because the commission was a success and because it shows of itself the practicability and the possibility of this method of peaceful settle- ment, for which Mr. Bryan stands sponsor on a large and permanent scale, the procedure had in the adjustment is given in some little detail. On November 29, 1904, or the 12th of the month if the Russian calendar be used, representatives of Great Britain and Russia agreed upon and signed a declaration to submit the North Sea Incident, as it is officially called, to an international commission of inquiry, composed of five, members, two officers of high rank in the British and Russian Navies, two officers of high rank in the French and American Navies, and a fifth member chosen by the four officers in question or, in default of their agreement, by the Emperor of Austria, who happens also to be the King of Hungary. The five members of the Commission thus selected were to be assisted by a legal assessor, appointed by each of the high contracting Parties, and an agent, likewise chosen by each, "officially empowered to take part in the labors of the commission." The commission thus constituted was directed to "inquire into and report on all the circumstances relative to the North Sea Incident, and particularly on the question as to where the responsibility lies and the degree of blame attaching to the subjects of the two high contract- ing Parties or the subjects of other countries in the event of their responsibility being established by the inquiry." The commission, to meet at Paris, was to adopt its procedure, and be furnished, "to the greatest possible exteiit," by the two Govern- ments "with all the means and facilities necessary, to enable it to acquaint itself thoroughly with and appreciate correctly the matters in dispute." The report adopted by a majority, was to be signed by all of the members, the two Governments were to bear their respective INTRODUCTION XXVU expenses incurred prior to the meeting of the commission, and equal moieties of the expenses after its meeting, incurred in connection with it. The commission composed of Admirals from the British, Russian, French, American and Austro-Hungarian Navies sat in Paris from December 22, 1904, until February 26, 1905, on which latter date it rendered a report, finding that no Japanese vessels were among the British fishing fleet, that Admiral Rodjestvensky was to blame for firing upon the fishermen, whereby two of their crews were killed, six wounded, one boat sunk and five more or less damaged ; and that Rod- jestvensky's action did not discredit him from the military or humani- tarian point of view, although he should have informed "the authorities of the neighboring maritime Powers, that, as he had been led to open fire near a group of trawlers, these boats, of unknown nationality, stood in need of assistance." The Russian Government accepted the facts as found, assumed the responsibility for its Admiral's action, and paid damages amounting approximately to $300,000.^ We are now prepared to consider the Bryan peace plan, as it is called, which the reader will observe takes the commission of inquiry as its point of departure, substitutes a permanent for a temporary commission, extends its jurisdiction from facts to all questions not otherwise provided for, retains as essential the purely advisory or voluntary character of the report and assigns to the commission the generous period of a year within which to complete its labors, during which time the nations pledge themselves not to go to war or resort to any act of hostility. Thirty States have done this, in thirty impor- tant documents, twenty of which have been proclaimed and actually are the supreme law of the land of the contracting parties. Mr. Bryan was apparently not influenced in first instance by the action of the Hague Conference, but proceeded, and properly, from a procedure of private law which had proved so successful within its limited domain as to suggest and to justify its extension from the national to the international field. In the course of various interviews, Mr. Bryan explained to the undersigned, approximately as follows, the genesis and nature of his peace plan. ^ For documents in the case, see American Journal of International Law, vol. 2 (1908), pp. 929^936; Scott, The Hague Court Reports, pp. 403-412, 609-615. XXVlll INTRODUCTION, The treaties providing for the investigation of all disputes had their origin in a plan similar in principle, Mr. Bryan says, which he advo- cated for several years as a means of dealing with labor disputes. He thought compulsory arbitration objectionable in this country, because it would be contrary to public sentiment to attempt to compel either party to the dispute to comply with an order which involved either carrying on business at a loss, or furnishing labor at a price or upon terms believed by the laboring men to be inequitable. Compulsory investigation, however, was not open to the same objection, for the purpose of investigation is only to lay before the public the facts in the dispute and the disposition of the parties, relying upon the force of public opinion to secure an adjustment of the dispute after the facts are known. Mr. Bryan's plan involved the following principles: First, that it should be applied to all disputes of every kind and character. Secondly, that the investigation should be made by a permanent board whose aid could be invoked by either side at any time, and in- vested with authority to investigate upon its own initiative. Thirdly, that in order to assure fairness, the board should in each investigation add two members, one selected by each side, the tem- porary members to have equal authority with the permanent members during the investigation for which they were selected. Fourthly, that each side should possess the right to act indepen- dently at the conclusion of the investigation and the presentation of the report, the recommendations of the commission enjoying only such force as their intrinsic merits gave them. During the Russian- Japanese war it occurred to Mr. Bryan that the plan proposed for labor disputes might with advantage be applied to international disputes, and in February, 1905, he suggested the plan in an editorial in his paper, the Commoner. This editorial was fol- lowed a few weeks later by another elaborating the same idea. In the first editorial referred to, Mr. Bryan said in the Commoner for February 17, 1905^ : It is time for the leading nations to join together in proffering their good offices for the settlement of the war in the east. There must be mediation some time, why not now ? Russia can not hope 1 Reprinted in the Commoner, August, 191S, from which number the following excerpt was taken. INTRODUCTION XXIX to retake Port Arthur in years, if at all, and Japan will find war more expensive and more hazardous the farther her army marches inland. There has been killing enough on both sides to satisfy that absurd sense of honor which requires bloodshed. There never was a time when the Christian nations were under a more im- perative duty to throw their influence on the side of peace, and the United States can well afford to take the lead because our re- lations with both Russia aiid Japan are such as to relieve us of any suspicion of selfish interest. And when peace is restored our nation should take the initiative in promoting a system of arbitra- tion so comprehensive that all differences will be submitted to the Arbitration Court, reserving to each nation the right to refuse to accept the finding if it believes that it affects its honor or integrity. Such a system would make war a remote possibility. In the second editorial in the Commoner a week later, on February 24, 1905, Mr. Bryan said, after commenting upon the Senate amend- ments to President Roosevelt's and Secretary Hay's treaties of ar- bitration : It is possible ... to provide for the impartial investi- gation of any international dispute, leaving the final submission to arbitration to be a matter of treaty. The president might be authorized to enter into an agreement to submit any and every international dispute to the Hague Court for investigation. When the court reports upon the facts and presents the > real issue between the parties then the parties can decide intelligently whether it involves a proper question for arbitration or affects the integrity and honor of either nation. Such an investigation would, in most cases, remove misunderstanding and bring about a reconciliation, and public opinion would exert a powerful in- fluence in harmonizing any differences which might be found to exist. ... If such a plan had been in operation the Russian- Japanese war might have been prevented. It is quite certain that a preliminary investigation by an impartial board would have prevented most of the international wars of the last half century, and would be still more effective in the future. In September of 1905 Mr. Bryan left the United States for a trip around the world. The first nation visited was Japan and there, on the twentieth of October, he presented his project at a dinner tendered him at the Bankers' Club in Tokio. On this occasion Mr. Bryan proposed investigation before a declaration of war, and in his remarks in support of the proposal he said : "I believe the establish- ment of such a board, leaving to the nations the right of independent XXX INTRODUCTION action afterwards, would do much to settle difficulties between nations, — indeed, it would do more than any system involving an agreement in advance to abide by the decision." During the following June, while in Norway, he received and ac- cepted an invitation to the meeting of the Interparliamentary Union to be held in London in July. The invitation came from Lord Wear- dale, then and now, one of the active and intelligent advocates of inter- national peace, whom Mr. Bryan had met two years before in the United States. Upon reaching London, Mr. Bryan laid the proposed plan before Lord Weardale, who heartily and unreservedly endorsed it. It was then presented to Sir Henry Campbell-Bannerman, the British Premier, who also approved of it, and in his remarks at the opening of the Union, Sir Henry inserted a passage which was intended to serve as an introduction to the plan. In this famous address, de- livered on July 25, 1906, known as the Duma speech because of its ending "the Duma is dead, long live the Duma," inasmuch as that body had just been dissolved. The Prime Minister said, in the passage referred to by Mr. Bryan : Gentlemen, I fervently trust that before long the principle of arbitration may win such confidence as to justify its extension to a wider field of international differences. We have already seen how questions arousing passion and excitement have attained a solution, not necessarily by means of arbitration in the strict sense of the word, but by referring them to such a tribunal as that which reported on the North Sea incident ; and I would ask you whether it may not be worth while carefully to consider, before the next congress meets at The Hague, the various forms in which differ- ences might be submitted, with a view to opening the door as wide as possible to every means which might in any degree contribute to moderate or compose such differences.^ In the course of Mr. Bryan's remarks in behalf of investigation as an alternative to arbitration and as an amendment to the proposed treaty of arbitration drafted by the Union and adopted at this session he said, in justification of his own proposal and after quoting the above passage from the Premier's speech: This amendment is in harmony with this suggestion. The resolution is in the form of a postscript to the Treaty, but like the postscripts of some letters, it contains a very vital subject — in fact. 1 Interparliamentary Union. Official Report of the Fourteenth Conference^ p. 103. INTRODUCTION XXXI I am not sure but the postscript in this case is as important as the letter itself, for it deals with those questions which have defied arbitration. Certain questions affecting the honor or integrity of a nation are considered outside the jurisdiction of a court of ar- bitration, and these are the questions which have given trouble. Passion is not often aroused by questions that do not affect a nation's integrity or honor, but for fear these questions may arise, arbitration is not always employed where it might be. The first advantage, then, of this resolution is that it secures an investiga- tion of the facts and if you can but separate the facts from the question of honor, the chances are 100 to 1 that you can settle both the fact and the question of honor without war. There is, therefore, a great advantage in an investigation that brings out the facts, for disputed facts between nations, as between friends, are the cause of most disagreements. The second advantage of this investigation is that it gives time for calm consideration. That has already been well presented by the gentleman who has preceded me. Baron von Plener. I need not say to you that man excited is a very different animal from a [sic] man calm, and that questions ought to be settled, not by passion, but by deliberation. If this resolution would do nothing else but give time for reflection and deliberation, there would be sufficient reason for its adoption. If we can but stay the hand of war until con- science can assert itself, war will be made more remote. When men are mad they swagger around and/tell what they can do ; when they are calm they consider what they ought to do. The third advantage of this investigation is that it gives oppor- tunity to mobilize public opinion for the compelling of a peaceful settlement, and that is an advantage not to be overlooked. Public opinion is coming to be more and more a power in the world. One of the greatest statesmen my country has produced — Thomas Jefferson, and, if it would not offend, I would say I believe him to be the greatest statesman the world has produced — said that if he had to choose between a government without newspapers and newspapers without a government, he woidd rather risk the newspapers without a government. You may call it an extravagant statement, and yet it presents an idea, and that idea is that public opinion is a controlling force. I am glad that the time is coming when public opinion is to be more and more powerful ; glad that the time is coming when the moral sentiment of one nation will influence the action of other nations ; glad that the time is coming when the world will realize that a war between two nations affects others than the two nations involved ; glad that the time is coming when the world will insist that nations settle their differences by some peaceful means. If time is given for marshalling the force of public opinion, peace will be promoted. This resolution is pre- XXXn INTRODUCTION sented, therefore, for the reasons that it gives an opportunity to investigate the facts and to separate them from the question of honor; that it gives time for the calming of passion; and that it gives a time for the formation of a controlling public sentiment.^ A proposition relating to mediation was also before the conference and the committee reported in favor of combining the two as alternative propositions and in this form the resolution went through without opposition. The text of this resolution as amended was thus worded : If a difference should arise between the contracting parties which, by the terms of the Convention, should not be submitted to arbitration, the parties shall not have recourse to any measure of hostility of whatever nature before having jointly or separately demanded, according to the circumstances of the case, either the constitution of an international commission of inquiry or the mediation of one or more friendly Powers. This requisition shall be made, in case of need, comformably to Article VIII of the Hague Convention for the peaceful settlement of international conflicts.^ From that time on, Mr. Bryan presented his plan wherever and whenever opportunity offered, and it was afterward endorsed at an in- ternational peace gathering in New York and in 1910 at a public meet- ing in Edinburgh. Later, when President Taft was negotiating treaties of arbitration with Great Britain and France, Mr. Bryan called at the White House and laid before the President and Secretary of State Knox his peace plan, a part of which, Mr. Bryan says, was incorporated in the treaties. Mr. Bryan further adds, in this connection, that the President very generously gave him credit for his suggestion in a public address which he made shortly afterwards in Nebraska. The Senate, it is well known, objected to these treaties, but on grounds immaterial to the present purpose, and they .failed of ratifi- cation in the form in which they were submitted. When, after the election of 1912, Mr. Bryan was summoned to Trenton by Mr. Wilson, who tendered him the Secretaryship of State, the prospective Secretary of State laid the plan before the President- Elect and told him that with his support the project would, he be- lieved, be accepted by the world. The President, Mr. Bryan says, very heartily approved the proposal. 1 Interparliamentary Union, ibid., p. 125. 'Ibid., p. 123. INTRODUCTION XXXlii Shortly after Mr. Wilson's inauguration, Secretary Bryan submitted to the President a written outline of the plan, and the President, after conferring with the Cabinet on the subject, authorized its presentation to the diplomatic agents of foreign nations represented at Washington, and Mr. Bryan, to remove possible misunderstanding with the other branch of the treaty making power, wisely took the precaution to con- fer with the Senate Committee on Foreign Relations before presenting it to the diplomats. On the 24th of April, 1913, the Ambassadors and Ministers residing at the national Capital met by invitation in the re- ception room of the State Department, and Mr. Bryan presented to each diplomat present a written outline of the plan, after accompanying it with explanations. The plan, as thus presented, provides: First, for the investigation of all disputes. Secondly, for a permanent international commission. All of the treaties authorize the commission to act upon the request of either party and in a number of treaties the commission is empowered to act upon its own initiative, a provision which Mr. Bryan says he tried to in- corporate in all of the treaties, but was unable to do so in every case. The reason for this desire and effort on his part Mr. Bryan illustrated by the following "Story" which he recounted to the diplomats, to their amusement no doubt and perhaps to their edification: "A man was complaining to a friend that he found it impossible to drink moder- ately, because of the numerous invitations which he received from others. The friend, to whom the complaint was made, suggested to him that the difiEculty might be remedied by calling for 'sarsaparilla' whenever he found that he had all the whiskey he wanted." "But," said the complainant, "that is the trouble ; when I get all the whiskey I want I can not say sarsaparilla." Upon this anecdote, given in his own words, Mr. Bryan thus comments. "The application is easily made. At the time when investigation is most needed the parties to the dispute may be restrained from asking for investigation by the fear that such a request might be construed as cowardice. It is difficult for a nation to say "investigate" when it is angry. At such a time, there- fore, the commission should be authorized to tender its services, and thus relieve both parties of embarrassment." Thirdly, for the sake of impartiality, that the commission be made up of one subject or citizen from each nation to be chosen by that nation, and one subject or citizen to be chosen by each nation from a foreign XXXIV INTRODUCTION nation, and a fifth to be selected by agreement of the two contracting nations. Fourthly, for a year's time for investigation and report, during which the parties are not to declare war, or resort to hostilities. Fifthly, for the reservation by each of the nations of the right to decide for itself, at the conclusion of investigation, what action it will take. The resemblance between this plan and the plan intended for labor troubles is, as Mr. Bryan says, very apparent. The two most important features are identical ; the investigation of all disputes and the reserva- tion of the right to act independently — the second, in Mr. Bryan's opinion, being necessary to the acceptance of the first. The great trouble with treaties of arbitration has been and is that they leave exceptions — questions of honor, questions of independence, vital interest, and interests of the third parties. It is, however, impos- sible, as Mr. Bryan himself admits, to eliminate these exceptions, in the present state of public opinion, and his plan is intended to close the gap, as it were, and to leave undiscussed no dispute which may indeed become the cause of war but which should not result in war during the year allowed for investigation and report. It is also obvious that the plan resembles that proposed for labor dis- putes, inasmuch as the commission is permanent and each party is allowed to select from among its citizens a member of the commission. After sufficient time had elapsed for the diplomatic representatives to communicate with their respective countries, Mr. Bryan took up with each country the negotiation of a separate treaty along the line proposed. No attempt was made to enforce the use of any particular phraseology. On the contrary, the nations were assured that the United States stood ready to consider any changes in detail that might be suggested, as Mr. Bryan's desire was to embody in conventional form the provisions necessary to secure the submission of all disputes to in- vestigation before resort to force. The first treaty was signed with Salvador on the 7th of August, 1913, and thereafter treaties with Guatemala, P&nama, Honduras, and Nica- ragua in the order named. These treaties, it may be added, contained a provision that the parties should not change their military or naval pro- grammes during the period of investigation, but this clause, objected to by the European nations, was struck out of the five treaties by the INTRODUCTION XXXV Senate at the time of their ratification, so that the treaties are as a series and as a whole practically uniform. The Netherlands was appropriately the first of the European nations to sign one of these treaties with the United States. Only one nation, Mr. Bryan says, objected to any vital principle, and that nation finally yielded its objection to the all-inclusive character of the treaty. On July 24, 1914, Brazil, Argentina and Chile signed simultaneously. On September 15, 1914, France, Great Britain, Spain, and China like- wise signed simultaneously, thus in one day bringing, as Mr. Bryan is accustomed to say, something like nine hundred millions of people under the influence of these treaties which their negotiator believes will tend to make war a remote possibility between the contracting parties. These four treaties, Mr. Bryan adds, had been practically agreed upon for some time, but the contracting nations waited on one another, wish- ing to sign at the same time. The delay in this instance was apparently due to the desire and the present policy of Great Britain to submit drafts of proposed agreements to its self-governing dominions, in whose favor the treaty contained a clause permitting the withdrawal of the Imperial and the substitution of a Colonial Commissioner chosen by the colony affected. The treaty with Russia was signed on October 1, 1914. Austria- Hungary, Belgium and Germany endorsed the plan, Mr. Bryan assures us, but they did not enter into treaties embodying it, although, to quote Mr. Bryan's exact language on this point, "the same earnest effort was put forth to negotiate treaties with them which was employed in secur- ing treaties with the other nations, and the plan was offered to all nations alike without regard to population, extent of territory, or rela- tive influence." From an examination of the list it will be noticed, as Mr. Bryan stated to the undersigned : "that nearly all of the nations of large in- fluence are included and the nations which liave not endorsed the prin- ciple have, as a rule, been restrained by circumstances which readily explain their failure to give endorsement. For instance, Mexico has not until very recently had a government recognized by the United States. Between us and Japan there is an unsettled dispute relating to the California alien laws, and Colombia, the only country in South America which has not signed the treaty, failed to do so because another treaty awaited ratification by the United States." XXXVl INTRODUCTION The principal arguments in favor of Mr. Bryan's plan, are, to quote his exact language instead of paraphrasing it: First, that it gives time for passion to subside and for reason to resume her sway — a time for cooling off. European diplomats have asserted that a week's time for consideration would have prevented the present war. Our plan gives fifty-two weeks. Second, it gives time for separation of questions of honor from questions of fact, inasmuch as the line between these two kinds of questions is apt to be obscured in times of excitement. Third, it gives time for the peace forces of the world to operate. While the treaties do not make war impossible they make it a remote possibility. Nations are not apt to go to war after a year's time spent in investigation of the facts by an international tribunal. The nations have had machinery for war — they could go to war in a week — ^but strange to say, they had no machinery for the ad- justment of disputes which defied diplomatic settlement. They were compelled to rely upon good offices or mediation with noth- ing to prevent acts of hostilities before either could be offered. The peace treaty plan furnishes the machinery, and it can be in- voked as soon as diplomacy fails. The time may come when all questions, without exception, will be submitted tO' arbitration ; until that time, the treaty providing for investigation in all cases is the best insurance we have against war."^ Taking Mr. Bryan's account of the nature, purpose and scope of the treaties, officially called, "Treaties for the Advancement of Peace," as accurate, as indeed Mr. Bryan must be regarded as the primary source of authority in such matters, we are now prepared to consider the texts of the treaties which he negotiated to give effect to his views. They are thirty in number. The first five were quite naturally concluded with American countries, of which Salvador was the first to sign, and these countries were willing to go farther than the European countries in which a step in advance is the subject of much discussion and is only taken with extreme caution. The first European treaty was, as pre- viously stated, appropriately concluded with the Netherlands, which country has been for some years the very pivot and center of an en- lightened and reasonable peace movement, and since the meeting of the two Conferences at The Hague and the location in that city of the Peace Palace, due to the munificence of an American citizen, Mr. 1 Letter of Mr. Bryan to J. B. Scott, September 30, 1917. INTRODUCTION XXXVll Andrew Carnegie, to house the Permanent Court of Arbitration and a library for its use. The Hague may with considerable propriety be called the very center and capital of internationalism. Let us therefore compare the treaties with Salvador and the Nether- lands and then pass to a consideration of the other treaties which Mr. Bryan was fortunate enough to negotiate with the remaining. American and European countries, and with China and Persia. But before doing so, it is advisable to state that treaties embodying Mr. Bryan's plan were concluded with the following countries, ar- ranged according to the dates of signature which are given in each instance : Country Date of Signature Salvador August 7, 1913. Guatemala September 20, 1913. Panama September 20, 1913. Honduras November 3, 1913. Nicaragua December 17, 1913. Netherlands December 18, 1913. Bolivia January 22, 1914. Persia February 4, 1914. Portugal February 4, 1914. Costa Rica February 13, 1914. Switzerland February 13, 1914. Dominican Republic February 17, 1914. Venezuela March 21, 1914. Denmark April 17, 1914. Italy May 5, 1914. Norway June 24, 1914. Peru July 14, 1914. Uruguay July 20, 1914. Brazil July 24, 1914. Argentine Republic July 24, 1914. Chile July 24, 1914. Paraguay • August 29, 1914. China September 15, 1914. France September 15, 1914. Great Britain September 15, 1914. Spain September 15, 1914. Russia • • • .October 1, 1914. Ecuador October 13, 1914. Greece October 13, 1914. Sweden October 13, 1914. XXXVUl INTRODUCTION Of these treaties, thirty in number, the Senate of the United States has advised and consented to the ratification of the following twenty- eight, arranged in the order oi such approval : Country Ratification advised by the Senate Argentine Republic August 13 Bolivia August 13 Brazil August 13; Costa Rica August 13 Guatemala August 13 Honduras August 13 Italy August 13 Netherlands August 13, Nicaragua August 13 Norway August 13 Persia August 13 Portugal August 13, Salvador August 13 Switzerland August 13 Uruguay August 13 Venezuela August 13 Chile August 20, Peru August 20, France September 25 Great Britain September 25 Spain September 25 Denmark September 30, China October 12 Russia October 13 Ecuador October 20, Greece October 20, Paraguay October 22 Sweden October 22 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. 1914. Of these twenty-eight, ratifications have been exchanged with the following countries, arranged according to the date of such exchange : Country Ratifications Exchanged Guatemala October 13, 1914. Norway October 21, 1914. Portugal October 24, 1914. Great Britain November 10, 1914. Costa Rica November 12, 1914. INTRODUCTION XXxix Spain December 21, 1914. Bolivia January 8, 1915. Sweden January 11, 1915. Denmark January 19, 1915. France January 22, 1915. Uruguay February 24, 1915. Peru March 4, 1915. Paraguay March 9, 1915. Italy March 19, 1915. Russia March 22, 1915. China October 22, 1915. Chile January 19, 1916. Ecuador January 22, 1916. Honduras July 27, 1916. Brazil October 28, 1916. The preamble in all of the treaties is identical and states the con- tracting countries as "desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace." In the first article of the treaty with Salvador the high contracting Parties "agree that all disputes between them, of every nature what- soever, which diplomacy shall fail to adjust, shall be submitted for in- vestigation and report to an international commission, to be constituted in the manner prescribed in the next succeeding article." That is to say, all disputes, whether involving questions of fact, law or policy, are to be submitted for investigation and report, provided only that diplomacy shall have failed to adjust them. The treaty with the Netherlands is more cautious, and makes it clear that the new supple- ments but does not supplant an older treaty providing for arbitration. Thus : "The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent inter- national commission, to be constituted in the manner prescribed in the next succeeding article." This limitation is just and proper from every point of view. In the first place, an obligation to arbitrate is not satisfied by sub- mitting a dispute covered by such a treaty, to the commission which only investigates and reports, whereas an arbitral tribunal decides the xl INTRODT.TCTION questions laid before it and binds the conscience and the good faith of the parties to comply with and to execute the award. In the second place, the membership of the arbitral tribunal may well differ from that of the commission, inasmuch as different qualifica- tions may be required to pass upon questions of law and to apply them to the facts as stated or found, from those fitted to find facts or take into consideration questions of honor, or vital interest which inevitably involve politics and international policy and in which questions of law may play but a modest or subdued role. • In the third and final place, for only essential differences are to be pointed out, the Netherland Government wanted to have it distinctly appear that, as far as it was concerned, the treaty was primarily to bring to investigation and report questions ordinarily reserved from the obligation to arbitrate contained in the general treaties of arbitra- tion, although if the agreement to arbitrate under the general treaty or agreement has not been complied with, the Bryan treaty may then be utilized to cause the particular matter to be submitted to the commis- sion. Such action is, however, to be the exception, not the rule. The two treaties are, however, alike in the final and vital clause of the first article, for the text of both is so similar as to be almost iden- tical in language as in meaning. Thus the treaty with Salvador pro- vides, as do all of the series, that the high contracting Parties "agree not to declare war or begin hostilities during such investigation and report." In each treaty the commission of inquiry is to be composed of five members, one to be chosen by each from its citizens or subjects, a second from a third country, and in the treaty with Salvador "the fifth member shall be chosen by common agreement between the two Govern- ments" ; in the treaty with the Netherlands the proviso is added "that he shall not be a citizen of either country." Doubtless in practice the . umpire would be a foreigner to each, but it was well to state it in order that three of the members, that is the majority, must be indifferent to the dispute. In each treaty the expenses of the commission are to be paid in equal proportions ; in the treaty with Salvador the commission is to be appointed within four, in that with the Netherlands, within six months after exchange of ratifications and vacancies are to be filled in each as in the case of original appointments. The third article of both is very similar, but not identical, as Mr. Bryan did not attempt to secure absolute uniformity of detail, wisely INTRODUCTION xK leaving something to the other side to suggest and to the United States to accept. By the first paragraph of each treaty the dispute is to be submitted to the commission immediately upon the collapse of diplo- macy. In the Salvadorian treaty the commission may "act upon its own initiative," notifying and requesting the cooperation of the Govern- ments; whereas in the Netherland draft the commission may "spon- taneously" offer its services. The meaning seems, however, to be identical in each case, as where special formalities are to be required, they are stated in the treaties. In the second sentence of the third article the treaty with Salvador presumes that the request of cooperation is tantamount to an obligation to cooperate. This is not, however, left to conjecture by the Nether- lands, as by the third paragraph of the article, the high contracting Parties "agree to furnish" the commission "with all the means and facilities required for its investigation and report." In the next para- graph of the article the commission has a year in which to investigate and to report upon the dispute, which, in the case of Salvador, may be extended, and in the case of the Netherlands limited or extended by mutual agreement. In each the report is to be in triplicate, one copy for each of the parties and the third for the files of the commission. The concluding paragraph is identical and as it is of the essence of Mr. Bryan's plan it is found in all of the treaties in similar if not in identical language. According to the text of the Salvadorian and Netherland treaty it reads: "The high contracting Parties retain the right to act independently on the subject-matter of the dispute after the report of the commission shall have been submitted." Thus far there have only been slight differences in the two texts making for clearness in thought and expression, and precision in the nature and extent of the obligation assumed. There was, however, an important difference between the treaties with Salvador, Guatemala, Panama, Honduras, Nicaragua and Persia on the one hand, and all the others, including, of course, the Netherlands, which latter country was the first to strike out the fourth article of the five American treaties in which it was followed by all other countries with the exception of Persia. This article is thus worded: Pending the investigation and report of the International Com- mission, the high contracting parties agree not to increase their xlii INTRODUCTION military or naval programs, unless danger from a third power shall compel such increase, in which case the party feeling itself menaced shall confidentially communicate the fact in writing to the other contracting party, whereupon the latter shall also be released from its obligation to maintain its military and naval status quo. The Senate in advising and consenting to the ratification of the treaties eliminated this article, thus removing this difference between them, reducing any variation in the various treaties to one of method rather than of obligation. In taking this action the Senate was well advised as the provisions of the article were complicated, difficult to supervise or control, and sought to lay a burden upon the contracting Parties which they would find irk- some to observe and which in addition was really out of place, as the re- lations of a contracting party with a third State was no concern of the contracting country. The final and formal article regarding ratification provides in each of the two treaties under consideration that each is concluded for a period of five years and remains in eflfect thereafter until twelve months after notice given by either of an intention to terminate it. Each article of the earliest American and of the European or later model has been passed in review in order to show how alike they are in all their essential parts, and a careful examination and comparison of all the treaties will disclose the fact that they differ from one another and from these two in what may be considered minor details, due to a desire for different provisions in some instances, to a preference for a more precise formulation of their terms and to a greater precision of expression. The sense in which the various treaties ratified and proclaimed was understood by Mr. Bryan and the Senate can be seen from Secretary Bryan's letter of August 1, 1914, addressed to the Honorable William J. Stone, then chairman of the Committee on Foreign Relations of the United States Senate, and in an editorial comment written by the under- signed on the treaties in the American Journal of International Law for July, 1914, which Mr. Bryan sent to each member of the Senate at the time of and for the purpose of their ratification. The differences in each case arranged under appropriate headings are admirably stated, and classified in an editorial comment in the American Journal of Inter- national Law for October, 1916, written by George A. Finch, secre- tary of the Board of Editors of the Journal. INTRODUCTION xHii To avoid conscious repetition and an unconscious reproduction of their terms in language paraphrased when not directly quoted, these three documents are for the convenience of the reader appended to the present introduction. The Treaties for the Advancement of Peace leave diplomacy to achieve its hundred silent victories to one announced defeat. Good offices and mediation may be offered and accepted. Friendly com- position may be invoked and arbitration employed without interposition of the commission of inquiry. If diplomacy fails and no other means are resorted to, or if the dispute involves honor or vital interests, fall- ing beyond the scope of any agreement, Mr. Bryan's permanent com- mission, composed of three indifferent persons and a member from each disputant, stands ready to accept jurisdiction at the behest of the parties, or of one of them, or to offer their services in order to inves- tigate the case, and to report its findings to the Governments in con- troversy. Imitation, they say, is the sincerest flattery, and it is a very striking tribute to the excellence of Mr. Bryan's treaties that the great and progressive States of Argentina, Brazil, and Chile have not only nego- tiated treaties for the advancement of peace with the United States, but have also negotiated a treaty of the same kind between and among themselves.^ This treaty, signed in the city of Buenos Aires on the 2Sth day of May, 1915, shows that in their opinion an agreement of this kind need not be confined to two countries, and it is therefore the first step, appro- priately taken in the new world, towards the creation of an interna- tional commission of inquiry to which many nations, if not all, may be parties. What two can do, three have done; and what three can do, all may. It is no doubt easier for a small number of nations to con- clude a treaty of this kind, inasmuch as each may have a permanent member without unduly enlarging the commission. In the present case, each of the contracting nations limited itself to a member, and the commission of three members was to meet and to function in case of need in the conveniently located city of Montevideo, in the Republic of Uruguay. 1 Appendix, post, p. 147. xliv INTRODUCTION For a treaty to which many nations would be parties, it would only be necessary to agree upon a number of members possessing the con- fidence of the contracting countries, and to allow each of the nations in dispute to add one of its citizens or subjects to the permanent mem- bership thus composed, which may be considered the nucleus of the commission. Because of the interest and importance of this treaty, four of its articles are quoted. The first, dealing with jurisdiction is thus worded : Controversies which may arise among the three Contracting Parties, or between two of them, on any subject whatever orig- inating in the future and which can not be adjusted by diplomacy, or submitted to arbitration in conformity with existing or future treaties, shall be submitted for investigation and report to a Per- manent Commission organized in the manner established by Article 3. The High Contracting Parties engage not to commit hostile acts before the report of the Commission established by the present treaty, or until the expiration of the period of one year mentioned in Article 5. The third article provides that the commission shall be organized as follows: In order to constitute the permanent commission referred to in Article 1, each of the High Contracting Parties shall appoint a delegate within three months after the exchange of ratifications of the present treaty. Each Government may revoke the appoint- ment of its own delegate at any time before the beginning of the investigation, but shall, however, designate the successor in the same act of revocation. Vacancy due to other causes shall be filled by the respective Government, and the provisions of the present treaty shall not be suspended thereby. To the commission thus formed, the fourth article requires that : The controversies mentioned in Article 1 shall be submitted for investigation and report to the commission immediately after the breakdown of the diplomatic negotiations for their solution. Each of the Governments interested in the controversy can convoke the Commission. In order that the convocation may produce its effect, it is sufficient to communicate it to the two other Governments. The fifth article deals with the procedure, which it regulates in the following manner: The Permanent Commission shall be constituted in the city of Montevideo within three months of its convocation, and it shall INTRODUCTION xlv determine the rules of procedure necessary for the accompHshment of its mission. If for any reason the Commission can not meet, it shall, at the expiration of the three months, be considered as con- stituted for the purposes of the periods established in the present article. The High Contracting Parties shall submit the antece- dents and the information necessary for the investigation. The Commission must present its report before the expiration of a year from the date of its constitution. If it can not complete its investigation nor prepare its report within the period fixed, it may extend the period for six months or longer, with the consent of the High Contracting Parties. As in the case of the Treaties for the Advancement of Peace, to which only two contracting nations are parties, the report is advisory, leaving it to the nations to take such action as their wisdom, discre- tion, or special interests may suggest. But Mr. Bryan's plan and method of composing the commission is as applicable to an international court of justice as to an international commission of inquiry. In enumerating the advantages of his method of constituting the Board or Commission, Mr. Bryan says that in order to assure fairness two members should be added in every inves- tigation, one of whom should be chosen by each side; and that the temporary should possess equal authority with the permanent members during the investigation for which they were selected. If an interna- tional court were to be formed by the civilized nations professing and practicing international law, and if the court were to consist of an odd number of judges, — not less than nine, nor more than thirteen, — each litigating nation could, if not represented on the bench, appoint "in order to assure fairness," one of its subjects or citizens, to sit with the permanent judges during the trial and disposition of the case. The judgment would, under given conditions, be reached by permanent and indifferent members who would nevertheless enjoy the advantage of the presence of alert and vigilant representatives of the litigating nations. The judges would also benefit by the knowledge which the temporary members possessed, of the laws and constitutions of the countries in controversy, without danger that the decision would in any way depend upon these frankly interested parties. A court constituted in this manner would be as ready as the commis- sion to assume jurisdiction and if either party could thus lay its case before the court as it may before the commission, a judgment would Xlvi INTRODUCTION be reached by judicial means ascertaining the rights and duties of the contending parties. As in the case of the commission, it is not necessary to enforce the decision as execution of an arbitral award depends upon the good faith of the parties, and good faith has hitherto been found sufficient. If we would frankly admit that the duty of the judge is to decide and not to execute, we could by this simple device secure a judicial decision of every justiciable dispute when and as it arises, upon the initiative of the party in interest, and leave public opinion to do the rest. By this method a special agreement for each case would not need to be negotiated and any nation could as plaintiff carry its difference to the court and set it in motion. If each party were left free to accept and to comply with the holding, according to its standard of honor and conception of its duty in the premises, there could be no greater ob- jection to a treaty creating a permanent international court of justice instead of or in addition to a permanent international commission of inquiry, and, as far as the United States is concerned, there would be thirty precedents for signing, twenty-nine precedents for ratifying, and twenty precedents for proclaiming such an agreement. We are so accustomed to associate execution with judgment that we find it hard, if not impossible, to separate the two and think of one without .the other. Yet it is a fact that the two grew up separately, that the judgment antedated the execution and that it is only in fully de- veloped systems of jurisprudence that the two are combined. They are concomitants in suits between private suitors, they are not inseparable companions in litigation to which nations are parties. It is therefore well to let experience decide whether execution is necessary, and to suggest the terms of an agreement on this subject, if one should prove to be advisable and practicable. The absence of the sheriff does not prevent the negotiation of treaties of arbitration, the absence of the marshal should not delay the negotia- tion of a treaty for judicial settlement. The experience had with the one suggests the feasibility of the other, and a permanent nucleus of judges, chosen by the nations, to pass upon their justiciable disputes, would as- sure a judgment by disinterested parties, in accordance with a treaty creating the obligation for all of the high contracting parties to submit their controversies to the same body and number of indifferent judges, preserving to each equality of representation upon the bench during the trial and disposition of the case. INTRODUCTION xlvii This equality would not be affected by the fact that a member of the court happened to belong to one of the litigating nations, inasmuch as the other litigant could exercise its right of appointment for the case and have its views presented by a judge of its own choice, who would, it is to be presumed, be equally well informed and vigilant as the judge of the other litigant. By this method we would thus have one obligation for all, and an equality of representation for each at the very moment when it is de- sired and supposed to be of prime importance. Possessed of the experience which would necessarily result from such an institution, the nations could then in the light of this experience and of its lessons establish a more perfect tribunal, just as the f ramers of the Constitution of the United States created a more perfect Union because of the experience and the lessons of the Confederation. To the modern man with the medieval mind, these treaties will seem but sorry stuff, for they decide nothing, leaving the nations free to adopt or to reject the report of the commitee of inquiry. To others they will seem unheroic, as physical force is neither invoked to compel the contracting parties to submit the dispute to the commission nor to enforce its findings. To those who believe in good faith and that it can only be educated, not coerced into action in conformity with the given word, as well as to those who regard public opinion as the universal and supreme sanction before which in the long run crowns are humbled and against which the mailed fist strikes in vain, these harmless agreements, for they can neither injure man nor nation, will be a comfort and a hope : a comfort that the persuasion of public opinion is relied upon instead of physical coercion, and a hope that other advocates of justice between nations will regard these treaties as precedents for further progress. Any dispute that can be talked about can be settled ; any dispute that is talked about must and will be settled in accordance with the dictates of an insistent and enlightened public opinion. James Brown Scott. Washington, D. C, July 9, 1918. Letter of Secretary of State Bryan to the Honorable W. J. Stone, Chairman of the Committee on Foreign Relations of the United States Senate, August 1, 1914^ August I, 1914. My dear Senator: In compliance with your request, I am sending you a comparison of the twenty treaties showing wherein they are identical and wherein they differ. The treaty with Salvador, signed August 7, 1913, is the first of this series, and the text of this treaty will be used as the basis for comparison. The first clause of Article 1 of the Salvador treaty reads : The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an Inter- national Commission, to be constituted in the manner prescribed in the next succeeding article; This clause in the treaties with Guatemala, Panama, Honduras, Nicaragua and Persia is identical with Article 1 of the Salvador treaty, and in the treaties with Denmark, the United States of Venezuela, Nor- way, the Argentine Republic and the Republic of Chile is substantially the same, the difference being merely in the use of other words of the same meaning. The first clause of Article 1 of the Netherland treaty reads : The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for investigation and re- port to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article ; and this language is followed substantially in the treaties with Bolivia, the Portuguese Republic, Switzerland, Costa Rica, the Dominican Republic (see first sentence in Article III), Italy, Uruguay, and Brazil — the treaty with the United States of Brazil limits questions of an 1 MS. Department of State. INTRODUCTION xHx international character and this limitation is, of course, understood in the others. The exception in regard to arbitration to be found in the treaty with the Netherlands and in those that contain similar language is also understood. These treaties are intended to supplement other treaties, not abrogate them. The last clause of Article I of the Salvador treaty will be found in all the treaties ; where there is any change in the wording, the change does not affect the meaning. This clause embodies one of the essential principles of the plan, namely, that there shall be no declaration of war or commencement of hostilities until the investigation is concluded and the report prepared. The treaty with the Republic of Chile adds : Nor before all resources stipulated in this treaty have proved unsuccessful. - The first paragraph of Article II of the Salvador treaty reads: The International Commission shall be composed of five mem- bers, to be appointed as follows : One member shall be chosen from each country, by the Government thereof ; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments. The expenses of the Commission shall be paid by the two Governments in equal proportion. This method of selection is followed in all the other treaties, but in three treaties, namely, those with Norway, the Argentine Republic, and the Republic of Chile, provision is made for the selection of the fifth member in case the two countries can not agree. In the treaty with the Argentine Republic the fifth member, in case of disagreement between the two countries, is to be chosen by the president of the Swiss Con- federation. The treaty with Norway provides that, in case of dis- agreement, the fifth member shall be chosen according to Article 87 of the Hague Convention of 1907. The treaty with the United States of Venezuela provides that the selection of the fifth member may be submitted to the other four. The treaties with the Netherlands, Bolivia, the Portuguese Republic, Denmark, Switzerland, Costa Rica, Dominican Republic, the United States of Venezuela, Italy, Norway, Uruguay, and the Argentine Re- public provide that the fifth member of the Commission shall not be a citizen of either of the contracting nations, and the treaties with, the United States of Brazil and the Republic of Chile provide that the fifth 1 INTEODUCTION member shall not be a citizen of any of the countries represented by the other four commissioners. The treaties with the United States of Brazil and the Republic of Chile provide that the fifth member shall preside. All the treaties provide that the expenses of the Commission shall be borne equally by the two countries. In the treaties with Bolivia, Switzerland, Costa Rica, the Dominican Republic, Italy, and Uruguay it is provided that the Commissioners are to receive compensation only when actually employed. While this is not stated in the other treaties, we may assume that the same is intended. All the treaties provide that vacancies are to be filled in the same manner as the original appointments are made. The treaties with Bolivia, Switzerland, Costa Rica, Dominican Re- public, Italy, Uruguay, the United States of Brazil, the Argentine Republic, and the Republic of Chile provide that each party, before investigation begins, may withdraw any Commissioner appointed by it and substitute another of its choice. These treaties provide that, before investigation begins, either party may withdraw its consent to the fifth member, in which case the parties are to agree upon a substitute. The treaties with the United States of Brazil, the Argentine Republic, and the Republic of Chile provide that the Swiss Confederation shall select the fifth member if, before investigation begins, one of the two parties withdraws its consent to the fifth member and the two countries cannot agree upon his successor. Nine of the treaties provide that the Commission shall be organized within four months after exchange of ratifications ; seven of the treaties fix the time at six months and four provide that it shall be as soon as possible. The treaty with Switzerland provides that the Commission shall make its own rules. The treaties with Denmark and Norway provide that the Hague Convention (1907) rules shall govern the Commission unless other rules are agreed upon by the parties. The first paragraph of Article III of the Salvador treaty reads : In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The In- ternational Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. INTRODUCTION li This provision for action by the Commission on its own initiative, as well as when action is requested by the parties, is contained in the treaties with Guatemala, Panama, Honduras, Nicaragua, the Nether- lands, Bolivia, Persia, the Portuguese Republic, Denmark, Switzerland, Costa Rica, the Dominican Republic, the United States of Venezuela, Norway and Uruguay; in the treaties with Bolivia and Uruguay the action taken by the Commission offering its services must be taken by unanimous agreement. The treaties with Italy, the United States of Brazil, the Argentine Republic and the Republic of Chile provide for the invocation of the Commission by one or both of the contracting parties, but do not au- thorize the Commission to take the initiative. The treaty with the United States of Venezuela provides that "The International Commission may, however, before taking diplomatic steps or in the course thereof, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation." That sentence, standing alone, might indicate an intention that the Commission should offer its services before diplomatic efforts had failed, but when taken in connection with the preceding sentence — In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report — it can not be so construed. In the treaties with the Netherlands, Bolivia, the Portuguese Re- public, Switzerland, Costa Rica, the Dominican Republic, the United States of Venezuela, Norway, Uruguay, the United States of Brazil, the Argentine Republic, and the Republic of Chile the parties agree to furnish the necessary documents and assist the Commission. In the treaty with Italy the parties agree to furnish documents and afford all facilities, provided they do not conflict with the laws or supreme inter- ests of the State or damage the rights or interests of third States. The second paragraph of Article III of the Salvador treaty reads : The report of the International Commission shall be completed within one year after the date on which it shall declare its inves- tigation to have begun, unless the High Contracting Parties shall extend the time by mutual agreement. The report shall be pre- pared in triplicate; one copy shall be presented to each Govern- ment, and the third retained by the Commission for its files. lii INTRODUCTION All the other treaties likewise provide for a year's investigation, the report to be made at the end of that period, unless the time is extended by agreement. The treaty with the Republic of Qiile allows six months more for renewed negotiations to bring about a settlement in view of the findings. The third paragraph of Article III of the treaty with Salvador reads : The High Contracting Parties reserve the right to act inde- pendently on the subject-matter of the dispute after the report oi the Commission shall have been submitted. All the other treaties contain the same or similar language, the reser- vation of the right to act independently after investigation being neces- sary because the treaties cover all controversies not otherwise pro- vided for. Article IV of the Salvador treaty reads : Pending the investigation and report of the International Com- mission, the High Contracting Parties agree not to increase their military or naval programs, unless danger from a third Power should compel such increase, in which case the party feeling itself menaced shall confidentially communicate the fact in writing to the other Contracting Party, whereupon the latter shall also be released from its obligation to maintain its military and naval status quo. The same provision is embodied in the treaties with Guatemala, Panama, Honduras, Nicaragua and Persia, but this article is not found in any of the other treaties. This provision in regard to the military and naval program was suggested by this Government on the theory that it would be necessary to include some such provision in order to secure the necessary time for investigation, but most of the Govern- ments have preferred to make no reference to the subject and the omission is entirely agreeable to this Government. The Governments which signed the treaties containing this provision would doubtless have signed as willingly had the treaties with them omitted Article IV. The treaty with Salvador provides in Article V that the convention shall continue for a period of five years and thereafter remain in force until twelve months after one of the Contracting Parties gives notice to terminate it. This form is followed in all the other treaties, ex- cepting the treaty with the Republic of Chile, which prescribes for auto- matic renewal for successive five-year periods. INTRODUCTION HH In addition to the agreement for investigation in all cases, the treaties with the Republic of Chile and the Dominican Republic contain the provisions embodied in the arbitration treaties which the United States has negotiated with some twenty-six countries, the Dominican Re- public and the Republic of Chile not having arbitration treaties pre- viously concluded with the United States. Appreciating the support which the members of your Committee have given to this plan for the promotion of peace, and hoping for an early ratification of these conventions, I am, Very truly yours, W. J. Bryan. Secretary Bryan's Peace Plan^ As the Journal has devoted two editorial comments to Secretary Bryan's peace plan — that is to say, the conventions negotiated by him as Secretary of State with foreign countries, providing for commis- sions of inquiry to pass upon international disputes which may arise between them — it is not necessary to restate the terms of the treaties or the advantages which are expected to flow from their ratification and application in practice. The Journal, however, is pleased to print the following list of countries, chronologically arranged, which have indicated acceptance in principle of the peace plan up to July 24, 1914, furnished by the courtesy of His Excellency the Secretary of State: 1. Italy 13. Argentina 2. Great Britain 14. China 3. France 15. Dominican Republic 4. Brazil 16. Guatemala 5. Sweden 17. Haiti 6. Norway 18. Spain 7. Russia 19. Portugal 8. Peru 20. Belgium 9. Austria-Hungary 21. Denmark 10. Netherlands 22. Chile 11. Bolivia 23. Cuba 12. Germany 24. Costa Rica ^ Editorial by James Brown Scott in the American Journal of International Law, 1914, p. 565. liv INTRODUCTION 25. Salvador 30. Nicaragua 26. Switzerland 31. Persia 27. Paraguay 32. Ecuador 28. Panama 33. Venezuela 29. Honduras 34. Greece The following is likewise an official list, furnished by the Secretary of State, of countries, chronologically arranged, which have entered into treaties endorsing the principles and details of the peace plan up to July 24, 1914: 1. Salvador August 7. 1913 2. Guatemala September 20, 1913 3. Panama September 20, 1913 4. Honduras November 3, 1913 5. Nicaragua December 17, 1913 6. Netherlands December 18, 1913 7. Bolivia January 22, 1914 8. Portugal February 4, 1914 9. Persia February 4, 1914 10. Denmark February 5, 1914 11. Switzerland February 13, 1914 12. Costa Rica February 13, 1914 13. Dominican Republic February 17, 1914 14. Venezuela March 21, 1914 15. Italy May 5, 1914 16. Norway June 24, 1914 17. Peru July 14, 1914 18. Uruguay July 20, 1914 19. Argentina July 24, 1914 20. Brazil July 24, 1914 21. Chile July 24, 1914 Treaties with France and Great Britain have been agreed upon and will, it is expected, be signed in a few days. It is thus seen that twenty- one treaties have actually been signed, and on July 24, 1914, twenty of these were laid before the Senate for its advice and consent. As the Senate Committee on Foreign Relations has already approved them in principle, it is believed that they will shortly be ready for ratification. INTRODUCTION Iv The treaty with Peru, owing to delay in transmission, will be sent to the Senate later. The provisions of the treaties differ, although the principle is in- variably the same, and through the courtesy of the Secretary of State the Journal is enabled to give the text of what Mr. Bryan regards as representative of the entire group, namely, the convention between the Netherlands and the United States of December 18, 1913. The pre- amble states — and the preamble is true in this case — ^that the United States and Her Majesty the Queen of the Netherlands are "desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace." It would be a waste of time to comment upon this simple sentence, for since the Jay Treaty of 1794, which introduced arbitration into the modern practice of nations, the United States has been a leader, as well as a pioneer in the peaceful settlement of international disputes, and since the meeting of the First Peace Conference at The Hague in 1899 Holland has been and is the center of international development. It is perhaps not too much to say that the little city of The Hague has become the unofficial capital of the society of nations. It may be permissible to quote, in support of these views, a passage from an address of Mr. Frederic R. Coudert, introducing His Excel- lency Mr. Loudon, then Netherland Minister to the United States, but now Minister of Foreign Affairs of his country, who in his present capacity authorized the Netherland Minister to negotiate the treaty in question with the United States: There is in Europe one country — I was going to say a little country, but that is not the word, because if bigness consists of high principles, if it consists of altruism, if it consists of spiritual power, if it consists of standing for the right and for fairness among men, then Holland is a great country, and always has been. It was great in the days when the military ideal stood high, and, if I remember rightly, none other than Hollanders were accustomed to carrying brooms at their mastheads in a certain historic channel. But times pass along, and having excelled in the ideals of the Middle Ages, they left them to excel in the ideals of modern times .^ But to the treaty. By its first article - The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which 1 American Society of International Law, Proceedings (1913), pp. 265-266. Ivi INTRODUCTION previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. It is believed that this article defines in the clearest and most immis- takable language the relation of the International Commission for ar- bitration, for it is expressly stated that diplomatic methods shall have been used to produce agreement and that they have failed ; that arbitra- tion is not rejected in favor of a commission, because the disputes to be submitted to it are either those not covered by a treaty of arbitration, or, if included, are not actually arbitrated. That is to say, disputes of whatsoever nature, not included in arbitration treaties, are to be submitted to the Commission, so that the new agency is to supple- ment the defects or shortcomings of such treaties and to bring to discussion all matters of controversy between the two countries in excess of the obligation assumed in treaties of arbitration. As will be seen in Article III, the two countries do not confuse the proceedings before the Commission with the consequences of arbitra- tion, because the Commission reports; the arbitral tribunal decides. The contracting parties believe, and it would appear properly, that a report based upon careful investigation is tantamount to a settlement, and it is to be hoped that this belief will be justified by the facts. It will be noted that the concluding clause of Article I provides that war shall not be declared or hostilities begun before the report of the Com- mission is submitted. While war between the Netherlands and the United States is unthinkable, such an agreement is far from useless. Its very presence is an invitation to other nations, with which war is not unthinkable, to investigate before they fight, or rather to investi- gate instead of fighting. Its presence in many instruments of this kind will reinforce its influence in this one, and it will be harder in the future than in the past to refuse the reasonable demand of a foreign nation, as did the United States in 1898, to submit a controversy such as the blowing up of the Maine to an international commission of inquiry. The next article deals with the composition of this important body : INTRODUCTION Ivii The International Commission shall be composed of five mem- bers, to be appointed as follows : One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty ; and vacancies shall be filled according to the manner of the original appointment. In the first place, it is to be observed that the Commission is to be permanent (Article I) ; that, although each country is to be repre- sented in it by a citizen or subject of its choice, the other members, including the fifth, who may probably be chairman, are to be foreigners, so that control of the national element is excluded ; for, say what we will, a citizen or subject remains in international matters a citizen or subject. His presence in a commission of this kind, however, may well be helpful rather than detrimental, because the report, as will be seen in Article III, is not binding upon the Governments. This article is very important, because it contains an obligation on the part of the Governments and vests the Commission with the initiative, if the Gov- ernments do not themselves lay the dispute before it. But it will be well to quote the article in full before commenting upon it: Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The In- ternational Commission may, however, spontaneously offer its services to that effect, and in such case it shall notify both Gov- ernments and request their cooperation in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its inves- tigation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in tripHcate ; one copy shall be presented to each Gov- ernment, and the third retained by the Commission for its files. Iviii INTRODUCTION The High Contracting Parties reserve the right to act inde- pendently on the subject-matter of the dispute after the report of the Commission shall have been submitted. The first sentence should be construed with Article I, for, standing alone, it might seem that arbitration was to be excluded. By so doing it appears that, if there be no treaty of arbitration covering the dispute, or if the duty to arbitrate has not been complied with, diplomacy is not to drag on interminably, for upon its failure the Governments agree to refer the dispute "at once" for investigation and report. It may hap- pen, however, that one of the Governments may be unwilling to do this and, were it not for the second sentence of Article III, we would have, as it were, a deadlock. This sentence, however, allows the Commission on its own initiative — "spontaneously" is the word in the text — "to offer its services," and the second paragraph of the article apparently binds the contracting parties to furnish the Commission "with all the means and facilities required for its investigation and report" as fully as if the reference were with the consent and upon the motion of the two Governments. There would seem, therefore, to be no escape from arbitration, on the one hand, if a treaty exists, or from the investigation and report of a Commission, whether the Government will or no. Herein lies the great importance of the treaties, for investigation must in many cases amount to settlement ; for no nation, however powerful, can in the long run withstand public opinion, and public opinion will no doubt be created by this article. It will be observed that the provision found in some of the treaties not to declare war and begin hostilities within a year, absent in ex- press terms from this treaty, is nevertheless read into it indirectly, for the Commission has, by Article III, a year after the beginning of its investigation to prepare its report. The advantage of such a provision is too evident to need comment, and its application to the Maine inci- dent will no doubt suggest itself, even to the casual reader. The concluding paragraph of Article III is hardly less important than the power of the Commission to act spontaneously — that is, on its own initiative — and this although it does not attach any obligation on the part of the Governments to put into effect the conclusions of the report. Indeed, this seeming defect is its crowning glory, for we know from every-day experience how unwilling we are to do that which we are bound to do, and how often we do voluntarily what we do not INTRODUCTION lix need to do. There is no escape from the investigation, for, if the Governments are recalcitrant, the Commission itself may step in, and it is interesting to note that in public documents "may" is not permis- sive, but mandatory. If therefore the case is before the Commission, and its submission does not depend upon the two Governments or upon their national representatives, for they are a minority of two in a body of five, a report is inevitable, supposing that the foreign members are set upon a report, and it is believed that compliance with the report is inevitable, because of the pressure of public opinion which will be in this case enlightened. For the sake of completeness Article IV is quoted, although the last two paragraphs of it deal with its signature: Article IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof ; and by Her Majesty the Queen of the Nether- lands ; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years ; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the eighteenth day of December, in the year of our Lord nineteen hundred and thirteen. The treaty, it will be noted, is concluded for a period of five years, but in reality it is for six years, as it remains in force for a twelvemonth after one or the other party may have given notice of an intention to terminate it. From this brief analysis of the convention, it is evident that it does not interfere with any existing agency of peace, because the nations are always free, through the channels of diplomacy, to adjust their disputes by direct negotiations or by some other means, if they so de- sire. Arbitration is expressly reserved, so that the present treaty sup- plements, but does not modify, a duty to arbitrate. It does bind the nations, however, to submit their other disputes without reservation to the investigation and report of a permanent Commission, which can act upon their mutual request, or indeed without their request, and Ix INTRODUCTION Mr. Bryan is to be congratulated upon having secured the discussion of all disputes between the contracting parties, not otherwise provided for, by the apparently simple yet effective device of an investigation and report, which is believed to be tantamount to settlement. The Bryan Peace Treaties^ We are printing in the Supplement to this number of the Journal the complete English texts of the treaties negotiated by former Secre- tary of State Br)ran for the purpose of advancing the cause of general peace, the ratifications of which have been exchanged up to the present time (October 1, 1916), namely, the treaties with Bolivia, Chile, China, Costa Rica, Denmark, Ecuador, France, Great Britain, Guatemala, Honduras, Italy, Norway, Paraguay, Peru, Portugal, Russia, Spain, Sweden and Uruguay. All of these treaties are based upon the same principle, namely, that disputes which the high contracting parties are unable to adjust by diplomacy or arbitration shall be referred to a com- mission for investigation and report and that hostilities may not be re- sorted to in the meantime. Several formulas for stating and applying these principles were adopted from time to time, and the later treaties present a combination of two or more of the different drafts used. It is believed that it will be of interest to the readers of the Journal to classify the provisions of the treaties so as to show the different forms used with respect to the various countries. Jurisdictional clatises Four variations of phraseology have been used to express the kind of disputes which the high contracting parties agree to refer for investi- gation and report to the permanent international commissions. They are, with the countries using them, as follows : All disputes of every nature whatsoever to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact. Bolivia, Costa Rica, Ecuador, Great Britain, Peru, Portugal and Uruguay. 1 Editorial by George A. Finch in the American Journal of International Law 1916, p. 882. INTRODUCTION Ixi AH disputes of every nature whatsoever which diplomacy shall fail to adjust. Chile, Denmark, Guatemala, Honduras, Paraguay and Russia. Any disputes of whatever nature they may be when ordinary diplomatic proceedings have failed and the High Contracting Par- ties do not have recourse to arbitration. China, France, Italy, Spain and Sweden. All disputes of every nature whatsoever, provided the treaties in force do not prescribe settlement by arbitration. Norway. Postponement of hostilities The treaties contain substantially the same provision on this point, namely, an agreement not to declare war or begin hostilities during the investigation of the commission and before its report is submitted. A slight modification is made in the treaty with Chile, which adds to this paragraph a clause reading "nor before all resources stipulated in this treaty have proved unsuccessful." This clause contemplates the sub- mission of the case to the Hague Court of Arbitration. (See heading Action after receipt of report.) Composition of the commission All of the treaties provide that the commission of investigation shall be composed of five members. The manner of their appointment is most frequently governed as follows : One member shall be chosen from each contracting country by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either country. Bolivia', Costa Rica, Denmark, Great Britain, Guatemala, Honduras, Italy, Paraguay, Peru, Portugal and Uruguay. The same formula is used by Chile, but with an additional stipula- tion that the fifth member shall not belong to any nationality already represented on the commission, and that he shall be its president. The same formula is likewise used by Ecuador, but with this proviso, that in case of dispute regarding the selection of the fifth member, who shall be president of the commission, the two Governments shall re- Ixii INTRODUCTION quest the President of the Swiss Confederation to choose such member. The treaties with China, France, Spain and Sweden use the original formula together with the addition made in the case of Chile, and add the following clause : In case the two Governments shall be unable to agree on the choice of the fifth Commissioner, the other four shall be called upon to designate him, and failing an understanding between them, the provisions of Article 45 of the Hague Convention of 1907 shall be applied. Norway uses the original formula and adds that if an agreement is not reached as to the appointment of the fifth member, he shall be chosen according tO' the rules laid down in Article 87 of the Hague Convention of 1907 for the peaceful settlement of international dis- putes. A shorter formula is provided in the treaty with Russia, under which each Government designates two members (without reference to na- tionality) and the fifth is designated by common consent, it being stipulated that he shall not belong to any of the nationalities already represented on the commission, and that he shall be its president. In the British treaty a special provision was inserted to allow the substitution upon the commission of a person to be named by a self- governing dominion in case the dispute mainly affects the interest of such dominion. Removal of commissioners The treaties with Bolivia, Costa Rica, Peru and Uruguay provide that each of the contracting parties shall have the right to remove at any time before investigation begins any commissioner selected by it and to name his successor, and under the same conditions shall also have the right to withdraw its approval of the fifth commissioner se- lected jointly, in which case a new commissioner shall be selected jointly as in the original selection. The treaties with Chile and Ecuador vary this clause by providing that each Government shall have the right to remove at any time before investigation begins any commissioner or commissioners selected by it, but must appoint his or their successors at the time of revoking the appointment. Either Government shall have the right to withdraw its approval of the fifth member, in which case his successor must be ap- pointed by common agreement within thirty days and, lacking such INTRODUCTION Ixiil agreement, the appointment will be made by the President of the Swiss Confederation. The treaty with Italy makes another variation by providing that each of the contracting parties shall have the right before the investigation has begun tc substitute for one of the members of the commission ap- pointed by it another person chosen from the category to which the commissioner to be replaced belonged. The other treaties contain no provision on this point. Expenses The stipulation on this point is generally that the expenses of the commission shall be paid by the two Governments in equal proportion : Chile, Denmark, Ecuador, Great Britain, Guatemala, Honduras, Nor- way, Paraguay, Portugal and Russia. Some of the treaties contain, in addition, a stipulation that when the commissioners are actually employed they shall receive such compensa- tion as may be agreed upon by the contracting parties: Bolivia, Costa Rica, Italy, Peru and Uruguay. In still Other cases the stipulation varies by providing that the con- tracting parties, before designating the commissioners, shall reach an understanding in regard to their compensation and that each Govern- ment shall bear half of the expenses of the commission: China, France, Spain and Sweden. Period for appointment of commissioners Three different periods are used : As soon as possible after the exchange of ratifications of the treaty: Bolivia, Costa Rica, Peru and Uruguay. Within four months after the exchange of ratifications: Chile, Denmark, Guatemala, Honduras, Norway and Paraguay. Within six months after the exchange of ratifications: China, Ecuador, France, Great Britain, Italy, Portugal, Russia, Spain and Sweden. Vacancies All of the treaties provide that vacancies shall be filled according to the manner of the original appointment. Those treaties which make Ixiv INTRODUCTION provision for the removal of commissioners contain special provisions for appointing their successors, as above indicated, and such vacancies are excluded in these treaties from the operation of the general pro- vision regarding other vacancies. The treaty with Ecuador contains the stipulation that general vacan- cies shall be filled within fifteen days after the receipt of notice of the vacancy. Date of organization of the commission Only the treaties with Chile and Ecuador provide that the date of the organization of the commission shall be notified to the contracting Governments. Tenure of office of the commissioners Most of the treaties make no reference to the tenure of office of the commissioners, it apparently being understood that their term of office is indefinite. The treaties with China, France, Russia, Spain, and Sweden, how- ever, contain the following provision : The members shall be appointed for one year and their appoint- ment may be renewed. They shall remain in office until superseded or reappointed, or until the work in which they are engaged at the time their office expires is completed. The treaty with Italy contains the following provision: Each Commissioner shall hold his place during a term of four years ; at the expiration of this term, or in the event of vacancy, the confirmation or the substitution of the Commissioner whose term may have expired or whose place may be vacant shall be made in the same manner. Procedure The procedure of the commission is not always provided for in the treaties. The treaties with Denmark and Norway provide that, unless otherwise agreed upon, the procedure shall be regulated by the pro- visions of Chapter III of the Hague Convention of 1907 for the peace- ful settlement of international disputes. The following provision regarding procedure is contained in the treaties with China, France, Russia, Spain, and Sweden: "The com- mission shall as far as possible be guided by the provisions contained in Articles 9 to 36 of Convention I of The Hague of 1907." INTRODUCTION IxV The treaties with Chile, Ecuador and Italy provide that, in the ab- sence of an agreement to the contrary, the commission shall adopt its own regulations regarding procedure. Method of referring disputes to commission The treaties usually contain an apparently simple provision that the dispute shall be referred to the international commission by the con- tracting parties : Bolivia, Costa Rica, Denmark, Great Britain, Guatemala, Honduras, Norway, Paraguay, Peru, Portugal, Sweden, and Uruguay. The treaties with Chile and Ecuador provide that the reference may be made by either of the two Governments. The treaty with Italy provides that the reference may be made either by common agreement of the two Governments, or by either of them. A more detailed article on this point is contained in the treaties with China, France, Russia, and Spain, which provides that each party shall have a right to ask that the investigation be entrusted to the commission. Notice shall be given to the president of the commission, who shall at once communicate with his colleagues. Jurisdiction assumed by commission Four different formulas have been used to frame such a provision: The International Commission may, by unanimous agreement, spontaneously offer its services, and in such a case it shall notify both Governments and request their cooperation in the investi- gation. Bolivia, Costa Rica, Great Britain, Peru, and Uruguay. The International Commission may act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. Denmark, Guatemala, Honduras, Norway, Paraguay, and Portugal. The President of the Commission may, after consulting his col- leagues and upon receiving the consent of the majority of the members of the Commission, offer the services of the latter to each of the Contracting Parties. Acceptance of that offer by one Ixvi INTRODUCTION of the two Governments shall be sufficient to give jurisdiction of the case to the Commission. China, France and Spain. The President of the Commission, by a note addressed to the International Bureau of the Permanent Court at The Hague, which shall be communicated without delay to both Governments, may remind the parties that the services of the Commission are at their disposal. Sweden. Place of meeting The place of meeting of the commission is provided for in five of the treaties and they stipulate that it shall be determined by the com- mission itself. Chile, China, Ecuador, France and Spain. Formulation of the question at issue This point is covered only in the treaties with China, France, Spain and Sweden, which contain the uniform clause that, Each Contracting Party shall have a right to state to the Presi- dent of the Commission what is the subject-matter of the con- troversy. No difference in these statements, which shall be fur- nished by way of suggestion, shall arrest the action of the Com- mission. Measures pending submission of report A provision of this kind is contained in only three treaties, those with China, France and Sweden, which provide that. In case the cause of the dispute should consist of certain acts already committed or about to be committed, the commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provisionally and pending the delivery of its report. Facilities for investigation to be afforded to commission All of the treaties are uniform in providing that the contracting par- ties shall furnish the commission with the means and facilities re- quired for its investigation and report. The treaty with Italy adds: "provided that in their judgment this does not conflict with the laws or with the supreme interests of the State, and provided that the in- terests and rights of third States shall not thereby suffer damage." INTRODUCTION Ixvii Time allowed for submission of report The treaties usually provide that the report of the commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall limit or extend the time by mutual agreement : Bolivia, Costa Rica, Great Britain, Italy, Norway, Peru, Portugal, and Uruguay. The same provision is contained in the following treaties, except that the period of one year may be only extended and not limited : Chile, Denmark, Guatemala, Honduras and Paraguay. The following treaties provide for a period of one year, unless a different period is agreed upon : China, France, Russia, Spain, and Sweden. The treaty with Ecuador also provides for a period of one year, but adds that this period may be extended for an additional six months if, for reasons of force majeure, it is not possible for the commission to complete its investigation and submit its report within one year. Vote necessary for agreement on report by commission Most of the treaties are silent on this point, but the following pro- vision is contained in the treaties with China, France, Russia, Spain, and Sweden : The conclusion of the Commission and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties. The treaty with Chile contains the following provision : "The resolu- tions of the Commission, as well as its final report, will be adopted by the majority of its members." Action after receipt of report The usual stipulation on this point is as follows: The High Contracting Parties reserve the right to act inde- pendently on the subject-matter of the dispute after the report of the Commission shall have been submitted. Bolivia, Costa Rica, Great Britain, Guatemala, Honduras, Italy, Para- guay, Peru, Portugal, and Uruguay. Ixviii INTRODUCTION The treaty with Ecuador has the same provision, but adds that such action may be taken also if no report is submitted within the time fixed. The treaties with Denmark and Norway contain the usual formula, but provide that upon the receipt of the report the parties shall en- deavor to adjust the dispute directly on the basis of the findings of the commission. Another form of expression on this point is as follows : "The High Contracting Parties reserve full liberty as to the action to be taken on the report of the Commission:" China, France, Russia, Spain, and Sweden. The treaty with Chile contains a special provision not found in any of the other treaties, as follows: Once the report is in possession of both Governments, six months' time will be available for renewed negotiation in order to bring about a settlement of the difficulty in view of the findings of said ref>ort ; and if even during this new term both Governments shoiald be unable to reach a friendly arrangement, the dispute will then be submitted to the Permanent Court of Arbitration estab- lished at The Hague. A proviso is added, excluding from arbitration "any question that may affect the independence, the honor or the vital interests of either or both of the countries, or the provisions of their respective consti- tutions, or the interests of a third nation." Another paragraph pro- vides that in case arbitration is resorted to, a special agreement shall be previously agreed upon specifying the matter in controversy, the extent of the arbiter's powers, and the length of time to which the court of arbitration must subject its organization and procedure, in- cluding the presentation of memorials, proofs and pleas. Duration of the treaties A common provision is to the effect that the treaty shall remain in force for five years, dating from the exchange of ratifications, and remain in force thereafter until twelve months after one of the con- tracting parties shall have given notice to the other of an intention to terminate it: Bolivia, Costa Rica, Denmark, Great Britain, Guatemala, Italy, Honduras, Norway, Paraguay, Peru, Portugal, and Uruguay. INTRODUCTION Ixix A like provision is contained in the following treaties, except that it is stipulated that the denouncement of the treaty after the five-year period must, in order to be effective, take place at least six months before the expiration of that period : China, France, Russia, Spain. The treaty with Ecuador provides that it shall remain in force for five years and that unless notice to terminate it is given one year be- fore the expiration of that period, it shall be considered as renewed for another year, and so on successively. The treaty with Sweden provides for a five-year period and for re- newals for additional periods of five years, unless denounced at least six months before the expiration of such period. The treaty with Chile provides that it shall remain in force for five years, and for successive periods of five years until one of the high contracting parties shall have given notice of its intention to ter- minate it. As stated at the outset, the above data applies only to the treaties which have become effective at the date of the present writing. Sup- plementary notes of this character will be inserted in these columns as additional treaties go into effect. George A. Finch. Part I Perfected Treaties Treaty between the United States and Bolivia for the Advancement of Peace^ The United States of America and the Republic of Bolivia, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that pur- pose, and to that end have ap- pointed as their plenipotentiaries: The President of the United States, the Honorable William Jennings Bryan, Secretary of State ; and The President of Bolivia, Seiior Don Ignacio Calderon, Envoy Extraordinary and Minister Plen- ipotentiary of Bolivia to the United States ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon and concluded the following articles : Article I The High Contracting Parties agree that all disputes between them, of every nature whatso- ever, to the settlement of which previous arbitration treaties or Contracting Powers. Plenipoten- tiaries. Los Estados Unidos de Ame- rica y la Republica de Bolivia con el deseo de fortalecer los vinculos de amistad que los unen y a la vez cimentar el espiritu de paz univer- sal han resuelto celebrar un Tra- tado con tal objeto y para ese fin han nombrado como sus Plenipo- tenciarios : El Presidente de los Estados Unidos, al Honorable William Jennings Bryan, Secretario de Estado, y El Presidente de Bolivia, al Seiior Don Ignacio Calderon, En- viado Extraordinario y Ministro Plenipotenciario en los Estados Unidos ; Quienes, despues de examina- dos sus respectivos Plenos Pode- res, y encontrandolos en debida forma, han convenido en los arti- culos siguientes : ARTfcuLO I Las Altas Partes contratantes Disputes to be submitted to acuerdan que todas las desave- international ^ Commission nencias de cualquiera naturaleza for investiga- ^ tion and report. que ellas scan y que en el hecho 6 por los terminos de tratados de ^ U. S. Statutes at Large, vol. 38, pt. 2, p. 1868. Signed at Washington, Janu- ary 22, 1914; ratification advised by the Senate, August 13, 1914; ratified by Bolivia', November 14, 1914 ; ratified by the President, January 4, 1915 ; ratifica- tions exchanged at Washington, January 8, 1915 ; proclaimed, January 9, 1915. PERFECTED TREATIES agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be re- ferred for investigation and re- port to a permanent Interna- tional Commission, to be consti- tuted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin h6stilities during such in- vestigation and before the report is submitted. arbitraje existentes no esten com- prendidas en sus estipulaciones, y que no hayan podido arreglarse por la via diplomatica seran sometidas para su investigacion e informe a una Comision Interna- cional constituida en la manera prescrita en el siguiente articulo; y convienen en no declararse la guerra 6 empezar hostilidades durante el periodo de la investiga- cion y antes de sometido el in- forme. International Commission. Composition, Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof ; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments, it being understood that he shall not be a citizen of either country. Each of the High Contracting Parties shall have the right to remove, at any time be- fore investigation begins, any Commissioner selected by it and to name his successor, and under the same conditions shall also have the right to withdraw its ap- proval of the fifth Commissioner selected jointly; in which case a new Commissioner shall be se- lected jointly as in the original Articulo II La Comision Internacional se compondra de cinco miembros, nombrados como sigue: un miem- bro sera escogido dentro del pais, por su respectivo Gobierno; otro miembro sera escogido por cada Gobierno, de un tercer pais; el quinto miembro sera escogido de comiin acuerdo por los dos Go- biernos; siendo entendido que no podra serlo ningiin ciudadano de uno de los dos paises interesados. Cada una de las Altas Partes con- tratantes se reserva el derecho de separar, antes que hayan comen- zado las investigaciones, el comi- sionado que cada uno hubiese ele- jido y en tal caso se procedera a nombrar su reemplazante. Bajo la misma condicion podra cual- quiera de las Partes contratantes retirar su aceptacion del quinto comisionado elejido conjuntamen- te y en este caso se procedera a BOLIVIA selection. The Commissioners shall, when actually employed in the investigation of a dispute, re- ceive such compensation as shall be agreed upon by the High Con- tracting Parties. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed as soon as possible after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original ap- pointment. una nueva eleccion en la forma ya Compensation. establecida. Los comisionados recibiran la compensacion que acuerden las Altas Partes contra- tantes tan solo durante el tiempo que se ocupen de la investigacion. Expenses. Los gastos de la Comision seran atendidos por mitad por los Go- biernos contratantes. La Comision Internacional sera Appointment, nombrada en el mas corto plazo despues del canje de las ratifica- ciones del Tratado ; y las vacantes que ocurriesen seran Uenadas se- gun lo acordado por el nombra- miento original. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, by unanimous agree- ment spontaneously offer its serv- ices to that effect, and in such case it shall notify both Govern- ments and request their coopera- tion in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities re- quired for its investigation and report. The report of the International ASTICULO III En el caso de que no haya sido coi^^issLn posible el arreglo de una cuestion entre las Altas Partes contratan- tes por los medios diplomaticos esta sera referida inmediatamente a la Comision Internacional para su investigacion e informe. La Comision Internacional podra tambien por consentimiento tma- nime y por iniciativa propia inter- venir y en tal caso debera hacerlo saber a ambos Gobiernos y pedir su cooperacion para la investiga- cion. Las Altas Partes contratantes Facilities for . . , investigation. convienen en submmistrar a la Comision Permanente Interna- cional todos los medios y facili- dades que demande para la inves- tigacion e informe. El informe de la Comision In- JJ™'/"'" PERFECTED TREATIES Independent action reserved. Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall limit or extend the time by mu- tual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third re- tained by the Commission for its files. The High Contracting Parties reserve the right to act indepen- dently on the subject matter of the dispute after the report of the Commission shall have been submitted. ternacional debera estar listo dentro de un aiio contado desde la fecha que haya designado para empezar la investigacion a menos que las Altas Partes contratantes restringieran 6 extendieran el tiempo por mutuo consentimiento. El inf orme debe ser preparado por triplicado ; una copia para ser entregada a cada Gobierno, y la tercera retenida por la Comision para su archivo. Las Altas Partes contratantes se reservan el derecho de obrar independientemente en el asunto en disputa despues que el in- forme de la Comision se les haya sometido. Exchange of ratifications. Duration. Article IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof ; and by the President of Bolivia, with the ap- proval of the Congress thereof; and the ratifications shall be ex- changed as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an in- tention to terminate it. Articulo IV El presente Tratado sera ratifi- cado por el Presidente de los Es- tados Unidos de America, de acuerdo y con el consentimiento del Senado respectivo, y por el Presidente de la Repiiblica de Bolivia, con la aprobacion del Congreso, y las ratificaciones deberan ser canjeadas tan pronto como fuere posible. Producira sus efectos el presente tratado in- mediatamente despues del canje de ratificaciones y continuara en vigor por cinco anos, y sera obligatorio despues por doce meses contados desde que una de las Altas Partes contratantes haya comunicado a la otra su intencion de terminarlo. BRAZIL In witnesss whereof the re- spective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the 22d day of January, in the year of our Lord nineteen hundred and fourteen. William Jennings Bryan [seal] Ignacio Calderon [seal] En fe de lo CUal, loS reSpeCtivOS Signatures. Plenipotenciarios han firmado el presente Tratado, y han puesto al pie sus sellos. Hecho en Washington, el dia 22 de Enero, en el ano de Nuestro Senor mil novecientos catorce. Treaty between the United States and Brazil for the Advancement of General Peace^ The Governments of the United States of America and of Brazil being desirous of giving another manifestation of the old friend- ship that binds the two countries together, and being united in the purpose of promoting the progress of civilization through peace, have resolved to enter into a special treaty for the amicable settlement of any future difficulties which may arise between the two coun- tries, and for that purpose have appointed as their Plenipoten- tiaries : The President of the United States of America, Mr. William Jennings Bryan, Secretary of State; and The President of the United Os GovernOS dos EstadoS Uni- Contracting dos da America e dos Estados Unidos do Brasil, desejosos de mais uma vez manifestar a antiga amizade que liga os dous paizes e juntando-se com o proposito de promover o progresso da civfli- zagao pela paz, resolveram cele- brar um tratado especial para o arranjo amigavel de qual quer difficuldade que no futuro possa suscitar-se entre ambos e para esse fim nomearam como sens Henipotenciarios O Presidente dos Estados Uni- Plenipoten- tiaries. dos da America o Senhor William Jennings Bryan, Secretario de Estado; e O Presidente dos Estados Uni- 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1698. Signed at Washington, July 24, 1914; ratification advised by the Senate, August 13, 1914; ratified by the President, November 22, 1915; ratified by Brazil, June 22, 1916; ratifications exchanged at Washington, October 28, 1916; proclaimed, October 30, 1916. 6 PERFECTED TREATIES Disputes lo be submitted to International Commission for investiga- tion and report. International Commission. Composition. States of Brazil, Mr. Domicio da Gama, Ambassador Extraordi- nary and Plenipotentiary; Who, duly authorized, have agreed upon the following arti- cles: Article I The Two High Contracting Parties agree to submit to a Per- manent International Commis- sion, for investigation and report, all disputes that may arise be- tween them concerning questions of an international character which can not be solved by direct diplomatic negotiation, and which are not embraced by the terms of any treaty of arbitration in force between them ; and they agree not to declare war or to begin hostili- ties pending the investigation and report of said Commission. Article II The Commission mentioned in the preceding Article shall be composed of five members each appointed for five years, as fol- lows : Each Government shall des- ignate two members, only one of whom shall be of its own nation- ality. The fifth member shall be chosen by common agreement be- tween the two Governments, it being understood that he shall not belong to any of the nationalities already represented in the Com- mission. dos do Brasil o Senhor Domicio da Gama, Embaixador Extraor- dinario e Plenipotenciario ; Os quaes, devidamente autori- zados, accordaram nos seguintes artigos : Artigo I As duas Altas Partes Contrac- tantes assentam em submetter a investiga^ao de uma Commissao Permanente, que sobre ellas dara parecer, todas as difficuldades de caracter internacional que surjam entre ellas e nao possam ser di- rectamente resolvidas por via diplomatica nem caibam nos ter- mos da Convengao de Arbitra- mento vigente entre ambas; e accordam em nao declarar guerra uma a outra nem comegar hostili- dades emquanto nao for apresen- tado o resultado d'essa investi- gagao. Artigo II A Commissao acima menciona- da se compora de cinco miembros, cada um d'elles nomeado por cinco annos, da seguinte maneira : cada Governo designara dous membros, sendo somente um d'elles nacional do paiz que o momeia. O quinto sera escolhido. de commum accordo entre os dous Governos, entendendo-se que nao pertencera a nenhuma das na- cionalidades ja representadas na Commissao. BRAZIL The fifth member shall perform the duties of President. Either Contracting Party may remove at any time, before inves- tigation begins, any commissioner selected by it, appointing his suc- cessor on the same occasion. Likewise, each Government shall also have the right to withdraw its approval of the fifth member; in which case the new fifth mem- ber will be appointed within thirty days following the notifica- tion of the withdrawal, by com- mon agreement between the two Governments, and failing this agreement, the President of the Swiss Confederation shall be re- quested to make the appointment. The expenses of the Commis- sion shall be paid by the two Governments in equal proportions. The Commission shall be con- stituted and shall be ready for business within six months after the exchange of ratifications of the present treaty. At the expiration of each period of five years, the Commis- sioners may be reappointed or others may be substituted for them. Any vacancy shall be filled in the same manner as the original appointment. The Commission shall make its own rules of procedure. Substitution of Commis- sioners. Esse quinto membro exercera President, as funcQoes de Presidente. Cada uma das Partes Contrac- tantes podera remover em qual- quer tempo, antes que comece a investiga^ao, qualquer Commis- sario que tiver nomeado, apresen- tando o seu successor na mesma occasiao. Outrosim tera cada Governo o direito de negar seu accordo ao quinto membro ; isso succedendo, o novo quinto mem- bro sera nomeado dentro de trinta dias a contar da notifica^ao, por accordo entre os dous Governos; e nao podendo haver accordo, o Presidente da Confedera^ao Suis- sa sera convidado a fazer a no- meagao. As despezas da Commissao Expenses. serao pagas por metade por am- bos OS Governos. A Commissao sera constituida Organization. e se achara prompta a funccionar dentro de seis mezes depois da troca de ratificagoes do presente tratado. Ao cabo de cada periodo de cinco annos os Commissarios serao reconduzidos ou outros os substituirao. As vagas serao preenchidas do Vacancies, mesmo modo que as nomeagoes primitivas. A Commissao formulara suas Procedure, proprias regras de processo. Reappoint- ment, etc. 8 PERFECTED TREATIES Duties of Commission. Meetings. Time for report. Triplicate reports. Article III In the case of failure to agree upon the diplomatic solution of a dispute concerning a question of an international character, the Two High Contracting Parties shall submit it to said Commission for investigation and report. The convocation of the Commission may be made by either Contract- ing Government. The Commis- sion shall by preference sit in the country in which there are the greater facilities for the study of the question, and the High Con- tracting Parties shall furnish all the means to that end. The re- port of the Commission shall be presented within a year counted from the date at which the Com- mission shall declare that its work is begun, unless a prolonga- tion of the time shall be accorded by both Parties. This report, which is purely advisory and does not bind the Contracting Parties as to the question at issue, shall be prepared in triplicate, each Government being furnished with a copy and the third kept in the files of the Commission. Artigo III Caso nao cheguem a accordo quanto a solu^ao diplomatica de alguma questao de caracter in- ternacional, as duas Altas Partes Contractantes a submetterao a dita Commissao, para que investi- gue o de parecer. A Commissao pode ser convo- cada por qualquer das Partes Contractantes e funccionara de preferencia no paiz em que se Ihe ofiferegam mais facilidades para o estudo da questao, para cujo fim as Altas Partes Contractantes fornecerao todos os meios. O parecer da Commissao sera apresentado dentro de um anno a contar da data em que a Commis- sao declarar que comegou sens tra- balhos, salvo prorogaqao accord- ada pelas duas Partes. Este parecer, que e puramente consultivo e nao obriga as Partes Contractantes quanto ao assump- to em questao, sera preparado em triplicata, cada um dos Governos recebendo um exemplar e sendo o terceiro guardado no archivo da Commissao. Submission to arbitration. Article IV After presentation of the re- port to both Governments six months' time will be given to re- newed negotiations in order to bring about a solution of the ques- tion in view of the findings of said Artigo IV Apresentado o parecer a ambos OS Governos, estes terao seis mezes para negociar um arranjo de accordo com o dito parecer e, se ao cabo d'este novo termo nao conseguirem entender-se, submet- BRAZIL report ; and if after this new term both Governments should be un- able to reach a friendly arrange- ment, they will proceed to submit the dispute to arbitration under the terms of the Convention in force between them, if such con- vention covers the question or questions investigated. Article V The present treaty shall be rati- fied by the Two High Contracting Parties according to their national Constitutions, and the ratifica- tions shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications and shall continue in force for a period of five years, and it shall thereafter remain in force until twelve months after one of the two High Contracting Parties have given notice to the other of an intention to ter- minate it. The strict and honest fulfill- ment of the foregoing clauses is intrusted to the honor of the sig- natory nations. In witness whereof, the re- spective Plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington, on the 24th day of July, in the year nineteen hundred and fourteen. William Jennings DOMICIO DA GaMA terao o litigio a arbitramento, em conformidade com os termos da Convengao vigente entre ambos, se couber nella a questao consi- derada. Artigo V O presente tratado sera ratifi- f^^^^"^^°l cado pelas duas Altas Partes Con- tractantes, na forma prescripta pelas Constituiqoes nacionaes, e as ratificagoes serao trocadas no mais breve prazo. O tratado en- duration, trara em vigor logo depois dessa troca e continuara por um pe- riodo de cinco annos, findo o qual vigorara ate doze mezes depois que uma das duas Altas Partes Contractantes tiver annunciado a outra a sua intengao de o ter- minar. O estricto e leal cumprimento Compliance, das clausulas precedentes e con- fiado a honra das nagoes signa- tarias. Em testemunho de que os re- Signatures, spectivos Plenipotenciarios assig- naram o presente tratado ao qual appuzeram os seus selos. Feito na cidade de Washington, no dia 24 do mez de julho do anno de mil novecentos e quatorze. Bryan [seal] [seal] 10 PERFECTED TREATIES Treaty between the United States and Chile for the Advancement of General Peace^ Contracting Powers. Plenipoten- tiaries. Treaty for the Settlement of dis- putes that may occur between the United States of America and Chile. The President of the United States of America and the Presi- dent of the Republic of Chile be- ing desirous to secure in the most effective way the amicable settle- ment of any future difficulties be- tween both countries and the sub- sequent rnaintenance of peace and good amity between them, have resolved to enter into a special treaty for that purpose, and to that end have appointed their Plenipotentiaries as follows: The President of the United States of America, His Excellency William Jennings Bryan, Secre- tary of State of the United States ; and The President of the Republic of Chile, His Excellency Eduardo Suarez Mujica, Envoy Extraordi- nary and Minister Plenipotentiary of Chile to the United States of America ; Who, after having communi- cated to each other their respec- tive full powers, found to be in Tratado para la Solucion de las DUicultades que surgieren entre los Estados Unidos de America y Chile. El Presidente de los Estados Unidos de America y el Presi- dente de la Repiiblica de Chile, deseosos de proveer de la manera mas eficaz al arreglo amistoso de cualquiera futura dificultad entre ambos paises y de asegurar mejor el mantenimiento de la paz y buena amistad entre ellos, han resuelto concluir un tratado es- pecial con tales fines, y han nom- brado al efecto sus Plenipoten- ciarios, a saber: El Presidente de los Estados Unidos de America, a su Ex- celencia William Jennings Bryan, Secretario de Estado de los Esta- dos Unidos; y El Presidente de la Repiiblica de Chile, a Su Excelencia Eduardo Suarez Mujica, Enviado Ex- traordinario y Ministro Plenipo- tenciario de Chile en los Estados Unidos de America; Los cuales, despues de haberse comunicado sus respectivos plenos poderes y encontradolos en buena 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1645. Signed at Washington July 24, 1914; ratification advised by the Senate, August 20, 1914; ratified by the President, November 11, 1915; ratified by Chile, November 9, 191S; ratifications exchanged at Washington, January 19, 1916; proclaimed, January 22, 1916. CHILE 11 proper and due form, have agreed upon and concluded the following articles : Article I The High Contracting Parties agree that all disputes that may arise in the future between them, shall, when diplomatic methods of adjustment have failed, be sub- mitted for investigation and re- port to an International Commis- sion to be constituted in the man- ner prescribed in the next suc- ceeding article; and they agree not to declare war or begin hos- tilities during such investigation, nor before all resources stipulated in this treaty have proved unsuc- cessful. y debida forma, han convenido en los articulos siguientes : Articulo I Las Altas Partes Contratantes ^bSSttld to''* convienen en que todas las cues- c"'^^^°n^' tiones que en lo f uturo se susciten tiJ,n'°^|^''*^' entre ellas, y que no hubieren report. podido arreglarse por la via di- plomatica, sean sometidas para su investigacion e informe a una Comision Internacional consti- tuida de la manera que se indica en el articulo siguiente ; y se com- prometen a no declararse la guerra 6 iniciar hostilidades du- rante el periodo de investiga- cion y antes de agotados todos los resortes que se estipulan en el presente tratado. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows : — Each Government shall designate two members, only one of whom shall be of its own nationality. The fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be- long to any of the nationalities already represented on the Com- mission. The fifth member shall perform the duties of President. Each of the High Contracting Parties shall have the right to re- ARTfcULO II. La Comision Internacional se international Commission. compondra de cinco miembros. Composition, nombrados en esta forma: — Cada Gobierno elegira dos miembros, de los cuales solo uno podra ser de su propia nacionalidad. El quin- to miembro sera elegido de comun acuerdo por ambos Gobiernos, no pudiendo recaer la designacion en ciudadano de ninguna de las na- cionalidades ya representadas en la Comision. El quinto miembro desempeiiara las funciones de Presidente. Cada una de las Altas Partes ^?^:"'"" missioners. Contratantes tendra el derecho 12 PERFECTED TREATIES Vacancies. Appointment. Expenses. move, at any time before inves- tigation begins, any Commis- sioner selected by it and, con- jointly, the nomination of the successor, or successors, must be enacted. Likewise, either Gov- ernment shall also have the right to withdraw its approval of the fifth member; in which case the new fifth member will be ap- pointed within thirty days fol- lowing the notification of the withdrawal, by common agree- ment between the two Govern- ments, and such agreement lack- ing, the appointment will be made by the President of the Swiss Confederation. The vacancies that may occur through other causes than those already named, will be filled as mentioned in this article. The International Commission shall be constituted within the four months following the ex- change of the ratifications of this treaty, and shall notify both Governments of the date of its or- ganization. The Commission will establish its own regulations. The resolutions of the Commis- sion, as well as its final report, will be adopted by the majority of its members. The expenses of the Commis- sion shall be paid by the two Contracting Governments in equal proportion. de revocar, antes de que se haya iniciado la investigacion, el nom- bramiento de cualquiera de los miembros que le hubiere corres- pondido designar, y en el mismo acto de la revocacion debera proveer al reemplazo del 6 de los miembros separados. Podra igualmente cualquiera de los dos Gobiernos retirar su aceptacion del quinto miembro, y en tal caso se designara al reemplazante den- tro de los treinta dias siguientes a la notificacion de la r evocator ia, de comun acuerdo entre ambos Gobiernos, y en defecto de este acuerdo la designacion se hara por el Presidente de la Confederacion Suiza. Las vacantes por causas diver- sas de las enumeradas se llenaran, respectivamente, en la forma es- tablecida en este articulo. La Comision Internacional de- bera constituirse dentro de los cuatro meses siguientes al canje de las ratificaciones de este tratado, y dara cuenta a ambos Gobiernos de la fecha de su instalacion. La Comision establecera por si misma las reglas de su procedimiento. Las decisiones de la Comision, lo mismo que su inf orme final, seran acordados por la mayoria de sus miembros. Los gastos de la Comision seran sufragados por mitad entre los dos Gobiernos Contratantes. CHILE 13 The Commission shall deter- mine the country wherein it will sit, taking into consideration the greater facilities for the investi- gation. Article III In case that, as established in Article I, the High Contracting Parties shall have failed to adjust the difficulty by diplomatic meth- ods, said difficulty will be imme- diately submitted to the Inter- national Commission for its in- vestigation and report. The con- vocation of said Commission may be made by either contracting Government. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall extend the time by mutual agree- ment. The report shall be pre- pared in triplicate: one copy shall be presented to each Gov- ernment and the third retained by the Commission for its files. La Comision determinara el Place of , meeting, pais en que deba funcionar, to- mando en cuenta las mayores fa- cilidades de investigacion. Articulo III Producido el caso contemplado commiss^ion en el articulo I, de que las Altas Partes Contratantes no hubieran podido solucionar su dificultad por la via diplomatica, esta sera sometida inmediatamente a la Comision Internacional para su investigacion e informe. La con- vocatoria de la Comision podra hacerse por cualquiera de los dos Gobiernos contratantes. Las Altas Partes Contratantes Facilities for investigation. se obligan a suministrar a la Co- mision Internacional todas las facilidades que sean necesarias para la investigacion e informe. El informe de la Comision In- Report, ternacional sera evacuado dentro del termino de un aiio, a contar desde el dia que ella hubiere de- signadj para empezar la investi- gacion. Este plazo podra ser prorrogado por acuerdo de ambos Gobiernos Contratantes. El in- forme se extendera por triplicado : un ejemplar sera entregado a cada uno de los dos Gobiernos contra- tantes, y el tercero mantenido en el archivo de la Comision. Article IV Once the report in possession of both Governments, six months' ARTfcULO IV Transmitido el informe de la Additional time for Comision a los dos Gobiernos Con- renewed negotiations. 14 PERFECTED TREATIES Questions not to be submitted. Special convention to determine details. time will be available for renewed negotiation in order to bring about a settlement of the diffi- culty in view of the findings of said report; and if even during this new term both Governments should be unable to reach a friendly arrangement, the dispute will then be submitted to the Permanent Court of Arbitration established at The Hague. Notwithstanding, any question that may affect the independence, the honor or the vital interests of either or both of the countries, or the provisions of their respec- tive Constitutions, or the interests of a third nation, will not be sub- mitted to such or any other arbi- tration. A special and previously agreed convention will detail, if arbitra- tion is resorted to, the matter of the controversy, the extent of the Arbiters' powers, and the length of time to which the Court of Arbitration must subject its or- ganization and procedure, includ- ing the presentation of memorials, proofs, and pleas. tratantes, estos dispondran de un termino de seis meses para pro- curar nuevamente el arreglo de la dificultad en vista de las conclu- siones del mencionado informe; y si durante este nuevo plazo los dos Gobiernos no pudieren toda- via llegar a una solucion amistosa, se sometera la cuestion a la Corte Permanente de Arbitraje de La Haya. No sera, sin embargo, sometida a arbitraje ninguna cuestion que pueda afectar a la soberania, honor 6 intereses vitales de cual- quiera de los dos paises, a las dis- posiciones de sus respectivas car- tas fundamentales 6 a los inte- reses de una tercera potencia. Un convenio especial y previo precisara, llegado el caso, la ma- teria de la controversia, la exten- sion de los poderes de los arbitros y los plazos a que deban sujetarse la organizacion y procedimientos del Tribunal de Arbitraje, incluso la presentacion de memoriales, pruebas y alegatos. Exchange of ratifications, etc. Article V The present treaty will be rati- fied by both Governments after obtaining its approval by the Constitutional Powers of both countries, and the ratifications shall be exchanged in Washing- ton as soon as possible. Articulo V El presente tratado sera ratifi- cado por ambos Gobiernos, pre- vios los tramites constitucionales de uno y otro pais, y las ratifica- ciones seran cangeadas en Wash- ington tan pronto como sea posible. CHINA 15 The special convention pre- scribed by the final paragraph of Article IV remains also subject to the constitutional requisites of both countries. The present treaty shall take effect immediately after the ex- change of the ratifications; and shall continue in force for a period of five years, and it shall there- after remain in force, during suc- cessive periods of five years, until one of the High Contracting Parties have given notice to the other of an intention to terminate it. El convenio especial prescrito por el parrafo final del articulo IV, quedara tambien sujeto a los requisitos constitucionales de am- bos paises. La duracion del presente tra- tado sera de cinco afios, contados desde la fecha del cange de las ratificaciones ; y se entendera que continiia subsistente por periodos sucesivos de igual duracion, mien- tras alguna de las Altas Partes Contratantes no haya comunicado a lo otra su resolucion de ponerle termino. Duration. In witness thereof the respec- tive Plenipotentiaries have signed the present treaty and have af- fixed thereunto their seals. Done in Washington, on the 24th day of July, in the year nineteen hundred and fourteen. William Jennings Bryan [seal] Ed". Suarez MujfcA En fe de lo CUal, los respectivOS Signatures. Plenipotenciarios han firmado el presente tratado y selladolo con sus sellos. Hecho en Washington, el dia 24 de Julio del ano de mil novecientos catorce. [seal] Treaty between the United States and China for the Advancement of General Peace^ The President of the United States of America and the President of Contracting - . Powers. the Republic of China, desiring ,to strengthen the friendly relations which unite their two countries and to serve the cause of general peace, have decided to conclude a treaty for these purposes and have conse- quently appointed the plenipotentiaries designated hereinafter, to wit: 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1642. Signed at Washington, Sep- tember 15, 1914; ratification advised by the Senate, October 12, 1914; ratified by the President, June 17, 1915; ratified by China, June 18, 1915; ratifications exchanged at Washington, October 22, 1915 ; proclaimed, October 23, 1915. 16 PERFECTED TREATIES Plenipoten- tiaries. The President of the United States of America, the Honorable WiUiam Jennings Bryan, Secretary of State of the United States ; and The President of the Republic of China, Kai Fu Shah, Envoy Ex- traordinary and Minister Plenipotentiary of the Republic of China to the United States; Who, after exhibiting to each other their full powers, found to be in due and proper form, have agreed upon the following articles : Disputes to be submitted to a Permanent International Commission for examina- tion and report. Article I Any disputes arising between the Government of the United States of America and the Government of the Republic of China, of what- ever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recourse to arbitration, be submitted for investigation and report to a Permanent International Commission constituted in the manner prescribed in the following article. The High Contracting Parties agree not to resort, with respect to each other, to any act of force during the investigation to be made by the Commission and before its report is handed in. International Commission. Composition. Organization. Appointment. Article H The International Commission shall be composed of five members appointed as follows : Each Government shall designate two members, only one of whom shall be of its own nationality; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the Commission; he shall perform the duties of President. In case the two Governments should be unable to agree on the choice of the fifth commissioner, the other fovir shall be called upon to desig- nate him, and failing an understanding between them, the provisions of article 45 of The Hague Convention of 1907^ shall be applied. The Commission shall be organized within six months from the ex- change of ratifications of the present convention. The members shall be appointed for one year and their appointment may be renewed. They shall remain in office until superseded or re- appointed, or until the work on which they are engaged at the time their office expires is completed. ^ U. S. Statutes at Large, vol. 36, p. 2223. CHINA 17 Any vacancies which may arise (from death, resignation, or cases Vacancies, of physical or moral incapacity) shall be filled within the shortest possible period in the manner followed for the original, appointment. The High Contracting Parties shall, before designating the commis- Expenses, sioners, reach an understanding in regard to their compensation. They shall bear by halves the expenses incident to the meeting of the Com- mission. Article III In case a dispute should arise between the High Contracting Parties commission. which is not settled by the ordinary methods, each Party shall have a right to ask that the investigation thereof be intrusted to the Interna- tional Commission charged with making a report. Notice shall be given to the President of the International Commission, who shall at once communicate with his colleagues. In the same case the President may, after consulting his colleagues and upon receiving the consent of a majority of the members of the Commission, offer the services of the latter to each of the Contracting Parties. Acceptance of that offer declared by one of the two Gov- ernments shall be sufficient to give jurisdiction of the case to the Com- mission in accordance with the foregoing paragraph. The place of meeting shall be determined by the Commission itself. Article IV The two High Contracting Parties shall have a right, each on its f„bj|™fmatter own part, to state to the President of the Commission what is the "ferred. subject matter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the action of the Commission. In case the cause of the dispute should consist of certain acts already fction.'""*' committed or about to be committed, the Commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provisionally and pending the delivery of its report. Article V As regards the procedure which it is to follow, the Commission shall Procedure, as far as possible be guided by the provisions contained in articles 9 to 36 of Convention 1 of The Hague of 1907.^ 1 U. S. Statutes at Large, vol. 36, pp. 2214-20. 18 PERFECTED TREATIES Facilities for investigation. Completion of work. Transmittal of report. Independent action reserved. Exchange of ratifications. Duration. Signatures. The High Contracting Parties agree to aiford the Commission all means and all necessary facilities for its investigation and report. The work of the Commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the High Contracting Parties should agree to set a different period. The conclusion of the Commission and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties. The High Contracting Parties reserve full liberty as to the action to be taken on the report of the Commission. Article VI The present treaty shall be ratified by the President of the United States of America, with the advice and consent of the Senate of the United States, and by the President of the Republic of China. It shall go into force immediately after the exchange of ratifications and shall last five years. Unless denounced six months at least before the expiration of the said period of five years, it shall remain in force until the expiration of a period of twelve months after either party shall have notified the other of its intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done at Washington this 15th day of September, in the year nine- teen hundred and fourteen, corresponding to the 15th day of the ninth month in the third year of the Republic of China. [se.\l] William Jennings Bryan [seal] [Signature in Chinese characters of the Chinese plenipotentiary, Kai Fu Shah] [Chinese text not printed.] [The Secretary of State to the Chinese Minister] Department of State, Washington, May ii, 1916. Sir: It not having been found feasible to complete the International Com- mission provided for in the treaty of September 1 5, 1914, between the CHINA 19 United States and China for the advancement of the general cause of peace, I have the honor to suggest, for the consideration of your Gov- ernment that the time within which the organization of the Commission may be completed be extended by an exchange of notes from April 22, 1916, to August 1, 1916. Your formal notification in writing that your Government receives the suggestion favorably will be r^arded on this Government's part as sufficient to give effect to the extension, and I shall be glad to re- ceive your assurance that it will be so regarded by your Government also. Accept, Sir, the renewed assurances of my highest consideration. Robert Lansing. Mr. Vi Kyuin Wellington Koo, Chinese Minister. [The Chinese Minister to the Secretary of State] Chinese Legation, Washington, May jp, ipid. Sir: I have the honor to acknowledge the receipt of your note of the Uth instant, in which you are good enough to suggest, for the considera- tion of my Government, that the time within which the organization of the International Commission provided for in the Treaty of Sep- tember 15, 1914, between China and the United States, for the ad- vancement of the general cause of peace may be completed, be ex- tended by an exchange of notes from April 22, 1916, to August 1, 1916. I am authorized by my Government to inform you in reply that my Government is pleased to accept this suggestion of your Government and accordingly regards the extension of time from April 22, 1916, to August 1, 1916, for the organization of the Commission as effective by this exchange of notes. Accept, Sir, the renewed assurances of mj;- highest consideration. Vi Kyuin Wellington Koo. Honorable Robert Lansing, Secretary of State. 20 PERFECTED TREATIES Treaty between the United States and Costa Rica for the Advance- ment of General Peace^ Contracting Powers. Plenipoten- tiaries. The United States of America and the Repubhc of Costa Rica, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have re- solved to enter into a treaty for that purpose, and to that end have appointed as their plenipo- tentiaries : The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and The President of Costa Rica, Senor Don Joaquin Bernardo Calvo, Envoy Extraordinary and Minister Plenipotentiary of Costa Rica to the United States; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon and concluded the following arti- cles: Ivos Estados Unidos de Ame- rica y la Repiiblica de Costa Rica con el deseo de fortalecer los vin- culos de amistad que los unen y a la vez cimentar el espiritu de paz universal han resuelto celebrar un Tratado con tal objeto y para ese fin han nombrado como sus Pleni- potenciarios ; El Presidente de los Estados Unidos, al Honorable William Jennings Bryan, Secretario de Estado, y El Presidente de Costa Rica, al Seiior Don Joaquin Bernardo Calvo, Enviado Extraordinario y Ministro Plenipotenciario en los Estados Unidos ; Quienes, despues de examina- dos sus respectivos Plenos Po- deres, y encontrandolos en de- bida forma, han convenido en los articulos siguientes ; Disputes to be submitted to International Commission for investiga- tion and report. Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which pre- vious arbitration treaties or agree- ARTicULO I Las Altas Partes contratantes acuerdan que todas las desave- nencias, de cualquier naturaleza que ellas scan y que en el hecho o por los terminos de tratados de ^ U. S. Statutes at Large, vol. 38, pt. 2, p. 1856. Signed at Washington, Feb- ruary 13, 1914; ratification advised by the Senate, August 13, 1914; ratified by Costa Rica, July 25, 1914; ratified by the President, November 11, 1914; ratifi- cations exchanged at Washington, November 12, 1914; proclaimed November 13, 1914. COSTA RICA 21 ments do not apply in their terms or are not applied in fact, shall, when diplomatic methods of ad- justment have failed, be referred for investigation and report to a permanent International Com- mission, to be constituted in the manner prescribed in the next succeeding article ; and they agree not to declare war or begin hos- tilities during such investigation and before the report is submitted. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Govern- ment thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being un- derstood that he shall not be a citizen of either country. Each of the High Contracting Parties shall have the right to remove, at any time before investigation begins, any Commissioner se- lected by it and to name his suc- cessor, and under the same con- ditions shall also have the right to withdraw its approval of the fifth Commissioner selected jointly; in which case a new arbitraje o compromisos exis- tentes no esten comprendidas en sus estipulaciones, y que no hayan podido arreglarse por la via diplo- matica, seran sometidas para su investigacion e informe a una Comision Internacional consti- tuida de la manera prescrita en el siguiente articulo; y convienen asimismo en no declararse la guerra o empezar hostilidades durante el periodo de la investi- gacion ni antes de que la Comi- sion les comunique el informe. Articulo II La Comision Internacional se Q,mmfssi°on' compondra de cinco miembros, Composition. nombrados como sigue : un miem- bro sera elegido dentro del pais, por su respective Gobierno; otro miembre sera elegido por cada Gobierno, de un tercer pais; el quinto miembre sera elegido de comiin acuerdo por los dos Go- biernos; debiendo entenderse que no podra elegirse a ningun ciu- dadano de alguno de los dos paises interesados. Cada una de las Altas Partes contratantes se reserva el derecho de separar, antes que hayan comenzado las investigaciones, a cualquiera de los comisionados que hubiese ele- gido, y en tal caso procedera a nombrar a su reemplazante. Bajo la misma condicion podra cualquiera de las Partes contra- tantes retirar su aceptacion del 22 PERFECTED TREATIES Compensation. Expenses. Appointment. Duties of Commission, Facilities for investigation. Commissioner shall be selected jointly as in the original selection. The Commissioners shall, when actually employed in the inves- tigation of a dispute, receive such compensation as shall be agreed upon by the High Contracting Parties. The expenses of the Commission shall be paid by the two Governments in equal pro- portion. The International Ccmunission shall be appointed as soon as possible after the exchange of the ratifications of this treaty; and vacancies shall be filled accord- ing to the manner of the original appointment. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The International Commission may, however, spontaneously offer its services to that effect, and in such case it shall notify both Govern- ments and request their coopera- tion in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities re- quired for its investigation and report. ' quinto comisionado elegido con- juntamente, y en este caso se procedera a una nueva eleccion en la forma ya establecida. Los comisionados recibiran la com- pensacion que acuerden las Altas Partes contratantes tan solo du- rante el tiempo que se ocupen de la investigacion. Los gastos de la Comision seran sufragados por mitad por los Gobiernos con- tratantes. La Comision Internacional sera nombrada en el mas corto plazo despues del canje de las ratifi- caciones del Tratado; y las va- cantes que ocurrieren seran lle- nadas segiin lo acordado para el nombramiento original. ARTfcULO III En el caso de que no haya sido posible el arreglo de una cuestion entre las Altas Partes contratan- tes por los medios diplomaticos, esta sera referida inmediatamente a la Comision Internacional para su investigacion e informe. La Comision Internacional podra tambien por iniciativa propia intervenir, y en tal caso debera hacerlo saber a ambos Gobiernos y pedir su cooperacion para la investigacion. Las Altas Partes contratantes convienen en subministrar a la Comision Permanente Interna- cional todos los medios y facili- dades que demande para la in- vestigacion e informe. COSTA RICA 23 The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall limit or extend the time by mu- tual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Govermnent, and the third re- tained by the Commission for its files. The High Contracting Parties reserve the right to act inde- pendently on the subject matter of the dispute after the report of the Commission shall have been submitted. El informe de la Comision Time for report. Intemacional debera estar listo dentro de un afio contado desde la fecha en que ella declare haber empezado la investigacion, a menos que las Altas Partes con- tratantes restringieran o exten- dieran el tiempo por mutuo con- sentimiento. El informe ' debe ser preparado por triplicddo ; una copia para cada Gobierno, y la tercera retenida por la Comision para su archivo. Las Altas Partes contratantes independent action ' se reservan el derecho de obrar reserved. independientemente en el asunto en disputa despues que el informe de la Comision se les haya some- tido. Article IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Costa Rica, with the approval of the Congress thereof ; and the ratifications shall be ex- changed as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an intention to terminate it. ARTf CULO IV El presente Tratado sera rati- f^^l^^l^ ficado por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado, y por el Presidente de la Repiiblica de Costa Rica, con la aprobacion del Congreso Constitucional, y las ratifica- ciones seran canjeadas tan pronto como fuere posible. Pro- ducira sus efectos el presente Tratado inmediatamente despues Duration, del canje de ratificaciones y con- tinuara en vigor por cinco anos, y sera obligatorio despues por doce meses contados desde que una de las Altas Partes contra- tantes haya comunicado a la otra su intencion de terminarlo. 24 PERFECTED TREATIES Signatures. In witness whereof, the respec- tive plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the 13th day of February, in the year of our Lord nineteen hun- dred and fourteen. William Jennings Bryan [seal] J. B. Calvo En f e de lo cual, los respectivos Plenipotenciarios han firmado el presente Tratado, y puesto al pie sus sellos. Hecho en Washington, el dia 13 de febrero en el aiio de Nuestro Seiaor mil novecientos catorce. [seal] Treaty between the United States and Denmark for the Advance- ment of General Peace^ Contracting Powers. Plenipoten- tiaries. The United States of America and His Majesty the King of Den- mark being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipoten- tiaries : The President of the United States: The Honorable William Jennings Bryan, Secretary of State; and His Majesty the King of Den- mark: Mr. Constantin Brun, His Chamberlain and Envoy Ex- De amerikanske Forenede Sta- ter og Hans Majestaet Kongen af Danmark har, besjaelede af 0nsket om at styrke de Venskabsbaand, som sammenknytter dem, og samtidig at fremme Freden i Al- mindelighed, besluttet at indgaa en Traktat mellem sig til dette Formaal og har i den Anledning udnsevnt til deres befuldmsegti- gede: Prsesidenten for de Forenede Stater, the Honorable William Jennings Bryan, Statssekretasr ; og Hans Majestffit Kongen af Dan- mark, Hr. Constantin Brun, Hans Majestsets Kammerherre og En- ^ U. S. Statutes at Large, vol. 38, pt. 2, p. 1883. Signed at Washington, April 17, 1914; ratification advised by the Senate, September 30, 1914; ratified by Denmark, November 21, 1914 ; ratified by the President, January 14, 1915 ; rati- fications exchanged at Washington, January 19, 191S; proclaimed, January 20 191S. DENMARK 25 traordinary and Minister Pleni- potentiary to the United States; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles: voye extraordinaire og Ministre plenipotentiaire i de Forenede Stater ; Som efter at have meddelt hin- anden deres respektive Fuldmag- ter, der fandtes at vsere i behjzirig Form, er komne overens om fjzfl- gende Artikler : Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to ad- just, shall be submitted for in- vestigation and report to an International Commission, to be constituted in the manner pre- scribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and report. Aetikel I De h^je kontraherende Parter er enige om, at alle Stridigheder mellem dem, ligegyldig af hvilken Art, som det ikke er lykkedes at bilsegge ad diplomatisk Vej, skal forelaegges en international Kom- mission til Unders)z(gelse og Be- tsenkning. Komissionen skal sammenssettes paa den i den fjzJl- gende Artikel bestemte Maade, og de er enige om ikke at erklsere Krig eller paabegynde Fjendt- ligheder, saalsenge Kommission- ens Undersjzfgelse ikke er tilende- bragt og dens Betasnkning afgivet. Disputes to be submitted to International Commission for investiga- tion and report. Status pending report. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments. It is understood that the fifth member of the Com- Artikel II Den internationale Kommis- international Commission. sion skal bestaa af 5 Medlem- Composition. mer, der udnaevnes paa fj^lgende Maade : et Medlem skal vselges fra hvert Land af dettes Rege- ring; et Medlem skal vaelges af hver Regering fra et tredje Land ; det femte Medlem skal vselges efter Overenskomst mellem de to Regeringer. Det femte Medlem af Kommissionen maa ikke vsere Statsborger i noget af de to 26 PERFECTED TREATIES Expenses. Appointment. Procedure. mission shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. Unless otherwise agreed be- tween the parties the procedure of the International Commission shall be regulated by the pre- scriptions contained in the Con- vention signed at The Hague on October 18, 1907, for the peaceful settlement of international dis- putes. Chapter III.^ Lande. Kommissionens Udgifter skal betales af de to Regeringer med lige Dele. Den Internationale Kommis- sion skal udnsevnes inden Udljiibet af 4 Maaneder efter Udvekslingen af Ratifikationerne af denne Tra- ktat, og ledige Pladser skal ud- fyldes paa samme Maade som den oprindelige Udnsvnelse. Medmindre andet er aftalt mel- lem Parterne, skal Proceduren ved den Internationale Kommis- sion ske i Overensstemmelse med Reglerne i Kap. Ill i den i Haag den 18. Oktober 1907 underteg- nede Konvention om fredelig Bilseggelse af Internationale Stri- digheder. Duties of Commission. Facilities for investigation. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The International Commission may, however, act upon its own initia- tive, and in such case it shall notify both Governments and re- quest their cooperation in the investigation. The High Contracting Parties agree to furnish the Permanent Artikel III Hvis det ikke lykkes de h^je kontraherende Parter at bilaegge en Strid gennem diplomatisk For- handling, skal de straks henvise den til den Internationale Kom- mission til Undersjzfgelse og Be- tsenkning. DenintemationaleKom- mission kan desuden handle paa eget Initiativ, og i saa Tilfaelde skal den underrette begge Rege- ringer og anmode om deres Bi- stand til Unders^gelsen. De hfije kontraherende Parter er enige om at yde den permanente interna- 1 U. S. Statutes at Large, vol. 36, pp. 2214-20. DENMARK 27 International Commission with all the means and facilities re- quired for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall extend the time by mutual agree- ment. The report shall be pre- pared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. tionale Kommission alle Hjael- pemidler og enhver Bistand, som er njz(dvendig til Foretagelse af Unders^gelsen og Afgivelse af Betsenkningen. Den Internationale Kommis- J™« for report, sions Beretning skal vaere fasrdig inden 1 Aar efter det Tidspunkt, paa hvilket den erklserer, at dens Underspfgelse er paabegyndt, medmindre de hfije kontraherende Parter efter Af tale f orlaenger dette Tidsrum. Betasnkningen skal udfaerdiges i 3 Eksemplarer, af hvilke eet skal overgives hver Re- gering; det tredje skal Kommis- sionen beholde til sine Arkiver. Article IV The High Contracting Parties agree that, upon the receipt of the report of the International Commission as provided in Ar- ticle III, they will immediately endeavor to adjust the dispute directly between them upon the basis of the Commission's find- ings. The High Contracting Par- ties, however, reserve the right to act independently on the subject matter of the dispute after the report of the Commission shall have been submitted. Artikel IV De hdje kontraherende Parter Adjustment ^ '' of dispute. er enige om ved Modtagelsen af den Internationale Kommissions Betsenkning, som forudsat i Art. Ill, uopholdelig at ville bestrsebe sig for at bilsegge Striden direkte mellem sig paa Grundlag af Kommissionens Resultater. De independent action h^je kontraherende Parter forbe- reserved. holde sig dog Ret til at handle uafhsengigt med Hensyn til Stridens Gjenstand, efterat Kom- missionens Betsenkning er bleven forelagt. Article V The present treaty shall be rati- fied by the President of the United States of America, by and with the advice and consent Artikel V Nasrvasrende Traktat skal Ratification. ratificeres af Praesidenten for de amerikanske Forenede Stater med Senatets Raad og Samtykke og af 28 PERFECTED TREATIES Exchange of ratifications. Duration and de- nouncement. Signatures. of the Senate thereof, and by His Majesty the King of Denmark. The ratifications shall be ex- changed at Washington as soon as possible. It shall take eifect immediately after the exchange of ratifications, and shall continue in force for a period of five years ; and it shall thereafter remain in force until twelve months after one of the High Contracting Par- ties shall have given notice to the other of an intention to termi- nate it. Hans Majestset Kongen af Dan- mark. Ratifikationerne skal udveksles i Washington saa snart som muligt. Traktaten skal trsede i Kraft umiddelbart efter Udveks- lingen af Ratifikationerne og skal forblive i Kraft for et Tidsrum af 5 Aar, og derefter skal den blive i Kraft indtil Udlp to state to the President of the Commission what is the subject-matter of the controversy. No difference in these statements, which shall be furnished by way of sugges- tion, shall arrest the action of the Commission. In case the cause of the dispute should consist of certain acts already committed or about to be ordinaires, chaque partie aura le droit de demander que I'ex- amen en soit confie a la Com- mission Internationale chargee de faire un rapport. Notification sera faite au President de la Com- mission Internationale qui se met- tra aussitot en relations avec ses collegues. Dans le meme cas, le President, Offer of ^ . services. apres avoir consulte ses collegues et moyennant avis conforme de la majorite des membres de la Commission, pent offrir les ser- vices de celle-ci a chacune des Parties contractantes. II suffit que I'un des deux Gouvernements declare I'accepter pour que la Commission soit saisie confor- mement a I'alinea precedent. Le lieu de reunion sera fixe par ^'a^? <>' la Commission elle-meme. Article IV Les deux Hautes Parties con- statement of subject-matter tractantes auront le droit de referred. preciser, chacune de son cote, aupres du President de la Com- mission, quel est I'objet du litige. Nulle difference dans ces exposes, fournis a titre d'indication, n'arretera Taction de la Com- mission. Dans le cas OU la cause du Provisional , . ™. ' 1 • . action. diiierend consisterait en actes determines deja effectues ou sur 38 PERFECTED TREATIES Procedure. Facilities for investigation. Completion of work. Transmittal of report. Independent action reserved. committed, the Commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opin- ion to be taken provisionally and pending the delivery of its re- port. Article 5 As regards the procedure which it is to follow, the Commission shall as far as possible be guided by the provisions contained in articles 9 to 36 of Convention 1 of The Hague of 1907.^ The High Contracting Parties agree to afford the Commission all means and all necessary facili- ties for its investigation and re- port. The work of the Commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the High Contracting Par- ties should agree to set a different period. The conclusion of the Commis- sion and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties. The High Contracting Parties reserve full liberty as to the action le point de I'etre, la Commission indiquera, dans le plus bref delai possible, quelles mesures, con- servatoires des droits de chacun, devraient, selon son avis, etre prises a titre provisoire et en attendant le depot de son rap- port. Article V La Commission s'inspirera, dans la mesure du possible, quant a la procedure qu'elle aura a suivre, des dispositions contenues dans les articles 9 a 36 de la Con- vention 1 de La Haye de 1907. Les Hautes Parties contrac- tantes conviennent de fournir a la Commission tons les moyens et toutes les facilites necessaires a son examen et a son rapport. Les travaux de la Commission devront etre termines dans I'an- nee du jour ou elle aura ete saisie, a moins que les Hautes Parties contractantes ne tombent d'ac- cord pour la fixation d'un autre delai. Les conclusions de la Commis- sion et les termes de son rapport seront arretes a la majorite. Le rapport, signe par le President seul, agissant en vertu de sa qual- ite, sera transmis par ses soins a chacune des Parties contrac- tantes. Les Hautes Parties contrac- tantes se reservent une entiere 1 U. S. Statutes at Large, vol. 36, pp. 2214-20. FRANCE 39 to be taken on the report of the liberte pour la suite a donner au Commission. Rapport de la Commission. Article 6 The present treaty shall be ratified by the President of the United States of America, with the advice and consent of the Senate of the United States, and by the President of the French Republic, in accordance with the constitutional laws of France. It shall go into force imme- diately after the exchange of ratifications and shall last five years. Unless denounced six months at least before the expiration of the said period of five years, it shall remain in force until the expiration of a period of twelve months after either party shall have notified the other of its intention to terminate it. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done at Washington this 15 th day of September, in the year nineteen hundred and fourteen. Article VI Le present traite sera ratifie par Ratification, le President des Etats-Unis d'Amerique sur I'avis et avec le consentement du Senat des Etats- Unis, et par le President de la Re- publique fran^aise, conformement aux lois constitutionnelles de la France. II entrera en vigueur aussitot apres I'echange des ratifications et aura une duree de cinq annees. Exchange of ratifications. 3-U Duration and de- nouncement. S'il n'a pas ete denonce moins six mois avant I'expiration de ce delai de cinq ans, il restera en vigueur jusqu'a I'expiration d'un delai de douze mois apres que I'une des Hautes Parties con- tractantes aura notifie a I'autre son intention d'y mettre terme. En foi de quoi les plenipoten- Signatures, tiaires respectifs ont signe le present traite et y ont appose leurs cachets. Fait a Washington le 15 sep- tembre de I'an mille neuf cent quatorze. [seal] William Jennings Bryan [seal] Jusseeand 40 PERFECTED TREATIES [The Secretary of State to the French Ambassador] Department of State, Washington, November lo, 1915. Excellency : It not having been found feasible to complete the International Commission provided for in the Treaty of September 15, 1914, between the United States and France, looking to the advancement of the general cause of peace, within the time specified in the Treaty, which expires tomorrow, I have the honor to suggest for the consideration of your Government that the time within which the organization of the Commission may be completed be extended by an exchange of notes from July 22, 1915, to January 1, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Goverimient also. Accept, Excellency, the renewed assurances of my highest con- sideration. Robert Lansing His Excellency Mr J. J. JUSSERAND, The Ambassador of France. [The French Ambassador to the Secretary of State] [Translation] Embassy of the French Republic TO THE United States, Washington, November 10, 1915. Mr. Secretary of State, In reply to Your Excellency's letter of this day's date I hasten to confirm the oral assurances which I had previously given you and to the effect that my Government agrees with that of the United States to decide that the time within which the members of the Commission provided by the Treaty of September 15, 1914, are to be designated will be extended from July 22, 1915, to January 1, 1916. GREAT BRITAIN 41 The present exchange of notes is considered by my Government as sanctioning the said extension of time. Be pleased to accept, Mr. Secretary of State, the assurances of my high consideration. JUSSERAND His Excellency The Honorable Robert Lansing Secretary of State of the United States. Treaty between the United States and Great Britain for the Ad- vancement of General Peace^ The President of the United States of America and His Majesty Contracting ^ •' Powers. the King of the United Kingdom of Great Britain, and Ireland and of the British Dominions beyond the Seas, Emperor of India, being de- sirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their pleni- potentiaries : The President of the United States, the Honorable William Ten- Pienipoten- ■' tianes. nings Bryan, Secretary of State of the United States ; and His Britannic Majesty, the Right Honorable Sir Cecil Arthur Spring-Rice, G. C. V. O., K. C. M. G., etc.. His Ambassador Extraor- dinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and con- cluded the following articles: Article I The High Contracting Parties agree that all disputes between them, ^b^"Jt|d to*"^ of every nature whatsoever, other than disputes the settlement of com^fsg?"^' which is provided for and in fact achieved under existing agreements t°(fn"nd^''^^' report. "■ U. S. Statutes at Large, vol. 38, pt. 2, p. 18S3. Signed at Washington, Sep- tember IS, 1914; ratification advised by the Senate, September 25, 1914; ratified by Great Britain, October 8, 1914; ratified by the President, November 4, 1914; ratifications exchanged at Washington, November 10, 1914; proclaimed, Novem- ber 11, 1914. 42 PERFECTED TREATIES between the High Contracting Parties, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. International Commission. Composition. Expenses. Appointment. Article II The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof ; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportions. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. Duties of Commission. Representa- tives from self-governing British Dominions. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The Inter- national Commission may, however, spontaneously by unanimous agreement ofifer its services to that ettect, and in such case it shall notify both Governments and request their cooperation in the in- vestigation. In the event of its appearing to His Majesty's Government that the British interests affected by the dispute to be investigated are not mainly those of the United Kingdom but are mainly those of some one or more of the self governing dominions, namely, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland, His Majesty's Government shall be at liberty to substitute as the member chosen by them to serve on the International Commission for such investiga- tion and report another person selected from a list of persons to be named one for each of the self governing dominions but only one GREAT BRITAIN 43 shall act, namely, that one who represents the dominion immediately interested. The High Contracting Parties agree to furnish the Permanent ,^®'^e'si.i'*atf°^ International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed Time for . ... report. within one year after the date on which it shall declare its investiga- tion to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. The High Contracting Parties reserve the right to act independently actlon^"*^*^"' on the subject matter of the dispute after the report of the Commis- '■^served, sion shall have been submitted. Article IV This treaty shall not affect in any way the provisions of the Treaty Boundary •^ . . . , waters treaty of the Uth January, 1909,^ relatmg to questions ansmg between the not affected. United States and the Dominion of Canada. Article V The present treaty shall be ratified by the President of the United fa'tific\'tion°s* States of America, by and with the advice and consent of the Senate Duration, thereof, and by His Britannic Majesty ; and the ratifications shall be exchanged at Washington as soon as possible. It shall take eflFect immediately after the exchange of ratifications, and shall continue in force for a period of five years ; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the signatures. present treaty and have affixed thereunto their seals. Done in duplicate at Washington on the 15th day of September, in the year of our Lord nineteen hundred and fourteen. [seal] William Jennings Bryan Cecil Spring -Rice [seal] 1 U. S. Statutes at Large, vol. 36, p. 2448. 44 PERFECTED TREATIES [The Secretary of State to the British Ambassador] Department of State, Washington, November 3, 1915. Excellency : It not having been found feasible to complete the international commission provided for in the treaty of September IS, 1914, between the United States and Great Britain, looking to the advancement of the general cause of peace, within the time specified in the treaty, which expired on May 10, 1915, I have the honor to suggest for the consideration of your Government that the time within which the organization of the commission may be completed be extended by an exchange of notes from May 10, 1915, to January 1, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. I have the honor to be, with the highest consideration. Your Ex- cellency's most obedient servant, Robert Lansing His Excellency Sir Cecil Arthur Spring-Rice, Ambassador of Great Britain. [The British Ambassador to the Secretary of State] British Embassy^ Washington, November 3, IQ15. Sir: I have honour to acknowledge the receipt of your Note of this day's date in which you state as follows : — "It not having been found feasible to complete the international commission provided for in the treaty of September 15, 1914, between the United States and Great Britain, looking to the advancement of the general cause of peace, within the time specified in the treaty, which expired on May 10, 1915, I have the honour to suggest for the consideration of vour Government that the time within which the GUATEMALA 45 organization of the commission may be completed be extended by an exchange of notes from May 10, 1915, to January 1, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favourably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also." I have the honour to inform you in reply that His Majesty's Govern- ment accepts this suggestion made by the United States Government and that they regard the exchange of today's Notes as sufficient to give effect to the extension. I have the honour to be. With the highest coilsideration. Sir, Your most obedient, humble Servant, Cecil Spring Rice The Honourable Robert Lansing, Secretary of State of the United States, etc., etc., etc. Treaty between the United States and Guatemala for the Advance- ment of General Peace^ The United States of America Los Estados Unidos de America Contracting Powers and the Republic of Guatemala, y la Repiiblica de Guatemala, en el being desirous to strengthen the deseo de fortalecer los vinculos de bonds of amity that bind them amistad que los unen y tambien together and also to advance the avanzar la causa de la Paz ge- cause of general peace, have re- neral, han resuelto entrar en un solved to enter into a treaty for Tratado con aquel objeto a cuyo that purpose and to that end have fin han nombrado como sus Pleni- appointed as their plenipoten- potenciarios : tiaries : 1 V. S. Statutes at Large, vol. 38, pt. 2, p. 1840. Signed at Washington, Sep- tember 20, 1913 ; ratification advised by the Senate with amendments, August 13, 1914; ratified by the President, August 27, 1914; ratified by Guatemala, May 15, 1914; ratifications exchanged at Washington, October 13, 1914; proclaimed, October 13, 1914. 46 PERFECTED TREATIES Plenipoten- tiaries. Disputes to be submitted to International Commission for investiga- tion and report. International Commission. Composition. The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and The President of Guatemala, Seiior Don Joaqxiin Mendez, En- voy Extraordinary and Minister Plenipotentiary of Guatemala to the United States; Who, after having communi- cated to each other their respec- tive full powers,, found to be in proper form, have agreed upon the following articles: Article I The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to ad- just, shall be submitted for inves- tigation and report to an Inter- national Commission, to ■ be con- stituted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such investigation and report. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- El Presidente de los Estados Unidos, al Honorable William Jennings Bryan, Secretario de Estado, y El Presidente de Guatemala, al Sefior Don Joaquin Mendez, En- viado Extraordinario y Ministro Plenipotenciario de Guatemala en los Estados Unidos; Quienes, despues de haber co- municado sus respectivos Plenos Poderes, que encontraron en de- bida forma, han convenido en los articulos siguientes: ARTfCULO 1 Las Altas Partes contratantes han convenido, que todas las dis- putas entre ellas, de cualquiera naturaleza que fueren, que la di- plomacia fallare arreglar, deberan ser sometidas para su investiga- cion e informe a una Comision In- ternacional, la cual debera ser constituida en la manera prescrita en el proximo siguiente articulo; y convienen en no declarar guerra 6 empesar hostilidades durante tal investigacion e informe. ARTfCULO II La Comision Internacional de- bera componerse de cinco miem- bros, que deberan ser nombrados como sigue: un miembro debera ser escogido de cada pais, por su respectivo Gobiemo; un miembro debera ser escogido por cada Go- bierno, de un tercer pais ; el quinto miembro debera ser escogido de GUATEMALA 47 mon agreement between the two Governments. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. comun acuerdo entre los dos Go- biernos. Los gastos de la Co- Expenses. mision deberan ser pagados por los dos Gobiemos en igual prp- porcion. La Comision Internacional de- Appointment, bera ser nombrada dentro de cua- tro meses despues del canje de las ratificaciones del Tratado; y las vacantes deberan ser llenadas de acuerdo con la manera del nombramiento original. Article III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, act upon its own initia- tive, and in such case it shall notify both Governments and re- quest their cooperation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the high contracting parties shall ex- tend the time by mutual agree- ment. The report shall be pre- pared in triplicate ; one copy shall be presented to each Government, and the third retained by the Commission for its files. Articulo III En el caso que las Ahas Partes g„"«-i°i„. contratantes hubieren fallado en arreglar una disputa por los me- dios diplomaticos, deberan inme- diatamente ref erirla a la Comision Internacional para su investi- gacion e informe. La Comision Internacional puede, sin embargo, actuar sobre su propia iniciativa, y en tal caso debera notificar ambos Gobiernos y solicitar su cooperacion en la investigacion. El informe de la Comision Timefor report. Internacional debera estar com- pletado dentro de un aiio despues de la fecha en la cual haya de- clarado haber empesado su inves- tigacion, a menos que las Altas Partes contratantes extendieran el tiempo por mutuo consenti- miento. El informe debera ser preparado por triplicado; una copia de^bera ser presentada a cada Gobiemo, y la tercera reteni- 48 PERFECTED TREATIES Independent action reserved. Exchange of ratifications. Duration. The high contracting parties reserve the right to act inde- pendently on the subject-matter of the dispute after the report of the Commission shall have been submitted. Article IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof ; and by the President of the Republic of Guatemala, with the approval of the Congress thereof; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the ex- change of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high con- tracting parties have given no- tice to the other of an intention to terminate it. da por la Comision para sus lega- jos. Las Altas Partes contratantes se reservan el derecho de obrar in- dependientemente en la materia- sujeta de la disputa despues que el informe de la Comision se les haya sometido. ARTfcuLO IV El presente Tratado sera rati- ficado por el Presidente de los Es- tados Unidos de America, de acuerdo y con el consentimiento del Senado respective, y por el Presidente de la Repiiblica de Guatemala, con la aprobacion del Congreso, y las ratificaciones deberan ser canjeadas tan pronto como fuere posible. Debera en- trar en vigor inmediatamente des- pues del canje de ratificaciones, y continuara en fuerza por un periodo de cinco anos; y debera despues permanecer en fuerza hasta doce meses despues que una de las Altas Partes contra- tantes haya notificado a la otra la intencion de terminarlo. Signatures. In witucss whereof the respec- tive plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the 20th day of September, in the year of our Lord nineteen hun- dred and thirteen. [seal] William Jennings Bryan [seal] JOAQUfN MeNDEZ En fe de lo cual, los respectivos Plenipotenciarios han firmado el presente Tratado, y han puesto al pie sus sellos. Hecho en Washington, el dia 20 de Setiembre, en el ano de Nuestro Seiior mil novecientos trece. GUATEMALA 49 [The Secretary of State to the Minister of Guatemala] Department of State, Washington, November 3, 1Q15. Excellency : It not having been found possible to complete the International Commission provided for in the Treaty of September 20, 1913 between the United States and Guatemala, looking to the advancement of the general cause of peace, within the time specified in the Treaty, which expired February 13, 1915, I have the honor to suggest for the con- sideration of your Government that the time within which the organiza- tion of the Commission may be completed be extended by an exchange of notes from February 13, 1915 to January 1, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. Accept, Sir, the renewed assurances of my highest consideration. Robert Lansing Senor Don Joaquin Mendez, The Minister of Guatemala, Washington. [The Guatemalan Minister to the Secretary of State] Legacion de Guatemala, Washington, November 3rd, 19 15. Excellency : I have the honour to acknowledge the receipt of Your Excellency's note of today, in which Your Excellency suggests, that as it was not possible to complete the International Commission provided for in the Treaty of September 20, 1913, between the United States and Guate- mala, looking to the advancement of the general cause of Peace, within the time specified in the Treaty, which expired February 13, 1915, that the time within which the organization of the Commission may be completed be extended by an exchange of notes from February 13, 1915toJanuary 1,1916. 50 PERFECTED TREATIES In answer to Yonr Excellency's note, I beg to state that the Govern- ment of Guatemala receives the suggestion most favourably, and I therefore believe that this answer of mine in the name of my Govern- ment can be regarded as the completing of the exchange of notes. I avail myself of the opportunity to renew to Your Excellency, the assurances of my highest consideration and esteem. Joaquin Mendez His Excellency Robert Lansing, Secretary of State of the United States of America. Etc., etc., etc. Washington, D. C. Treaty between the United States and Honduras for the Advance- ment of General Peace^ Contracting Powers, Plenipoten- tiaries. The United States of America and the Republic of Honduras, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have re- solved to enter into a treaty for that purpose and to that end have appointed as their pleni- potentiaries : The President of the United States, the Honorable William Jennings Bryan, Secretary of State ; and The President of Honduras, Senor Doctor don Alberto Mem- Los Estados Unidos de Ame- rica y la Repiiblica de Honduras, en el deseo de fortalecer los vin- culos de amistad que los unen y tambien avanzar la causa de la Paz general, han resuelto entrar en un Tratado con aquel objeto, a cuyo fin han nombrado como sus Plenipotenciarios : El Presidente de los Estados Unidos, al Honorable William Jennings Bryan, Secretario de Estado, y El Presidente de Honduras, al Sefior Doctor don Alberto Mem- 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1672. Signed at Washington, No- vember 3, 1913 ; ratification advised by the Senate, with amendments, August 13, 1914; ratified by Honduras, May 29, 1916; ratified by the President, July 20, 1916; ratifications exchanged at Washington, July 27, 1916; proclaimed, July 28, 1916. HONDURAS 51 brefio. Envoy Extraordinary and breno, Enviado Extraordinario y Minister Plenipotentiary of Hon- duras to the United States ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles : Ministro Plenipotenciario de Hon- duras en los Estados Unidos ; Quienes, despues de haber co- municado sus respectivos Plenos Poderes, que encontraron en de- bida forma, ban convenido en los articulos siguientes: Article I The high contracting parties agree that all disputes between them, of every nature whatso- ever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an International Commission, to be constituted in the manner pre- scribed in the next succeeding Article ; and they agree not to declare war or begin hostilities during such investigation and report. Articulo I Las Altas Partes contratantes Disputes to be submitted to convienen en que todas las dis- international ^ Commission. putas entre ellas, de cualquiera naturaleza que fueren, que la diplomacia fallare arreglar, debe- ran ser sometidas para su inves- tigacion e informe a una Comision Internacional, la cual debera ser constituida en la manera prescrita en el proximo siguiente articulo; y convienen en no declarar guerra 6 empezar hostilidades durante tal investigacion e informe. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments. The expenses of the Commission shall be paid by Articulo II La Comision Internacional de- comS^sUiT' bera componerse de cinco miem- Composition, bros, que deberan ser nombrados como sigue: un miembro debera ser escogido de cada pais, por su respectivo Gobierno; un miembro debera ser escogido por cada Gobierno, de un tercer pais; el quinto miembro debera ser es- cogido de comun acuerdo entre los dos Gobiernos. Los gastos Expenses. de la Comision deberan ser paga- 52 PERFECTED TREATIES the two Governments in equal proportion. Appointment. fhe International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original ap- pointment. dos por los dos Gobiernos en igual proporcion. La Comision Internacional de- bera ser nombrada dentro de cuatro meses despues del canje de las ratificaciones del Tratado; y las vacantes deberan ser Uena- das de acuerdo con la manera del nombramiento original. Duties of Commission, Time for report. Independent action. Article III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, act upon its own initia- tive, and in such case it shall notify both Governments and request their cooperation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the high contracting parties shall ex- tend the time by mutual agree- ment. The report shall be pre- pared in triplicate ; one copy shall be presented to each Government, and the third retained by the Commission for its files. The high contracting parties reserve the right to act indepen- Articulo III En el caso que las Altas Partes contratantes hubieren fallado en arreglar una disputa por los me- dios diplomaticos, deberan inme- diatamente referirla a la Comi- sion Internacional para su inves- tigacion e informe. La Comision Internacional puede, sin embargo, actuar por su propia iniciativa, y en tal caso debera notificar a ambos Gobiernos y solicitar su cooperacion en la investigacion. El informe de la Comision In- ternacional debera estar comple- tado dentro de un ano despues de la f echa en la cual haya declarado haber empezado su investigacion, a menos que las Altas Partes con- tratantes extendieren el tiempo por mutuo consentimiento. El informe debera ser preparado por triplicado; una copia debera ser presentada a cada Gobierno, y la tercera retenida por la Comision para sus legajos. ■ Las Altas Partes contratantes se reservan el derecho de obrar HONDURAS 53 dently on the subject-matter of the dispute after the report of the Commission shall have been sub- mitted. Article IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Congress of the Republic of Hon- duras; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifica- tions, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the third day of November, in the year of our Lord nineteen hun- dred and thirteen. independientemente en el asunto de la disputa despues que el in- forme de la Comision se les haya sometido. Articuix) IV El presente Tratado sera ratifi- Ratification, cado por el Presidente de los Es- tados Unidos de America, de acuerdo y con el consentimiento del Senado respectivo, y por el Congreso de la Repiiblica de Honduras; y las ratificaciones deberan ser canjeadas tan pronto como fuere posible. Debera en- Duration, trar en vigor inmediatamente despues del canje de ratifica- ciones, y continuara en fuerza por un periodo de cinco anos ; y de- bera despues permanecer en fuerza hasta doce meses despues que una de las Altas Partes con- tratantes haya notificado a la otra la intencion de terminarlo. En fe de lo cual, los respectivos Signatures. Plenipotenciarios han firmado el presente Tratado, y han puesto al pie sus sellos. Hecho en Washington, el dia tercero de Noviembre, en el ano de Nuestro Senor mil novecientos trece. William Jennings Bryan [seal] Alberto Membeeno [seal] 54 PERFECTED TREATIES Treaty between the United States and Italy for the Advancement of General Peace^ Contracting Powers. Plenipoten- tiaries. Differences to be sub- mitted to a Commission for investiga- tion and report. The President of the United States of America and His Maj- esty the King of Italy, being de- sirous to strengthen the bonds of amity that bind "the two coun- tries, and also to advance the cause of general peace, have re- solved to enter into a treaty for those purposes, and to that end have appointed as their Plenipo- tentiaries : The President of the United States of America, the Honorable William Jennings Bryan, Secre- tary of State ; and His Majesty the King of Italy, His Excellency the Marquis Cu- sani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc.. His Ambassador Extraor- dinary and Plenipotentiary at Washington ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles : Article I The High Contracting Parties engage to submit for investigation and report to a Commission, to be constituted according to the pro- II Presidente degli Stati Uniti d'America e Sua Maesta il Re d'ltalia, essendo desiderosi di rinforzare i vincoli d'amicizia che congiungono i due Paesi, nonche di promuovere la causa della pace generale, hanno risolto di addi- venire ad un Trattato per tali intenti ed a questo fine hanno nominato come loro Plenipoten- ziari : II Presidente degli Stati Uniti d'America : I'Onorevole William Jennings Bryan, Segretario di Stato; e Sua Maesta il Re d'ltalia: Sua Eccellenza il Marchese Cusani Confalonieri, Commendatore dell'- Ordine dei Santi Maurizio e Laz- zaro. Gran Cordone dell'Ordine della Corona d'ltalia, ecc, Suo Ambasciatore Straordinario e ' Plenipotenziario a Washington; i quali, dopo essersi reciproca- mente comunicati i loro rispettivi pieni poteri, trovandoli in debita forma, hanno convenuto sugli ar- ticoli seguenti : Articolo I Le Alte Parti Contraenti s'im- pegnano a sottomettere, per inchi- esta e rapporto, ad una Commis- sione da costituirsi secondo le 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1618. Signed at Washington, May 5, 1914; ratification advised by the Senate, August 13, 1914; ratified by the President, March 17, 1915; ratified by Italy, November 29, 1914; ratifications exchanged at Washington, March 19, 1915; proclaimed, March 24, 1915. ITALY 55 visions of the following Article, all differences of whatever nature they may be which may occur be- tween them which can not be com- posed by diplomatic methods or are not submitted to a tribunal of arbitration; they bind themselves not to declare war nor to open hostilities during the examination by the Commission and before the Commission has presented its re- port. Article II The International Commission shall be composed of five mem- bers appointed according to the following rules: Each country, by means of its Government, chooses two mem- bers, one from among its own subjects, the other from among those of a third State; the two Governments, after agreement, will name the fifth member, on condition, however, that he be not a citizen of either of these two countries. Each Commis- sioner shall hold his place during a term of four years ; at the expi- ration of this term, or in the event of vacancy, the confirmation or the substitution of the Commis- sioner whose term may have ex- pired or whose place may be va- cant shall be made in the same manner. Each of the High Contracting Parties shall have the right, be- fore the investigation has begun, to substitute for one of the mem- disposizioni dell'articolo seguente, tutte le divergenze di qualsiasi natura che vengano a sorgere fra Esse e che non possano essere regolate per le vie diplomatiche o non siano sottomesse ad un tribu- nale arbitrale; Esse si obbligano a non dichiararsi la guerra e a non aprire le ostilita durante I'esame della Commissione e prima che questa abbia presentato il suo rapporto. Articolo II La Commissione Internazionale (Pm™fss°onf sara composta di cinque membri. Composition, nominati secondo le regole se- guenti : Ogni Paese, per mezzo del suo Governo, scegliera due membri, I'uno fra i suoi cittadini, I'altro fra quelli d'un terzo Stato; i due Governi, dopo essersi messi d'ac- cordo, nomineranno il quinto membro, a condizione pero che egli non sia cittadino di alcuno di questi due Paesi. Ogni Com- missario occupera il suo posto durante un termine di quattro anni; alio spirare di questo ter- mine, o in caso di vacanza, la conferma o la sostituzione del Commissario il cui termine sia spirato o il cui posto sia vacante, sara fatta nella stessa maniera. Ognuna delle Alte Parti Con- traenti avra il diritto, prima che I'esame sia cominciato, di sosti- tuire uno dei membri della Com- 56 PERFECTED TREATIES Compensation. Expenses. Appointment. bers of the Commission appointed by it another one chosen from the category to which the Commis- sioner to be replaced belonged. When the Commissioners be actually occupied in the examina- tion of a question they shall re- ceive a compensation which will be mutually agreed upon by the High Contracting Parties. The expenses of the Commis- sion shall be borne by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this Treaty. missione da Essa nominate, con un altro, scelto nella categoria alia quale apparteneva il Commissario da surrogarsi. Quando i Commissari saranno effettivamente occupati nell'esa- me di una vertenza, essi riceve- ranno una indennita che sara fissata di comune accordo fra le Alte Parti Contraenti. Le spese della Commissione saranno sostenute dai due Go- verni in parti eguali. La Com- missione Internazionale sara no- minata entro sei mesi dopo lo scambio delle ratifiche di questo Trattato. Duties of Commission. Facilities _ for investi- gation, etc. Article III In case the High Contracting Parties shall have failed to ad- just a dispute by diplomatic methods or by means of a tribu- nal of arbitration, it shall at once be referred, either by common agreement or by one or the other party, to the International Com- mission for investigation and re- port. The Commission must inform the two Governments of the date on which it will begin its labors, inviting them to furnish it with all the documents and to lend it the cooperation necessary for the investigation. The High Contracting Parties engage to furnish all the docu- ments and to afford all facilities Articolo III Nel caso in cui le Alte Parti Contraenti non abbiano potuto regolare una divergenza per le vie diplomatiche o per mezzo di un tribunale arbitrale, questa sara senza ritardo sottomessa, sia di comune accordo, sia a cura del- I'una o dell'a-ltra Parte, alia Com- missione Internazionale, per in- chiesta e rapporto. La Commissione dovra infor- mare i due Governi della data alia quale essa cominciera i suoi lavori, invitandoli a fornirle tutti i docu- menti o a prestarle la cooperazione necessaria per I'inchiesta. Le Alte Parti Contraenti s'im- pegnano a fornire tutti i docu- ment! e ad accordare 1 tutte le ITALY 57 for the investigation and the re- port, provided that in their judg- ment this does not conflict with the laws or with the supreme in- terests of the State, and provided that the interests and rights of third States shall not thereby suffer damage. In the absence of an agreement to the contrary between the High Contracting Parties, the Commis- sion will itself adopt regulations governing its procedure. The report of the Commission must be presented within a period of one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties may have shortened or prolonged by mutual agreement this term. The report shall be prepared in tripli- cate; one copy shall be presented to each Government, and the third shall be placed in the archives of the Commission. The High Contracting Parties reserve to themselves the right to act independently on the subject matter of the dispute after the Commission shall have presented its report. Article IV The present Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of facilitazioni per I'inchiesta e il rapporto purche, a loro awiso, cio non sia in conflitto con le leggi o con gli interessi supremi del Paese a purche gli interessi e i diritti di terzi Stati non ne sofF- rano danno. Salvo accordo contrario fra le Alte Parti Contraenti, la Com- missione fissera essa medesima le regole governanti il suo funziona- mento. II rapporto della Commissione Time for , ^ ., report. dovra essere presentato entro il termine di un anno, a partire dalla data in cui essa dichiarera che la sua inchiesta e cominciata, a meno che le Alte Parti Contraenti non abbreviino o non prolunghino di comune accordo questo termine. II rapporto sara redatto in tre esemplari, uno di essi sara rimesso ad ogni Governo, ed il terzo sara depositato negli Archivi della Commissione. Le Alte Parti Contraenti si ri- independent servano il diritto d'agire in modo reserved, indipendente nella questione stessa che forma I'oggetto della vertenza, dopo che la Commis- sione avra presentato il suo rap- porto. Articoix) IV II presente Trattato sara rati- Ratification. ficato dal Presidente degli Stati Uniti d' America, in base al parere e col consenso del Senato, e da 58 PERFECTED TREATIES Duration. the Senate, and by His Majesty the King of Italy, and the ratifi- cations shall be exchanged as soon as possible. The Treaty will come into force, for a period of five years, imme- diately after the exchange of rati- fications. It will thereafter re- main in force for twelve months more after one of the High Con- tracting Parties shall have noti- fied the other of its intention to terminate it. Sua Maesta il Re d'ltalia, e le ratifiche saranno scambiate al piii presto possibile. II Trattato entrera in vigore immediatamente dopo lo scambio delle ratifiche. Esso restera, in seguito, in vigore per dodici mesi dopo che I'una delle Alte Parti Contraenti avra notificato all'al- tra la sua intenzione di mettervi fine. Signatures. In witness whereof the respec- tive plenipotentiaries have signed the present Treaty and have af- fixed thereunto their seals. Done in duplicate in the Eng- lish and Italian languages at Washington this fifth day of May, in the year 1914. In f ede di che i rispettivi Pleni- potenziari hanno firmato il pre- sente trattato e vi hanno apposto i loro sigilli. Fatto in doppio originale in lin- gua inglese ed italiana il giorno cinque Maggio dell'anno 1914. William Jennings Bryan [seal] CusANi [seal] [The Secretary of State to the Italian Ambassador] No. 118.] Department of State, Washington, September i8, 1915. Excellency : It not having been found feasible to complete the international com- mission provided for in the treaty of May 5, 1914, between the United States and Italy, looking to the advancement of the general cause of peace, within the time specified in the treaty, which expires tomorrow, I have the honor to suggest for the consideration of your Government that the time within which the organization of the commission may be ITALY 59 completed be extended by an exchange of notes from September 19, 1915, to January 1, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. Accept, Excellency, the renewed assurances of my highest consid- eration. Robert Lansing His Excellency Count V. Macchi di Cellere, Ambassador of Italy. [The Italian Ambassador to the Secretary of State] [Translation] No. 3509.] Royal Embassy of Italy, Washington, September i8, 1915. Mr. Secretary of State : By note of today's date Your Excellency, in view of the fact that it had not been feasible to complete the Commission provided for in Arti- cle 2 of the Convention of May 5, 1914, between Italy and the United States, for the prevention of international conflicts, and that, on the other hand, the time set by the Convention for the appointment of the said Commission expires tomorrow, was pleased to propose through me to the King's Government that the time within which the Commis- sion may be completed be extended by an exchange of notes from Sep- tember 19, 1915, to January 1, 1916. Your Excellency added that my formal notification in writing, of the same date of today, that the said proposition is accepted by the Italian Government would be regarded on the part of the Government of the United States as sufficient to give effect to the extension. I have the honor and hasten, for my part, to inform Your Excel- lency that my Government readily agrees to an extension of the time within which the above mentioned Commission may be appointed until January 1, 1916, and that it also regards the exchange of today's notes as sufficient to give effect to the extension. 60 PERFECTED TREATIES Accept, Mr. Secretary of State, the assurances of my highest con- sideration. Macchi di Cellere To His Excellency The Honorable Robert Lansing, Secretary of State, Washington. Treaty between the United States and Norway for the Advancement of General Peace^ Contracting Powers. Plenipoten- tiaries. The President of the United States of America and His Maj- esty the King of Norway, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that pur- pose, and to that end have ap- pointed as their plenipotentiaries : The President of the United States, William Jennings Bryan, Secretary of State of the United States; and His Majesty the King of Nor- way, H. H. Bryn, Envoy Extra- ordinary and Minister Plenipo- tentiary of Norway to the United States ; Prsesidenten for Amerikas Fore- nede Stater og Hans Majestaet Kongen av Norge har, besjselet av onsket om at styrke de mellem begge stater bestaaende ven- skabsbaand og samtidig at fremme freden i almindelighet, besluttet i dette oiemed at av- slutte en traktat og har i den anledning utnsevnt til sine befuld- msegtigede : Prsesidenten for Amerikas Fore- nede Stater, William Jennings Bryan, de Forenede Staters stats- sekretaer; og Hans Majestaet Kongen av Norge, H. H. Bryn, Norges over- ordentlige Utsending og befuld- msegtigede Minister i de Forenede Stater ; ^ U. S. Statutes at Large, vol. 38, pt. 2, p. 1843. Signed at Washington, June 24, 1914; ratification advised by the Senate, August 13, 1914; ratified by the President, October 14, 1914; ratified by Norway, September 18, 1914; ratifica- tions exchanged at Washington, October 21, 1914; proclaimed, October 22, 1914. NORWAY 61 Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon and concluded the following arti- cles: Article I The High Contracting Parties agree that all disputes between them of every nature whatsoever shall, when diplomatic methods of adjustment have failed, be re- ferred for investigation and report to a Permanent International Commission; provided, however, that treaties in force between the two parties do not prescribe settlement by arbitration of such dispute. The Commission shall be con- stituted in the manner prescribed in the next succeeding article. The High Contracting Parties agree not to declare war or begin hostilities during such investiga- tion and before the report is sub- mitted. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country by the Govern- ment thereof; one member shall be chosen by each Government from some third country; the fifth member, who shall be the Hvilke efter at ha meddelt hin- anden sine respektive fuldmagter, som fandtes at vaere i behorig form, er kommet overens om fol- gende artikler : Artikel I De hoie kontraherende parter Disputes to be ■* ^ submitted to er enige om, at alle stridigheter f^^^'^i^l^^i mellem dem, likegyldig av hvilken Commission. art, som det ikke er lykkes at bilsegge ad diplomatisk vei, skal forelasgges en permanent inter- national kommission til under- sokelse og betsenkning, forsaavidt fj^J'^g^'i^ de ikke i henhold til de mellem >» force, parterne gjaaldende traktater blir at avgjore ved voldgift. Kommissionen skal sammen- ssettes paa den i folgende artikel bestemte maate. De hoie kontraherende parter er enige om ikke at erklsere krig eller aapne fiendtligheter saalsenge kommissionens undersokelse ikke er tilendebragt og dens betasnk- ning avgit. Artikel II Den internationale kommis- sion skal bestaa av fem medlem- mer, son opnasvnes paa folgende maate : Et medlem skal vselges fra hvert land av dettes regjering, et medlem skal vaslges av hver regjering fra et tredje land. Det femte medlem, som skal vaere kommissionens formand, skal vael- International Commission. Composition. 62 PERFECTED TREATIES Expenses. Appointment. Procedure. Duties of Commission. chairman of the Commission, shall be chosen by common agree- ment between the two Govern- ments, it being understood that he shall not be a citizen of either country nor a resident in either of them. If an agreement is not reached as to this appointment, the fifth member shall be chosen according to the rules laid down in Art. 87 of the Convention signed at The Hague on October 18, 1907, for the Peaceful Settle- ment of International Disputes.^ The expenses of the Commis- sion shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty ; vacan- cies to be filled according to the manner of the original appoint- ment. Unless otherwise agreed be- tween the parties, the procedure of the International Commission shall be regulated by the pre- scriptions contained in Chapter III of the Convention mentioned above.^ Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, and the dispute is not to be set- ges efter overenskomst mellem de to regjeringer; han maa ikke vaere statsborger eller bosat i noget av de to land. Hvis det ikke lykkes at komme til en saa- dan overenskomst, skal det femte medlem vselges overensstem- mende med reglerne i Art. 87 i den i Haag den 18de oktober, 1907, undertegnede konvention om fredelig bilaeggelse av inter- nationale tvistigheter. Kommissionens utgifter skal betales av de to regjeringer med like dele. Den internationale kommission skal opnsevnes inden utlopet av 4 maaneder efter utvexlingen av ratifikationerne av denne traktat. I tilfaelde av ledighet eller forfald inden kommissionen, skal med- lemmer opnaevnes efter samme regler, som er gjaeldende for den oprindelige opnsevnelse. Medmindre andet er avtalt mellem parterne, skal procedyren ved den internationale kommis- sion ske i overensstemmelse med reglerne i kap. Ill i den oven- nsevnte konvention. Aetikel III Hvis det ikke lykkes de hole kontraherende parter at bilaegge en strid gjennem diplomatisk for- handling, og den ikke blir at av- ^ U. S. Statutes at Large, vol. 36, p. 2233. 2 Ibid., p. 2226. NORWAY 63 tied by arbitration, the Parties shall at once refer it to the Inter- national Commission for investi- gation and report. The International Commission may, however, spontaneously offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investi- gation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities re- quired for its investigation and report. The report of the International Commission shall be completed as soon as possible and at the lat- est within one year after the date on which the Commission shall declare its investigation to have begun, unless the High Contract- ing Parties shall extend or limit the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be pre- sented to each Government, and the third retained by the Commis- sion for its files. gjore ved voldgift, skal parterne straks henvise den til den inter- national kommission til under- sokelse og betsenkning. Den Internationale kommission kan desuten tilby sin medvirkning paa eget initiativ og i saa tilfaelde skal den underrette begge regje- ringer og anmode om deres bi- stand til undersokelsen. De hole kontraherende parter er enige om at yde den perma- nente Internationale kommission alle hjaelpemidler og enhver bi- stand, som er nodvendig til fore- tagelse af undersokelsen og avgi- velse av batsenkningen. Den Internationale kommis- J'™* ^ for report, sions beretning skal avgives sna- rest mulig og senest inden et aar efter det tidspunkt, paa hvilket den erklserer, at dens underso- kelse er paabegyndt, med mindre de hoie kontraherende parter efter avtale forlaenger eller begrsenser dette tidsrum. Betjenkningen skal utfserdiges i 3 eksemplarer, av hvilke et skal overgives hver av de to regjeringer, det tredje skal kommissionen bevare i sine arki- ver. Article IV The High Contracting Parties agree that, upon the receipt of the report of the International Commission, they will immedi- ately endeavor to adjust the dis- Artikel IV De hoie kontraherende parter Action ^ on report. er enige om efter mottagelsen av den permanente internationale kommissions betsenkning uophol- delig at ville bestrsebe sig for at 64 PERFECTED TREATIES Right reserved. Exchange of ratifications. Duration. Signatures. pute directly between them upon the basis of the Commission's findings. They reserve, however, the right to act independently on the subject matter of the dispute after the report of the Commis- sion shall have been submitted. Article V The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Norway. The ratifications shall be ex- changed at Washington as soon as possible. The treaty shall take effect immediately after the exchange of ratifications and shall continue in force for a period of five years ; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an intention to termi- nate it. bilsegge striden direkte mellem sig paa grundlag av kommissionens betaenkning. De forbeholder sig imidlertid sin ret til at handle i saken uavhsengig av denne. Artikel V Njervaerende traktat skal rati- ficeres av Praesidenten for Ameri- kas Forenede Stater med raad og samtykke av staternes senat, og av Hans Majestaet Kongen av Norge. Ratifikationerne skal utveksles i Washington saa snart som mulig. Traktaten skal traede i kraft umiddelbart efter utvekslingen av ratifikationerne og skal forbli i kraft for et tidsrum av 5 aar, og derefter skal deii bli i kraft indtil utlopet av 12 maaneder efter at en av de hoie kontraherende par- ter maatte gi den anden part meddelelse om, at den bar til hensigt at bringe den til ophor. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have af- fixed thereunto their seals. Done in duplicate, in the Eng- lish and Norwegian languages, at Washington, this 24th day of June, 1914. [seal] William Jennings Bryan [seal] Helmer H. Bryn Til bekraeftelse herav bar de to befuldmaegtigede undertegnet naervserende trakat og paatrykt sit segl. Git i to eksemplarer paa en- gelsk og norsk i Washington den 24 Juni, 1914. NORWAY 65 [The Secretary af State to the Norwegian Minister] Department of State, Washington, January 7, 1915. My dear Mr. Minister. Replying to your Government's telegram, of January 4th, 1915, and communicated to this Department on January 7th, 1915, I beg to sug- gest that the two Governments agree that unless the appointment of the Commission is completed by February 21st, 1915, the time be ex- tended by mutual agreement until the contracting parties are able to complete the selection. If your Government agrees to this, a favorable answer taken in con- nection with this note will be regarded as an agreement. Accept, Excellency, the renewed assurances of my highest consid- eration. W. J. Bryan His Excellency Mr. H. H. Bryn, Minister of Norway. [The Norvuegian Minister to the Secretary of :i>tate\ Legation of Norway, Washington, D. C, January 12, 1915. Mr. Secretary of State, In the note Your Excellency addressed to me on the 7th instant Your Excellency suggested that the Norwegian and the American Gov- ernments agree that unless the appointment of the Commission men- tioned in Art. II of the Treaty signed on June 24, 1914, is completed by February 21st, 1915, the time be extended by mutual agreement until the contracting parties are able to complete the selection. Your Excellency added that if the Norwegian Government agrees to this, a favorable answer taken in connection with the said note would be regarded as an agreement. In reply to the said note I have been instructed by my Government to inform Your Excellency that my Government agrees to the sugges- tions set forth in the note, and that an agreement thus is concluded. 66 PERFECTED TREATIES Please accept, Mr. Secretary of State, the assurances of my highest consideration. H. Bryn His Excellency, Hon. W. J. Bryan, Secretary of State etc. etc. etc. Treaty between the United States and Paraguay for the Advance- ment of General Peace^ Contracting Powers. plenipoten- tiaries. Treaty of Peace between the Uni- Tratado de Paz entre las Estados ted States of America and the Unidos de America y la Repu- Republic of Paraguay. Mica del Paraguay. The United States of America and the Republic of Paraguay, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have re- solved to enter into a treaty for that purpose and to that end have appointed as their plenipo- tentiaries : The President of the United States, His Excellency Daniel F. Mooney, Envoy Extraordinary and Minister Plenipotentiary ; and The President of Paraguay, His Excellency D. Manuel Gondra, Minister of Foreign Relations ; Los Estados Unidos de America y la Repiiblica del Paraguay, en el deseo de fortalecer los vinculos de amistad que los unen y tam- bien fomentar la causa de la Paz general, han resuelto celebrar un Tratado con ese objeto, a cuyo fin han nombrado como sus Plenipo- tenciarios : El Presidente de los Estados Unidos, a Su Excelencia Mr. Daniel F. Mooney, Enviado Ex- traordinario y Ministro Plenipo- tenciario, y El Presidente del Paraguay a Su Excelencia Don Manuel Gon- dra, Ministro de Relaciones Ex- teriores ; 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1615. Signed at Asuncion, August 29, 1914; ratification advised by the Senate, October 22, 1914; ratified by the President, October 26, 1914; ratified by Paraguay, March 9, 1915: ratifications exchanged at Asuncion, March 9, 1915 ; proclaimed, March 17, 1915. PARAGUAY 67 Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles : Quienes, despues de haberse comunicado sus respectivos Ple- nos Poderes, que encontraron en debida forma, han convenido en los articulos siguientes : Article I The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to ad- just, shall be submitted for inves- tigation and report to an Interna- tional Commission, to be consti- tuted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such in- vestigation, and before the report is submitted. Articulo I Las Altas Partes Contratantes Disputes to be submitted to convienen que todas las cuestiones international ■^ Commission entre ellas, de cualquier natura- for investiga- ■^ tion and leza que fuesen, que no hubiesen report. podido ser resueltas por la via diplomatica, deberan ser someti- das para su investigacion e in- forme a una Comision Interna- cional, la cual debera constituirse en la forma que prescribe el arti- culo siguiente; y acuerdan no de- clarar la guerra o iniciar las hos- tilidades durante tal investiga- cion y antes de que el inf orme les sea sometido. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Govern- ment thereof; one member shall be chosen by each Government from some third country ; the fifth member shall be chosen by com- mon agreement between the two Governments. The expenses shall be paid by the two Governments in equal proportion. The International Commission International Commission. Composition. ARTfcULO II La Comision Internacional de- bera componerse de cinco miem- bros, nombrados en la forma si- guiente : un miembro sera designa- do de cada pais, por su respectivo Gobierno ; un miembro debera ser designado por cada Gobierno, de un tercer pais; el quinto sera de- signado de comiin acuerdo por los dos Gobiernos. Los gastos de la Comision deberan ser pagados por Expenses. los dos Gobiernos, en igual pro- porcion. La Comision Interna- cional debera ser nombrada den- Appointment. 68 PERFECTED TREATIES shall be appointed within the four months following the exchange of the ratifications of this treaty; and vacancies shall be filled ac- cording to the manner of the original appointment. tro de los cuatro meses siguientes al canje de ratificaciones de este Tratado y las vacantes seran llenadas en la misma forma del nombramiento original. Duties of Commission, Time for report. Independent action reserved. Article III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The International Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have been initiated, unless the high contracting parties shall protract the term by mutual consent. The report shall be pre- pared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its archives. The high contracting parties reserve the right to act inde- pendently on the subject-matter of the dispute after the report of the Commission shall have been submitted. Articulo III En caso de que las Altas Partes Contratantes no hubiesen podido arreglar una cuestion por los medios diplomaticos, deberan in- mediatamente referirla a la Comi- sion Internacional para su inves- tigacion e informe. La Comision Internacional puede, sin em- bargo, obrar por propia inicia- tiva, y en tal caso debera notificar a ambos Gobiernos y solicitar su cooperacion en la investigacion. El informe de la Comision In- ternacional debera estar comple- tado dentro de un ano despues de la fecha en que haya declarado haber iniciado sus trabajos, a menos que las Altas Partes Con- tratantes dilatasen el termino por mutuo consentimiento. El in- forme debera ser preparado por triplicado ; un ejemplar debera ser presentado a cada Gobierno, y el tercero retenido por la Comi- sion en sus archivos. Las Altas Partes Contratantes se reservan el derecho de obrar independientemente en la ma- teria asunto de la discusion, des- pues que el informe de la Comi- sion les haya sido sometido. PARAGUAY 69 Article IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof ; and by the Presi- dent of the Republic of Paraguay, with the approval of the Congress thereof ; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years, and it shall thereafter remain in force until one year after one of the high con- tracting parties have given notice to the other of an intention to terminate it. Articulo IV El presente Tratado sera ratifi- Ratification, cado por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado, y por el Presidente del Paraguay, con la aprobacion del Congreso, y las ratificaciones deberan ser canjeadas tan pronto como sea posible. Entrara en vigor inmediatamente despues del canje de ratificaciones, y regira, por un periodo de cinco anos; pero se considerara prorrogada su 0u„tion. vigencia hasta tanto no lo de- nuncie una de las Altas Partes Contratantes con un ano de an- ticipacion. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Asuncion on the twenty-ninth of August, in the year of our Lord nineteen hun- dred and fourteen. Daniel F. Mooney [seal] M. GoNDRA [seal] En f e de lo CUal, los reSpectivOS Signatures. Plenipotenciarios han firmado el presente Tratado, y han puesto al pie sus sellos. Hecho en Asuncion, el dia veinte y nueve de Agosto del aiio mil novecientos catorce. [The Secretary of State to the Minister of Paraguay] Department of State, Washington, November i6, 1915. Sir: The time specified in the Treaty of August 29, 1914, between the United States and Paraguay, looking to the advancement of the general cause of peace, for the appointment of the International Commission having expired, without the United States non-national Commissioner, 70 PERFECTED TREATIES the Paraguayan Commissioners and the Joint Commissioner being named, I have the honor to suggest for the consideration of your Gov- ernment that the time within which the organization of the Commis- sion may be completed be extended from July 9, 1915, to January 15, 1916. Your formal notification in writing, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to re- ceive your assurance that it will be so regarded by your Government also. Accept, Sir, the renewed assurances of my highest consideration. Robert Lansing Mr. Hector Velazquez, The Minister of Paraguay. [The Consul-General of Paragtuiy to the Secretary of State] CoNsuLADo General del Paraguay en Nueva York November 22, 1915. Sir: Replying to the note of Your Excellency of the sixteenth instant addressed to His Excellency, Dr. Hector Velazquez, Minister of Para- guay, suggesting an extension until January fifteenth, 1916, for the completion of the International Commission provided by the Treaty of August twenty-ninth, 1914, I beg to advise that, in the absence of Dr. Velazquez, I communicated with the Government at Asuncion by cable as follows : "Lansing suggests exchange notes extension time to Jan- uary fifteen next appointment Peace Treaty Commissioners," to which I am in receipt today of a cable message reading as follows : "Sugges- tion accepted you are authorized exchange notes. Gondra." I therefore, by virtue of this authority, accept formally on the part of the Government of Paraguay Your Excellency's suggestion for an extension until the date mentioned, and beg to give assurance that Your Excellency's note will be regarded as giving full effect to such extension. I have the honor to be. Sir, Very respectfully, Wm. Wallace White To the Honorable Robert Lansing, Secretary of State, Washington, D. C. PERU 71 Treaty between the United States and Peru for the Advancement of General Peace^ The United States of America and the Republic of Peru, with the earnest desire to strengthen their bonds of friendship and to contribute to the development of the spirit of universal peace, have resolved upon the celebration of a treaty containing the rules for the practice of these high proposals and to that end have nominated as their plenipotentiaries : The President of the United States, Benton McMillin, Envoy Extraordinary and Minister Plen- ipotentiary of the United States in Peru; and The President of Peru, Doctor J. Fernando Gazzani, Minister of Foreign Relations; Who, after having examined their full powers, which were found in due form, have agreed upon the following articles: La Repiiblica del Peru y los Es- Contracting ■^ •^ Powers. tados Unidos de America, con el anhelo de estrechar sus vinculos de amistad y de contribuir al de- sarrollo del espiritu de paz uni- versal, han resuelto la celebracion de un Tratado que contenga las reglas para la practica de estos elevados propositos; y, al efecto, han nombrado como sus plenipo- tenciarios : El Presidente del Peru, al setior Plenipoten- tiaries. doctor don J. Fernando Gazzani, Ministro de Relaciones Exterio- res; y El Presidente de los Estados Unidos, el senor Benton McMil- lin, Enviado Extraordinario y Ministro Plenipotenciario de los Estados Unidos en el Peru ; Quienes, despues de examinar sus respectivos plenos poderes, que encontraron en debida forma, han convenido en los articulos siguientes : Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previ- ous arbitration treaties or agree- Articulo I Las Altas Partes Contratantes Disputes to be J 111 submitted to acuerdan que todas las desave- international ,. . . Conunission nencias, de cualquiera naturaleza for investiga- ,, 111 tion and que ellas sean, y que en el hecho report. . o por los terminos de tratados de 1 V. S. Statutes at Large, vol. 39, pt. 2, p. 1611. Signed at Lima, July 14, 1914; ratification advised by the Senate, August 20, 1914; ratified by the President, December 1, 1914; ratified by Peru, January 26, 1915; ratifications exchanged at Lima, March 4, 1915; proclaimed, March 6, 1915. 72 PERFECTED TREATIES ments do not apply in their terms or are not applied in fact, shall, when diplomatic methods of ad- justment have failed, be referred for investigation and report to an International Commission, to be constituted in the manner pre- scribed in the next succeeding ar- ticle; and they agree not to de- clare war or begin hostilities dur- ing such investigation and before the report is submitted. arbitraje existentes no esten com- prendidas en sus estipulaciones, y que no hayan podido arreglarse por la via diplomatica, seran sometidas, para su investigacion e informe, a una Comision Inter- nacional constituida de la manera prescrita en el siguiente articulo; y convienen en no declararse la guerra o empezar las hostilidades durante el periodo de la investi- gacion y antes de sometido el informe. International Commission. Composition, Article II The International Commission shall be composed of five mem- bers, two named by each one of the respective Governments and one named jointly by them. The designations made by each Gov- ernment can only devolve one on a citizen of the State itself and the other on a citizen of a third coun- try. The designation of the fifth member can not devolve upon a citizen of either of the two inter- ested nations. Each of the High Contracting Parties reserves to itself the right to withdraw its two Commission- ers, or one of them, before the ini- tiation of the investigations, and, within the same period, to with- draw its agreement to the joint designation of the fifth member. In these cases, they shall proceed Articulo II La Comision Internacional de- bera componerse de cinco miem- bros: dos de nombramiento por cada uno de los respectivos Gobiernos, y uno por nombra- miento de comiin acuerdo entre ambos. Las designaciones co- rrespondientes a cada Gobierno, han de recaer, de modo preciso, una en ciudadano del propio Estado, y la otra en nacional de un tercer pais. La designacion del quinto miembro no podra re- caer en ciudadano de ninguna de las dos Naciones interesadas. Cada una de las Altas Partes Contratantes se reserva el derecho de separar a sus dos comisiona- dos o a uno solo de ellos, antes de la instauracion de las investi- gaciones ; y, dentro de este mismo termino, el de retirar su con- sentimiento al comiin acuerdo sobre la designacion del quinto PERU 73 to replace them according to the forms above laid down. During the period of investiga- tion the Commissioners shall re- ceive such pecuniary compensa- tion as shall be agreed upon by the High Contracting Parties. The Commission, whose ex- penses shall be met in equal parts by the two Governments, shall be appointed a short time after the exchange of the ratifications of the Treaty; and to provide for possible vacancies on it, the same rules shall be applied as in the original designations. miembro. En estas eventualida- des, deben proceder a los re- emplazos en las formas ante- riormente previstas. Por el tiempo de la investiga- Compensation. cion, los comisionados recibiran las compensaciones pecuniarias que acuerden las Altas Partes Contratantes. La Comision, CUyOS gastOS CO- Expenses. rresponderan por iguales partes a los dos Gobiernos, sera designada en breve plazo, despues del canje Appointment, de las ratificaciones de este Tra- tado; y para proveer las vacantes posibles en ella, son aplicables las mismas reglas de los nombra- mientos originarios. Article III The questions which divide the High Contracting Parties should they be incapable of solution by diplomatic means, shall be sub- mitted immediately to the Inter- national Commission for its inves- tigation and report. The International Commission may, however, by unanimous agreement, spontaneously offer its services to that effect, and in such case it shall notify both Governments, and request their cooperation in the investigation. The High Contracting Parties agree to furnish the International Commission all means and all facilities for the investigation and report. Articulo III Las cuestiones que, dividiendo commission a las Altas Partes Contratantes, resulten insolubles por la via diplomatica, seran sometidas in- mediatamente a la Comision Internacional para su investiga- cion e informe. La Comision Internacional pue- de, sin embargo, por acuerdo unanime, ofrecer espontanea- mente sus servicios con tal objeto, y en ese caso lo notificara a ambos Gobiernos y les pedira su cooperacion para la investigacion. Las Altas Partes Contratantes Facilities - . . , 4 ^ for investi- acuerdan summistrar a la Co- gation, etc mision Internacional todos los me- dios y todas las facilidades para la investigacion y el informe. 74 PERFECTED TREATIES rime for report. Independent action reserved. The report shall be presented in the maximum period of one year, but the High Contracting Parties, by mutual accord, may shorten or extend this period. The report shall appear in three copies. The Commission shall reserve one of the copies for its archives and deliver the other two to the Governments interested. The High Contracting Parties reserve the right to act inde- pendently in the question dealt with in the investigations after the issue of the report. El informe debera presentarse en el plazo maximo de un afio; pero las Altas Partes Contra- tantes, por mutuo acuerdo, pue- den restringirlo o extenderlo. El informe constara en tres ejem- plares. La Comision debe de conservar uno de los ejemplares en su archivo, y entregara los otros dos a los Gobiernos interesados. Las Altas Partes Contratantes se reservan el derecho de obrar independientemente en la cues- tion materia de las investiga- ciones, despues de la expedicion del informe. Article IV Ratification. The ratifications of this Treaty shall be made by the President of the United States of America by and with the advice and consent of the Senate; and by the Presi- dent of Peru if the Legislative Power shall give its approval in conformity with the Constitution and the laws. The exchange of ratifications shall take place as soon as possible, and immediately Duration. afterward this Treaty shall take effect for a period of five years, at the end of which it will remain in effect until twelve months after the day on which one of the Par- ties advises the other of its inten- tion of terminating it. Signatures. In witncss whereof, we the re- spective plenipotentiaries have Articulo IV Las ratificaciones de este Tra- tado se haran por el Presidente del Peru, si el Poder Legislative prestase su voto aprobatorio con arreglo a la Constitucion y a las leyes ; y por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado. El canje de las rati- ficaciones debera realizarse tan pronto como sea posible; e inme- diatamente despues producira este Tratado sus ef ectos por el plazo de cinco afios, vencido el cual plazo continuara en vigor hasta doce meses despues del dia en que una de las Partes avise a la otra su proposito de ponerle termino. En f e de lo cual, los inf rascritos Plenipotenciarios lo han firmado, PORTUGAL 75 signed the present treaty, in duplicate, in the English and Spanish languages and have here- unto affixed our respective seals. Done at Lima the fourteenth day of July, in the year of our Lord one thousand nine hundred and fourteen. Benton McMillin [seal] J. Fernando Gazzani [seal] por duplicado, en castellano e ingles, poniendo sus respectivos sellos. Hecho en Lima, el catorce de Julio del aiio mil novecientos catorce. [seal] J. Fernando Gazzani [seal] Benton McMillin Treaty between the United States and Portugal for the Advance- ment of General Peace^ The President of the United States of America and the Presi- dent of the Portuguese Republic, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have re- solved to enter into a treaty for that purpose, and to that end have appointed as their Plenipo- tentiaries : The President of the United States of America: His Excel- lency Colonel Thomas H. Birch, Envoy Extraordinary and Minis- ter Plenipotentiary of the United States of America near the Por- tuguese Republic; O Presidente da Repiiblica Contracting ^ Powers. Portuguesa e o Presidentg dos Estados Unidos da America, de- sejando consolidar os la^os de amizade que os unem e promover tambem a causa da paz geraJ, resolveram celebrar um Tratado para esse fim e nomearam seus Plenipotenciarios : O Presidente da Republica Pienipoten- Portuguesa: Sua Ex.» o Dr. An- tonio Caetano Madeira Junior, Ministro dos Negocios Estran- geiros ; ^ U. S. Statutes at Large, vol. 38, pt. 2, p. 1847. Signed at Lisbon, February 4, 1914 ; ratification advised by the Senate, August 13, 1914 ; ratified by Portugal, September 26, 1914; ratified by the President, October 21, 1914; ratifications exchanged at Washington, October 24, 1914; proclaimed, October 27, 1914. 76 PERFECTED TREATIES Disputes to be submitted to International Commission for investiga- tion and report. The President of the Portu- guese Republic: His Excellency Dr. Antonio Caetano Madeira Junior, Minister for Foreign Af- fairs ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon and concluded the following ar- ticles : Article I The High Contracting Parties agree that all disputes between them, of every nature whatso- ever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be re- ferred for investigation and re- port to a permanent Interna- tional Commission, to be consti- tuted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. O Presidente dos Estados Uni- dos da America: Sua Ex." o Coronel Thomas H. Birch, En- viado Extraordinario e Ministro Plenipotenciario dos Estados Uni- dos da America, junto da Repii- blica Portuguesa, Os quais, depois de se terem comunicado os seus respectivos plenos poderes, achados em de- vida forma, convieram nos se- guintes artigos e os assinaram. Artigo I As Altas Partes Contratantes concordam em que todos os litigios entre elas, de toda e qualquer natureza, a cuja solugao OS tratados ou acordos de arbi- tragem anteriores nao tenham, pelos seus termos, aplicagao, ou nao sejam de facto aplicados, serao, quando se tenham malo- grado OS meios diplomaticos de OS resolver, submetidos para investigagao e informa^ao, a uma Comissao Internacional, que sera constituida pela forma determi- nada no artigo imediato; e con- cordam em nao declarar guerra, ou romper hostilidades durante essa investiga^ao nem antes de ter sido apresentada a informagao. International Commission, Composition, Article II The International Commission shall be composed of five mem- bers, to be appointed as follows : Artigo II A Comissao Internacional sera composta de cinco membros no- meados como segue: um membro PORTUGAL 77 One member shall be chosen from each country, by the Govern- ment thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being un- derstood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. de cada um dos paises, escolhido pelo respective Governo; um membro escolhido por cada um dos Governos em qualquer ter- ceiro pais ; o quinto membro sera escolhido de comum acordo entre os dois Governos, ficando entendido que nao sera cidadao de nenhum dos paises. As des- pesas da Comissao serao pagas Expenses. pelos dois Governos em igual proporgao. A Comissao Internacional sera Appointment. nomeada dentro de seis meses de- pois da troca das ratificagoes deste Tratado, e as vagas serao preenchi- das de acordo com a forma da nomeagao original. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, spontaneously offer its services to that effect, and in such case it shall notify both Govern- ments and request their coopera- tion in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities re- Artigo III No caso em que as Altas Partes Duties ot Commission. Contratantes nao tiverem conse- guido solucionar um litigio pelos meios diplomaticos, submete-lo hao imediatamente a Comissao Inter- nacional para investigagao e infor- magao. A Comissao Internacional pode, contudo, oferecer esponta- neamente os sens servigos para aquele fim, e, em tal caso, fa-lo ha saber a ambos os Governos e soli- citara a cooperaqao deles na in- vestigagao. As Altas Partes Contratantes Facilities for , Investigation. concordam em fornecer a Comis- sao Internacional Permanente to- dos OS meios e facilidades requeri- 78 PERFECTED TREATIES Time for report. Independent action reserved. quired for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall limit or extend the time by mu- tual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third re- tained by the Commission for its files. The High Contracting Parties reserve the right to act independ- ently on the subject matter of the dispute after the report of the Commission shall have been sub- mitted. das para a sua investigagao e in- formagao. A informaQao da Comissao In- ternacional estara terminada den- tro de um ano depois da data em que declare ter comeqado a sua investigaijao, salvo se as Altas Partes Contratantes, por mutuo acordo, limitarem ou alargarem o prazo. A informagao sera feita em triplicado ; uma copia sera apresentada a cada um dos Gover- nos, e a terceira conservada pela Comissao para os seus arquivos. As Altas Partes Contratantes reservam-se o direito de proceder independentemente no assunto sujeito do litigio depois de Ihes ter sido apresentada a informagao da Comissao. Exchange of ratifications. Article IV The present treaty shall be rati- fied by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the Presi- dent of the Portuguese Republic in accordance with the constitu- tional laws of the Republic; and the ratifications shall be ex- changed as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall there- after remain in force until twelve months after one of the High Artigo IV O presente Tratado sera ratifi- cado pelo Presidente da Repii- blica Portuguesa, em harmonia com as leis constitucionais da Repiiblica, e pelo Presidente dos Estados Unidos da America, por conselho e com o consentimento do Senado da Republica, e as rati- ficagoes serao trocadas no mais breve prazo possivel. Entrara em vigor imediatamente depois da troca das ratificagoes, subsistira pelo espago de cinco anos, e con- tinuara dai por diante em vigor ate doze meses depois de uma das Altas Partes Contratantes ter no- PORTUGAL 79 Contracting Parties have given tificado a outra a intenqao de Ihe notice to the other of an intention fazer cessar os efeitos. to terminate it. In witness whereof the respec- Em fe do que os respectivos signatures, tive Plenipotentiaries have signed Plenipotenciarios assinaram o pre- the present treaty and have af- sente Tratado e Ihe apuseram os fixed thereunto their seals. seus selos. Done in duplicate, in the English Feito em duplicado, nas linguas and Portuguese languages, at Lis- portuguesa e inglesa, em Lisboa bon, this 4th day of February one aos 4 dias de Fevereiro de mil thousand nine hundred and four- novecentos e quatorze. teen. [seal] Thos. H. Birch [seal] Ant° Macieira Jr. [The Secretary of State to the Minister of Portugal] Department of State, Washington, November i6, 1915. Sir: The time specified in the Treaty of February 4, 1914, between the United States and Portugal, looking to the advancement of the general cause of peace, for the appointment of the International Commission having expired, without the United States non-national Commissioner, the Portuguese Commissioners and the Joint Commissioner being named, I have the honor to suggest for the consideration of your Government that the time within which the organization of the Com- mission may be completed be extende'd from April 24, 1915, to April 24, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. Accept, Sir, the renewed assurances of my highest consideration. Robert Lansing Viscount de Alte, The Minister of Portugal. 80 PERFECTED TREATIES [The Portuguese Minister to the Secretary of State] LEGAgAo DE Portugal nos Estados Unidos, Washington, November i6th, 1915. Sir: I have the honour to acknowledge the receipt of your note of today's date suggesting the extension from April 24, 1915, to April 24, 1916, of the time within which the organization of the International Com- mission provided for in the Treaty of February 4, 1914, between Portugal and the United States looking to the advancement of the general cause of peace, may be completed. I have the honour to inform you that the Portuguese Government fully concur with the suggestion made by the American Government and that this exchange of notes will be regarded by them as sufficient to give effect to the extension. I avail myself of this opportunity in order to convey to you, Sir, the renewed assurance of my highest consideration. Alte The Honourable Robert Lansing, Secretary of State, etc., etc., etc. Treaty between the United States and Russia for the Advancement of General Peace^ Treaty for the settlement of dis- Traite pour le reglement des li- putes. tiges. Contracting The President of the United Le President des Etats Unis Powers. States of America and His Maj- d'Amerique et Sa Majeste I'Em- esty the Emperor of ail the Rus- pereur de Toutes les Russies, desi- sias, desiring to strengthen the rant affirmer les relations amicales friendly relations which unite qui unissent leurs deux pays et their countries and to serve the servir la cause de la paix generale, cause of general peace, have de- ont decide de conclure un Traite a 1 U. S. Statutes at Large, vol. 39, pt. 2, p. 1622. Signed at Washington, October l/September 18, 1914; ratification advised by the Senate, October 13, 1914; rati- fied by the President, January 23, 1915; ratified by Russia, December 23, 1914; ratifications exchanged at Washington, March 22, 191 S ; proclaimed, March 25, 1915. RUSSIA 81 cided to conclude a Treaty for these purposes and have conse- quently appointed their Plenipo- tentiaries designated hereinafter, to wit: The President of the United States of America, the Honorable William Jennings Bryan, Secre- tary of State of the United States ; and His Majesty the Emperor of all the Russias, His Excellency G. BakhmetefF, Master of His Court and His Ambassador Extraordi- nary and Plenipotentiary to the United States of America ; Who, after exhibiting to each other their Full Powers found to be in due and proper form, have agreed upon the following articles : Article I Any differences arising between the Government of the United States of America and the Im- perial Government of Russia, of whatever nature they may be, shall, when diplomatic pro- ceedings have failed, be sub- mitted for examination and report to a Permanent International Commission constituted in the manner prescribed in the follow- ing article; likewise the High Contracting Parties agree not to resort, with respect to each other, to any acts of force during the examination to be made by the Commission and before its report is handed in. ces fins et ont nomme en conse- quence les Plenipotentiaires ci- apres designes : Le President des Etats Unis f^^^"^""' d'Amerique, I'Honorable William Jennings Bryan, Secretaire d'Etat des Etats Unis, et Sa Majeste I'Empereur de Toutes les Russies, Son Excel- lence G. Bakhmeteff, Son Maitre de la Cour et Ambassadeur Ex- traordinaire et Plenipotentiaire aux Etats Unis; Lesquels, apres s'etre commu- nique leurs pleins pouvoirs, trouves en bonne et due forme, sont convenus des articles sui- vants : Article I Tous differends, s'elevant entre pifferences to be submitted le Gouvernement des Etats Unis toaPerma- ^ , nent Inter- d'Amerique et le Gouvernement national Com- , , , mission for Imperial de Russie, de quelque examination . and report. nature qu lis soient, lorsque les precedes diplomatiques auront echoue, seront soumis, pour exa- men et rapport, a une Commis- sion Internationale Permanente, constituee de la maniere prescrite dans I'article suivant; les Hautes Parties Contractantes convien- nent egalement de ne se livrer, Tune vis-a-vis de I'autre, a aucun acte de force durant I'examen auquel procedera la Commission et r.vant la remise de son rapport. 82 PERFECTED TREATIES International Commission. Composition. Expenses. Appointment. Vacancies. Article II The International Commission shall be composed of five members appointed as follows: Each Gov- ernment shall designate two mem- bers; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the Commission; he shall per- form the duties of President. The two Governments shall bear by halves the expenses of the Commission. The Commission shall be or- ganized within six months from the exchange of ratifications of the present Convention. The members shall be ap- pointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed. Any vacancies which may arise shall be filled in the manner fol- lowed for the original appoint- ment. Article II La Commission Internationale sera composee de cinq membres nommes comme il suit: chaque Gouvernement designera deux membres; le cinquieme membre sera designe d'un commun ac- cord et ne pourra appartenir a I'une des nationalites deja re- presentees dans la Commission. II remplira les f onctions de Presi- dent. Les deux Gouvernements sup- porteront par moitie les frais de la Commission. La Commission sera constituee dans les six mois de I'exchange de la presente Convention. Les membres sont nommes pour une annee et leur mandat peut etre renouvele. lis restent en f onctions jusqu'a leur rem- placement ou jusqu'au renouvelle- ment de leur mandat, ou encore jusqu'a I'achevement de leurs travaux en cours au moment de I'expiration de leur mandat. II sera pourvu aux vacances qui se produiraient suivant le mode fixe pour la nomination. Duties of Commission. Article III In case a difference should arise between the High Contracting Parties which is not settled by diplomatic methods, each Party shall have a right to ask that the Article III Dans le cas oii il s'eleverait en- tre les Hautes Parties Contrac- tantes un differend qui ne serait pas regie par la voie diplomatique, chaque Partie aura le droit de RUSSIA 83 examination thereof be intrusted to the International Commission charged with making a report. Notice shall be given to the Presi- dent of the International Com- mission, who shall at once com- municate with his colleagues. As regards the procedure which it is to follow, the Commission shall as far as possible be guided by the provisions contained in articles 9 to 36 of Convention I of The Hague of 1907.^ The High Contracting Parties agree to afford the Commission, as fully as they may think possi- ble, all means and all necessary facilities for its examination and its report. The work of the Commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the High Contracting Parties should agree to set a dif- ferent period. The conclusion of the Commis- sion and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties. The High Contracting Parties reserve full liberty as to the action to be taken on the report of the Commission. demander que I'examen en soit confie a la Commission Interna- tionale chargee de faire un rap- port. Notification sera faite au President de la Commission In- ternationale qui se mettra aussitot en relations avec ses coUegues. La Commission s'inspirera dans Procedure. la mesure du possible, quant a la procedure qu'elle aura a suivre, des dispositions contenues dans les articles 9 a 36 de la Conven- tion I de La Haye de 1907. Les Hautes Parties Contrac- ^^rlnveltiga- tantes conviennent de fournir a ''""■ *"^- la Commission, dans la plus large mesure qu'EUes jugeront possible, tous les moyens et toutes les faci- lites necessaires a son examen et a son rapport. Les travaux de la Commission Time for report. devront etre termines dans I'an- nee du jour ou elle aura ete saisie, a moins que les Hautes Parties Contractantes ne tombent d'ac- cord pour la fixation d'un autre delai. Les conclusions de la Commis- sion et les termes de son rapport seront arretes a la majorite. Le rapport signe par le President seul, agissant en vertu de sa qualite, sera transmis par ses soins a chacune des Parties Con- tractantes. Les Hautes Parties Contrac- independent action tantes se reservent une entiere reserved, liberte pour la suite a donner au rapport de la Commission. 1 U. S. Statutes at Large, vol. 36, pp. 2214-20. 84 PERFECTED TREATIES Article IV RatiScation. The prcsciit Treaty shall be ratified by the President of the United States of America, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of all the Russias. It shall go into force imme- diately after the exchange of rati- fications and shall last five years. DaratioB. If it has not been denounced at least six months before the ex- piration of this period it shall be tacitly renewed for a period of twelve months after either party shall have notified the other of its intention to terminate it. sigsatures. ju witness whercof, the respec- tive Plenipotentiaries have signed the present Treaty and have af- fixed thereunto their seals. Done at Washington this 1 October/18 September, 1914. [seal] [seal] Article IV Le present Traite sera ratifie par le President des Etats Unis d'Amerique, sur I'avis et avec le consentement du Senat des Etats Unis, et par Sa Majeste I'Em- pereur de Toutes les Russies. II entrera en vigueur aussitot apres I'echange des ratifications et aura une duree de cinq annees. S'il n'a pas ete denonce au moins six mois avant I'expira- tion de ce delai, il sera renouvele par tacite reconduction pour une duree de douze mois apres. que I'une des Hautes Parties Contrac- tantes aura notifie a I'autre son intention d'y mettre terme. En foi de quoi les Plenipoten- tiaires ont signe le present Traite et y ont appose leurs cachets. Fait a Washington le 1* tobre/18 septembre, 1914. William Jennings Bryan G. Bakhmeteff oc- SPAIN Treaty between the United States and Spain for the Advancement of General Peace^ Treaty for the settlement of dis- putes between the two coun- tries. The President of the United States of America and His Maj- esty the King of Spain, desiring to strengthen the friendly rela- tions which unite their two coun- tries and to serve the cause of general peace, have decided to conclude a treaty for these pur- poses and have consequently appointed the plenipotentiaries designated hereinafter, to-wit: The President of the United States of America, the Honorable William Jennings Bryan, Secre- tary of State of the United States ; and His Majesty the King of Spain, His Excellency Senor Don Juan Riano y Gayangos, His Ambas- sador in Washington; Who, after exhibiting to each other their full powers, found to be in due and proper form, have agreed upon the following articles : Article 1 Any disputes arising between the Government of the United States of America and the Gov- ernment of Spain, of whatever Tratado para el arreglo de con- flictos entre las das Paises. El Presidente de los Estados Unidos de America y Su Majes- tad el Rey de Espafia, deseando afianzar las amistosas relaciones que unen a sus respectivas na- ciones y servir la causa de la paz general, han resuelto celebrar un Tratado inspirado en tales fines y han nombrado, en consecuencia, los plenipotenciarios que a con- tinuacion se designan, a saber: El Presidente de los Estados Unidos de America, al Honorable Senor William Jennings Bryan, Secretario de Estado de los Es- tados Unidos ; y Su Majestad el Rey de Espana, al Excmo. Senor Don Juan Riaiio y Gayangos, Su Embajador en Washington ; Quienes despues de haber pre- sentado sus plenos poderes, de- bidamente extendidos, han ex- presado su conformidad con el articulado siguiente: ARxfcuLO I Todo litigio surgido entre el Gobierno de los Estados Unidos de America y el Gobierno de Espana, sea cual fuere su indole. Contracting Powers. Plenipoten- tiaries. Disputes to be submitted to International Commission for investi- gation and report. 1 U. S. Statutes at Large, vol. 38, pt. 2, p. 1862. Signed at Washington, Sep- tember IS, 1914; ratification advised by the Senate, September 25, 1914; ratified by the President, November 23, 1914; ratified by Spain, November 23, 1914; ratifications exchanged at Washington, December 21, 1914; proclaimed, De- cember 23, 1914. 86 PERFECTED TREATIES Status pending report. nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Con- tracting Parties do not have recourse to arbitration, be sub- mitted for investigation and re- port to a Permanent Interna- tional Commission constituted in the manner prescribed in the following article. The High Contracting Parties agree not to resort, with respect to each other, to any act of force during the investigation to be made by the Commission and before its report is handed in. sera sometido, — de fracasar los procedimientos diplomaticos usua- les y de no recurrir las Altas Partes Contratantes al arbitraje, — al examen e informe de una Comision internacional perma- nente, constituida segiin lo pre- scrito en el articulo siguiente. Las Altas Partes Contratantes se comprometen a no propasarse, la una con respecto a la otra, a ningiin acto de fuerza, durante la investigacion que efectuara la Comision y antes de la entrega de sus conclusiones. International Commission. Composition. Article 2 The International Commission shall be composed of five mem- bers appointed as follows: Each Government shall designate two members, only one of whom shall be of its own nationality; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the Com- mission; he shall perform the duties of President. In case the two Governments should be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and fail- ing an understanding between them, the provisions of article ARTfcULO II La Comision internacional se compondra de cinco vocales nom- brados de la manera siguiente: cada Gobierno designara dos miembros, de los cuales uno solo podra ser de su nacionalidad ; el quinto miembro sera designado de comiin acuerdo y no podra pertenecer a ninguna nacionali- dad ya representada en la Comi- sion; desempenara las funciones de Presidente. En el caso de que los dos Gobiernos no pudiesen ponerse de acuerdo sobre la designacion del quinto comisionado, los cua- tro restantes seran Uamados a designarle y, de no Uegar tam- poco estos a una inteligencia, se SPAIN 87 45 of The Hague Convention of 1907^ shall be applied. The Commission shall be or- ganized within six months from the exchange of ratifications of the present convention. The members shall be ap- pointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed. Any vacancies which may arise (from death, resignation, or cases of physical or moral inca- pacity) shall be filled within the shortest possible period in the manner followed for the original appointment. The High Contracting Parties shall, before designating the Com- missioners, reach an understand- ing in regard to their compensa- tion. They shall bear by halves the expenses incident to the meeting of the Commission. aplicara lo dispuesto en el art. 45 de la Convencion de La Haya de 1907. La Comision quedara con- Organization, stituida dentro de un periodo de seis meses a contar desde el canje de ratificaciones del pre- sente convenio. El mandato de los miembros Term of ^ services. sera de un ano y sera renovable. Continuaran en funciones hasta ser remplazados 6 confirmados en su mandato 6 bien hasta finalizar los trabajos pendientes al mo- mento de expirar su mision. Las vacantes que puedan sur- Vacancies. gir, (por causa de fallecimiento, dimision 6 caso de incapacidad fisica 6 moral), seran provistas en el mas breve plazo posible y en la misma forma que presidio al nombramiento. Las Altas Partes Contratantes Compensation and expenses. se pondran de acuerdo sobre la remuneracion que haya de sena- larse a los comisionados, antes de proceder a la designacion de estos. Los gastos originados por la reunion de la Comision se su- fragaran por mitad. Article 3 In case a dispute should arise between the High Contracting Parties which is not settled by the ordinary methods, each Party ARTfcuLO in Caso de surgir entre las Altas Duties of •^ Commission^ Partes . Contratantes alguna dif e- rencia no solucionada por la via comiin, cada parte podra ^ U. S. Statutes at Large, vol. 36, p. 2223. 88 PERFECTED TREATIES Offer of services. Place of meeting. Statement of subject-matter referred. shall have a right to ask that the investigation thereof be intrusted to the International Commission charged with making a report. Notice shall be given to the President of the International Commission, who shall at once communicate with his colleagues. In the same case the President may, after consulting his col- leagues and upon receiving the consent of a majority of the mem- bers of the Commission, offer the services of the latter to each of the Contracting Parties. Acceptance of that offer declared by one of the two Governments shall be suffi- cient to give jurisdiction of the case to the Commission in accord- ance with the foregoing para- graph. The place of meeting shall be determined by the Commission itself. Article 4 The two High Contracting Par- ties shall have a right, each on its own part, to state to the President of the Commission what is the subject-matter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the ac- tion of the Commission. exigir que el examen de ella se someta a la Comision intema- cional capacitada para emitir in- forme. Se dara cuenta al Presi- dente de la misma, quien segui- damente se pondra en relacion con sus colegas. En analogo caso, el Presidente, previa consulta con sus colegas y mediante el consentimiento de la mayoria de los miembros de la Comision, puede ofrecer los bue- nos oficios de esta a cada una de las Partes Contratantes. Basta que uno de los dos Gobiernos manifieste su aquiescencia para que la Comision considere el asun- to de su competencia, segiin dis- puesto en el parrafo anterior. El lugar de la reunion se deter- minara por la Comision misma. Articulo IV Las dos Altas Partes Contra- tantes tendran el derecho de pre- cisar, cada una de su lado, ante el Presidente de la Comision, lo que constituye el objeto del litigio. Ninguna divergencia que pueda haber entre los dos alegatos, dados a titulo de sugerimiento, podra coartar la accion de la Comision. Procedure. Article 5 As regards the procedure which it is to follow, the Commission ArtIculo V El cuanto se refiere al procedi- miento que haya de adoptar la SPAIN 89 shall as far as possible be guided by the provisions contained in articles 9 to 36 of Convention 1 of The Hague of 1907.^ The High Contracting Parties agree to afford the Commission all means and all necessary facilities for its investigation and report. The work of the Commission shall be completed within one year from the date on which it has taken jurisdiction of the case, un- less the High Contracting Parties should agree to set a different period. The conclusion of the Commis- sion and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties. The High Contracting Parties reserve full liberty as to the action to be taken on the report of the Commission. Comision se inspirara en lo posible en el tenor de los articulos 9 a 36 del Convenio I de El Haya de 1907. Las Altas Partes Contratantes convienen en suministrar a la Comision, todos los medios y fa- cilidades necesarios para la inves- tigacion e informe que la estan encomendados. Los trabajos de la Comision de- beran ultimarse dentro de un aiio a partir del dia en que haya asu- mido su jurisdiccion, a menos que las Altas Partes Contratantes no fijen, de comiin acuerdo, otro plazo. Las conclusiones de la Comi- sion y la redaccion de su informe se adoptaran por mayoria de votos. El informe, firmado tan solo por el Presidente actuando como tal, sera remitido por el a cada una de las Partes Contra- tantes. Las Altas Partes Contratantes se reservan la mas amplia libertad por lo que afecta a su proceder despues de la emision del informe de la Comision. Facilities for investigation. Completion of work. Transmittal of report. Independent action reserved. Article 6 The present treaty shall be rati- fied by the President of the United States of America, with the advice and consent of the Sen- ate of the United States, and by ARTfcULO VI El presente Tratado sera ratifi- cado por El Presidente de los Estados Unidos de America, previa consulta y aprobacion del Senado de los Estados Unidos, y Ratification. 1 U. S. Statutes at Large, vol. 36, pp. 2214-20. 90 PERFECTED TREATIES Exchange of ratifications. Duration and de- nouncement. His Majesty the King of Spain. It shall go into force immedi- ately after the exchange of ratifi- cations and shall last five years. Unless denounced six months at least before the expiration of the said period of five years, it shall remain in force until the expira- tion of a period of twelve months after either party shall have noti- fied the other of its intention to terminate it. por Su Majestad El Rey de Espana. Se considerara vigente una vez verificado el canje de ratifica- ciones y su duracion sera de cinco aiios. De no haber sido denunciado seis meses cuando menos antes de la expiracion de este plazo, que- dara en vigor hasta terminado un plazo de doce meses posteriores a la notificacion hecha por una de las Partes Contratantes a la otra, de considerarlo terminado. Signatures. jjj -yvitness whereof the respec- tive plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done at Washington this 15th day of September, in the year nine- teen hundred and fourteen. [seal] [seal] Y en fe de ello, los respectivos plenipotenciarios han firmado y sellado el presente Tratado. Hecho en Washington el 15 de septiembre de mil novecientos catorce. William Jennings Bryan Juan Riano y Gayangos [The Secretary of State to the Spanish Ambassador] Department of State, November i6, ipi^ Excellency : The time specified in the Treaty of September 15, 1914, between the United States and Spain, looking to the advancement of the general cause of peace, for the appointment of the International Commission having expired, without the United States non-national Commissioner, the Spanish Commissioners and the Joint Commissioner being named, I have the honor to suggest for the consideration of your Government that the time within which the organization of the Commission may be completed be extended from June 21, 1915 to February IS, 1916. Your formal notification in writing, that your Government receives SPAIN 91 the suggestion favorably, will be regarded on this Government's part as sufiScient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. Accept, Excellency, the renewed assurances of my highest considera- tion. Robert Lansing His Excellency Seiior Don Juan Riano y Gayangos, The Ambassador of Spain. [The Spanish Ambassador to the Secretary of State] [Translation] Embassy of Spain, Washington, December 20, 1915. Mr. Secretary: With reference to Your Excellency's note of November 16 last, I have the honor to inform you that His Majesty's Government, according to a telegram I have received, concurs in extending from the 21st of June, 1915, to the 15th of February, 1916, the time set by the Treaty of September 15, 1914, for the appointment of the International Commission therein specified. In so informing Your Excellency, I avail myself of this opportunity to renew to you the assurance of my highest consideration. Juan Riano To the Hon. Robert Lansing Secretary of State of the United States &c., &c., &c. 92 PERFECTED TREATIES Treaty between the United States and Sweden for the Advancement of General Peace* Contracting Powers. Plenipoten- tiaries. Treaty for the Settlement of Dis- putes. The President of the United States of America and His Maj- esty the King of Sweden, desir- ing to strengthen the friendly relations which unite their two countries and to serve the cause of general peace, have decided to conclude a treaty for these pur- poses and have consequently ap- pointed the plenipotentiaries des- ignated hereinafter, to-wit : The President of the United States of America, the Honorable William Jennings Bryan, Secre- tary of State of the United States ; and His Majesty the King of Swe- den, Mr. W. A. F. Ekengren, His Envoy Extraordinary and Minis- ter Plenipotentiary at Washing- ton; Who, after exhibiting to each other their full powers, found to be in due and proper form, have agreed upon the following articles : Traite pour le Reglement des Li- tiges. Le President des Etats-Unis d'Amerique et Sa Majeste le Roi de Suede, desirant affirmer les re- lations amicales qui unissent leurs deux pays et servir la cause de la paix generale, ont decide de con- clure un traite a ces fins et nom- me, en consequence, les plenipo- tentiaires ci-apres designes, sa- voir: Le President des Etats-Unis d'Amerique: I'Honorable William Jennings Bryan, Secretaire d'Etat des Etats-Unis ; et Sa Majeste le Roi de Suede: Monsieur W. A. F. Ekengren, Son Envoye Extraordinaire et Minis- tre Plenipotentiaire a Washing- ton; Lesquels, apres s'etre commu- nique leurs pleins pouvoirs, trouves en bonne et due forme, sont convenus des articles suivants : Disputes to be submitted to International Commission for investiga- tion and report. Article 1 Any disputes arising between the Government of the United Article I Tous differends s'elevant entre le Gouvernement des Etats-Unis 1 U. S. Statutes at Large, vol. 38, pt. 2, p. 1872. Signed at Washington, Oc- tober 13, 1914; ratification advised by the Senate, October 22, 1914; ratified by Sweden, November 13, 1914; ratified by the President, January 4, 1915; ratifi- cations exchanged at Washington, January 11, 1915; proclaimed, January 12, 1915. SWEDEN 93 States of America and the Gov- ernment of His Majesty the King of Sweden, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recourse to arbitra- tion, be submitted for investiga- tion and report to a permanent International Commission consti- tuted in the manner prescribed in the following article. The High Contracting Parties agree not to resort, with respect to each other, to any act of force dur- ing the investigation to be made by the Commission and before its report is handed in. d'Amerique, et le Gouvernement de Sa Majeste le Roi de Suede, de quelque nature qu'ils soient, lorsque les procedes diploma- tiques ordinaires auront echoue et que les Hautes Parties contrac- tantes n'ont pas recours a Farbi- trage, seront soumis, pour examen et rapport, a une Commission In- ternationale permanente, consti- tuee de la maniere prescrite dans I'article suivant. Les Hautes Parties contrac- status pending tantes conviennent de ne se livrer, report. I'une vis-a-vis de I'autre, a aucun acte de force durant I'examen auquel procedera la Commission et avant la remise de son rapport. Articxe 2 The International Commission shall be composed of five mem- bers appointed as follows: Each Government shall designate two members, only one of whom shall be of its own nationality ; the fifth member shall be designated by common consent and shall not be- long to any of the nationalities al- ready represented on the Commis- sion; he shall perform the duties of President. In case the two Governments should be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and fail- ing an understanding between them, the provisions of article 45 Article II La Commission internationale commission*' sera composee de cinq membres Composition. nommes comme il suit: chaque Gouvernement designera deux membres, dont un seulement de sa nationalite: le cinquieme mem- bre sera designe d'un commun accord et ne pourra appartenir a une des nationalites deja repre- sentees dans la Commission: il remplira les fonctions de Presi- dent. Au cas ou les deux Gouver- nements ne pourraient se mettre d'accord sur le choix du cinquieme commissaire, les quatre autres seraient appeles a le designer, et a defaut d'entente entre ceux-ci, les dispositions de I'article 45 de la 94 PERFECTED TREATIES Organization, Term of service. Vacancies. Compensation and expenses. of The Hague Convention of 19071 shall be applied. The Commission shall be organ- ized within six months from the exchange of ratifications of the present convention. The members shall be ap- pointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed. Any vacancies which may arise (from death, resignation, or cases of physical or moral incapacity) shall be filled within the shortest possible period in the manner fol- lowed for the original appoint- ment. The High Contracting Parties shall, before designating the Com- missioners, reach an understand- ing in regard to their compensa- tion. They shall bear by halves the expenses incident to the meeting of the Commission. Convention de La Haye de 1907 seraient appliquees. La Commission sera constituee dans les six mois de I'echange des ratifications de la presente con- vention. Les membres sont nommes pour une annee et leur mandat pent etre renouvele. lis restent en fonctions jusqu'a leur rem- placement ou jusqu'au renouvelle- ment de leur mandat, ou encore jusqu'a I'achevement de leurs tra- vaux en cours au moment de I'ex- piration de leur mandat. II sera pourvu dans le plus bref delai aux vacances qui se pro- duiraient (deces, demission, cas de force majeure) suivant le mode employe pour la nomination. Les Hautes Parties contrac- tantes s'entendront avant qu'il soit precede a la designation des commissaires relativement a la remuneration de ceux-ci. Elles supporteront par moitie les frais auxquels donnerait lieu la re- union de la commission. Duties of' Commission. Article 3 Differences that may happen to occur between the High Con- tracting Parties and should fail of settlement by diplomatic methods shall be forthwith re- ferred to the examination of the Interna.tional Commission which Article III Les differends, qui viendraient a se produire entre les Hautes Parties contractantes et qui n'au- raient pu etre regies par la voie diplomatique, seront aussitot ren- voyes a I'examen de la Commis- sion internationale, qui se char- 1 U. S. Statutes at Large, vol. 36, p. 2223. SWEDEN 95 will undertake to make a report. By a note addressed to the Inter- national Bureau of the Perma- nent Court at The Hague, which shall communicate it without de- lay to both Governments, the President may remind the Parties that the services of the Interna- tional Commission are at their disposal. Article 4 The two High Contracting Par- ties shall have a right, each on its own part, to state to the Presi- dent of the Commission what is the subject-matter of the con- troversy. No difference in these statements, which shall be fur- nished by way of suggestion, shall arrest the action of the Commission. In case the cause of the dispute should consist of certain acts already committed or about to be committed, the Commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provi- sionally and pending the delivery of its report. Article 5 As regards the procedure which it is to follow, the Commission shall as far as possible be guided by the provisions contained in articles 9 to 36 of Convention 1 of The Hague of 1907.^ Statement of subject-matter referred. gera de faire un rapport. Par une note, adressee au Bureau International de la Cour Perma- nente a La Haye, qui doit la communiquer sans delai aux deux Gouvernements le President pent rappeler aux parties que les ser- vices de la Commission Interna- tionale seront a leur disposition. Article IV Les deux Hautes Parties con- tractantes auront le droit de preciser, chacune de son cote, aupres du President de la Com- mission, quel est I'objet du litige. Nulle difference dans ces exposes, fournis a titre d'indica- tion, n'arretera Taction de la Commission. Dans le cas ou la cause du differend consisterait en actes determines deja effectues ou sur le point de I'etre, la Commission indiquera, dans le plus bref delai possible, quelles mesures, con- servatoires des droits de chacun, devraient, selon son avis, etre prises a titre provisoire et en attendant le depot de son rapport. Article V La Commission s'inspirera, Procedure, dans la mesure du possible, quant a la procedure qu'elle aura a suivre, des dispositions contenues dans les articles 9 a 36 de la Con- vention 1 de La Haye de 1907. Provisional action. 1 U. S. Statutes at Large, vol. 36, pp. 2214-20. 96 PERFECTED TREATIES Facilities for investigation. Completion of work. Transmittal of report. Independent action reserved. The High Contracting Parties agree to afford the Commission all means and all necessary facilities for its investigation and report. The work of the Commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the High Contracting Par- ties should agree to set a different period. The conclusion of the Commis- sion and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties. The High Contracting Parties reserve full liberty as to the action to be taken on the report of the Commission. Les Hautes Parties contrac- tantes conviennent de fournir a la Commission tous les moyens et toutes les facilites necessaires a son examen et a son rapport. Les travaux de la Commission devront etre termines dans I'an- nee du jour ou elle aura ete saisie, a moins que les Hautes Parties contractantes ne tombent d'ac- cord pour la fixation d'un autre delai. Les conclusions de la Commis- sion et les termes de son rapport seront arretes a la majorite. Le rapport, signe par le President seul, agissant en vertu de sa qualite, sera transmis par ses soins a chacune des Parties con- tractantes. Les Hautes Parties contrac- tantes se reservent une entiere liberte pour la suite a donner au rapport de la Commission. Ratification. Exchange of ratifications. Duration. Article 6 The present treaty shall be ratified by the President of the United States of America, upon his being authorized thereto by the American Senate, and by His Majesty the King of Sweden. The ratifications shall be ex- changed at Washington as soon as possible and the treaty shall go into force on the day of the exchange of ratifications. Its duration shall be five years counted from the exchange of ratifications. Article VI Le present traite sera ratifiee par le President des Etats-Unis, apres y avoir ete autorise par le Senat americain, et par Sa Ma- jeste le Roi de Suede. Les rati- fications seront echangees a Washington aussitot que faire se pourra et la traite entrera en vigueur le jour de I'echange des ratifications. II aura une duree de cinq annees a partir de I'echange des ratifications. SWEDEN 97 Unless denounced six months S'il n'a pas ete denonce au SeSt"'"^' at least before the expiration of moins six mois avant I'expiration the said period it shall continue de ce delai, il sera renouvele par by tacit renewal for another tacite reconduction pour une nou- period of five years and so on in velle periode de cinq ans et ainsi periods of five years unless de suite de cinq ans en cinq ans, denounced. sauf denonciation. In witness whereof the respec- En foi de quoi les plenipo- Signatures, tive plenipotentiaries have signed tentiaires respectifs ont signe le the present treaty and have present traite et y ont appose affixed thereunto their seals. leurs cachets. Done at Washington this 13th Fait a Washington le 13 Octo- day of October, in the year nine- bre de I'an mille neuf cent teen hundred and fourteen. quatorze. [seal] William Jennings Bryan [seal] W. a. F. Ekengren [The Secretary of State to the Swedish Minister] Department of State, Washington, November i6, 1915. Sir: The time specified in the Treaty of October 13, 1914, between the United States and Sweden, looking to the advancement of the general cause of peace, for the appointment of the International Commission having expired, without the United States non-national Commissioner being named, I have the honor to suggest for the consideration of your Government that the time within which the organization of the Commission may be completed be extended from July 11, 1915, to January 15, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. Accept, Sir, the renewed assurances of my highest consideration. Robert Lansing Mr. W. A. F. Ekengren, The Minister of Sweden. 98 PERFECTED TREATIES [The Swedish Minister to the Secretary of Stated Legation of Sweden^ Washington, D. C, November i6, 1915. Sir: I have the honor to inform your Excellency that my Government accepts the suggestion contained in your Excellency's note of today's date that the time specified in the Treaty of the 13th October, 1914, between the United States and Sweden, for the appointment of the International Commission therein provided, be extended from July 11, 1915, to January IS, 1916. With renewed assurances of my highest consideration I have the honor to remain your Excellency's most obedient servant. W. A. F. Ekengren His Excellency Mr. Robert Lansing, Secretary of State, etc., etc., etc. Treaty between the United States and Uruguay for the Advance- ment of General Peace^ Contracting Powers. Plenipoten- tiaries. The United States of America and the Oriental Republic of Uruguay, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their plenipotentiaries : The President of the United States, the Honorable William Los Estados Unidos de Amer- ica y la Repiiblica Oriental del Uruguay con el deseo de forta- lecer los vinculos de amistad que los unen y a la vez cimentar el espiritu de paz universal han resuelto celebrar un Tratado con tal objeto y para ese fin han nom- brado como sus Plenipoten- ciarios : El Presidente de los Estados Unidos, al Honorable William 1 U. S. Statutes at Large, vol. 38, pt. 2, p. 1908. Signed at Washington, July 20, 1914 ; ratification advised by the Senate, August 13, 1914 ; ratified by Uruguay, November 25, 1914; ratified by the President, February 19, 1915; ratifications exchanged at Washington, February 24, 1915; proclaimed, February 26, 1915. URUGUAY 99 Jennings Bryan, Secretary of State; and The President of Uruguay, his Envoy Extraordinary and Minis- ter Plenipotentiary to the United States, Senor Dr. Don Carlos Maria de Pena ; Who, after having communi- cated to each other their re- spective full powers, found to be in proper form, have agreed upon and concluded the following articles : Jennings Bryan, Secretario de Estado, y El Presidente del Uruguay, a su Enviado Extraordinario y Ministro Plenipotenciario en los Estados Unidos, Doctor Don Carlos Maria de Pena; Quienes, despues de exami- nados sus respectivos Plenos Poderes, y encontrandolos en debida forma, han convenido en los articulos siguientes : Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for in- vestigation and report to a perma- nent International Commission, to be constituted in the manner pre- scribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. Articulo I Las Altas Partes contratantes Disputes to be submitted to acuerdan que todas las desave- international ■*■ Commission. nencias de cualquiera naturaleza que ellas sean y que en el hecho 6 por los terminos de tratados de arbitraje existentes no esten comprendidas en sus estipu- laciones, y que no hayan podido arreglarse por la via diplomatica seran sometidas para su investi- gacion e informe a una Comision Internacional constituida de la manera prescrita en el siguiente articulo ; y convienen en no de- clararse la guerra o empezar hos- tilidades durante el periodo de la investigacion y antes de pre- sentado el informe. Article II Articulo II The International Commission shall be composed of five mem- compondra de cinco miembros Composition. bers, to be appointed as follows : nombrados como sigue : un miem La Comision Internacional se international Commission. 100 PERFECTED TREATIES Compensation. Expenses. Appointment. One member shall be chosen from each country, by the Government thereof ; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments, it being understood that he shall not be a citizen of either country. Each of the High Contracting Parties shall have the right to remove, at any time be- fore investigation begins, any Commissioner selected by it and to name his successor, and under the same conditions shall also have the right to withdraw its approval of the fifth Commissioner selected jointly ; in which case a new Com- missioner shall be selected jointly as in the original selection. The Commissioners shall, when actu- ally employed in the investiga- tion of a dispute, receive such compensation as shall be agreed upon by the High Contracting Parties. The expenses of the Commission shall be paid by the two Governments in equal pro- portion. The International Commission shall be appointed as soon as pos- sible after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. bro sera escogido dentro del pais, por su respectivo Gobierno; otro miembro sera escogido por cada Gobierno, de un tercer pais; el quinto miembro sera escogido de comiin acuerdo por los dos Gobiernos ; siendo entendido que no podra serlo ningiin ciu- dadano de uno de los dos paises interesados. Cada una de las Altas Partes contratantes se re- serva el derecho de separar, antes que hayan comenzado las investi- gaciones, al comisionado que cada una hubiese elegido, y en tal caso se procedera a nombrar su reem- plazante. Bajo la misma condi- cion podra cualquiera de las Partes contratantes retirar su aceptacion del quinto comisionado elegido conjuntamente, y en este caso se procedera a una nueva eleccion en la forma ya estable- cida. Los comisionados recibi- ran la compensacion que acuer- den las Altas Partes contratantes tan solo durante el tiempo que se ocupen de la investigacion. Los gastos de la Comision seran aten- didos por mitad por los Gobiernos contratantes. La Comision Internacional sera nombrada en el mas corto plazo despues del canje de las ratifi- caciones del Tratado; y las va- cantes que ocurriesen seran Jlena- das segun lo acordado para el nombramiento original. URUGUAY yi Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, by unanimous agree- ment spontaneously offer its serv- ices to that effect, and in such case it shall notify both Govern- ments and request their coopera- tion in the investigation. The High Contracting Parties agree to furnish the permanent International Commission with all the means and facilities re- quired for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall limit or extend the time by mu- tual agreement. The report shall be prepared in triplicate ; one copy shall be presented to each Govern- ment, and the third retained by the Commission for its files. The High Contracting Parties reserve the right to act independ- ently on the subject matter of the dispute after the report of the Articulo III En el caso de que no haya sido posible el arreglo de una cuestion entre las Altas Partes contra- tantes por los medios diplomati- cos, esta sera referida inmediata- mente a la Comision Interna- cional para su investigacion e in- forme. La Comision Interna- cional podra tambien por con- sentimiento unanime y por inicia- tiva propia ofrecer sus servicios para aquel efecto, y en tal caso debera hacerlo saber a ambos Gobiernos y pedir su cooperacion para la investigacion. Las Altas Partes contratantes convienen en suministrar a la Comision Permanente Interna- cional todos los medios y facili- dades que demande para la in- vestigacion e informe. El informe de la Comision In- ternacional debera estar listo den- tro de un ano contado desde la fecha que ella haya designado para empezar la investigacion, a menos que las Altas Partes con- tratantes restringieran o exten- dieran el tiempo por mutuo con- sentimiento. El informe debe ser preparado por triplicado; una copia para ser entregada a cada Gobierno, y la tercera retenida por la Comision para su archivo. Las Altas Partes contratantes se reservan el derecho de obrar in- dependientemente en el asunto en disputa despues que se les haya Duties of Commission, Facilities for investi- gation, etc. Time for ' report. Independent action reserved. 102 PERFECTED TREATIES Commission shall have been sub- sometido el informe de la Co- mitted. mision. Ratification. Duration. Signatures. Article IV The present treaty shall be rati- fied by the President of the United States of America, by and with the advice and consent of the Sen- ate thereof ; and by the President of Uruguay, in accordance with the Constitution and laws thereof ; and the ratifications shall be ex- changed as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall there- after remain in force until twelve months after one of the High Con- tracting Parties have given notice to the other of an intention to terminate it. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have af- fixed thereunto their seals. Done in Washington on the 20th day of July, in the year nine- teen hundred and fourteen. Articulo IV El presente Tratado sera rati- ficado por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado respectivo, y por el Presidente de la Repiiblica del Uruguay conforme a la constitu- cion y leyes de la Republica; y las ratificaciones deberan ser can- jeadas tan pronto como fuere posible. El presente tratado pro- ducira sus efectos inmediata- mente despues del canje de las ratificaciones ; continuara en vigor por cinco afios, y sera obligatorio despues por doce meses contados desde que una de las Altas Partes contratantes haya comunicado a la otra su intencion de terminarlo. En fe de lo cual, los respectivos Plenipotenciarios han firmado el presente Tratado, y han puesto al pie sus sellos. Hecho en Washington, el dia 20 de Julio, en el afio de mil nove- cientos catorce. William Jennings Bryan [seal] Carl= M=- de Pena [seal] Part II Unperfected Treaties ARGENTINE REPUBLIC 105 Treaty between the United States and the Argentine Republic for the Advancement of General Peace^ The Governments of the United States of America and of the Ar- gentine Republic, being desirous of once more contributing to the consolidation of their traditional policy of peace and amity and also to advance the diffusion of the spirit of universal peace, have re- solved to enter into a special treaty and to that end have ap- pointed as their plenipotentiaries: The President of the United States of America: The Honor- able William Jennings Bryan, Secretary of State; and The President of the Argentine Republic: Doctor Romulo S. Naon, Envoy Extraordinary and Minister Plenipotentiary of the Argentine Republic to the United States of America ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles: Los GobiernOS de los Estados Contracting Powers. Unidos de America y de la Repii- blica Argentina, en el anhelo de contribuir una vez mas a la con- solidacion de su politica tradicio- nal de paz y de amistad y con el proposito de fomentar la difusion del espiritu de paz universal, han convenido en concluir un Tratado Especial nombrando a este fin como sus Plenipotenciarios : El Presidente de los Estados Pienipoten- Unidos de America al Honorable William Jennings Bryan, Secreta- rio de Estado; y El Presidente de la Repiiblica Argentina al Doctor Romulo S. Naon, Enviado Extraordinario y Ministro Plenipotenciario de la Repiiblica Argentina en los Esta- dos Unidos de America ; Los cuales, despues de haberse comunicado los Plenos Poderes de que se hallan investidos, hallados en buena y debida forma, han convenido en las disposiciones si- guientes : Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which it has not been possible to adjust through diplomatic meth- Articulo I Las Altas Partes Contratantes Disputes to be If / , - - submitted to se obhgan a someter todas las international . > J 1 . Commission controversias de cualquier natu- forinvestiga- raleza que por cualquier causa re°p"ort" surgieran entre ellas, a la investi- 1 MS. Department of State. Signed at Washington, July 24, 1914 ; ratification advised by the Senate, August 13, 1914. 106 UNPERFECTED TREATIES International Commission.. Composition. ods, be referred for investigation and report to an International Commission to be constituted in the manner prescribed in the fol- lowing article. And they further agree not to declare war or begin hostilities against each other dur- ing such investigation and before the report is submitted. Article II The International Commission mentioned in the preceding article shall be composed of five mem- bers, to be appointed as follows: Each Government shall appoint two members, one of whom shall be a citizen of the country whose government appoints him, and the other a citizen of some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either of the two contracting countries. In case of disagreement regarding the ap- pointment of the fifth member, the two Governments shall re- quest the President of the Swiss Confederation to choose such member. Said fifth member shall be of right the President of the International Commission. Each Government shall have the right to revoke the appoint- ment of either or both of the gacion y al informe de una Comi- sion Internacional constituida en la forma establecida por el arti- culo siguiente, siempre que esas controversias no hayan podido ser solucionadas por la via diploma- tica. Se obligan asimismo a no declararse la guerra 6 iniciar hos- tilidades entre ellas mientras se produzca la investigacion y antes que el informe haya sido some- tido. Articulo II La Comision Internacional a que se refiere el articulo anterior sera compuesta de cinco miem- bros designados en la siguiente forma: Cada Gobierno nombrara dos miembros, debiendo uno de ellos ser ciudadano del pais cuyo Gobierno lo nombra y el otro ciu- dadano de un tercer pais. El quinto debera ser designado de comun acuerdo por ambos Go- biernos, no pudiendo recaer la designacion en un ciudadano de ninguno de los dos paises contra- tantes. En el caso de desacuerdo sobre la eleccion del quinto, los dos Gobiernos pediran al Presi- dente de la Confederacion Suiza que haga la designacion de el. Este quinto miembro sera de de- recho Presidente de la Comision Internacional. Cada Gobierno podra revocar el nombramiento de cualquiera de los miembros designados por el. ARGENTINE REPUBLIC 107 members chosen by it, at any time before the investigation is begun, but must appoint his or their suc- cessors at the time his or their ap- pointments are revoked. If the fifth member be chosen by com- mon agreement between the High Contracting Parties, they may also at any time before the inves- tigation is begun, withdraw their approval, but shall in such case come to an agreement within the next thirty days as to the appoint- ment of a successor or request the President of the Swiss Confed- eration to make such appoint- ment. Vacancies due to other causes than those enumerated in this article shall be filled in the manner established for the orig- inal appointment, and the new ap- pointments shall not be delayed more than fifteen days from the date on which notice of the va- cancy was received. The Inter- national Commission shall organ- ize within six months after the exchange of the ratifications of this treaty, and shall report its or- ganization to both Governments on the same date. It shall pre- scribe the rules of practice to be observed in the discharge of its mission, and shall also designate the place where the investigations are to be conducted. The ex- penses of the Commission and the compensation of its members shall be paid by the two contract- en cualquier momento antes de iniciada la investigacion, debiendo sin embargo designar el 6 los reemplazantes en el mismo acto en que produzca la revocacion. Si el quinto miembro hubiera sido designado de comiin acuerdo por las Altas Partes Contratantes, estas podran tambien en cualquier momento antes de iniciada la in- vestigacion, retirar ese acuerdo, debiendo sin embargo dentro de los treinta dias siguientes ponerse de acuerdo en la designacion del reemplazante 6 pedir al Presidente de la Confederacion Suiza que haga esa designacion. Las vacan- Vacancies, tes que se produjeran por otras causas que las enumeradas en este articulo seran llenadas en la forma establecida para la designa- cion original, no debiendo las nue- vas designaciones retardarse mas de quince dias a contar desde aquel en que se haya tenido noti- Organization, cia de la vacante. La Comision Internacional se constituira den- tro de los seis meses siguientes al cange de las ratificaciones del pre- sente Tratado, debiendo dar cuen- ta de su constitucion a ambos Go- biernos en la misma fecha. Ella establecera las reglas de procedi- miento a que debera ajustarse en el desempeno de su mision y designara asimismo el lugar en Expenses. que se practicaran las investigacio- nes. Los gastos de la Comision y los honorarios de sus miembros 108 UN PERFECTED TREATIES ing Governments in equal propor- tion. seran suf ragados por partes igua- les por los dos Gobiernos contra- tantes. Duties o£ Commission. Facilities for investigation. Time for report. Independent action reserved. Article III In case the High Contracting Parties shall have failed to adjust their disputes by diplomatic meth- ods, they shall at once be referred to the International Commission for investigation and report, and either of the two interested gov- ernments may make the respective reference. The High Contracting Parties agree to furnish the In- ternational Commission with all the facilities which it requires for the proper discharge of its trust, and it shall complete its investi- gation and submit its report with- in a period of one year from the date on which it shall declare its investigation to have begun. If for reasons of force majeure it shall not have found it possible to complete its investigation or sub- mit its report within the said pe- riod, it may be extended for six months more, if the High Con- tracting Parties agree in this re- spect. Upon the submission of its report by the International Com- mission, or if for any reason whatsoever no report is submitted within the term fixed in this arti- cle, the High Contractmg Parties reserve the right to act in the subject matter of the investiga- Articulo III Cuando las Altas Partes Con- tratantes no hayan podido solucio- nar sus diferencias por la via di- plomatica, ellas seran inmediata- mente ref eridas para su investiga- cion e informe a la Comision Internacional, pudiendo cualquiera de los dos Gobiernos interesados hacer la convocatoria respectiva. Las Altas Partes Contratantes se obligan a suministrar a la Comi- sion Internacional todas las fa- cilidades que reclame el mejor de- sempeiio de su cometido, y ella debera terminar su investigacion y presentar su Informe dentro del termino de un afio a contar desde la fecha en que hubiese declarado que habia empezado la investiga- cion. Si por razones de fuerza mayor no hubiera podido comple- tarse la investigacion 6 redactarse el Informe dentro de ese termino, podra el ser ampliado por seis meses mas, siempre que estuvie- ran de acuerdo a este respecto las Altas Partes Contratantes. Some- tido el Informe por la Comision Internacional a los respectivos Gobiernos, 6 no producido el por cualquier motivo dentro de los terminos fijados en el presente articulo, las Altas Partes Contra- ARGENTINE REPUBLIC 109 tion and report as their respf ;tive interests may demand. tantes se reservan el derecho de proceder en el asunto materia de investigacion e informe como lo reclamen sus respectivos intereses. Article IV The present treaty shall be rati- fied by the respective Govern- ments in accordance with the pro- visions of their respective consti- tutions, and the ratifications shall be exchanged as soon as possible. This treaty shall continue in force for five years from the date of the exchange of ratifications and if notice of an intention to terminate it is not given by one of the Contracting Parties to the other one year before the termina- tion of this period, it shall be con- sidered as renewed for another year, and so on successively. A strict and faithful observance of the preceding article is entrusted to the honor of the signatory nations. Articulo IV EI presente Tratado sera ratifi- Exchange of ^ ratincations. cado por los respectivos Gobier- nos de acuerdo con lo establecido por sus respectivas Constitucio- nes, debiendo hacerse el cange de dichas ratificaciones tan pronto como fuere posible. Este Tratado estara en vigencia Duration, durante cinco aiios a contar desde el cange de las ratificaciones y si no es denunciado un ano antes de su vencimiento se considerara re- novado por otro ano, y asi sucesi- vamente. El estricto y leal cum- plimiento de las clausulas prece- dentes queda confiado al honor de las naciones signatarias. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have af- fixed thereunto their seals. Done in Washington on the 24th day of July, in the year of our Lord nineteen hundred and fourteen. [seal] William Jennings Bryan [seal] R. S. Naon En fe de lo cual, los respectivos signatures. Plenipotenciarios ban firmado el presente Tratado, y ban puesto al pie sus sellos. Hecho en Washington, el dia 24 de Julio, en el afio de Nuestro Sefior mil novecientos catorce. no UNPERFECTED TREATIES Treaty between the United States and the Dominican Republic for the Advancement of General Peace^ Contracting Powers. Plenipoten- tiaries. The United States of America and the Dominican Republic, be- ing desirous to strengthen the bonds of amity that bind them to- gether and also to advance the cause of general peace, have re- solved to enter into a treaty for that purpose, and to that end have appointed as their plenipo- tentiaries : The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and The President of the Domini- can Republic, Seiior Don Fran- cisco J. Peynado, Envoy Extraor- dinary and Minister Plenipoten- tiary of the Dominican Republic to the United States ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles: Los Estados Unidos de Ame- rica y la Repiiblica Dominicana, en el deseo de fortalecer los vin- culos de amistad que los unen y tambien avanzar la causa de la Paz general, han resuelto celebrar un Tratado con tal objeto, y con este fin han nombrado como sus Plenipotenciarios : El Presidente de los Estados Unidos, al Honorable William Jennings Bryan, Secretario de Estado ; y El Presidente de la Repiiblica Dominicana, al Seiior Don Fran- cisco J. Peynado, Plenipotencia- rio en Mision Especial en los Es- tados Unidos; Quienes despues de haberse co- municado sus respectivos Plenos Poderes, que encontraron en de- bida forma, han convenido en los siguientes articulos : Differences of a legal nature to be referred to Permanent Court of Arbitration. Article I Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not ARTfcULO I Todas las diferencias que pue- dan surgir de naturaleza legal o relativa a la interpretacion de tratados que existan entre las dos Altas Partes contratantes y que IMS. Department of State. Signed at Washington, February 17, 1914. DOMINICAN REPUBLIC 111 have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague, pro- vided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. no hayan podido ser arregladas por la diplomacia, seran referidas a la Corte Permanente de Arbi- traje establecida en La Haya, a menos, sin embargo, que ellas afecten los intereses vitales, la in- dependencia o el honor de cual- quiera de los Estados contratan- tes, o conciema a los intereses de terceras partes. Article II In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tri- bunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate, and on the part of the Dominican Republic by its President, with the approval of its Congress. Those special agreements will be obligatory only when confirmed by the two Governments through an exchange of notes. Articulo II En cada caso, las Altas Partes fPf=^^^„i. contratantes, antes de recurrir a la Corte Permanente de Arbitraje, concluiran un convenio especial que defina claramente la materia en disputa, la extension de los poderes de los Arbitros, y los pe- riodos de tiempo que hayan de fijarse para la formacion del Tri- bunal Arbitral y para las diversas faces del procedimiento. Queda entendido que tales con- venios especiales seran hechos, en nombre de los Estados Unidos, por su Presidente, de acuerdo y con el consentimiento de su Se- nado; y en nombre de la Repii- blica Dominicana, por su Presi- dente, con la aprobacion de su Congreso. Esos convenios solo seran obli- gatorios cuando esten confirmados por los dos Gobiernos con un cam- bio de Notas. 112 UNPEEFECTED TREATIES Disputes to be submitted to International Goramisston for investi- gation and report. Article III The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall have failed to settle or refer to the Perma- nent Court at The Hague, shall be referred for investigation and report to a permanent Interna- tional Commission, which shall be constituted in the manner pre- scribed in the next succeeding article; and they agree not to de- clare war or begin hostilities dur- ing such investigation or before the report is submitted. Articulo III Las Altas Partes contratantes convienen en que todas las desa- venencias, de cualquier naturaleza que fueren, que la diplomacia no hubiere podido arreglar ni some- ter al arbitraje de la Corte Per- manente de La Haya, deberan ser sometidas para su investigacion e informe a una Comision Interna- cional, la cual debera constituirse de la manera prescrita en el proximo siguiente articulo ; y con- vienen en no declararse guerra ni empezar hostilidades durante tal investigacion ni antes que el informe haya sido sometido. International Commission. Composition. Article IV The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof ; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments, it being understood that he shall not be a citizen of either country. Each of the High Contracting Parties shall have the right to remove, at any time be- fore the investigation begins, any one of its Commissioners, and in that case shall immediately name his successor, and under the same ArtIculo IV La Comision Internacional de- bera componerse de cinco miem- bros, que seran nombrados como sigue: un miembro debera ser es- cojido de cada pais, por su res- pectivo Gobierno ; un miembro de- bera ser escojido por cada Go- bierno, de un tercer pais ; el quin- to miembro debera ser escojido de comun acuerdo entre los dos Gobiernos, entendiendose que este no debera ser ciudadano de ninguno de los dos paises intere- sados. Cada una de las Altas Partes contratantes se reserva el derecho de remover, antes que haya comenzado la investigacion, a cualquiera de sus comisionados, y en tal caso procedera a reempla- DOMINICAN REPUBLIC 113 conditions shall also have the right to withdraw its approval of the fifth Commissioner selected jointly; in which case a new Com- missioner shall be selected jointly as in the original selection. The Commissioners shall, when actu- ally employed in the investigation of a dispute, receive such com- pensation as shall be agreed upon by the High Contracting Parties. The expenses of the Commission shall be paid by the two Govern- ments in equal proportion. The International Commission shall be appointed as soon as pos- sible after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original ap- pointment. zarlo inmediatamente. Bajo las mismas condiciones podra cual- quiera de las Partes contratantes retirar su aprobacion del quinto comisionado elejido conjuntamen- te, y en este caso se escojera con- juntamente un nuevo comisiona- Compensation, do, en la forma original. Los comisionados recibiran la retribu- cion que acuerden las Altas Partes contratantes, pero solamente du- rante el tiempo que empleen en Expenses, la investigacion. Los gastos de la Comision deberan ser pagados por los dos Gobiernos en partes iguales. La Comision Internacional de- Appointment, bera ser nombrada dentro de cuatro meses despues del canje de las ratificaciones del Tratado; y las vacantes deberan ser llenadas de acuerdo con la manera del nombramiento original. Article V In case the High Contract- ing Parties shall have failed to ad- just, or refer to arbitration, a dis- pute by diplomatic methods, they shall at once refer it to the Inter- national Commission. The Inter- national Commission may, how- ever, act on its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. Articulo V En el caso de que las Altas Duties ef ^ Commission. Partes contratantes no hubieren podido arreglar una desavenencia por los medios diplomaticos, ni someterla a arbitraje, deberan in- mediatamente referirla a la Co- mision Internacional. La Comi- sion Internacional puede, sin em- bargo, actuar por su propia inicia- tiva, y en tal caso debera notifi- carlo a ambos Gobiernos y pedir- les su cooperacion en la investi- The High Contracting Parties Las Altas Partes contratantes 114 UNPERFECTED TREATIES Facilities for investigation. Time for report. Independent action reserved. agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be rendered within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate in the lan- guage of either of the two High Contracting Parties that the Com- mission may select, one copy shall be presented to each Government, and the third retained by the Commission for its files. The High Contracting Parties reserve the right to act indepen- dently on the subject matter of the dispute after the report of the Commission shall have been sub- mitted. convienen en suministrar a la Co- mision Internacional todos los medios y facilidades necesarias para su investigacion e informe. El informe de la Comision In- ternacional debera ser rendido dentro de un ano despues de la fecha en la cual haya declarado haber empezado su investigacion, a menos que las Altas Partes con- tratantes limitaren o extendieren el tiempo por mutuo consenti- miento. El informe debera ser preparado por triplicado, en cual- quiera de los dos idiomas de las Altas Partes contratantes que es- coja la Comision; una copia de- bera ser entregada a cada Gobier- no, y la tercera retenida por la Comision para su archivo. Las Altas Partes contratantes se reservan el derecho de obrar independientemente en el asunto en disputa, despues que el informe de la Comision se les haya some- tido. Exchange of ratifications. Article VI The present treaty shall be rati- fied by the President of the United States of America, by and with the advice and consent of the ISenate thereof ; and by the Presi- dent of the Dominican Republic, with the approval of the Congress thereof ; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifica- Articulo VI El presente Tratado sera rati- ficado por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado Americano; y por el Presidente de la Repiiblica Do- minicana con la aprobacion del Congreso de esta Republica ; y las ratificaciones deberan ser canjea- das tan pronto como fuere posi- ble. Debera entrar en vigor in- GREECE 115 tions, and shall continue in force mediatamente despues del canje Duration. for a period of five years ; and it de ratificaciones ; continuar en shall thereafter remain in force fuerza por un periodo de cinco until twelve months after one of anos, y, ademas, permanecer vi- the High Contracting Parties jente hasta doce meses despues have given notice to the other of que una de las Altas Partes con- an intention to terminate it. tratantes haya notificado a la otra la intencion de terminarlo. In witness whereof, the respec- En fe de lo cual, los respecti- Signatures. tive plenipotentiaries have signed vos Plenipotenciarios han firmado the present treaty and have affixed por duplicado el presente Tratado thereunto their seals. y puesto al pie sus sellos. Done in Washington on the Hecho en Washington el dia 17 17th day of February, in the year de Febrero, en el ano de Nuestro of our Lord nineteen hundred Seiior de mil novecientos catorce. and fourteen. [seal] William Jennings Bryan, [seal] Fran°° J. Peynado. Treaty between the United States and Greece for the Advance- ment of General Peace^ The President of the United States of America and His Majesty the Contracting Powers King of the Hellenes, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their plenipotentiaries : The President of the United States, the Honorable William Jennings Piempoten- Bryan, Secretary of State; and His Majesty the King of the Hellenes, Mr. Agamemnon Schliemann, his Envoy Extraordinary and Minister Plenipotentiary to the United States ; Who, after having communicated to each other their respective full powers, found to be in proper form, having agreed upon and concluded the following articles : IMS. Department of State. Signed at Washington, October 13, 1914; ratifica- tion advised by the Senate, October 20, 1914. 116 UNPERFECTED TREATIES Disputes to be submitted to International Commission for investi- gation and report. Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbi- tration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent Inter- national Commission, to be constituted in the manner prescribed in the next succeeding article ; and they agree not to declare war or begin hos- tilities during such- investigation and before the report is submitted. International Commission. Composition. Expenses. Appointment and vacancies. Article II The International Commission shall be composed of five members, to be appointed as follows : One member shall be chosen from each coun- try, by the Government thereof; one member shall be chosen by each Government from some third country ; the fifth member shall be chosen by common agreement between the two Governments, it being under- stood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal pro- portion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. DMtiesof Commission. Facilities for investigation. Time for report. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the Inter- national Commission for investigation and report. The International Commission may, however, spontaneously offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investigation. The High Contracting Parties agree to furnish the Permanent In- ternational Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in tripli- cate; one copy shall be presented to each Government, and the third retained by the Commission for its files. NETHERLANDS 117 The High Contracting Parties reserve the right to act independently independent on the subject matter of the dispute after the report of the Commission reserved, shall have been submitted. Article IV The present treaty shall be ratified by the President of the United „ , c r K ■ o Exchange of States of America, by and with the advice and consent of the Senate ratifications, thereof ; and by His Majesty the King of the Hellenes ; and the ratifi- cations shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years ; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the Signatures, present treaty and have affixed thereunto their seals. Done in Washington on the thirteenth day of October, in the year nineteen hundred and fourteen. William Jennings Bryan, [seal] Agamemnon Schliemann. [seal] Treaty between the United States and the Netherlands for the Advancement of General Peace^ The President of the United De President der Vereenigde p^^g""^''"^ States of America and Her Maj- Staten van Amerika en Hare esty the Queen of the Nether- Majesteit de Koningin der Neder- lands, being desirous to strengthen landen, wenschende de tusschen the bonds of amity that bind them hen bestaande vriendschapsbanden together and also to advance the te versterken en evenzeer den cause of general peace, have re- algemeenen vrede te bevorderen, solved to enter into a treaty for hebben besloten tot dat doel een that purpose, and to that end have verdrag te sluiten, waartoe Zy als appointed as their plenipoten- hunne Gevolmachtigden hebben tiaries : benoemd : The President of the United De President der Vereenigde t^arfj^"*^"' States, the Honorable William Staten: Zyne Excellentie William Jennings Bryan, Secretary of Jennings Bryan, Secretaris van 1 MS. Department of State. Signed at Washington, December 18, 1913 ; rati- fication advised by the Senate, August 13, 1914. 118 UNPERFECTED TREATIES State; and Her Majesty the Queen of the Netherlands, Chevalier W. L. F. C. van Rappard, Envoy Extraor- dinary and Minister Plenipoten- tiary of the Netherlands to the United States; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, having agreed upon and concluded the following arti- cles : Staat; en Hare Majesteit de Koningin der Nederlanden: Ridder W. L. F. C. van Rappard, Hoogst Der- zelver Buitengewoon Gezant en Gevolmachtigd Minister by de Vereenigde Staten van Amerika; Die, na elkander hunne weder- zydsche volmachten te hebben medegedeeld, welke in goeden en behoorlyken vorm zyn bevonden, omtrent de volgende artikelen zyn overeengekomen. Disputes to be submitted to International Commission for investi- gation and report. Article I The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which pre- vious arbitration treaties or agree- ments do not apply in their terms or are not applied in fact, shall, when diplomatic methods of ad- justment have failed, be referred for investigation and report to a permanent International Commis- sion, to be constituted in the man- ner prescribed in the next suc- ceeding article; and they agree not to declare war or begin hos- tilities during such investigation and before the report is submitted. Artikel I De Hooge Verdragsluitende Partyen komen overeen dat alle geschillen van welken aard ook, die tusschen hen mochten ontstaan en waarvan de beslechting niet wordt voorzien in vroeger aange- gane arbitrage verdragen en overeenkomsten, of indien de bepalingen dier verdragen en overeenkomsten feitelyk niet wor- den toegepast, ter fine van onder- zoek en verslag zullen worden on- derworpen, nadat alle diplomatie- ke middelen ter regeling dezer geschillen gefaald hebben, aan eene Permanente Internationale Commissie, die zal worden be- noemd op de wyze voorgeschreven in het volgend artikel; en zy ko- men overeen noch den oorlog te verklaren noch vyandelykheden te beginnen loopende dat onder- zoek en totdat het verslag zal zyn ingediend. NETHERLANDS 119 Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments, it being understood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original ap- pointment. Artikel II De Internationale Commissie international zal bestaan uit vyf leden als volgt S^HJ^n. te benoemen: Een lid zal worden gekozen door iedere Regeering uit hare eigen onderdanen; een lid zal worden gekozen door iedere Regeering uit onderdanen van een derde Mogendheid; het vyfde lid zal in gemeen overleg door beide Regeeringen gekozen worden met dien verstande, dat hy niet zal zyn onderdaan van een der beide Ian- den. De kosten aan de Commis- Expenses, sie verbonden zuUen gelykelyk door de twee Regeeringen ge- dragen worden. De Internationale Commissie Appointment. zal benoemd worden binnen zes maanden na de uitwisseling der akten van bekrachtiging van dit verdrag; opengevallen plaatsen vacancies, zullen vervuld worden op de wyze voorgeschreven voor de oorspron- kelyke benoeming. Article III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, spontaneously offer its services to that effect, and in such case it shall notify both Govern- Artikel III Voor het geval de Hooge Ver- Hl'«i»i„. dragsluitende Partyen niet zullen geslaagd zyn een tusschen hen gerezen geschil te beslechten langs diplomatieken weg, zullen zy het onverwijld aan de Internationale Commissie onderwerpen ter fine van onderzoek en verslag. De In- ternationale Commissie kan echter tot dat doel uit eigen beweging 120 UNPERFECTED TREATIES Facilities for investigation. Time for report. Independent action reserved. ments and request their coopera- tion in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate ; one copy shall be presented to each Govern- ment, and the third retained by the Commission for its files. The High Contracting Parties reserve the right to act indepen- dently on the subject matter of the dispute after the report of the Commission shall have been sub- mitted. hare diensten aanbieden, in welk geval zy beiden Regeeringen daar-. van kennis zal geven, en beider medewerking tot een onderzoek zal verzoeken. De Hooge Verdragsluitende Partyen verbinden zich der Per- manente Internationale Commis- sie alle hulpmiddelen en facili- teiten te verschaiifen benoodigd voor haar onderzoek en verslag. Het verslag der Internationale Commissie moet gereed zyn bin- nen een jaar van af den dag waarop zy zal hebben verklaard, dat het onderzoek is begonnen, tenzy de Hooge Verdragsluitende Partyen dit tydsverloop met on- derling goedvinden zullen wen- schen te verkorten of te verlengen. Het verslag zal in drievoud opge- maakt worden; een exemplaar zal aan ieder der Regeeringen worden aangeboden, en het derde exem- plaar blyven berusten in het ar- chief der Commissie, Nadat het verslag der Commis- sie aan de Hooge Verdragsluiten- de Partyen zal zyn aangeboden, behouden deze zich volledige vryheid van handelen voor in het geschil, dat het onderwerp van het onderzoek uitmaakte. Article IV Ratifications. fhe present treaty shall be rati- fied by the President of the United States of America, by and with the advice and consent of the Artikel IV Dit verdrag zal worden be- krachtigd door den President der Vereenigde Staaten van Amerika, wat dezen laatsten betreft op ad- NICARAGUA 121 Senate thereof ; and by Her Maj- esty the Queen of the Nether- lands; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties have given notice to the other of an intention to terminate. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have af- fixed thereunto their seals. Done in Washington on the eighteenth day of December, in the year of our Lord nineteen hundred and thirteen. [seal] William [seal] W. L. F. vies en met goedkeuren van den Senaat, en door Hare Majesteit de Koningin der Nederlanden, en de akten van bekrachtiging zul- len zoo spoedig mogelyk worden Duration, uitgewisseld. Het zal in werking treden onmiddellyk na de uitwis- seling der akten van bekrachtiging en zal van kracht blyven voor een tydperk van vyf jaren ; hierna zal het van kracht blyven tot twaalf maanden nadat een der Hooge Verdragsluitende Partyen aan de andere zal hebben kennis gegeven van haar voornemen het te doen eindigen. Ter oorkonde waarvan de we- Signatures. derzijdsche gevolmachtigden dit verdrag hebben geteekend en van hun zegel voorzien. Gedaan te Washington op den achttienden dag der maand De- cember van het jaar onzes Heeren negentien honderd en dertien. Jennings Bryan C. V. Rappard Treaty between the United States and Nicaragua for the Advance- ment of General Peace^ The Republic of Nicaragua and the United States of America, be- ing desirous to strengthen the bonds of amity that bind them to- gether and also to advance the cause of general peace, have re- Los Estados Unidos de Ame- Contracting Powers. rica, y la Republica de Nicara- gua, en el deseo de fortalecer los vinculos de amistad que los unen y tambien avanzar la causa de la Paz general, han resuelto entrar 1 MS. Department of State. Signed at Washington, December 17, 1913 ; rati- fication advised by the Senate, August 13, 1914. 122 UNPERFECTED TREATIES Plenipoten- tiaries. solved to enter into a treaty for that purpose and to that end have appointed as their plenipoten- tiaries : The President of Nicaragua, Senor General Don Emiliano Chamorro, Envoy Extraordinary and Minister Plenipotentiary of Nicaragua to the United States; and The President of the United States, the Honorable William Jennings Bryan, Secretary of State ; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles : en un Tratado con aquel objeto, a cuyo fin han nombrado como sus Plenipotenciarios : El Presidente de los Estados Unidos, al Honorable William Jennings Bryan, Secretario de Estado, y El Presidente de Nicaragua, al Seiior General Don Emiliano Chamorro, Enviado Extraordina- rio y Ministro Plenipotenciario de Nicaragua en los Estados Uni- dos; Quienes, despues de haber co- municado sus respectivos Plenos Poderes, que encontraron en de- bida forma, han convenido en los articulos siguientes : Disputes to be submitted to International Commission for investi- gation and report. Article I The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to ad- just, shall be submitted for inves- tigation and report to an Interna- tional Commission, to be consti- tuted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such inves- tigation and report. Articulo I Las Altas Partes contratantes convienen en que todas las dispu- tas entre ellas, de cualquiera natu- raleza que fueren, que la diplo- macia f allare arreglar, deberan ser sometidas para su investigacion e informe a una Comision Interna- cional, la cual debera ser consti- tuida de la manera prescrita en el proximo siguiente articulo ; y con- vienen en no declarar guerra 6 empezar hostilidades durante tal investigacion e informe. International Commission. Composition, Article II The International Commission shall be composed of five mem- Articulo II La Comision Internacional de- bera componerse de cinco miem- NICARAGUA 123 bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original ap- pointment. bros, que deberan ser nombrados como sigue: un miembro debera ser escogido de cada pais, por su respectivo Gobierno; un miembro debera ser escogido por cada Go- bierno, de un tercer pais ; el quinto miembro debera ser escogido de comun acuerdo entre los dos Go- biernos. Los gastos de la Comi- Expenses. sion deberan ser pagados por los dos Gobiemos en igual propor- cion. La Comision Intemacional de- Appointment. bera ser nombrada dentro de cuatro meses despues del canje de , las ratificaciones del Tratado; y las vacantes deberan ser Uenadas de acuerdo con la manera del nombramiento original. Article III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, act upon its own initia- tive, and in such case it shall notify both Governments and re- quest their cooperation in the in- vestigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the high contracting parties shall ex- Articulo III En el caso que las Altas Partes Duties of * ^ Commission. Qontratantes hubieren fallado en arreglar una disputa por los me- dios diplomaticos, deberan inme- diatamente referirla a la Comision Intemacional para su investiga- cion e informe. La Comision In- temacional puede, sin embargo, actuar por su propia iniciativa, y en tal caso debera notificar a am- bos Gobiernos y solicitar su coope- racion en la investigacion. El informe de la Comision In- Time for report, ternacional debera estar comple- tado dentro de un ano despues de la f echa en la cual haya declarado haber empezado su investigacion, a menos que las Altas Partes con- 124 UNPERFECTED TREATIES Independent action reserved. Military and naval status quo to be preserved. Ratifications. tend the time by mutual agree- ment. The report shall be pre- pared in triplicate ; one copy shall be presented to each Government, and the third retained by the Commission for its files. The high contracting parties re- serve the right to act independent- ly on the subject-matter of the dispute after the report of the Commission shall have been sub- mitted. Article IV Pending the investigation and report of the International Com- mission, the high contracting par- ties agree not to increase their military or naval programs, unless danger from a third power should compel such increase, in which case the party feeling itself men- aced shall confidentially com- municate the fact in writing to the other contracting party, where- upon the latter shall also be re- leased from its obligation to main- tain its military and naval status quo. Article V The present treaty shall be rati- fied by the Congress of the Repub- lic of Nicaragua; and by the President of the United States of America, by and with the advice and consent of the Senate there- of; and the ratifications shall be exchanged as soon as possible. It tratantes extendieren el tiempo por mutuo consentimiento. El in- forme debera ser preparado por triplicado; una copia debera ser presentada a cada Gobiemo, y la tercera retenida por la Comision para sus legajos. Las Altas Partes contratantes se reservan el derecho de obrar independientemente en el asunto de la disputa despues que el in- forme de la Comision se les haya sometido. ARTfcuiX) IV Durante la investigacion e in- forme de la Comision Internacio- nal, las Altas Partes contratantes convienen en no aumentar su pro- grama militar 6 naval, a menos que el peligro de un tercer Poder los compela a tal aumento, en cuyo caso, la parte que se creyere amenazada debera comunicar con- fidencialmente el hecho por es- crito a la otra parte contratante; entonces, la ultima quedara exo- nerada de las obligaciones de mantener su statu quo militar y naval. ARTfcULO V El presente Tratado sera rati- ficado por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado respective, y por el Congreso de la Republica de Ni- caragua ; y las ratificaciones debe- ran ser canjeadas tan pronto PANAMA 125 shall take effect immediately after the exchange of ratifications, and shall continue in force for a pe- riod of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an in- tention to terminate it. como fuere posible. Debera en- Duration. trar en vigor inmediatamente des- pues del canje de ratifidaciones, y continuara en fuerza por un pe- riodo de cinco aiios ; y debera des- pues permanecer en fuerza hasta doce meses despues que una de las Altas Partes contratantes haya notificado a la otra la intencion de terminarlo. In witness whereof the respec- tive plenipotentiaries have signed the present treaty and have af7 fixed thereunto their seals. Done in Washington on the 17th day of December, in the year of our Lord nineteen hundred and thirteen. [seal] William Jennings Bryan [seal] Emiliano Chamoreo En fe de lo cual, los respecti- Signatures, vos Plenipotenciarios han firmado el presente Tratado, y han puesto al pie sus sellos. Hecho en Washington, el dia 17 de Diciembre, en el aiio de Nues- tro Senor mil novecientos trece. Treaty between the United States and Panama for the Advance- ment of General Peace^ The United States of America and the Republic of Panama, be- ing desirous to strengthen the bonds of amity that bind them to- gether and also to advance the cause of general peace, have re- solved to enter into a treaty for that purpose and to that end have appointed as their plenipoten- tiaries : The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and Contracting Powers. Los Estados Unidos de Ame- rica y la Repiiblica de Panama, en €1 deseo de fortalecer los vinculos de amistad que los unen y tam- bien avanzar la causa de la Paz general, han resuelto entrar en un Tratado con aquel objeto a cuyo fin han nombrado como sus Ple- nipotenciarios : El Presidente de los Estados Pienipoten- Unidos, al Honorable William "*""' Jennings Bryan, Secretario de Estado, y 1 MS. Department of State. Signed at Washington, September 20, 191,1. 126 UNPERFECTED TREATIES The President of Panama, Sefior Dr. Don Eusebio A. Morales, Envoy Extraordinary and Minister Plenipotentiary of Panama to the United States; Who, after having communi- cated to each other their respec- tive full powers, found to be in proper form, have agreed upon the following articles: El Presidente de Panama, al Senor Dr. Don Eusebio A. Morales, Enviado Extraordinario y Ministro Plenipotenciario de Panama en los Estados Unidos ; Quienes, despues de haber co- municado sus respectivos Plenos Poderes, que encontraron en de- bida forma, han convenido en los articulos siguientes: Disputes to be submitted to International Commission for investi- gation and report. Article I The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to ad- just, shall be submitted for inves- tigation and report to an Interna- tional Commission, to be consti- tuted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such in- vestigation and report. Articulo I Las Altas Partes contratantes han convenido, que todas las dis- putas entre ellas, de cualquiera naturaleza que fueren, que la di- plomacia fallare arreglar, deberan ser sometidas para su investiga- cion e informe a una Comision Internacional, la cual debera ser constituida en la manera prescrita en el proximo siguiente articulo; y convienen en no declarar guerra 6 empesar hostilidades durante tal investigacion e informe. International Commission. Composition. Expenses. Article II The International Commission shall be composed of five mem- bers, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by com- mon agreement between the two Governments. The expenses of Articulo II La Comision Internacional de- bera componerse de cinco miem- bros, que deberan ser nombrados como sigue: un miembro debera ser escogido de cada pais, por su respectivo Gobierno; un miembro 'debera ser escogido por cada Gobierno, de un tercer pais; el quinto miembro debera ser es- cogido de comun acuerdo entre los dos Gobiernos. Los gastos PANAMA 127 the Commission shall be paid by the two Grovernments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original ap- pointment. Article III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for in- vestigation and report. The In- ternational Commission may, however, act upon its own initia- tive, and in such case it shall notify both Governments and request their cooperation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investi- gation to have begun, unless the high contracting parties shall ex- tend the time by mutual agree- ment. The report shall be pre- pared in triplicate ; one copy shall be presented to each Government, and the third retained by the Commission for its files. The high contracting parties reserve the right to act indepen- de la Comision deberan ser paga- dos por los dos Gobiernos en igual proporcion. La Comision Internacional de- Appointment. bera ser nombrada dentro de cuatro meses despues del canje de las ratificaciones del Tratado; y las vacantes deberan ser Uena- das de acuerdo con la manera del nombramiento original. Articulo III En el caso que las Altas Partes g^^^^^°/i„„. contratantes hubieren fallado en arreglar una disputa por los me- dios diplomaticos, deberan inme- diatamente referirla a la Comi- sion Internacional para su inves- tigacion e informe. La Comision Internacional puede, sin embargo, actuar sobre su propia iniciativa, y en tal caso debera notificar ambos Gobiernos y solicitar su cooperacion en la investigacion. El informe de la Comision In- Ji'^^J°' ternacional debera estar comple- tado dentro de un aiio despues de la f echa en la cual haya declarado haber empesado su investigacion, a menos que las Altas Partes con- tratantes extendieran el tiempo por mutuo consentimiento. El informe debera ser preparado por triplicado; una copia debera ser presentada a cada Gobierno, y la tercera retenida por la Comision para sus legajos. Las Altas Partes contratantes independent se reservan el derecho de obrar reserved. 128 UNPERFECTED TREATIES dently on the subject-matter of the dispute after the report of the Commission shall have been sub- mitted. independientemente en la materia- sujeta de la disputa despues que el informe de la Comision se les haya sometido. Maintenance of military and naval status quo. Ratifications. Duration, Article IV Pending the investigation and report of the International Com- mission, the high contracting par- ties agree not to increase their military or naval programs, unless danger from a third power should compel such increase, in which case the party feeling itself men- aced shall, confidentially com- municate the fact 'in writing to the other contracting party, where- upon the latter shall also be re- leased from its obligation to main- tain its military and naval status quo. Article V The present treaty shall be rati- fied by the President of the United States of America, by and with the advice and consent of the Senate thereof ; and by the President of the Republic of Panama, with the approval of the Congress thereof; and the ratifications shall be exchanged as soon as possible. It shall take ef- fect immediately after the ex- change of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high con- Articulo IV Durante la investigacion e in- forme de la Comision Intemacio- nal, las Altas Partes contratantes convienen en no aumentar su pro- grama militar 6 naval, a menos que el peligro de un tercer Poder los compela a tal aumento, en cuyo caso, la parte que se creyere ame- nazada debera comunicar confi- dencialmente el hecho por escrito a la otra parte contratante, por lo tanto, la ultima quedara exone- rada de las obligaciones de man- tener su status quo militar y naval. Articulo V El presente Tratado sera rati- ficado por el Presidente de los Estados Unidos de America, de acuerdo y con el consentimiento del Senado respectivo, y por el Presidente de la Repiiblica de Panama, con la aprobacion del Congreso, y las ratificaciones de- beran ser canjeadas tan pronto como fuere posible. Debera en- trar en vigor inmediatamente des- pues del canje de ratificaciones, y continuara en fuerza por un pe- riodo de cinco atios ; y debera des- pues permanecer en fuerza hasta doce meses despues que una de las PERSIA 129 tracting parties have given notice Altas Partes contratantes haya to the other of an intention to ter- notificado a la otra la intencion minate it. de terminarlo. In witness whereof the respec- En f e de lo cual, los respectivos signatures. tive plenipotentiaries have signed Plenipotenciarios han firmado el the present treaty and have presente Tratado, y han puesto al affixed thereunto their seals. pie sus sellos. Done in Washington on the Hecho en Washington, el dia 20th day of September, in the 20 de Setiembre, en el afio de year of our Lord nineteen hun- Nuestro Senor mil novecientos dred and thirteen. trece. [seal] William Jennings Bryan [seal] Eusebio a. Morales Treaty between the United States and Persia for the Advancement of General Peace^ The President of the United States of America and His Imperial Powe"!""^ Majesty the Shah of Persia, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their Plenipotentiaries : The President of the United States, His Excellency Mr. Charles ^1,^^"^'°*'°" Wells Russell, Envoy Extraordinary and Minister Plenipotentiary of the United States to Persia and; His Imperial Majesty the Shah of Persia, His Excellency Mirza Hassan Khan Wossough ed Dowleh Minister for Foreign Affairs; who, after having communicated to each other their respective full powers found to be in proper form, have agreed upon the following Articles : Article I The high contracting parties agree that all disputes between them. Disputes to be of every nature whatsoever, which diplomacy shall fail to adjust, shall international