F A3 FROM THE UNITED STATES GOVERNMENT THROUGH THE SUPERINTENDENT OF DOCUMENTS ..A...m.5rU U^M.r., "g'506 Rev. Stat, prohibits the withdrawal of this book, for home use. 7808 Cornell University Library F 1438.C39A3 The Central American peace conference, h 3 1924 020 440 081 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/cu31924020440081 THE CENTRAL AMERICAN z PEACE CONFERENCE HELD AT WASHINGTON, D. C. 1907 REPORT OF MR. WILLIAM I. BUCHANAN REPRESENTING THE UNITED STATES OF AMERICA WASHINGTON GOVERNMENT PRINTING OFPrCE 1908 ^^w^r(,H REPORT OF THE CENTRAL AMERICAN PEACE CONFERENCE. HELD AT WASHINGTON, D. C, 1907. By Me. William I. Buchanan, Representing the United States of America. Sir : I have the honor to submit the following report of the Cen- tral American Peace Conference held at Washington, D. C, Novem- ber 13 to December 20, 1907, between delegates representing the five Central American Republics — Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador. In accordance with the provisions of Article II of the protocol convening the Conference, signed at Wash- ington, September 17, 1907, between the diplomatic representatives of the said Republics, Mexico and the United States were invited to participate in the Conference in a friendly capacity. Mexico designated his excellency the Mexican ambassador at Washington as her representative, while I had the honor to participate as repre- sentative of the United States. The Conference grew out of the friendly initiative that was taken during last summer by their Excellencies the Presidents of the United States and of Mexico, in an endeavor to secure an adjustment of the then pending disputes between several of these Republics in some form that would insure permanent peace among them and fos- ter their development. As a result of this step a preliminary conference between the diplo- matic representatives of the five Republics was held at the Bureau of American Republics, Washington, D. C, on September 16 and 17, 1907. There were also present Hon. A. A. Adee, of the Depart- ment of State, and Sefior Don Jose F. Godoy, Charge d'Affaires of Mexico. At this conference the protocol convening the Conference was agreed to and the time fixed for the first fifteen days of Novem- ber. The text of this protocol — in English — will be found in the minutes which accompany this report as inclosure 1. The Conference was called together by the Secretary of State in the following note, dated November 11, 1907: ' " Department of State, " Washington, November 11, 1907. " Excellencies : The plenipotentiaries of the five Central American Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, appointed by their respective Governments in pursuance of the protocol signed in Washington 3 4 CENTEAIi AMEEICAN PEACE CONFERENCE. on the 17th day of September, 1907, having arrived in the city of Washington for the purposes of the Conference contemplated in the said protocol, I have the honor to request that the said plenipotentiaries, together with the representa- tives of the United Mexican States and of the United States of America, ap- pointed pursuant to the second article of said protocol, convene in the building of the Bureau of American Eepubllcs in the city of Washington, on the 14th day of November, instant, at half past 2 in the afternoon. " I avail myself of this opportimity to offer to your excellencies the assurances of my highest consideration. " Blihu Root." To their excellencies the — DELEGATES TO THE CENTRAI. AMERICAN PEACE CONFERENCE. COSTA RICA. Senor Dr. Don Luis Anderson, Minister for Foreign Affairs. Senor Dr. Don J. B. Calvo, Envoy Ex- traordinary and Minister Plenipoten- tiary at Washington. GUATEMALA. Senor Dr. Don Antonio Batres Juare- gul. Senor Don Victor Sanchez Ocana. Senor Don Luis Toledo Herrarte, En- voy Extraordinary and Minister Plenipotentiary at Washington. HONDURAS. Senor Dr. Don Policarpo Bonllla. Senor Don E. Constantino Fiallos. Senor Dr. Don Angel Ugarte, Envoy Extraordinary and Minister Plenipo- tentiary at Washington. NICARAGUA. Senor Dr. Don Jose Madriz. Senor Don Luis F. Corea, Envoy Ex- traordinary and Minister Plenipoten- tiary at Washington. EL SALVADOR. Senor Dr. Don Salvador Gallegos. Senor Don Salvador Rodriguez, G. Senor Dr. Don Federico Mejia, Envoy Extraordinary and Minister IPlenipo- tentiary at Washington. To the representatives of — MEXICO. His Excellency Senor Don Enrique O. Creel, Ambassador at Washington. UNITED STATES. Hon. William I. Buchanan, Buffalo, N. y. The secretaries of the different delegations were as follows : HONDURAS. Sefior Dr. Don Justd Gomez Osorio. Sefior Don Urbano Ugarte. Senor Dr. Don Manuel Ugarte. NICARAGUA. SeSor Ing. Don Nicolas Veloz. EL SALVADOR. Senor Don Salvador Galleagos (ft.). The Conference was held at the Bureau of American Republics, the entire second floor of the Bureau having been especially fitted and furnished for the purpose of the Conference by the United States. Preliminary meetings of the delegates were held on the 12th and 13th of November for the purpose of agreeing upon rules to govern the Conference and upon its officers. Neither the Mexican representatives nor the undersigned were present during these sessions. A copy of the rules agreed iipon to govern the Conference will be found herewith, as Inclosure 2. It will be noted that they are based upon the rules adopted by the Third Pan-American Conference held at Rio de Janeiro in 1906, exceptions being the clause which required all delegations to be present before a vote could be taken, and that by which unanimity was required in voting, without prejudice to the fact that if only three delegations voted affirmatively then the sub- OENTBAL AMBaiCAN PEACE CONPBBENCE. 5 ject became obligatory for them and a recommendation to the two which had voted " No." The rules provided that the public should not be admitted to the sessions of the Conferences. The strained relations that had for many months existed between several of the Eepublics made the ciuestion of rules one of considerable delicacy, but the good spirit manifested by all the delegates, both at that time and throughout the Conference, overcame these difficulties, and as the Conference proceeded practically made nales almost un- necessary. The minutes of the preliminary meetings of the delegates will be found herewith as Inclosure 3. The inaugural session of the Conference was a public one, and, was held at 2.30 p. m. on Thursday, November 14, in the conference rooms at the Bureau of American Republics. There were present, in addition to the delegates, their secretaries; the representative of Mexico and the representative of the United States; the Secretary of State, Hon. Elihu Root; the Assistant Sec- retary of State, Hon. Robert Bacon; the Third Assistant Secretary of State, Mr. Huntington Wilson ; the secretary of the Mexican em- bassy, Sefior Jose F. Godoy ; the officials of the Bureau of American Republics, and the personnel of the Central American legations. The Conference was called to order by the Secretary of State, Hon. Elihu Root, who in an address to the delegates urged them to bring about lasting and durable peace between their several countries, and to make such sure provision for this for the future that a re- turn of the unfortunate conditions that had existed between and among them would be impossible. The Secretary's remarks created an excellent impression among the delegates and were many times thereafter recalled and quoted by them in the discussions that took place. The Secretary of Stat« was followed by his excellency, the Mexi- can ambassador, who in an eloquent address assured the delegates of the cordial and deep interest felt by the Mexican Government in the work before the Conference. The credentials of the delegates were then examined by a special committee, after which the Conference proceeded to elect Hie Ex- cellency Sefior Dr. Don Luis Anderson, of Costa Rica, president of the Conference, and Sefior Dr. Don Jose Madriz, of Nicaragua, and Senor Dr. Don Salvador Rodriguez, of San Salvador, secretaries of the Conference. The Conference then unanimously elected honorary presidents of the Conference their Excellencies Hon. Elihu Root, Secretary of State of the United States, and Licenciado Don Ignacio Mariscal, Minister for Foreign Affairs of Mexico. The minutes of the inaugural session, together with a copy of the address delivered at the time by the Secretary of State, the Mexican ambassador, and by Mr. Anderson, will be found herewith as In- closure 4. The first regular session of the Conference was held on the fol- lowing day — Friday, November 15 — and with the exception of an adjournment taken on Thanksgiving Day as a mark of courtesy to the United States, informal or formal sessions were daily held thereafter. 6 CENTEAL. AMERICAIT PEACE OONPERBNOE. The first session began with the reading of the first article of the diplomatic protocol signed at Washington, September 17, 1907, be- tween the Republics represented in the Conference ; and In view of the important bearing this article had on the results attained by the Conference, I deem it well to insert here a trans- lation of its text, as follows: Upon receipt of the formal invitation, wUich, it is understood, will be simul- taneously issued to each of the five Republics of Central America, by their Excellencies the Presidents of the United States of America and of the United Mexican States, a conference of the plenipotentiary representatives, which the Governments of the Republics referred to shall appoint for that purpose — that is to say, Costa Rica, Salvador, Guatemala, Honduras, and Nicaragua — will meet during the first fifteen days of November next, at the city of Washington, to discuss the steps to be taken and the measures to be adopted for the purpose of adjusting any differences which exist between the said Republics or between any of them, and for the purpose of concluding treaty which shall define their general relations. It will be noted that two things were to be done by the Conference and in the following order: (A) " Discuss the steps to be taken and the measures to be adopted for the purpose of adjusting any differences which exist between the said Republics or between any of them ; " and (B) The concluding of "a treaty which shall define their general relations." The reading of this article brought before the Conference the important mater of what claims or questions, if any, were then pend- ing between the Republics as an outgrowth of the armed disturbances that had existed during many months between several of them. A pause followed the reading of the article, each delegation apparently waiting for some indication as, to the course events were likely to take. The pause was followed by a declaration made by the chairman of the delegation from Salvador that his country had no claim of any kind to present against either of the other four Republics. This declaration was at once followed, amid the applause of those present, by a similar one made by the chairman of the delegation from each of the remaining four Republics. This action on the part of the Republics merits special notice, since .it not only showed the excellent spirit which guided the dele- gates and pointed to wide possibilities for effective work open to the Conference, but beyond this effectively closed the door against the presentation hereafter by either of the Republics of any claim growing out of their armed disturbances in 1907. The first provision set out in the protocol having thus been dis- posed of, the Conference adjourned until Monday, the 18th, in order that the different delegations might have time to prepare such projects of treaties and conventions as they might deem properly within the intent of the second provision of the protocol. At the second session the president stated that the order of the day would be the presentation of projects covering the general rela- tions of the five Republics, as provided by the last part of the first article of the September 17 protocol. The Honduras delegation thereupon presented a project for a union of the five Republics. This at once gave rise to differences of opinion as to the scope of the Conference, which at times seemed likely to affect its usefulness. Indeed, the divergent views brought out by the presentation of the Honduras project were not entirely OENTEAL AMERICAN. PEACE OONFEEENCE. 7 dissipated until well on towards the closing session of the Conference. Through the Honduras project the old and several times fruitlessly attempted plan to form a Central American union again became a live subject. It was strongly advocated by the Honduras delegation as being the true solution for the constantly recurring disputes that had held back the development of the Central American Kepublics. The Nicaragua delegation favored the Honduras plan. The delega- tion from Salvador inclined in that direction in principle, but the delegation from Guatemala opposed it. The Costa Kica delegation objected to the consideration of the matter, taking the ground that the project was entirely out of order under the terms of the protocol convening the Conference. As a result of the discussion that followed the introduction of the Honduras project as to whether or not the project was within the intent of the article of the protocol which referred to the " general relations of the Central American countries," the Guatemalan dele- gation submitted a motion that the Conference should proceed to draw up the bases for a general treaty of peace, taking the San Jose treaty of September 25, 1906, as a guide. In order to find a road out of the difficulty thus before the Confer- ence, both projects were sent to a special- committee for their study and report. This committee consisted of a representative from each of the five delegations. The committee submitted two reports at the next session of the Conference. One report strongly favored the Honduras project. This was signed by the members of the committee representing Hon- duras and Nicaragua. The other report as strongly opposed that project and favored the course proposed by Guatemala. This was signed by the members of the committee representing Salvador, Costa Rica and Guatemala. The importance that was attached to the subject and its relation to the political future of the five Republics leads me to insert here a translation of both the Honduras and Guatemala projects, together with the two committee reports referred to above. They are as fol- lows: " MEMOKANDTJM SUBMITTED BY THE DELEGATION FROM HONDrRAS. "According to the protocol signed in Wasliington, September 17 last, between the plenipotentiaries of the five Central American Republics and the declaration made on the 15th of this month :'■ The object of this Conference is reduced to the question of the manner through which a valid and lasting peace can be secured in these countries ; their good relations conserved ; and to the negotia.- tion of a treaty thai will set out their general relations. " The delegates from Honduras expressing not only their own sentiments but those of their Government as well, and interpreting those of the great majority of the people of Honduras, find themselves of the belief that to reach the end thus had in view by the Conference the sure and definite means to employ would be the union in the Federal Itepublic of the five nationalities represented here. " Every Central American agrees that the union is the absolute destiny of these countries and that some day it will be realized; opinions differ only with regard to the opportune moment to bring this about. This opportunity we see ' This refers to the declaration made by the five Republics in the first session of the Conference, that they had no claims to present against each other. b CENTRAL AMERICAN PEACE CONFERENCE. In the present Conference, which appears to us to be the most propitious that has occurred in the course of our national lives. "The circumstances which have surrounded and now surround the plenipo- tentiaries now assembled here may be again present, but can not be improved in the future. " The friendly Intervention of the United States and Mexico gives to the Conference a powerful moral force, which has made Itself felt within and with- out these Republics, carrying the conviction that something of lasting benefit must result from Its work. Nothing would be so transcendental and advan- tageous as the reestablishment of our old federation — this time upon firm and immovable bases. " On the other hand, the fact that no claims or differences exist between the Central American Republics, as has been officially declared by the delegations, facilitates and prepares the way to accomplish so noble an aspiration. " The president of Nicaragua on his part has given an evidence of self-abne- gation by his offer to retire from his office if this was necessary to bring about the union. He has thus indicated the road that can be taken to overcome obstacles such as that, should they be met with In an effort to carry out such a plausible matter. We, on our part, declare that the president of Honduras has been and is disposed to proceed in an identical manner — that is to say, to put to one side his personality in deference to the general interests of all. " The other Central American governments, animated, as we suppose, by the same generous sentiments, would possibly not find it inconvenient to choose the same course; and, in the event they did not, their resolution would only delay the consolidation of the Republics, since at the end of their presidential terms those in power would have to deliver back to the people the power they had received from them. " Passing now to a practical form in which our thought may be expressed, we propose the following bases : " First. The respective congresses to ratify within three months the treaties signed at this Conference, and to then convoke a constitutional convention which will frame the fundamental law of the Republic, and organize judicial powers for its execution without prejudice to the disposition relative to the election of the legislative and executive bodies in the future. " Second. The constitutional convention to come together within three months from the date it is called, and to convoke a regular congress in the form fixed by the constitution. " Third. The constitutional convention to provide among its acts that the debts of the respective countries shall be assumed by them. " Fourth. Until the Federal Republic is organized a supreme court will be established, with guaranties for its Independence and Impartiality, with power to resolve the differences which may arise between the States and other mat- ters that may be set out in the corresponding treaty .' " Fifth. The treaty will stipulate that a general amnesty shall be declared by each Republic to cover nil those under arrest for political offenses or for those connected with such offenses. " In the preceding paragraphs we have indicated the criterion by which the Honduras delegation is guided in its wish to obtain a result satisfactory to the Conference ; we Invite you to study these general bases which, if they merit your approval, we can develop in detail for submission to your enlightened consideratiou. "P. BONILLA. " B. O. F1AI.LOS. ■ " Anq6l Ugarte. " Washington, yovemier 18, 1107." " MEMORANDUM SUBMITTED BY THE DELEGATION FROM GUATEMAIA. " To the Honorable Ventral American Conference of Peace: " The delegation from Guatemala, in compliance with Its promise made during the preceding session, has the honor to propose, that for the purpose of the general treaty of peace, friendship, and commerce, the treaty signed at San ' Reference is intended to the treaty contemplated to be signed should the pro- posed Honduras plan be adopted by the Conference. CENTEAL AMEEICAN PEACE CONFERENCE. 9 Jose de Costa Rica on tlie 25th of September of last year between the plenl- Ijotentlaries of four of the Central American Republics shall serve as a basis, making such necessary alterations as may be required at this time and adding such stipulations as may be thought convenient concerning railways, custom- houses, fiscal systems, moneys, or any other subjects that may be helpful toward strengthening good relations between the Republics. The Hague project con- cerning an arbitral court — its most perfect work — should be kept in view. " Will the honorable Conference be good enough to accept the respectful homage of this delegation. •' Antonio Batres Juarequi. " Luis Toledo Herbarte. " Victor Sanches, O. " Washington, November 18, 1907." HEPOKT MADE BY THE MEMBERS OF THE COMMITTEE FAVORING THE HONDURAS PROJECT. " To the Honorable Gonferenoe: " We are members of the committee charged with the study of and to report on the projects presented by the delegations of Honduras and Guatemala. The first proposes the union of the five Republics represented in the Conference in one nation, organized as a federation as the best means to insure the peace of Central America on a stable base of justice and liberty. The second proposes the celebration of a treaty of friendship and peace modeled after the treaty of San Jose of September 25, 1906, with such modifications as may be thought necessary to insure good relations between the Central American States in the future. Having substantially differed from our honorable colleagues on the committee on an essential point, we have thought It convenient to formulate our views in a separate report, as follows: " When the committee met at 2 in the afternoon on the 18th instant, SeBor Madriz indicated his belief that notwithstanding the difference and seeming opposition between the two projects, he found in the two a conciliatory form which he would propose to the committee. Given the transcendental character of the Honduras project, he thought it should not be put to one side, as the opin- ion of the majority appears to be. but on the contrary, he thought it should be accepted and put in treaty form, in order that it might be remitted for the vote of the different legislative assemblies. He added that a direct appeal in this manner to the wishes of the people, in order that they might decide the question, would not only be a proper homage to them but would also free the delegates personally and the Conference from the grave responsibility they would assume if, by an error of appreciation as to the actual political conditions in Central Ajnerica, they should put to one side an idea that met the sentiments of the majority of the people of Central America. Further, that this idea would not exclude the conclusion of a treaty of friendship and peace which would take the place of the fact of union "in the event the latter was not approved by the majority of the States. "After a short debate, the session of the committee was sijspended until the delegation from Salvador could receive special cable instructions that had been asked for by them. " Day before yesterday the undersigned were notified that the committee would continue its work, the next sitting to be yesterday at 9.20. Sefior Gal- legos, of San Salvador, who wae found alone in his apartment, said to us : ' That both he and Senores Batres Juaregui and Calvo regretted they were not in accord with the Honduras project, believing, as they did, that the actual cir- cumstances made it inopportune at this time to advance with any thought of success the idea of a Central American imion, and that in consequence they would be impelled to formulate a report substantially indorsing the Guatemala motion and against the Honduras report.' Senor Gallegos proposed neverthe- less to include our views in t'he same report, but we chose to make a separate report. • " Referring now to the cardinal points in the case, we thmk : " First. That union will alone insure stable and eflicient peace and order in Central America. 10 CENTRAL AMEEICAN PEACE CONFERENCE. " Second. That an existing and constant sentiment of unity and a conscious- ness of a common destiny are essential characteristics of our political life. " Third. That obstacles to union do not originate with the people nor are they insurmountable. " Fourth. That the Conference should conclude a convention covering the project submitted by the Honduras delegation and leave the solution of the matter to the legislative assemblies of the Republics. " Fifth. That inasmuch as a convention providing for union might not be ratified by a suificient number of the States, it would be advisable for the Con- ference to conclude at the same time a treaty of friendship, peace, arbitration, etc., with the necessary provision for its development and application, as pro- posed by the Guatemala delegation, and that the question of what steps could be taken to guarantee the carrying out of this treaty should be discussed, so that the fate that had befallen many other Central American treaties might not overtake this one. " Sixth and lastly. That a committee be named charged with the work of submitting to the consideration of the Conference within the shortest possible time projects for these suggested treaties. " P. BONtLLA. " Jos]6 Madriz." " Washington, Xorcinher 22, 1907." REFOBT OF THE MEMBERS OF THE COMMITTEE AGAINST THE HONDURAS PROJECT. " To the Honoralile Peace Conference: " The undersigned members of the committee named to report on the projects submitted by the Hondurean delegate — Dr. Don Policarpo Bonilla — and by the Guatemala delegation, having in open session of the committee fully dis- cussed them without unfortunately h;iving been able to agree with their colleagues vipon a eonmiou report, have the honor to submit separately their opinion, manifesting, in so far as the project submitted by Doctor Bonilla is con- cerned, that while they consider the political union of Central America as the greatest and noblest aspiration of patriotism, they equally think that the circum- stances and conditions in which the Central American people find themselves at the moment are not propitious to decree national reconstruction, which, in order that it may be duralale and solid, requires that their economic, moral, political, and material elements shall ha\e been harmonized. " They do not think therefore that it is opportune to discuss in the present Conference a project for the immediate establishment of a union, but solely those measures which will tend toward preparing in a stable manner for this union, strengthening their means of communication, establishing a coasting ship commerce, linking together the economic and social interests of the people of the Republics, unifj'ing their customs and tax laws, and encouraging the fre- quent meeting of Central American Conferences. The most prosperous devel- opment of the people of the Republics, and a definite union, both have their root in the uniform extension of their separate economic elements, which, creat- ing great material interests, will certainly form an indissoluble link between the Republics, ^^'hen the iron rail destroys distances that now practically sep- arate the rich lands of the Republics, and develops their wealth through the exchange of their products, their people will, through this evolution, reach their aspirations and bridge their necessities. " To them we must confide the realization of the ideal of miiting the fl^•e sections of the old Patria, without that precipitancy which might compromise its success. It is not wise to think of passing rapidly to a sincere and pacific union. The steps tnken here toward making peace certiiin in (,'eutral America, toward guaranteeing security for capital and labor, towiu-d improving their elements of production, their social interests, and their initiative in self-govern- ment, will contribute in no small jiart toward this end. The pedagogical insti- tute to be created in Costa Rica will also contribute to this end as' an element of fraternity and a propaganda of the principles of justice, of order, and of union, while the creation of the Central American Bureau, agreed upon at San Jose, will be of transcendental importance. CENTKAL AMERICAN PEACE CONFEBENCE. 11 " In the matter of adopting tlie treaty of San Jose as a basis for discussion, as proposed by the Guatemalan delegation, the undersigned think the plan should be adopted. They equally think that first of all a committee should be designated to formulate a project for an obligatory arbitration treaty upon bases that will establish a permanent court of international justice for Central America. " Salvadoe Gallegos. " Antonio Batres Juaregui. "J. B. Calvo." Considerable tension was manifested in the Conference as these two reports were read, and a growing purpose on the part of some of the delegations to insist that no discussion of the subject-matter of the report should take place. The view held by these delegates was that quite aside from the question of the merit or demerit of the subject, the matter of a political union of the Republics was a question en- tirely foreign to the purpose for which the Conference was called and one outside the powers of delegates to consider. Costa Rica strongly held this view. Noting in all this the appearance of an element of discord, the suggestion was made by the undersigned, supported by the Mexican representative, that the consideration of both reports be postponed, and that the Conference proceed to prepare projects for several important conventions — outside the scope of either report — notably one covering an international court. This course was adopted. As the Conference proceeded and evidences of its effectiveness began to appear in the drafts of treaties and conventions which embraced the general good of all, the question of union became less acute, and was disposed of to the satisfaction of all during one of the closing sessions by the inclusion in the minutes of the Conference of a written statement of their views presented by Doctor Bonilla, Doctor Madriz, and Sefior Fiallos. (See the minutes of the fifteenth session of the Conference and Inclosure 18 herewith.) TREATIES AND CONVENTIONS. At the fifth session of the Conference, November 27, the prepara- tion of the several treaties and conventions afterwards concluded be- tween the Republics was begun. Their consideration thereafter oc- cupied the entire attention of the delegates until the close of the Conference on December 20, either in "the formal sessions of the Con- ference or in the many informal meetings of delegates which were held in order that the different points brought up in the tentative drafts for the treaty of peace and the convention creating the new court could be discussed and the committee having each in charge be enabled to keep its work in line with the wishes of the different delegations. The different treaties and conventions concluded between the five Republics consist of the following: (1) A general treaty of peace and amity (see Inclosure 5). (2) A convention additional to the general treaty of peace and amity (see Inclosure 6). (3) A convention for the establishment of a Central American court of justice (see Inclosure 7). (4) A protocol additional to the convention for the establishment of a Central American court of justice (see Inclosure 8). 12 CENTRAL AMERICAN PEACE CONFERENCE. n An extradition convention (see Inclosure 9). A convention for the establishment of an International Cen- tral American Bureau (see Inclosure 10). (7) A convention for the establishment of a Central American pedagogical institute (see Inclosure 11). (8) A convention concerning future Central American Confer- ences (see Inclosure 12). (9) A convention concerning railway communications (see In- closure 13). Of these the general treaty of peace aiid amity, and the convention creating the Central American international court of justice, represent the chief work of the Conference, while the second of these repre- sents an entirely new and important advance in international obhga- tions, and is the realization, in the form of a convention, of the efforts that have been made in the past to find a judicial method by which the peaceful and right settlement of international disputes could be assured. The two imdertakings are to a great measure interdepend- ent, and were so intended. Indeed, this fact in many ways consti- tutes their strength. Both the treaty of peace and the convention creating the court run for a similar term of ten years. When the new court begins its func- tions it seems difficult to see how compliance with the terms of both undertakings can be avoided. This appears especially true when the unusual obligation in Article XXVil of the convention creating the court is considered. This states " That on no ground nor in any case will they (the signatory Republics) consider the (present) con- vention as void." It is certain that the intent and purpose of the signatory Republics was to insist that in every possible event the court shall remain as a piece of international machinery that can be relied on to adjust disputes. The following are briefly the chief features of the different treaties and conventions: THE TREATY OP PEACE AND AMITY. {a) Its absolutely obligatory character for a period of ten years. (Articles I and XIX.) (h) The declaration (Article II) that any disposition or measure tending to alter the constitutional organization of either of the Re- publics shall be deemed a menace to the peace of all. (c) The excellent and in many ways the treaty's most important clause (Article III), making the territory of Honduras neutral in conflicts that arise between the other four Republics, so long as Hon- duras remains neutral. It will be seen by a reference to the map of Central America that the position occupied by Honduras is such that if this neutrality of Honduranean territory is carried out, war be- tween the signatory Republics is practically made impossible. (d) Article VI, by the terms of which all Central Americans are mutually recognized as citizens, a principle embodied in several of their constitutions. (e) The recognition of the right of asylum on ships and the pro- hibition against taking anyone from such asylum except by due legal process and on an order from a competent judge. CENTRAL AMERICAN PEACE CONFEEENCE. IS (/) The provisions of Articles XVI and XVII, by which political refugees and disturbers are not to be allowed to reside near the fron- tier of either of the five Republics. (g) The unusual obligations assumed in Articles I and II of the convention additional to the treaty, by which each Republic binds itself not to recognize in another a Government resulting from a coup d'etat nor to intervene in favor of or against the existing gov- ernment of another Republic in cases of disorder therein. (A) The stipulation in Article III of the convention additional to the treaty, by which they agreed to use their efforts to secure con- stitutional reforms that will prohibit the election of a president for a second term. v, FOLLOWING ARE THE CHIEF FEATURES OF THE fcONVENTION CREATING A CENTRAL AMERICIN COURT OF JUSTICE. (a) Three forms of jurisdiction: The first (Article I) embraces the obligatory submission to the court of all questions arising be- tween them which can not be adjusted by the respective foreign offices of the contracting Republics. The second (Article II), the power to determine cases involving alleged violations of treaties or conventions where denial of justice is alleged by a citizen of one Republic against the Government of another. The third, the power to determine any question mutually submitted by two of the signa- tory Governments, or by one of them and one of its citizens or a citi- zen of another. The court (Article XXII) determines its compe- tency and in considering a case (Article XXI) is to decide questions of fact by its own criterion and questions of law by the principles of international law. (&) The court is to consist of five judges, to hold office for five years. The congress of each signatory Republic is to designate one judge and two alternates, who shall take their oath of office before the congress. With the exception of the judge appointed by the country in which the court is to be held, the judges receive an equal salary of $8,060 per annum, to be paid by the treasurer of the court out of a common fund, toward which each Republic is to contribute $10,000 yearly (Articles VI, VII, VIII).' The- court is to be located in Cartago, Costa Rica. (c) The judges are prohibited from holding other office or enga- ging in other work. They must elect a president and vice-president from among their number at their first sitting. . A judge is not barred from sitting in a case in which the government that appointed him is a party. (d) A defendant country must submit its answer to the demanding country within sixty days. The court may, however, grant an exten- sion of twenty days (Articles XIV, XV, XVI), and can grant rea- sonable delays in order that all facts and evidence may be submitted. (e) The court must hand down its decision within thirty days from the date upon which the case has been finally submitted by both parties. (f) The decision is final. It must be in writing and must be a majority decision. A dissenting opinion must be in writing and both must be signed by all the judges (Articles XV, XXIII, XXIV). 14 CENTRAL AMERICAN PEACE CONFERENCE. Provision is made by calling in the alternate judges for cases in which the judges fail to agree. {g) Interested parties may be represented before the court by counsel (Article XVII). {h) The court may appoint special commissioners to carry out its orders or may apply directly to the executive of a Government or to a tribunal of justice, but in every case the court's orders must reach their destination through the ministry for foreign affairs of the country. (^) The signatory Republics bind themselves to faithfully carry out the court's orders (Article XX). {f) The most effective authority given the court is the provision made in Article XVIII. By the terms of this article the court can fix the statu quo in which both parties to a controversy submitted for its decision shall remain pending the consideration and decision of the case. This is intended to prevent the purchase of arms or military supplies or the moving or massing of troops by either of two con- tending States. {k) The decisions of the court are to be communicated to each of the signatory Republics, which severally bind themselves to aid in eveiy peaceful way to have the decisions of the court faithfully com- plied with in every respect (Article XXV). {I) The stipulation in Article XXVII which provides that — " on no ground nor in any case will they (the signatory Republics) consider the present convention as void ; and that therefore they will consider it as being always in force during the term of ten years." Provision is made for the possible union of two or more of the Re- publics; in that event it is agreed that the court shall be suspended ipse facto, and a conference at once called to adjust the court to the new order. (to) Finding it impossible to fully agree upon a more extended scope of the court's jurisdiction than outlined under (a), above, an article was annexed by which a country approving this article would for itself agree to submit to the court internal disputes arising between its executive, legi^ative, and judicial branches. This court, which marks such an advance in methods for the peace- ful adjustment of international disputes, is an outgrowth of the efforts made by Secreta]['^,j^f State Root in his instructions to the delegates of the United, ,^"jta,tes to the Second Peace Conference at The Hauge toward endeavoring to secure a " world's international court of justice." THE EXTRADITION CONVENTION. This differs but little from the extradition convention now in force between Mexico and the United States. Its terms, as regards the definition of crimes and the time within which extradition can take place, were carefully drawn, in order that they might conform to the existing penal legislation of the several Republics. "V\1iile citizens need not be delivered, provision is made that if not delivered they shall be tried by the courts of their own country for the crime with which they are charged. Especial care was taken in drafting the convention to prevent the possibility of its use in political offenses. CENTBAL AMERICAN PEACE CONFERENCE. 15 CONVENTION FOR THE ESTABLISHMENT OF A CENTRAL AMERICAN BUREAU. This convention is based on one of the conventions signed at San Jose de Costa Eica September 25, 1906, between Costa, Kica, Salvador, Guatemala, and Honduras. The purpose of the Bureau is to encourage and develop the final union of the Central American Republics through general education, uniformity of civil laws, customs laws, monetary standards, and commerce. The Bureau is to be located in the city of Guatemala. It is to pub- lish a regular bulletin and to be equipped with a clerical force suffi- cient to enable it to carry out the above purpose. Its expenses are to be paid by the five Republics in equal parts. THE CONVENTION CREATING A CENTRAL AMERICAN PEDAGOGICAL INSTITUTE. This is also based on one of the San Jose de Costa Rica conven- tions of September, 1906. It creates a Central American normal school at San Jose, Costa Rica, the purpose being to bring about a common system of schools and- education in Central America by the development and fitting of Central American teachers, both male and female, in this cen- tral school who will take charge of the schools of each of the five Republics. The administration and control of the school is vested in the Costa Rican Government, the other Governments having the right to desig- nate a member of the executive committee which is to manage the school. Each of the Republics can maintain 100 students, 50 of each sex, in the school, and must maintain at least 20 of each sex. The cost of the buildings and equipment and of the staff of teach- ers is to be paid in equal parts by the signatory Republics. The duration of this convention is fixed at fifteen years. The delegates to the Conference looked upon this school as a work of the utmost importance, believing that the greatest good would come to Central America through the education in this manner of teachers who would hereafter difect the schools throughout the different Republics. THE CONVEXTION CONCERNING FUTURE CONFERENCES. This convention, like the two preceding ones to which reference has been made, has for its object the preparation of the people of Central America for ultimate political union in some form. It provides for the designation by each of the signatory countries of one or more commissioners to study the relations borne by the monetary systems of their respective countries to their foreign and internal commerce, and to carefully consider their customs, laws, and regulations, weights and measures, and other economic questions affecting the relations of the Republics toward each other, the object being to have these commissioners endeavor to agree upon uniform measures in each regard, so that these can be considered at a Con- ference of plenipotentiaries to convene in Tegucigalpa on January 1, 1909, and thereafter yearly for five years, to consider all economic 16 CENTRAL AMERICAN PEACE CONFERENCE. matters affecting the relations of the Republics toward each other and toward foreign countries. THE CONVENTION ON COMMUNICATIONS. This convention deals with the project |or a Pan-American Rail- way. It stipulates that the signatory Governments shall designate commissions to study and report suitable measures that can be adopted in each country, so that the work of connecting the several Republics by railway may be carried out. These measures .are to embrace rec- ommendations as to subsidies of land, special privileges, and guar- anties that might be given by each Republic to secure the building of railways that will unite Central America from south to north with Mexico and the United States. The interesting and valuable report of the committee which drew up the draft of this convention will be found herewith as Inclosure 13-a. THE CLOSING DATS OF THE CONrERENCE. At the last session, held on December 16, the following motion, pre- sented by the Nicaraguan delegation, was unanimously approved : " That the Conference solicit an audience with His Excellency the '■ President of the United States, in order that the Conference in " a body might thank him for the great services he had rendered iri " the interest of order in Central America and for the generous hos- " pitality that had been extended the delegates. " That with the same object the delegates should call on the Secre- " tary of State, Hon. Elihu Root. " That a special committee be named to visit the City of Mexico, " and in a similar manner express the thanks of the Conference to " His Excellency the President, General Don Porfirio Diaz, and to his " Minister for Foreign Affairs, Seiior Don Ignacio Mariscal. " Further, that there be included in the minutes of the closing " session of the Conference a vote of thanks on the part of the Con- " ference to his excellency, the Mexican Ambassador, Seiior Don " Enrique C. Creel, representing Mexico in the Conference, and to " Mr. William I. Buchanan, representing the United States of Amer- " ica in the Conference, for their efficient cooperation in the work of " the Conference. In response to the above, the President informed the Conference that he would be glad to receive the delegates on such day as might best suit their convenience. At the close of the final business session of the Conference, which took place on the morning of December 20, the delegates in a body called on the President and on the Secretary of State to inform them that the work of the Conference had been happily concluded and to express to each in accordance with the resolution of the Conference the deep sense of obligation felt by the delegates for the aid and encouragement they had received through the interest and good will that had been shown by the President in their work and for the constant and more than helpful efforts that had been daily extended them by the Secretary of State. The President in response to the words of the president of the Conference assured the delegates of the satisfaction with which the CENTEAL AMEBICAN PEACE CONFERENCE. 17 Government of the United States had followed the excellent work done by the Conference in the interest of the peace and development of Central America, and of his deep and cordial interest in the future of their several Republics and his confident belief that the results of the Conference would be for the lasting and permanent good of each of the Republics. In addressing the Secretary of State when received by him. at the Department the delegates were most cordial in their references to his efforts to bring about a successful termination of the work of the Conference, and especially so in their allusions to the kindly and constant help that had been given by the Assistant Secretary, Hon. Robert Bacon, in the lengthy negotiations that preceded the Con- ference. At the last session the Conference designated Dr. Don Policarpo- Bonilla, of Honduras, and Dr. Jose Madriz, of Nicaragua, as the special committee of the Conference to visit Mexico to express to President Porfirio Diaz and to the Mexican minister for foreign affairs the thanks and acknowledgements of the delegates for the assistance extended by the Mexican Government. In this connection I desire to make especial mention of the excel- lent services rendered by his excellency the Mexican ambassador, Sefiior Don Enrique Creel, th^ representative of his Government in the Conference. His sincere interest in the work, his tact and prudence, coupled with his genial personality, made him a dominant factor in bringing about much of the excellent work done by the Conference. KECOMMENDATION Or AMNESTY. At its session on December 2 the Conference unanimously adopted a motion presented by Doctor Ugarte of the Honduras delegation, at the close of an eloquent address (a translation of which will be found herewith. as Inclosure 14), that the Conference simultaneously address each of. the Central American Republics, urging them in keeping with the Central American spirit of concord represented by the Conference then in session, to grant full amnesty for all political offenses and for common offenses connected with those of a political character. This resolution was transmitted by the president of the Conference by cable on December 20 to each of the Central American presidents in the following form : The Central American Peace Conference on happily closing its work to-day, has unanimously agreed to recommend to the Governments of Central America that they concede full amnesty for all political offenses and for offenseB con- nected with these. In communicating to your excellency this generous appeal we confide in your high sentiments in our hope that you will be good enough to thus crown our work with a measure that will be a token of reconciliation and fraternity and a worthy beginning of an era of concord for our Central American family. To this cablegram the following cable replies were received : FKOM THE PRESIDENT OF NICARAGUA. " Pleased to hear of happy termination of Central American Peace Con- ference. In accordance with high sentiments that animate the honorable dele- gates, my Government has already granted amnesty for political offenses. I congratulate the honorable delegates. " J. S. Zelata." 37200—08 2 18 CENTRAL, AMERICAN PEACE CONFERENCE. FROM THE PRESIDENT OF SALVADOB'. " Im;pressed with the pleasing appeal of the Conference. I have the honor to' advise you that vrith respect to Salvador, the Government has decreed arfl- nesty since the latter part of November. " President FiouEboa." FROM THE PRESIDENT OP COSTA RICA. " I applaud the generous appeal of the Conference. In Costa Rica amnesty" is unnecessary, because no on.e is at present suffering on account of political offenses or others connected therewith, or otherwise it would be pleasing to me to comply with the request of the Conference. " Gonzalez Viqubz." FROM THE PRESIDENT OF HONDURAS. " General amnesty decreed, according to Conference's desire. ' Davila." THE FORMAL CLOSING SESSION. The formal closing of the Conference took place at. 3 p. m., on December 20, all of the delegates being present, together with the representatives in the Conference of the Mexican and the United States Governments and the secretaries of the different delegations. The Secretary of State presided, as he had done at the opening session. The Assistant Secretary of State, Mr. Bacon; the Third Assistant Secretary of State, Mr. Wilson ; the first and second secre- taries of the Mexican embassj', Senores Godoy and Alvarez; the Director and Secretary of the Bureau of the American Republics, Mr. Barrett and Senior Yanes, and Mr. Wm. E. Curtis, a former director of the Bureau of the American Republics, were among those who witnessed the closing of the Conference. The address made by the president of the Conference, Dr. Don Luis Anderson, the remarks made by the Mexican ambassador, and the address made by Secretarj' Root on declaring the Conference closed will be found herewith as inclosures 15, 16, and 17, respec- tively. CONCLUSION. The delegates at the close of their work expressed themselves as most appreciative of the conveniences afforded them by the Depart- ment of State and the Bureau of the American Republics for the meetings of the Conference and were especially complimentary of the services rendered the Conference in the work of translation and in connection with the clerical force furnished delegates by Mr. W. T. S. Doyle, representing the Department of State. In concluding this report I desire to express my deep thanks for the honor conferred by my designation as the representative of the United States in the Conference. WiLLiAJi I. Buchanan. Buffalo, N. Y., March 'BO, 1908. Hon. Elihu Root, Secretary _of State, Washington, D. G. [IncloBure No. 1.] MINTITES OF THE PRELIMINARY CENTRAL AMERICAN PEACE CON'FER- ENCE, SEPTEMBER, 1907. [Translation.] PRBLIMINAET CONFEEENCE. First session. At half past 4 in tbe afternoon of the 11th of September, 1907, the diplomatic representatives of the five Republics of Central America met in the city of "Washington, that is to say : Don Joaquin B. Oalvo for Costa Rica, Don Fedfirico Mejia for Salvador, Dr. Luis Toledo Herrarte for Guatemala, Dr. Angel Ugarte for Honduras, and Dr. Luis Felipe Oorea for Nicaragua, there being also pres- ent Mr. Alvey A. Adee, Acting Secretary of State of the United States of America, and Mr. Jose F. Godoy, charge d'affaires of the United Mexican States. The session opened and was conducted as follows : First: Secretary Adee, in a brief and able address, stated the object of the Invitation extended to the representatives of Central America to enable them, under the hospitality of the Department of State, to discuss the question of the peace of those Republics, expressing the good will and the desire of the Amer- ican Government Of aiding as far as possible in the accomplishment of so beneficial a purpose. Second : Minister Godoy, in the name of his Government, adhered entirely to the sentiments expressed by Mr. Adee. Third: The nomination of ofiicers was then considered, and Ministers Galvo and Ugarte were elected president and secretary, respectively. Fourth: The president, Mr. Calvo, made a short exposition of the object of the prelimina:ry conference, which is to discuss a protocol to fix the place, date, and general bases for a conference of Central American plenipotentiaries, who should consider the means for preserving peace and good relations be- tween those Republics. Fifth : Mr. Corea stated, that he had not been empowered by his Government to discuss the points referred to, but that nevertheless he would remain at the meeting in his personal character and would ask instructions with a view to taking part officially in the future. Sixth: Mr. Toledo Harrarte said that he had precise instructions in regard to the fixing of the date and place of the Conference, but not for discussing or voting upon a protocol for that purpose. He added also that he would re- main at the session and would ask the instructions which he lacked. Seventh. Mr. Ugarte stated that he had full powers from his Government, and expressed the belief that the idea of the Conference was accepted in whole . by the Central American Governments, since it was spoken of in the telegrams from the Presidents of the United States and Mexico, which were accepted un- conditionally by those Republics, and that in discharging his mission he would meet the hopes and desires of his Government clearly defined in favor of peace. Messrs. Calvo and Mejia stated that they had full powers and instructions. Eighth. The place for the Conference was then voted upon, and, by the vote of Ministers Calvo. Mejia, Toledo Herrarte, and Ugarte, the city of Washington was selected. Ninth. The date for the meeting of the Conference being under discussion, It was settled by the same votes that it should open from the 1st to the 15th of November of the present year. Tenth. After the general reading of the proposed protocol, which is inserted below, it was discussed in detail, and was approved by the ministers of Costa Rica, Salvador, and Honduras, In their official character, and in their personal 19 20 CENTRAL AMERICAN PEACE CONFERENCE. character by the ministers of Guatemala and Nicaragua, pending the receipt of their respective instructions. The text of the protocol is as follows : " We, the representatives of the five Republics of Central America, having met in the city of Washington on the initiative of their Excellencies the Presi- dents of the United States of America and -of the United Mexican States, to settle upon the means of preserving the good relations between the said Repub- lics and of obtaining an enduring peace in those countries ; and with the purpose of fixing upon the bases for bringing to a realization these ends, being duly authorized by our respective Governments, have agreed to the following : "Abxiole I. Upon receipt of the formal invitation which, as is understood, will be issued simultaneously to each one of the five Republics of Central America, by their Excellencies the Presidents of the United States of America and of the United Mexican States, a Conference of the plenipotentiary representatives, which the governments of the Republics referred to shall appoint for that pur- pose — that is to say, Costa Rica, Salvador, Guatemala, Honduras, and Nica- ragua — will meet in the first fifteen days of November next, in the city of Washington, to discuss the steps to be taken and the measures to be adopted for the purpose of adjusting any differences which exist between the said Re- publics or between any of them, and for the purpose of concluding a treaty which shall define their general relations. "Abticue II. Their Excellencies the Presidents of the Republics of Central America will invite their Excellencies the Presidents of the United States of America and of the United Mexican States to appoint, if agreeable to them, their respective representatives who, in a purely friendly character, shall lend their good and impartial offices toward the realization of the purposes of the Conference. "Aeticlb III. While the Conference is in session and discharging the high mission intrusted to It, the five Central American Republics — that is to say, Costa Rica, Salvador, Guatemala. Honduras, and Nicaragua — agree to main- tain among themselves peace' and good relations, and they assume, respectively, the obligation not to commit, nor to permit to be committed, any act that can dis- turb the mutual tranquillity. To such end, all display of arms on the respective frontiers shall cease and the maritime forces shall be withdrawn to their juris- dictional waters. "Article IV. If, unfortunately, any unforeseen question should arise between any of the said Republics while the Conference Is in session, and if it c^n not be settled by amicable diplomatic course, it is mutually agreed that the Interested parties shall submit the difference to the friendly advice of His Excellency the President of the United States of America, or of the United Mexican States, or of both Presidents conjointly, according to the case, and in conformity with the agreement to this effect which may be reached." Eleventh. The session adjourned at 6 o'clock In the afternoon. Signed at Washington on the 11th of September, 1907. J. B. Calvo, President. F. MbjIa. Ltjis Toledo Herrarte. Ltjis F. Cobea. Ang£;l Ugarte, Secretary. second session. The second session was opened In the city of Washington at 4 o'clock in the . afternoon of the 16th of September, 1907, there being present, as In the previ- ous session, the diplomatic representatives of the five Republics of Central America — Messrs. Calvo, Mejia, Toledo Herrarte, Ugarte, and Corea, and Mr. Adee, Acting Secretary of State of the United States, and Mr. Godoy, charge d'affaires of the United Mexican States. First : The minutes of the previous session were read and approved. Second: The representatives of Guatemala and Nicarauga stated they had received from their Governments the necessary powers to sign the protocol In- serted in the foregohig minutes, and, after the reading of this document, solemn signature was given to the seven copies which had been made for the represent- atives of Central America and Secretary Adee and Mr. Godoy, who, in the name of their respective Governments, attended the preliminary conference. Third: It was agreed by acclamation to give to their Excellencies the Presi- dents of the United States of America and of the United Mexican States the CENTBAL AMEBIOAN PEACE COITFERBNOE. 21 most sincere thanks for their laudable and disinterested efforts on behalf of the peace of Central America, giving due recognition to His Excellency President Roosevelt for the good -will he has shown in consenting that the Peace Confer- ence be held in Washington ; and to His Excellency President Diaz for the gen- erous offers of the same nature, and, as regards Mexico, which he has been pleased to make. Fourth : It was agreed to preserve in a special book the minutes of the ses- sions of the preliminary conference which, signed by all the representatives of Central America, should be presented to the delegates who, by designation of their respective Governments, shall constitute the forthcoming Central American Peace Conference. Fifth : The work of the preliminary conference being terminated, the session adjourned at 6 o'clock in the afternoon. Signed at Washington the J7th of September, 1907. J. B. Calvo, President. Ang^il Ugaete, Secretary. F. MEjiA. Litis Toledo Herrarte. Luis F. Coeea. [Inclosure No. 2.] CENTRAL AMERICAN PEACE CONFERENCE. RULES OP PROCEDURE. Article I. The Conference shall have for a basis in its deliberations and reso- lutions Article I of the protocol of September 17, 1907, signed in Washington by the ministers plenipotentiary of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador. Article II. The Secretary of State of the United States of America, or the person he shall designate, shall open the first session of the Conference. The representatives of Their Excellencies the President of the United States of America and of the United Mexican States, appointed in accordance with Article II of the protocol, shall occupy places of honor in the Conference. Article III. There shall be a president and two secretaries of the Conference, elected by a vote of absolute majority of the delegations. The numerical order of the delegations shall be determined by lot for the pur- pose of establishing the precedence of their seating and the turn in which each shall fill the vacancy which may be In the presidency. The delegation which has the right of filling the presidency at any session shall designate the delegate who shaU discharge the duties of vice-president. Article IV. The functions of the president are: 1. To direct the sessions of the Conference and to bring up for discussion, in their turn, the matters included in the order of the day. 2. To see that each matter submitted to the Conference is referred to a com- mittee, unless it be agreed by a vote of majority to take it into immediate consideration. 3. To give the floor to delegates in the order in which they ask it. 4. To decide questions of order which arise in the discussions; provided, however, that if any delegation shall request it, the decision given shall be put to vote by the Conference. 5. To call for a vote and to announce to the Conference the result of the vote. 6. To acquaint the Conference, through the secretaries, and at the conclusion of each session, with the subjects which are to come up in the next session; but the Conference may make such changes as may seem proper, whether in respect to the hour of meeting or the order in which the pending questions are to be discussed. 7. To direct the secretary, when the minutes have been approved, to give an account to the Conference of the matters which have arisen since the previous session. 2-2 CENTRAL AMERICAN PEACE CONFEBENCE. 8. To take any necessary measures to maintain order and to have the rules strictly carried out. Article V. The functions of the secretaries are : 1. To organize the oflBce with the necessary employees. 2. To receive, distribute, and answer the official correspondence in accordance with the directions of the Conference. 3. To keep, or cause to be kept, reports of the sessions, and to superintend their printing and distribution to the delegations. 4. To distribute to the committees the subjects upon which they are to make recommendations, and to put at the disposal of said committees everything necessary for the discharge of their work. 5. To draw up the order of the day, in accordance with the instructions of the president. Abticle VI. The Conference shall meet on the days and at the hours named by the president. Aeticle VII. For a quorum, it is necessary that all of the delegations shall be represented at the session by some of its members. Abticle VIII. When the session is called to order, the minutes of the previous session shall be read by the secretary, unless the reading Is dispensed with. Note shall be made of the remarks which any delegate may make regarding the minutes, and the Conference shall then proceed to approve them. Abticle IX. The order of the day being brought up by the president, the Conference shall discuss it first generally, and those matters which are approved shall be then discussed in detail, the discussion including each of the articles of which the project is composed. Article X. By a vote of four of the delegations, the Conference may dispense with the usual procedure and take into immediate consideration any matter, dis- • cussing it generally or in detail. Article XI. The amendments proposed to the proposals in debate shall be re- ferred to a committee, when the Conference so agrees, and shall be voted upon before the article or proposal whose text it is proposed to alter. Article XII. The delegation of each Republic shall have one vote. The vote shall be taken by affirmative or negative sign, unless any delegate shall ask that it be by roll call or by ballot. In the last case, each delegation shall deposit in a ballot box a paper contain- ing the name of the State it represents and the vote it gives. The secretary shall read the ballots aloud and so count the votes. Article XIII. The Confei-ence shall not vote upon any motion or proposition except when all of the delegations are represented at a session. Article XIY. The resolutions of the Conference shall be adopted unanimously, except in the instances provided for in these rules ; provided, however, that those resolutions upon which three or more delegations are in accord shall be consid- ered as obligatory upon them, and as a recommendation for the others. Article XV. No delegation shall speak more than three times upon the same subject, nor more than twenty minutes each time. Any delegate, however, has the right to the floor for as much as five minutes, for a question of order, to reply to personal allusions, or to explain his vote, and the author of a project may speak once again, but not to exceed twenty minutes. Article XVI. Any delegate may submit to the Conference his opinion upon the matter or point under discussion, and request that it be included in the minutes of the session at which it is presented. Article XVII. The deliberations of the Conference shall be secret, and there- fore access to the Conference Hall shall only be had by the secretaries of the delegation, the Director of the International Bureau of the American Republics, and the employees of the Conference. Article XVIII. The secretary, at the close of each session, shall draft a state- ment for the press, which shall contain a brief account of what has taken place in the session and the text of the resolutions adopted or definitely rejected. The delegates who desire to do so may furnish the secretaries with a brief rSsumfi of their discourses, and in such case the statement furnished to the press shall refer to the rgsumg, and it shnll be added thereto. The secretary shall keep a book to preserve copies of the statements or ex- tracts given to the press. Article XIX. The recommendation of the committees, and the projects and antecedents to which they refer shall be printed in Spanish and English. Article XX. The minutes approved by the Conference shall be signed by the president and secretaries, and shall be printed in Spanish and English, double OENTEAL AMERICAN PEACE CONrERENOE. SB column pages, and in sufficient number for the use of the delegations. The original minutes and other documents of the Conference shall be deposited in the archives of the international Bureau of American Republics. Abtioi/B XXI. At the next to the last session, the written or printed copy of the minutes, in Spanish and English, shall be discussed and approved, and the paper shall include the resolutions and recommendations discussed in the Con- ference and approved during the sessions. The original copy of the minutes shall be signed by all the delegations. Article 35X11. These rules of procedure may be amended by four votes. [Inclosure No. 3.] MINUTES OF THE CENTRAl AMERICAN PEACE CONFERENCE (Preliminary sessions). NOVEMBER, 1907. [Translation.] Pbepakatoby Meetings. First preparatory session. By virtue of the provisions of the protocol signed on the 17th of September, 1907, in the city of Washington, there gathered in the office of the Ipternational Bureau of American Republics, at 3.45 p. m. of the 12th of November, 1907, the delegates of Costa Rica, Dr. Luis Anderson and Don Joaquin B. Calvo; of Guatemala, Dr. Antonio Batres Jiuregui, Don Victor Sanchez Ocafia, and Dr. Luis Toledo Herrarte ; of Honduras, Doctor Policarpo Bonilla, Don B. Con- stantino Fiallos, and Doctor Angel XJgarte; of Nicaragua, Dr. Luis Felipe Corea ; and of Salvador, Dr. Salvador Gallegos, Dr. Salvador Rodriguez 6., and Don Federico Mejia, proceeding in the following manner : First-: JXr. MejIa proposed that Messrs. Cairo and ITgarte, who were chosen president and secretary at the preliminary Conference, should continue pro- visionally to exercise those offices. Second : The programme of work was discussed, and Doctor Gallegos sub- mitted a draft of rules as a basis for discussion. Third : It was agreed that a committee composed of the delegates Anderson, Batres, Bonilla, Corea, and Gallegos, should draw up, in the form of articles, the draft of rules above referred to. Fourth: Mr. Corea suggested that a programme covering the worli of the Conference should be made up, and it was decided that this matter should be included in the redaction of the rules. Fifth : The session took recess for an hour. Sixth: The session being called to order, the project presented by the com- mittee was read and it was agreed to discuss it at the next session. Seventh : The session adjourned at 7 p. m. J. B. Calvo, President. ANGfiL XJgarte, Secretary. Seoo^ul preparatory session. ' Convened at 3 p. m. of the 13th of November, 1907, in the reception room of the International Bureau of American Republics, the same delegates who were at the previous session, and also Doctor iladriz, delegate for Nicaragua, began business as follows: First : The minutes of the previous session were read and approved. Second : Then took place the reading and discussion of the draft of rules sub- mitted by the committee, articles 1 and 2 being approved. Third. In the discussion of article 3 Delegate Toledo Herrarte moved that it be modified so as to provide that the five delegations should alternate in the presidency. Delegates XJgarte and Anderson objected to the motion, and it was rejected by four votes. With regard to the same article motion was made by Delegate Corea that two secretaries be elected instead of one, and this was approved. 24 CENTRAL AMERICAN PEACE CONFEEENCB. Fourth : Article 4 was approved, and article 5 was suppressed as unneces- sary, upon motion of Delegate TJgarte. Fifth : Articles 6, 7, 8, and 9 were approved with slight verbal modifications. Sixth : Article 10 being read, it was approved with the modification " four " in place of "two-thirds," upon motion of Delegate Mejia. Seventh: Articles 11 and 12 were amended, giving them greater clearness, upon motion of Delegate Bonilla. Eighth: Article 13 was approved. Ninth: Articles 14 and 15 were read, and the delegates, not being able to agree in regard to them, suspended discussion, on motion of Delegate Bonilla. The committee on rules reconsidered them, and the following form was sub- stituted : "The resolutions of the Conference shall be adopted unanimously, except In the instances provided for in these rules: Provided, however. That those resolutions upon which three or more delegations are in accord shall be con- sidered as obligatory upon them and as a recommendation for the others." Tenth : Article 16 was approved. Eleventh : Article 17 was modified, on motion of Delegate Anderson, omitting therefrom ideas which were deemed unnecessary. Twelfth : Article 18 was approved, and a further article was added, as follows : " Each delegate may submit to the Conference his opinion upon the matter or point under discussion, and request that it be included in the minutes of the session at which it is presented." Thirteenth: Article 20 was suppressed. Articles 21, 22, and 23 were ap- proved, with some amendments proposed by Delegates Bonilla and Madriz, and the rules were concluded as follows •} Fourteenth: The, selection of president of the Conference was thereupon pro- ceeded with, and Delegate Anderson was chosen for this post by four votes, the Costa Rican delegation having voted for Doctor Gallegos. Fifteenth : On motion of Delegate Oallegos, lots were cast for the precedence of the delegations, in conformity with Article III of the rules, resulting in the following order : Nicaragua, Salvador, Guatemala, and Honduras. Sixteenth : Delegate Rodriguez was chosen for secretary by five votes, and likewise Delegate Madriz by three votes. Seventeenth : A committee was named, composed of Delegates Batres, Bonilla, and Corea, to accompany the Secretary of State to the place of the Conference; another committee, composed of Delegates Mejia and Sanchez Ocana, to ac- company Ambassador Creel : and another, composed of Delegates Fiallos and Madriz, to accompany Mr. Buchanan. Eighteenth : A committee was appointed, composed of Delegates Calvo and tJgarte, to receive, at the door of the reception room of the Conference, the Secretary of State, Ambassador Creel, and Mr. Buchanan. Nineteenth : The delegates to the Conference voted, by acclamation, expres- sion of thanks to Delegates Calvo and TJgarte, president and secretary, respec- tively, of the preparatory sessions, for the services they had given in those capac- ities; and Twentieth : The session adjourned at 8.30 p. m. J. B. Calvo, President. AwGfe TJgabte, Secretary. [Inclosure No. 4.] (INATJGTIRAL SESSION.) At 2.30 in the afternoon on the 14th of November, 1907, in the city of Wash- ington, the delegates of the five Central American Republics assembled at the Central American Peace Conference, as follows: The Hon. Luis Anderson and Don Joaquin Bernardo Calvo, for Costa Rica ; Drs. Don Jos6 Madriz and Don Luis Felipe Corea, for Nicaragua ; Dr. Don Salvador Gallegos, Dr. Don Salvador Rodriguez G., and Don Federico MejIa, for Salvador ; the Hon. Antonio Batres Jfi/Uregui, Dr. Don Luis Toledo Herrarte, and Don Victor Sanchez Ocana, for Guatemala ; and Dr. Don Policarpo Bonilla, Dr. Don Angel TJgarte, and Don H. ' For rules see page 21. OENTEAIi AMEEIOAN PEACE CONPEEENCE. 25 Constantino Fiallos, for Honduras. There were also present His Excellency Mr. Elihu Root, Secretary of State of the United States of America ; His Excel- lency Enrique C. Creel, the Ambassador of the United Mexican States and the Representative of the Government of Mexico at the Conference ; His Excellency Robert Bacon, Assistant Secretary of State of the United States of America; His Excellency William I. Buchanan, the Representative of the Government of the United States of America at the Conference, and Mr. Jos6 F. Godoy, secre- tary of embassy of Mexico. The session commenced as follows: First : Delegate Calvo, as president of the preliminary Conference, Introduced Secretary Root, vs^ho tooli the chair and declared the Peace Conference opened. Second: Secretary Root delivered a brief address, greeting the members in the name of the Government of the United States, and expressing his desire that the Conference should bring about the permanent peace of Central America. The ambassador of Mexico then read an address, in which he expressed the fraternal attitude of his Government toward Central America and its good wishes for the successful outcome of the Conference. In the name of the Conference, Mr. Anderson replied to both addresses. Third : Delegate Ugarte, secretary ad interim, read the protocol of the 17th of September, which is to serve as the basis for the work of the Conference, and the minutes of the preliminary sessions held by the plenipotentiaries of Central America. The reading of one of the minutes of the preliminary ses- sions of the Conference was dispensed with. Fourth: Mr. Root named Messrs. JosS Madriz and Salvador Rodriguez G. secretaries ad interim of the Conference. Fifth : The secretary read the list of members of the delegations in the order in which they appear in the diplomatic list of the Department of State at Washington. Sixth : The communication from the Department of State of the 11th instant was then read, which convened the delegates of the five Republics to a meeting in this city In the International Bureau of American Republics at 2.30 o'clock this afternoon. Seventh: On motion of the Secretary of State, a committee was appointed, composed of Messrs. Calvo, Toledo Herrarte, Fiallos, Corea, and Mejia, to examine the credentials of the delegates. Eighth: The committee on credentials reported that all the credentials were in due form. Ninth : On the motion of the Secretary of State, steps were taken to elect a president of the Conference. Delegate Luis Anderson was elected by four votes — Costa Rica having voted for Dr. Salvador Gallegos. The Secretary of State announced the result of the election and turned over the chair to Mr. Anderson. Tenth : The president invited the Conference to choose permanent secretaries. Delegate Madriz was elected by 4 votes and Delegate Rodriguez G. unani- mously. Doctor Fiallos received the vote of the delegation of Nicaragua. Eleventh: It was then proceeded to elect honorary presidents of the Con- ference, and His Excellency Elihu Root, the Secretary of State of the United States of America, and His Excellency Don Ignacio Mariscal, secretary of state of the United Mexican States, were elected by acclamation. Twelfth : The president appointed a permanent committee on rules, composed of Messrs. GaUegos, Batres Jauregui, and Bonilla. The session adjourned at 4.20 p. m. Luis Andeeson, F. MejIa, Antonio Bathes Jaukegui, J. B. Calvo, VICTOR SANCHEZ O., LUIS TOLEDO HeBEABTB, Ang£l Ugarte, E. Constantino Fiallos, PoLicARPO Bonilla, Luis F. Corea, JoBt Madriz, Salvador Rodriguez G., Salvador Gallegos, Delegates to the Peace Conference. 26 CENTRAL, AMERICAN PEACE CONFEEENCE. [Inclosure No. 4a.] ADDRESS OF THE HON. ELIHU ROOT, SECRETARY OF STATE OF THE UNITED STATES, WHEN CALLING THE CONFERENCE TO ORDER ON NO- VEMBER 14, 1907. Mr. Ambassador and Gentlemen of the Five Centbal American Republics : Usage devolves upon me as the head of the foreign oflBce of the country in which you are assembled to call this meeting together ; to call it to order and to preside during the formation of your organization. I wish to express to you, at the outset, the high appreciation of the Government of the United States of the compliment which you pay to us in selecting the city of Washington as the field of your labors in behalf of the rule of peace and order and brothertiood among the peoples of Central America. It is most gratifying to the people of the United States that you should feel that you will find here an atmosphere favor- able to the development of the ideas of peace and unity, of progress and mutual helpfulness, in place of war and revolution and the retardation of the principles of liberty and justice. So far as a sincere and friendly desire for success in your labors may furnish a favorable atmosphere, you certainly will have it here. The people of the United States are sincere believers in the principles that you are seeking to apply to the conduct of your international affairs in Central America. They sincerely desire the trivimph and the control of the principles of liberty and order everywhere in the world. They especially desire that the blessings which follow the control of those principles may be enjoyed by all the people of our sister Kepublics on the Westerri Hemisphei-e, and we further believe that it will be, from the most selfish point pt view, for our interests to have peaceful, pros- perous, and progressive Kepublics in Central America. The people of the United Mexican States and of the United States of America are now enjoying great benefits from the mutual Interchange of commerce and friendly intercourse between the two countries of Mexico and the United States. Prosperity, the increase of wealth, the success of enterprise — all the results that co.me from the intelligent use of wealth — are being enjoyed by the people of both countries, through the friendly intercourse that utilizes for the people of each country the prosperity of the other. We in the United States should be most happy if the States of Central America might move with greater rapidity along the pathway of such prosperity, of such progress, to the end that we may share, through commerce and friendly intercourse, in your new prosperity and aid you by our prosperity. We can not fail, gentlemen, to be admonished by the many failures which have been made by the people of Central America to establish agreement among themselves which would be lasting, that the task you have before you is no easy one. The trial has often been made and the agreements which have been elaborated, signed, ratified, seem to have been written in water. Yet I can not resist the impression that we have at last come to the threshold of a happier day for Central America. Time is necessary to political development. I have great confidence in the judgment that in the long course of time, through successive steps of failure, through the accompanying education of your people, through the encouraging examples which now, more than ever before, surround you, success will be attained in securing unity and progress In other countries of the New Hemisphere. Through the combination of all these, you are at a point in your history where it is possible for you to take a forward step that will remain. It would ill become me to attempt to propose or suggest the steps which you should take, but I will venture to observe that the all-important thing for you to accomplish is that while you enter into agreements which will, I am sure, be framed in consonance with the most peaceful aspirations and the most rigid sense of justice, you shall devise also some practical methods under which It will be possible to secure the performance of those agreements. The mere declaration of general principles, the mere agreement upon lines of policy and of conduct are of little value, unless there be practical and definite methods provided by which the responsibility for failing to keep the agreement may be fixed upon some definite person, and the public sentiment of Central America brought to bear to prevent the violation. The declaration that a man is en- titled to his liberty would be of little value with us in this country were It not for the writ of habeas corpus that makes it the duty of a specific judge, when applied to, to inquire into the cause of his detention and set him at liberty if he CENTEAl, AMERICAN PEACE CONFERENCE. 27 is unjustly detained. The provision whicli declares that a man should not be deprived of his property virithout due process of law would be of little value were it not for the practical provision which imposes on specific officers the duty of nullifying every attempt to take away a man's property without due process of law. To find practical definite methods by which you shall make it somebody]s duty to see that the great principles you declare are not violated, by which if an attempt be made to violate them the responsibility may be fixed upon the guilty individual — those, in my judgment, are the problems to which you should specifically and most earnestly address yourselves. I have confidence in your success, because I have confidence in your sincerity of purpose, and because I believe that your people have developed to the point where they are ready to receive and to utilize such results as you inay work out. Why should you not live in peace and harmony? You are one people in fact, your citizenship is interchangeable — your race, your religion, your customs, your laws, your lineage, your consanguinity and lineage, your social relations, your sympathies, your aspirations, and your hopes for the future are the same. It can be nothing but the ambition of individuals who care more for their self- ish purposes than for the good of their country that can prevent the people of the Central American States from living together in peace and harmony. It is my most earnest hope, it is the hope of the American Government and people, that from this Conference may come the specific and practical measures which will enable the people of Central America to march on with equal step abreast of the most progressive nations of modern civilization, to fulfill their great destinies in that brotherhood which nature has intended them to preserve and to exile forever from that land of beauty and of wealth incalculable the fraternal strife which has hitherto held you back in the development of your civilization. [Inclosiire No. 4b.] ADDRESS OF HIS EXCELLENCY THE MEXICAN AMBASSADOR, DON ENRIOUE C. CREEL, AT THE INAUGURAL SESSION OF THE CONFERENCE. Gentlemen of the Central American Delegations : Allow me to bid you all, in the name of the people and the Government of Mexico, which I have the honor to represent on this solemn occasion, the heartiest welcome, and to express my most sincere good wishes for your personal welfare and for the success of the missions your i-espective governments have intrusted into your hands. You come to Washington, gentlemen, on such a far-reaching, noble, and lofty errand, to perform a work of such lasting results, that I do not hesitate to say that if heretofore you have been known in Central America as distinguished jurists, diplomats of experience, and ardent patriots, your names will hence- forth be a household word in the entire American Continent, as they can not remain confined within the frontiers of any one particular region, and will symbolize, whenever pronounced, the greatest of blessings that a people, that mankind, may enjoy. Your names will spell, peace, holy peace, and its follower, liberty, to which is due the greatness of the country which at this moment gives you such affectionate hospitality. The Mexican Republic is bound to the Central American countries by common bjood ties, historical traditions, language, geographical proximity, community of interests, and similarity of political institutions, and General Porfirio Diaz saw with particular pleasure the opportunity offered him to cooperate in helping the five sister republics to lay the foundations of a peace to which they are entitled, and that will undoubtedly bring them such great benefits as Mexico has secured. The joint suggestion, signed by the chief executive of my country and the emi- nent statesman now President of the United States of America, has brought you here, under the roof of the International Bureau of the American Republics, which is, if I may so express it, the common home of all the nations on this continent. For many years what was formerly Spanish-America has been enjoying peace, achieving material progress, and successfully striving to practically establish the institutions we inherited from our forefathers. The revolutionary germs seem to exist (and with particular vigor) only in the most central portion of the continent, where the two portions of America which are destined to live In a close fraternal union meet. Why should it be strange, then, that the countries 28 CENTRAL AMEKICAN" PEACE CONFERENCE. nearest to yours extend their friendly mediation, and in case of necessity their frank assistance, that you may come to a mutual understanding and weld together the link of common love, tendencies, and interests, which will be the basis of your future prosperity? Neither the- United States nor Mexico craves territorial expansion, nor is either desirous of intervening in your affairs, nor do they ask aught but to see you peaceable, strong, and prosperous countries. Mexico and the United States are convtuced that such will be the result obtained by your energy, patriotism, and good will, after honest deliberations, latent upon securing peace for the five Central American Republics on the basis of eternal justice. Peace has always been the greatest boon to mankind. But when population and elements of wealth increase, and the level of civilization becomes higher, and the principles of justice and respect for property become more solid ; when a higher estimate is put upon the life of man, it is then that tranquillity becomes more valuable in the world, its rule controls as a supreme necessity, as the greatest of all blessings, the mainspring of patriotism, and the unmovable basis of national autonomy. The world moves on. The various manifestations of progress reach every- where; earthly civilization becomes universal, demanding that each and every people in the world share in its benefits. When civilization finds no barriers nor suitable surroundings, it directs to that spot all its energies and its life- giving elements of wealth. But when war, disorder, and extermination block the way and oppose the great force of civilization, then conditions become dan- gerous both at home and abroad ; thence proceed retrogression and the elements of International difficulties. The peoples of to-day can not dwell in isolation, linked as life is to the com- mon cause of human progress, and it is only in the midst of peace that the preservation of national integrity can be conceived. When that support is wanting, autonomy is in danger, and the wrongs and the damage done may be Irreparable. The present tendency of civilized countries Is clearly toward peace, as shown by The Hague tribunal; by the several peace and arbitration congresses and conferences organized or to be organized in advanced nations : as advocated by the public press in ^all countries, irrespective of political parties or religious creed ; as taught in schools and universities. Peace is the yearning cry of humanity. No mistake could be greater, no blindness darker, than to oppose those tendencies. Any and all sacrifices seem small when made to obtain a solid, unmolested, firm peace. This Is not all, however. Before long America will witness a great event — the opening of the Panama Canal. This gigantic undertaking will mark the commencement of a new era for Pan-American progress. This great work will facilitate the means of communication and at the same time will bring together in closer bonds the nations of this hemisphere, giving greater impulse to their international commerce. To achieve this it will be necessary to make great improvements to ports, to undertake expensive sanitary works, to build many railway lines, banks, commercial houses, and to consolidate both the in-' ternal and foreign public credit. And in order to enjoy all these benefits we need peace in America; a peace to be uninterrupted in every one of the nations of this hemisphere. To disturb that peace would be* more dangerous then than it is at present. This Is the right moment to build the proper foundations and to secure among you all that harmony in which the North, Central, and South Americans are so deeply Interested. Tou possess admirable elements of life, sources of unexplored riches, im- mense tracts of uncultivated lands, a coast line of incomparable value. All you need is that men work instead of killing one another; capital to flow to your countries at your request, instead of shunning your countries for fear of wars. If my judgment of your affairs is not erroneous, your disputes turn upon issues which are simple and, above all, susceptible of pacific adjustment. Boundary questions, questions of wrongs to citizens, territorial Invasion, and many others, which can not be prevented between adjoining countries, may be easily and peaceably settled according to such general rules as you may adopt at this Conference; and civil or foreign wars will only come when, unfortu- nately, great calamities must come; and then as often as wars now occur In the civilized countries of the world, and not as frequently as tbey now fall upon the savage hordes of uncivilized countries. CENTRAL AMEBIOAN PEACE CONPEEENOE. 29 To attain these conditions it is necessary not to seek to gain advantages, nor to claim predominance ovgr one another, nor redress of wrongs, nor yet lose control of one's temper. The object of this Conference is nobler and loftier. It is to seek in good faith the means of doing justice. Your clear intelligence and patriotism will surely find it, and when found it must be embodied in a treaty of very long duration. This is what the world expects of the high rep- resentation of your respective Governments; this is what Mexico and the United States of America expect, because they will, in perfect good faith, seal that treaty as a moral guaranty of an honest and steadfast purpose, as a token of love for peace, and as an evidence of confraternity, sympathy, and justice to the countries you represent. Moreover, the Conference has a significance and teaching of the highest interest to humanity, because it is a further step in the peaceful solution of international difficulties by means of reason and justice, through a perfect un- derstanding and a just analysis of the facts, through the quiet and tranquil justice of illustrious jurists and statesmen, and because it draws us nearer the creation of tribunals which, exalting their mission, do justice as between the nations as they now do it between individuals of society. Your own countries, the civilization of America, and the peace of the whole world expect much of you gentlemen. Your knowledge of the character and historical conditions of your charming countries will serve you in aiding you to advance now at a single step more than you could possibly do in a number of years under present conditions. In such a work, as fine as it is, worthy of the efforts of good patriots and men of rank, you may always count on the good will of the Mexican Govern- ment. Gentlemen, may the treaty of Washington carry in its very soul the lofty Ideals of the Latin race to which we belong, and may its form be as solid and strong as the great American people identified with us in this common work of order, civilization, and progress. May this be as perpetual a treaty as will always be the unchangeable good faith and love of peace of the two Republics, your friends, who have Invited you to take up this humanitarian task. [Inclosure No. 4c.] ADDRESS OF HIS EZCELLEITCY SENOR DON LUIS ANDERSON, DELEGATE AND MINISTER FOR FOREIGN AFFAIRS- OF COSTA RICA AT THE IN- ATTGURAL SESSION OF THE CONFERENCE ON NOVEMBER 14, 1907, REPLYING ON BEHALF OF THE DELEGATES TO THE CONFERENCE TO THE ADDRESSES MADE BY THE SECRETARY OF STATE AND THE MEXICAN AMBASSADOR. YouE Excellencies : Your words move us deeply and will reecho among our brothers in Central America as the good news that calls us to a better life, as the smiling promise of an era of peace, justice, and prosperity which will allow the Central American Republics to play the part in human progress that modern civilization has reserved for each member of the great family of nations; and to start again, strengthened by the bitter experiences of a tempestuous past, but at the same time encouraged by the consciousness of their proper destinies. The solemn inauguration of this Central American Peace Conference by the honorable Secretary of State, on which occasion we have also listened to the eloquent, wise, and kind words of his excellency the ambassador of the United Mexican States, which jointly constitute a symbol of American confraternity, marks In the history of our people the epoch that separates the past from the future, the time when war and revolution will sink, never to rise, to give way to peace, progress, and tranquillity. It is the beginning of an era to which the spirit of the century urgently calls us. Civilization can not allow that In the family of nations there be one which does not work for or contribute to the common benefit the full extent of its energies and of the wealth with which nature has endowed It, because all nations are united in human progress. Admirably situated between two continents, with extensive coast lines on both oceans, with an exceedingly rich soil, suitable for all kinds of products, with mountains full of gold and silver — in fine, with such wealth that It would 30 CENTRAL AMERICAlir PEACE CONEEEENCE. seem nature took pride in scattering over those lands all its wealth with a prodigal hand — Central America is in duty bound to render to civilization, through universal interchange, all the benefits that its privileged situation demands ; and, nevertheless, I lament to say this — ^we are backward in fulfilling this duty, because the futile strifes in which some of the Republics have con- sumed their energies have separated us from the ideals our forefathers con- templated when they, regardless of sacrifice, gave us our country and liberty. It was a divine inspiration which led the Presidents of our sisters of the north, when Central American soil was threatened to be dyed with the blood of brothers, to raise their friendly voices bidding the fratricidal arm to stop and calling us to Washington to undertake, in a brotherly conference, the work of peace, which elevates and dignifies nations and leads them along the road to civilization and happiness. Through this generous and humanitarian action Presidents Roosevelt and Diaz have won new laurels, have written a new page of glory in the history of their respective countries, but above all have won for themselves a place in the heart of each one of the citizens of the five Central American countries. The names of Roosevelt and Diaz will always be remem- bered with gratitude by the humble citizens of those countries, those whose hands are hardened by toil and whose faces are tanned by the tropical sun, who will be the most directly benefited by a stable peace, because the simple peasant, who is compelled to exchange the plow for the sword, goes to war but does not love war. Our peoples are not warlike, and the only part they have played in the several wars which from independence to our day have stained the Central American soil with blood is that of dying with heroism and self-denial for a cause which they have not understood- The Central American wars have never been wars between nations, but wars between Governments. The disturbances which have taken place in some of the Central American Republics, and their tremendous resultant calamities, are above all the outcome of abuse, or rather forgetfulness of liberty, the protecting goddess of nations, under whose radiant guidance nations become great, rith, and strong. For lib- erty is a jealous goddess, more jealous even than the God of Israel, and pim- Ishes with an implacable hand the countries which do not properly worship her and produces misery and anarqhy, which are more terrible even than all the biblical plagues. If, in the Washington Conference, we turn our eyes toward liberty : if we make provision necessary in order that our countries, free from past errors, may enter anew upon a life of real democratic solidarity; if we bring it about that the Governments of our five countries do not remain indefinitely in power but are both in their origin and in their acts a free expression of the will of the people ; in fine, if we succeed in establishing that the rights of man, the noblest inheritance of the human race, which are embodied in all our constitutions but sometimes sadly forgotten, become really effective, become something like the backbone of our institutions and of our social and political organization — in short, if we enter in all sincerity into a constitutional life, we shall have done great good to our countries, and the generous hope of Presidents Roosevelt and Diaz will be realized. Let us direct our efforts to the end that respect for the liberty of individuals and of States shall be a reality. Let us admit and guarantee the government of the people and for the people in each one of the Central American nations, and then peace will be assured and the road to our happiness and perfection will be clear. I believe I interpret thie sentiment and the patriotic feelings of each one of the delegates when I say that we feel sure that we vvill reach that goal, and, there- fore, our gratitude to those who have aided us in this praiseworthy work will be sincere. Which one of our nations will show so little of patriotism as to re- fuse to ratify such effective means of procuring us happiness? [Inclosure No. 5.] TRATADO GENERAL DE PAZ Y AMISTAS. Los Gobiernos de las Republicas de Costa Rica, Guatemala, Hon- duras, Niearagtia y el Salvador, deseando establecer las bases que fijen las relaciones generales de dichos paises, ban tenido a bien celebrar un Tratado General de Paz y Amistad, que Uene aquel fin, y al efecto ban nombrado Dele- gados : Costa Rica: a los Excelentisi- mos Sefiores Licenciado Don Luis Anderson y Don Joaquin B. Calvo ; Guatemala: a los Excelentisi- mos Senores Licenciado Don An- tonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocana ; HoNDtTRAs: a los Excelentisi- mos Seiiores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos ; NicAEAGTTA : a los Excelentisi- mos Senores Doctores Don Jose Madriz y Don Luis F. Corea ; y EL Salvador : a los Excelentisi- mos Senores Doctor Don Salvador Gallegos, Doctor Don Salvador Rodrigttez Gonzalez y Don Fe- derico Mejia. En virtud de la invitacion hecha conforme al Articulo II del Pro- tocolo firmado en Washington el 17 de Setiembre de 1907 por los Representantes Plenipotenciarios de las cinco Republicas Centro americanas, estuvieron presentes en todas las deliberaciones los Ex- celentisimos Seiiores Represen- GEWERAL TREATY OF PEACE AND AUITY. The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, aiid Sal- vador, being desirous of establish- ing the foundations which fix the general relations of said countries, have seen fit to conclude a general Treaty of Peace and Amity which will attain said end, and for that purpose have named as Delegates : CosTA Rica: Their Excellencies Doctor Don Luis Anderson and Don Joaquin B. Calvo ; Guatemala : Their Excellencies Doctor Don Antonio Batres Jau- regui, Doctor Don Luis Toledo Herrarte, and Don Victor San- chez Ocaiia. Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte, and Don E. Constantino Fiallos; / , Nicaragua: Their Excellencies Doctors Don Jose Madriz and Don Luis F. Corea ; and Salvador : Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez Gonzalez, and Don Federico Mejia. By virtue of the invitation sent in accordance with Article II of the protocol signed at Washing- ton on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Re- publics, their excellencies, the Representative of the Government of the United Mexican States, 31 32 CENTRAL AMERICAN PEACE CONFERENCE. tante del Gobierno de los Esta- dos Unidos Mexicanos, Embaja- dor Don Enrique C. Creel, y Re- presentante del Gobierno de los Estados Unidos de America, Mr. "Wfilliam I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centroame- ricana en Washington, despues de haberse comunicado sus respecti- vos plenos poderes, que encontra- ron en buena forma, han conve- nido en Uevar a ef ecto el proposito indicado de la manera siguiente: Articulo I. Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates, assembled in the Central American Peace Confer- ence at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner: Article I. Las Repiiblicas de Centre America consideran como el pri- mordial de sus deberes, en • sus relaciones mutuas, el manteni- miento de la paz; y se obligan a observar siempre la mas completa armonia y a resolver todo desacuerdo 6 dificultad que pueda sobrevenir entre ellas, de cual- quiera naturaleza que sea, por medio de la Corte de Justicia Cen- troamericana, creada por la Con- vencion que han concluido al ef ecto en esta f echa. ARTICtlLO II. Deseando asegurar en las Re- piiblicas de Centro America los beneficios que se derivan de la practica de las instituciones y con- tribuir al propio tiempo a afirmar su estabilidad y los prestigios de que deben rodearse, declara que se considera amenazante a la paz de dichas Repiiblicas, toda disposi- cion 6 medida que tienda a alterar en cualquiera de ellas el orden constitucional. Aeticttlo III. Atendiendo a la posicion geo- grafica central de Honduras y a las facilidades que esta circunstancia The Republics of Central America consider as one of their first duties, in their mutual rela- tions, the maintenance of peace; and they bind themselves to al- ways observe the most complete harmony, and decide every differ- ence or difficulty that may arise amongst them, of whatsoever na- ture it may be, by means of the Central American Court of Jus- tice, created by the Convention which they have concluded for that purpose on this date. Article II. Desiring to secure in the Re- publics of Central America the benefits which are derived from the maintenance of their institu- tions, and to contribute at the same time in strengthening their stability and the prestige with which they ought to be sur- rounded, it is declared that every disposition or measure which may tend to alter the constitutional organization in any of them is to be deemed a menace to the peace of said Republics. Article III. Taking into account the central geographical position of Hon- duras and the facilities which ow- CENTEAI, AMERICAN PEACE CONFEEENOE. 33 ha dado para que su territorio haya sido con la mayor frecuencia el teatro de las contiendas centro- americanas, Honduras declara desde ahora su absoluta neutra- lidad en cualquier eyento de con- flicto entre las otras Repiiblicas; y estas, a su vez, si se observare tal neutralidad, se obligan a res- petarla y a no violar en ningiin caso el territorio hondureno. Aeticulo IV. Atendiendo a las ventajas que deben obtenerse de la creacion de Institutos Centroamericanos para el fomento de sus mas vitales in- tereses, ademas del Institute Pedagogico y de la Oficina Inter- nacional Centroamericana que ban de establecerse segiin las Con- venciones celebradas al ef ecto por esta Conferencia, se recomienda especialmente a los Gobiernos la creacion de una Escuela practica de Agricultura en la Eepublica de el Salvador, una de Mineria y Mecanica en la de Honduras y otra de Artes y Oficios en la de Nicaragua. Aeticulo V. Para cultivar las relaciones en- tre los Estados, las Partes contra- tantes se obligan a acreditar ante cada una de las otras, una Lega- cion permanente. Aeticulo VI. Los ciudadanos de una de las Partes contratantes, residentes en el territorio de cualquiera de las otras, gozaran de los mismos derechos civiles de que gozan los nacionales, y se consideraran como ciudadanos en el pais de su regi- dencia, si reunen las condiciones que exijen las correspondientes 37200—08 3 ing to this circumstance have made its territory most often the theater of Central American conflicts, Honduras declares from now on its absolute neutrality in event of any conflict between the other Republics; and the latter, in their turn, provided such neu- trality be observed, bind them- selves to respect it and in no case to violate the Honduranean terri- tory. Aeticle IV. Bearing in mind the advantages which must be gained from the creation of Central American in- stitutions for the development of their most vital interests, besides the Pedagogical Institute and the International Central American Bureau which are to be estab- lished according to the Conven- tions concluded to that end by this Conference, the creation of a practical Agricultural School in the Republic of Salvador, one of Mines and Mechanics in that of Honduras, and another of Arts and Trades in that of Nicaragua, is especially recommended to the Governments. Article V. In order to cultivate the rela- tions between the States, the con- tracting Parties obligate them- selves each to accredit to the others a permanent Legation. Article VI. The citizens of one of the con- tracting Parties, residing in the territory of any of the others, shall enjoy the same civil rights as are enjoyed by nationals, and shall be considered as citizens in the country of their residence if they fulfil the conditions which the respective constituent laws 34 CENTEAL AMERICAN" PEACE CONFEEENCE. leyes constitutivas. Los no natu- ralizados estaran exentos del ser- vicio militar obligatorio, per mar 6 per tierra, y de todo emprestito forzoso 6 requerimiento militar, y no se les obligara por ningun motivo a pagar mas contribu- ciones 6 tasas ordinarias 6 extra- ordinarias que aqueUas que pagan los naturales. Abticulo VII. Los individuos que hayan ad- quirido un tftulo profesional en alguna de las Republicas contra- tantes podran ejercer en cualquie- ra de las otras, sin especial gra- vamen, sus profesiones, con arre- glo a las respectivas leyes; sin mas requisitos que los de presentar el titulo 6 diploma correspon- diente debidamente autenticado, y justificar, en caso necesario, la identidad de la persona y obtener el pase del Poder Ejecutivo donde asi lo requiera la ley. Tambien seran validos los estu- dios cientificos hechos en las Universidades, Escuelas Faculta- tivas e Institutos de Segunda Ensenanza de cualquiera de los paises contratantes, previa la au- tenticacion de los documentos que acrediten dichos estudios y la comprobacion de la identidad de la persona. Aetictjlo VIII. Los ciudadanos de los paises signatarios que residan en el te- rritorio de los otros gozaran del derecho de propiedad literaria, artistica 6 industrial en los mis- raos terminos y sujetos a los mismos requisitos que los natu- rales. Akticiilo IX. Las naves inercantes de los paises signatarios se considera- provide. Those that are not nat- uralized shall be exempt from obligatory military service, either on sea or land, and from every forced loan or military requisi- tion, and they shall not be obliged on any account to pay greater contributions or ordinary or ex- traordinary imposts than those Avhich natives pay. Aeticu! VII. The individuals who have ac- quired a professional degree in any of the contracting Republics, may, without special exaction, practice their professions, in ac- cordance with the respective laws, in any one of the others, without other requirements than those of presenting the respective degree or diploma properly authenti- cated and of proving, in case of necessity, their personal identity and of obtaining a permit from the Executive Power where the law so requires. In like manner shall validity attach to the scientific studies pursued in the universities, pro- fessional schools, and the schools of higher education of any one of the contracting countries, pro- vided the documents which evi- dence such studies have been au- thenticated, and the identity of the person proved. Aetici/E VIII. Citizens of the signatory coun- tries who reside in the territory of the others shall enjoy the right of literary, artistic or industrial property in the same manner and subject to the same requirements as natives. Aeticle IX. The merchant ships of the sig- natory countries shall be consid- OENTKAL AMERICAN PEACE CONFERENCE. 35 rd,n en los mares, costas y puer-' tos de los indicados paises como naves nacionales; gozaran de las mismas exenciones, franquicias y concesiones que estas y no paga- ran ottos derechos ni tendran otros gravamenes que los que paguen y tengan impuestos las embarcaciones del pais respectivo. Aeticxilo X. Los Gobiernos de las Eepublicas Contratantes se comprometen a respetar la inviolabilidad del derecho de asilo a bordo de los buques mercantes de cualquie- ra nacionalidad surtos en sus puertos. En consecuencia, no podra extraerse de dichas embar- caciones sino a los reos de delitos comunes, por orden de Juez com- petente y con las formalidades legales. A los perseguidos por delitos politicos, 6 delitos comunes conexos con los politicos, solo podra extraerseles en el caso de que se hayan embarcado en un puerto del Estado que los recla- ma, mientras permanezcan en sus aguas jurisdiccionales y cumplien- dose los requisites exigidos ante- riormente para los casos de delitos comunes. Aetictilo XI. Los Agentes diplomaticos y consulares de las Republicas con- tratantes en las ciudades, plazas y puertos extranjeros prestaran a las personas, buques y demas pro- pi edades de los ciudadanos de cualquiera de ellas, la misma pro- teccion que a las personas, buques y demas propiedades de sus com- patriotas, sin exigir por sus servi- cios otros 6 mayores derechos que los acostumbrados respecto de sus nacionales. ered upon the sea, along the costs, and in the ports of said countries as national vessels ; they shall enjoy the same exemptions, immunities and concessions as the latter, and shall not pay other dues nor be subject to further taxes than those imposed upon and paid by the vessels of the country. Article X. The Governments of the con- tracting Republics bind them- selves to respect the inviolability of the right of asylum aboard the merchant vessels of whatsoever nationality anchored in their ports. Therefore, only persons accused of common crimes can be taken from them after due legal procedure and by order of the competent judge. Those prose- cuted on account of political crimes oi* common crimes in con- nection with political ones, can only be taken therefrom in case they have embarked in a port of the State which claims them, dur- ing their stay in its jurisdictional waters, and after the requirements hereinbefore set forth in the case of common crimes have been ful- filled. Article XI. The Diplomatic and Consular Agents of the contracting Repub- lics in foreign cities, towns and ports shall afford to the persons, vessels and other property of the citizens of any one of them, the same protection as to the persons, ships and other properties of their compatriots, without demanding for their services other or higher charges than those usually made with respect to their nationals. 36 CENTRAL AMERICAN PEACE CONFERENCE. AETicULO XII. En el deseo. de fqmentar el comercio entre las Eepiiblicas contratantes, sus respectivos Go- biernos se pondran de acuerdo para el establecimiento de naves nacionales j mercantes que hagan el comercio de eabotaje y para los arreglos y subvenciones que deban acordarse a las Companias de va- pores que hagan el trafico entre los puertos nacionales y los del- exterior. Ahtictjlo XIII. Habra entre las Partes contra- tantes un canje completo y regu- lar de toda clase de publicaciones oficiales. Aeticulo XIV. Los instrumentos piiblicos otor- gados en una de las Eepiiblicas contratantes seran validos en las otras, siempre que esten debida- mente autenticados y que en su celebracion se hayan observado las leyes de la Eepiiblica de donde proceden. Aeticulo XV. Las autoridades judiciales de las Eepublicas contratantes da- ran curso a las requisitorias en materia civil, comercial 6 crimi- nal, concemientes a citaciones, in- terrogatorios y demas actos de procedimiento 6 instruccion. Los demas actos judiciales, en materia civil 6 comercial, proce- dentes de accion personal, ten- dran en el territorio de cual- quiera de las Partes contratan- tes igual fuerza que los de los tri- bunals locales, y se ejecutaran del mismo modo, siempre que se declaren previamente ejecutoria- Abticle XII. In the desire of promoting com- merce between the contracting Re- publics, their respective Govern- ments shall agree upon tlie estab- lishment of national merchant marines engaged in coastwise com- merce and the arrangements to be made with and the subsidies to be granted to steamship companies engaged in the trade between na- tional and foreign ports. Aeticle XIII. There shall be a complete and regular exchange of every class of official publications between the contracting Parties. Aeticle XIV. Public instruments executed ia one of the contracting Republics shall be valid in the others, pro- vided they shall have been prop- erly authenticated and in their execution the laws of the Repub- lic whence they issue shall have been observed. Aeticle XV. The judicial authorities of the contracting Republics shall carry out the judicial commissions and warrants in civil, commercial or criminal matters, with regard to citations, interrogatories and other acts of procedure or judi- cial function. Other judicial acts, in civil or commercial matters, arising out of a personal suit, shall have in the territory of any one of the contracting Parties equal force with those of the local tribunals and shall be executed in the same manner, provided always that they shall first have been declared CENTRAL AMBEIOAN PEACE CONEBBBNCE. 37 dos por el Tribuaal Supremo de la Eepiiblica en donde han de tener ejecuci6n, lo cual se verifi- carA si Uenaren las condiciones esenciales que exije su respect! va l^gislacion y conforme a las leyes seiialadas en cada pais para la ejecucion de las sentencias. Aeticijlo XVI. Deseando prevenir una de las causas mas frecuentes de trastor- nos en las Eepiiblicas, los Go- biernos contratantes no permiti- ran ciue los cabecillas 6 jefes principales de las emigraciones politicas, ni sus agentes, residan en los departamentos fronterizos a los paises cuya paz pudieran perturbar. Los que estuvieren actualmente establecidos de una manera fija en un departamento fronterizo podran permanecer en el lugar de su residencia bajo la inmediata yigilancia del Gobierno asilador; pero desde el momento en que Ue- garen a constituir peligro para el orden seran incluidos en la regla del incise precedente. AETICtlXO XVII. Toda persona, cualquiera que sea su nacionalidad, que, dentro del territorio de una de las Partes contratantes iniciare 6 fomentare trabajos revolucionarios contra alguna de las otras, sera inmedia- ta,mente concentrada a la capital de la Eepiiblica, donde se las so- metera a juicio con arreglo a la ley. Aeticulo XVIII. En cuanto a la Oficina de las Eepiiblicas Centroamericanas que se establecera en Guatemala y respecto al Institute Pedagogico executory by the Supreme Tri- bunal of the Eepublic wherein they are to be executed, which shall be done if they meet the es- sential requirements of their re- spective legislation and they shall be carried out in accordance with the laws enacted in each country for the execution of judgments. Article XVI. Desiring to prevent one of the most frequent causes of disturb- ances in the Eepublics, the con- tracting Governments shall not permit the leaders or principal chiefs of political refugees, nor their agents, to reside in the de- partments bordering on the coun- tries whose peace they might dis- turb. Those who may have estab- lished their permanent residence in a frontier department may re- main in the place of their resi- dence under the immediate sur- veillance of the Government af- fording them an asylum, but from the moment when they be- come a menace to public order they shall be included in the rule of the preceding paragraph. Article XVII. Every person, no matter what his nationality, who, within the territory of one of the contracting Parties, shall initiate or foster revolutionary movements against any of the others, shall be imme- diately brought to the capital of the Eepublic, where he shall be submitted to trial according to law. Article XVIII. With respect to the Bureau of Central American Eepublics which shall be established in Guatemala, and with respect to 38 OENTBAL AMERICAN PEACE CONFEBENCE, que ha de crearse en Costa Eica, se observaran las Convenciones celebrados al efecto, asi como tambien regiran las que se refieren a Extradicion, Comunicaciones y Conferencias Anuales para unifi- car los intereses Centroameri- canos. the Pedagogical Institute which is to be created in Costa Eica, the Conventions celebrated to that end, shall be observed, and those that refer to Extradition, Com- munications, and Aimual Confer- ences, shall remain in full force for the unification of Central American interests. Aetiotjlo XIX. El presente Tratado permane- cera en vigor por el termino de diez anos contados desde el dia del canje de las ratificaciones. Sin embargo, si un ano antes de expirar dicho termino no se hu- biere hecho por alguna de las Partes contratantes notificacion especial a las otras sobre la in- tencion de terminarlo, continuara rigiendo hasta un ano despues de que se haya hecho le referida notificaci6n.- Abticlb XIX. The present Treaty shall re- main in force for the term of ten years counted from the day of the exchange of ratifications. Never- theless, if one year before the ex- piration of said term, none of the contracting Parties shall have given special notice to the others concerning its intention to ter- minate it, it shall remain in force until one year after such notifica- tion shall have been made. Aetictilo XX. Estando resumidas 6 conve- nientemente modificadas en este Tratado las estipula clones de los celebrados anteriormente entre los paises contratantes, se declara que todos quedan sin efecto y de- rogados por el actual, cuando sea definitivamente aprobado y can- jeado. Akticulo XXI. El canje de las ratificaciones del presente Tratado asi como el de las otras Convenciones con- cluidas en esta fecha, se hara por medio de comunicaciones que dirijan los Gobiernos al de Costa Eica, para que este lo haga saber A los demas Estados contratantes. El Gobierno de Costa Eica les comunicara tambien la ratifica- ci6n, si la otorgare. Aeticle XX. The stipulations of the Treaties heretofore concluded among the contracting Countries, being com- prised or suitably modified in this, it is declared that all stipu- lations remain void and revoked by the present, after final ap- proval and exchange of ratifica- tions. Article XXI. The exchange of ratifications of the present Treaty, as well as that of the other Conventions of this date, shall be made by means of communications which are to be addressed by the Governments to that of Costa Eica, in order that the latter shall notify the other contracting States. The Government of Costa Eica shall also communicate its ratification if it effects it. CENTBAL AMBEICAN PEACE CONEEEENCB. 39 Firmada en la ciudad de Wash- Signed at the city of Washing- ington, a los veinte dias del mes ton on the twentieth day of De- de Diciembre de mil novecientos cember, one thousand nine hun- siete. dred and seven. Ltjis Anderson J. B. Calvo Antonio Batres Jaueegui Luis Tooido Herkaete Victor Sanchez O. Policarpo Bonilla Angel Ugaete E. Constantino Fiallos Jose Madriz Luis F. Corea Salvador Gallegos Salvador Eodriguez G. F. Mejia. [Inclosure No. 6.] CONVENCION ADICIONAL AL TRA- TADO GENERAL. Los Gobiernos cle las Repiibli- cas de Costa Rica, Guatemala, Honduras, Nicaragua y el Salva- dor, han tenido a bien una Con- vencion Adicional al Tratado General, y al efecto han nom- brado Delegados : Costa Rica: a lo? Excelentisi- mos Sefiores Licenciado Don Luis Anderson v Don Joaquin B. Calvo; GtiATEMAL A : li los Exceleutisi- mos Sefiores Licenciado Don An- tonio Batres Jauregui. Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocaiia ; HoxDUEAS : a los Excelentisimos Sefiores Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos; Nicaragua: a los Excelentisi- mos Sefiores Doctores Don Jose Madriz y Don Luis F. Corea ; y EL, Sal\'adok : a los Excelentisi- mos Sefiores Doctor Don Salva- dor GallegoSj Doctor Dort Salva- dor Rodriguez Gonzales y Don Federico Mejia. En virtud de la invitacion hecha conforme al Articulo II del Protocolo firmado en Washing- ton el 17 de Setiembre de 1907 por los Representantes Plenipo- tenciarios de las cinco Repiibli- cas Centroaniericanas, estuvieron presentes en todas las delibera- ciones los Excelentisimos Se nores Representante del Gobiemo de los Estados Unidos Mexicanos, 40 ADDITIONAL CONVENTION TO THE GENERA! TREATY. The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salva- dor, have seen fit to conclude a Convention additional to the Gen- eral Treaty, and to that end have named as Delegates : Costa Rica : Their Excellencies Doctor Don Luis Anderson and Don Joaquin B. Calvo; Guate3iala: Their Excellen- cies Doctor Don Antonio Batres Jauregui, Doctor Don Luis To- ledo Herrarte, and Don Victor Sanchez Ocafia; Honduras : Their Excellencies Doctor Don Policarpo Bonilla, .Doctor Don Angel Ugarte, and Don E. Constantino Fiallos; Nicaragua : Their Excellen- cies Doctors Don Jose Madriz and Don Luis F. Corea; and Salvador : Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez Gonzalez, and Don Federico Mejia. By virtue of the invitation sent in accordance with Article II of the protocol signed at Washing- ton on September 17, 1907, by the Plenipotentiary Representatives of the five Central Ajnerican Re- publics, their excellencies, the Representative of the Govern- ment of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative CENTBAL AMEBICAN PEACE CONrEKENCE. 41 Embajador Don Enrique C.Creel, y Represent ante del Gobierno de los Estados Unidos de America, Mr. William I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centro- americana en Washington, des- pues de haberse comunicado sus respectivos plenos poderes, que encontraron en buena forma, lian convenido en Uevar a efecto el proposito indicado de la manera siguiente : of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates assembled in the Central American Peace Confer- ence at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner : Aeticulo I. Article I. Los Gobiernos de las Altas Partes Contratantes no recono- ceran a ninguno que surja en cualquiera de las cinco Republi- cas por consecuencia de un golpe de Estado, 6 de una revolucion contra un Gobierno reconocido, mientras la representacion del pueblo, libremente electa, no haya reorganizado el pais en forma constitucional. Aeticulo II. The Governments of the High Contracting Parties shall not recognize any other Government which may come into power in any of the five Republics as a consequence of a couf d''etat, or of a revolution against the recog- nized Government, so long as the freely elected representatives of the people thereof, have not- constitutionally reorganized the country. Aeticle II. Ningun Gobierno de Centre America podra, en caso de guerra civil, intervenir en favor ni en contra del Gobierno del pais donde la contienda tuviera lugar. No Government of Central America shall in case of civil war intervene in favor of or against the Government of the country where the struggle takes place. • Aeticulo III. Se recomienda a los Gobiernos de Centro America procurar, por los medios que esten a su alcance, en primer termino la reforma cons- titucional en el sentido de pro- hibir la reelecion de Presidente de la Repiiblica, donde tal pro- hibicion no exista, y en segundo, la adopcion de todas las disposi- ciones necesarias para rodear de completa garantia el principio de alternabilidad en el poder. Aeticle III. The Governments of Central America, in the first place', are recommended to endeavor to bring about, by the means at their command, a constitutional reform in the sense of prohibiting the reelection of the President of a Republic, where such prohibition does not exist, secondly to adopt all measures necessary to effect a complete guarantee of the princi- ple of alternation in power. 42 CENTBAL AMEKICAN PEACE CONFERENCE. Firmada en la ciudad de Wash- Signed at the city of Washing- ington, A los veinte dias de Di- ton on the twentieth day of De- ciembre de mil novecientos siete. cember, one thousand nine hun- dred and seven. Luis Anderson J. B. Calvo Antonio Batees jAUBEGin Litis Toledo Heeearte Victor Sanchez O. policarpo bonilla Angel Ugaete E. Constantino Fiallos Jose Madeiz Luis F. Coeea Salvadoe Gallegos Salvadoe Rodriguez G. F. Mejia. [Inclosure No. 7.] CONVENCION PARA EL ESTABIE- CIMIENTO DE UNA CORTE DE JITSTICIA GENTROAMERICANA. Los Gobiernos de las Eeplbli- cas de Costa Eica, Guatemala, Honduras, Nicara^a y el Salva- dor, con el prop6sito de garanti- zar eficazmente sus derechos y mantener inalterables la paz y armonia de sus relaciones, sin tener que recurrir en ningiin caso al empleo de la fuerza, han con- venido en celebrar una Conven- cion para constituir un Tribunal de Justicia encargado de realizar tan altos fines, y al efecto han nombrado Delegados: OosTA Eica: a los Excelentisi- mos Senores Licenciado Don Luis Anderson y Don Joaquin B. Calvo ; Guatemala : a los Excelentisi- mos Senores Licenciado Don Antonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocana ; Honduras: a los Excelentisi- mos Senores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos ; Nicaragua: a los Excelentisi- mos Senores Doctores Don Jose Madriz y Don Luis F. Corea ; y EL Salvador : a los Excelentisi- mos Senores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Eodriguez Gonzalez y Don I'ederico Mejia. En virtud de la invitacion hecha conforme al Articulo II del Protocolo firmado en Washington el 17 de Setiembre de 1907 por los CONVENTION FOR THE ESTABLISH- MENT OF A CENTRAL AMERICAN COURT OF JUSTICE. The Governments of the Ee- publics of Costa Eica, Guatemala, Honduras, Nicaragua and Salva- dor, for, the purpose of effica- ciously guaranteeing their rights and maintaining peace and har- mony inalterably in their rela- tions, without being obliged to resort in any case to the employ- ment of force, have agreed to con- clude a Convention for the con- stitution of a Court of Justice charged with accomplishing such high aims, and, to that end, have named as Delegates : Costa Eica. — Their Excellen- cies Doctor Don Luis Anderson and Don Joaquin B. Calvo; Guatemala. — Their Excellen- cies Doctor Don Antonio Batres Jauregui, Doctor Don Luis To- ledo Herrarte, and Don Victor Sanchez Ocaiia ; Honduras. — Their Excellen- cies Doctor Don Policarpo Bo- nilla, Doctor Don Angel Ugarte, and Don E. Constantino Fiallos ; Nicaragua. — Their Excellen- cies Doctors Don Jose Madriz and Don Luis F. Corea ; and Salvador. — Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Eodriguez Gonzalez, and Don Federico Me- jia. By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washing- ton on September 17, 1907, by the 43 44 CENTKAL AMERICAN PEACE CONEEEENCli. Representantes Plenipotenciarios de las cinco Eepiiblicas Centro- americanas, estuvieron presentes en todas las deliberaciones los Ex- celentisimos Seiiores Represen- tante del Gobierno de los Estados Unidos Mexican OS, Embajador Don Enrique C. Creel, y Repre- sentante del Gobierno de los Esta- dos Unidos de America, Mr. Wil- liam I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centroame- ricana en Washington, despues de haberse comunicado sus respecti- vos plenos poder'es, que encontra- ron en buena forma, han conve- nido en Uevar a efecto el pro- posito indicado de la manera siguiente : Aeticulo I. Plenipotentiary Representatives of the five Central American Re- publics, their excellencies, the Representative of the Govern- ment of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates, assembled in the Central American Peace Confer- ence at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said pur- pose in the following manner : Article I. Las Altas Partes Contratantes convienen por la presente en con- stituir y sostener un Tribunal permanente que se denominara " Corte de Justicia Centroameri- cana ", la cual se comprometen a someter todas las controversias 6 cuestiones que entre ellas puedan sobrevenir, de cualquiera natu- raleza que sean y cualquiera que sea su origen, en el caso de que las respectivas Cancillerias no hu- bieren podido llegar a un aveni- miento. Aetictjlo II. Esta Corte conocera asimismo de las cuestiones que inicien los particulares de un pais centro- americano contra alguno de los otros Gobiernos contratantes, por violacion de tratados 6 conven- ciones, y en los demas casos de caracter internacional, sea que su propio Gobierno apoye 6 no dicha reclamacion; y con tal que se hubieren agotado los recursos que las leyes del respectivo pais concedieren contra tal violacion, The High Contracting Parties agree by the present Convention to constitute and maintain a per- manent tribunal which shall be called the " Central American Court of Justice ", to which they bind themselves to submit all con- troversies or questions which may arise among them, of whatsoever nature and no matter what their origin may be, in case the respec- tive Departments of Foreign Af- fairs should not have been able to reach an understanding. Article II. This Court shall also take cog- nizance of the questions which individuals of one Central Amer- ican country may raise against any of the other contracting Gov- ernments, because of the violation of treaties or conventions, and other cases of an international character; no matter whether their own Government supports said claim or not; and provided that the remedies which the laws of the respective country provide CENTRAL AMBBIOAN PEACE CONFERENCE. 45 6 se demonstrare denegacion de jnsticia. AETICtTLO III.* Tambien conocera de los casos que de comiin acuerdo le sometie- ren los Grobiernos contratantes, ya sea que ocurran entre d6s 6 mds de ellos 6 entre alguno de dichos Gobiernos y particulares. Artioulo IV. Podra igualmente conocer la Corte de las cuestiones inter- nacionales, que por convencion especial hayan dispuesto some- terle alguno de los Gobiernos Cen- troamericanos y el de una nacion extranjera. Aeticulo -V. La Corte de Justicia Centro- americana tendrd su asiento en la Ciudad de Cartago, de la Repu- blica de Costa Rica; pero podra trasladar accidentalmente su resi- dencia a otro punto de Centro America, cuando, por razones de salubridad, de garantia para el ejercicio de sus funciones, 6 de seguridad personal de sus miem- bros, lo juzgare conveniente. AETICT7X.O VI. La Corte de Justicia Centro- americana se organizara con cinco Magistrados, nombrados uno por cada Eepublica y escogidos entre los jurisconsultos que tengan las condiciones que las leyes de cada pais exijan para el ejercicio de la * El texto de este artlculo fu6 corre- gldo en virtud de un Protocolo adi- cional que en ]a misma fecha se fli'm6, de modo que el verdadero texto es el que se encuentra en la pSgina 24. against such violation shall have been exhausted or that denial of justice shall have been shown. Article III.* It shall also take cognizance of the cases which by common ac- cord the contracting Governments may submit to it, no matter whether they arise between two or more of them or between one of said Governments and individ- uals. Article IV. The Court can likewise take cognizance of the international questions which by special agree- ment any one of the Central American Governments and a foreign Government may have determined to submit to it. Article V. The Central American Court of Justice shall sit at the City of Cartago in the Republic of Costa Rica, but it may temporarily transfer its residence to another point in Central America when- ever it deems it expedient for rea- sons of health, or in order to in- sure the exercise of its functions, or of the personal safety of its members. Aeticle VI. The Central American Court of Justice shall consist of five Justices, one being appointed by each Republic and selected from among the jurists who possess the qualifications which the laws of each country prescribe for the ex- *Tlie text of this article was cor- rected by an additional Protocol of the same date, so that the true text will be found on p. 24. 46 CENTEALi AMERICAN PEACE CONFERENCE. Alta Magistratura, y gocen de la mas elevada consideracion, tanto por sus condiciones morales, como por su competencia profesional. Las vacantes seran Uenadas por Magistrados suplentes, nombra- dos al propio tiempo y del mismo modo que los propietarios y de- beran reunir identicas condiciones a las de estos. La concurrencia de los cinco Magistrados que componen el Tribunal es indispensable para que haya quorum legal en las resoluciones de la Corte. Aeticulo VII. El Poder Legislative de cada una de las cinco Repiiblicas con- tratantes nombrara sus respec- tivos Magistrados, un propietario y dos suplentes. El sueldo de cada Magistrado sera el de ocho mil pesos anua- les, en oro americano, que se les pagara por la Tesoreria de la Corte. El sueldo del Magistrado del lugar donde la Corte resida sera seiialado por el respective Gobierno. Ademas, cada Estado contribuira con dos mil pesos oro anuales para los gastos ordinaries y extraordinaries del Tribunal. Los Gobiemes de las Kepublicas contratantes se ebligan a consig- nar las partidas respectivas en sus presupuestos de erogaciones y a remitir por trimestres adelanta- des a la Tesoreria de la Corte la parte que per tales servicios les corresponda. Akticiilo VIII. Les Magistrados propietarios y suplentes seran nombrados para un periodo de cince anes, que se contara desde el dia en que temen posesion de sus cargos, y pueden ser reelectos. ercise of high judicial office, and who enjoy the highest considera- tion, both because of their moral character and their professional ability. Vacancies shall be filled by sub- stitute Justices, named at the same time and in the same man- ner as the regular Justices and who shall unite the same quali- fications as the latter. The attendance of the five jus- tices who constitute the Tribunal is indispensable in order to make a legal quorum in the decisions of the Court. Artici^ VII. The Legislative Power of each one of the five contracting Repub- lics shall appoint their respective Justices, one regular and two sub- stitutes. The salary of each Justice shall be eight thousand dollars, gold, per annum, which shall be paid them by the Treasury of the Court. The salary of the Jus- tice of the country where the Court resides shall be fixed by the Government thereof. Further- more each State shall contribute two thousand dollars, gold, an- nually toward the ordinary and extraordinary expenses of the Tribunal. The Governments of the contracting Eepublics bind themselves to include their re- spective contributions in their es- timates of expenses and to remit quarterly in advance to the Treas- ury of the Court the share they may have to bear on account of such services. Article VIII. The regular and substitute Jus- tices shall be appointed for a term of five years, which shall be counted from the day on which they assume the duties of their office, and they may be reelected. CENTBAL AMEBICAN PEACE CONFEEENOE. 47 En caso de fallecimiento, re- nuncia 6 incapacidad permanente de cualquiera de ellos, se proce- dera a su reemplazo por la respec- tiva Legislatura, y el Magistrado electo continuara el periodo de su predecesor. Aetictjlo IX. Los Magistrados propietarios y suplentes prestaran el juramento 6 la protesta de Ley ante la auto- ridad que los hubiere nombrado, y desde este momento gozaran de las inmunidades y prerrogativas que por la presente Convencion se les confiere. Los Propietarios gozaran tambien, desde entonces, del sueldo asignado en el Articulo VII. Aeticulo X. Mientras permanezcan en el pais de su nombramiento, los Magistrados propietarios y su- plentes gozaran de la inmunidad personal que las respectivas leyes otorguen a los Magistrados de la Suprema Corte de Justicia, y en las otras Repiiblicas contratantes tendran los privilegios e inmuni- dades de los Agentes Diplomati- cos. Articulo XI. El cargo de Magistrado en fun- ciones es incompatible con el ejer- cicio de su profesion y con el des- empeiio de cargos piiblicos. La misma incompatibilidad se esta- blece para los Magistrados su- plentes por el tiempo que ejerzan efectivamente sus funciones. Articulo XII. En su primera sesion anual, la Corte elegira entre los Magistra- dos de su seno.un Presidente y un Vice-Presidente ; organizara el personal de su oficina, con la de- In case of death, resignation or permanent incapacity of any of them, the vacancy shall be filled by the respective Legislature, and the Justice elected snail complete the term of his predecessor. Article IX. The regular and substitute Jus- tices shall take oath or make af- firmation prescribed by law be- fore the authority that may have appointed them, and from that moment they shall enjoy the im- munities and prerogatives which the present Convention confers upon them. The regular Justices shall likewise enjoy thenceforth the salary fixed in Article VII. Article X. Whilst they remain" in the coun- try of their appointment the reg- ular and substitute Justices shall enjoy the personal immunity which the respective laws grant to the magistrates of the Supreme Court of Justice, and in the other contracting Republics they shall have the privileges and immuni- ties of Diplomatic Agents. Article XL The office of Justice whilst held is incompatible with the exercise of his profession, and with the holding of public office. The same incompatibility applies to the substitute Justices so long as they may actually perform their duties. Article XII. At its first annual session the. Court shall elect from among its own members a President and Vice-President; it shall organize the personnel of its office by desig- 48 CBNTEAL AMBRIGAlif PEACE CONFEKENCE. signacion de un Secretario,un Te- sorero y los demas empleados subalternos que juzgue necesa- rios; y fijara su presupuesto de gastos. ARTicULO XIII. La Corte de Justicia Centro- americana representa la concien- cia nacional de Centro America, y en tal virtud los Magistrados que compongan el Tribunal no podran consider arse inhibidos del ejerci- cio de sus funciones por el interes que puedan tener en algun caso" 6 cuestion las Republicas de donde se derive su nombramiento. En cuanto a implicaciones y recusa- ciones, las ordenanzas de procedi- miento que la Corte dictare dis- pondran lo conveniente. ArTicitlo XIV. Cuando ocurran diferencias 6 cuestiones sujetas a la competen- cia del Tribunal, la parte intere- sada debera presenter demanda que comprenda todos los puntos de hecho y de derecho relativos al asunto y todas las pruebas perti- nentes. El Tribunal comunicara, sin perdida de tiempo, el libelo de demanda a los Gobiernos 6 parti- culares interesados y los invitara a que presenten sus alegaciones y probanzas dentro del termino que se les seiiale, que, en ningun caso, excedera de sesenta dias contados desde la notificacion de la de- manda. AETicULO XV. Si transcurriere el termino se- iialado sin que se haya contestado la demanda, la Corte requerira al demandado 6 demandados para que lo verifiquen dentro de un nuevo termino que no podra exce- nating a Clerk, a Treasurer, and such other subordinate employees as it may deem necessary, and it shall draw up the estimate of its expenses. Article XIII. The Central American Court of Justice represents the national conscience of Central America, wherefore the Justices who com- pose the Tribunal shall not con- sider themselves barred from the discharge of their duties because of the interest which the Repub- lics, to which they owe their ap- pointment, may have in any case or question. With regard to alle- gations of personal interest, the rules of procedure which the Court may fix, shall make proper provision. Article XIV. When differences or questions subject to the jurisdiction of the Tribunal arise, the interested party shall present a complaint which shall comprise all the points of fact and law relative to the matter, and all pertinent evi- dence. The Tribunal shall com- municate without loss of time a copy of the complaint to the Gov- ernments or individuals inter- ested, and shall invite them to fur- nish their allegations and evi- dence within the term that it may designate to them, Avhich, in no case, shall exceed sixty days counted from the date of notice of the complaint. Article XV. If the term designated shall have expired without answer hav- ing been made to the complaint, the Court shall require the com- plainant or complainants to do so within a further term not to ex- CBNTEAL AMEEICAK PEACE CONFERENCEi 49 der de veinte dias, vencido el cual y en vista de las pruebas presenta- das, y de las que de oficio haya creido conveniente obtener el Tri- bunal, dictara el fallo correspon- diente, que sera definitive. Articulo XVI. Si el Gobiemo. Gobiernos 6 par- ticulares demandados hubieren acudido en tiempo ante la Corte, presentando sus alegaciones y pro- banzas, esta fallara el asunto den- tro de los treinta dlas siguientes, sin mas tramite ni diligencia ; pero si se solicitare un nuevo plazo para presentar otras pruebas, la Corte decidira si es oportuno 6 no concederlo; y, en caso afirmativo, seiialara para ello un termino pru- dente. Vencido este termino, la Corte pronunciar^ su fallo defini- tivo dentro de treinta dias. Aeticuix) XVII. Cada uno de los Gobiernos 6 particulares a quienes directa- mente concieman las cuestiones que van a tratarse en la Corte, tiene derecho para hacerse repre- sentar ante ella por persona 6 per- sonas de su confianza, que presen- ten pruebas, formulen alegatos y promuevan, en los terminos fija- dos por esta Convencion y por las ordenanzas de la Corte de Justi- cia, todo lo que a su juicio sea con- ducente a la defensa de los de- rechos que representan. Akticttlo XVIII. Desde el momento en que se inicie alguna reclamacion contra imo 6 mas Gobiernos hasta el en que se falle definitivamente, la Corte Podra fijar la situacion en que deban permanecer las Partes 37200—08 4 ceed twenty days, after the expi- ration of which and in view of the evidence presented and of such evidence as It may ex ofjlcio have seen fit to obtain, the Tribu- nal shall render its decision in the case, which decision shall be final. Article XVI. If the Government, Govern- ments, or individuals sued shall have appeared in time before the Court, presenting their allega- tions and evidence, the Court shall decide the matter within thirty days following, without further process or proceedings; but if a new term for the pres- entation of evidence be solicited, the Court shall decide whether or not there is occasion to grant it; and in the affirmative it shall fix therefor a reasonable time. Upon the expiration of such term, the Court shall pronounce its final judgment within thirty days. Article XVII. Each one of the Governments or individuals directly concerned in the questions to be considered by the Court has the right to be represented before it by a trust- worthy person or persons, who shall present evidence, formulate arguments, and shall, within the terms fixed by this Convention and by the rules of the Court of Justice do everything that in .their judgment shall be beneficial to the defense of the rights they repre- sent. Article XVIII. From the moment in which any suit is instituted against any one or more governments up to that in which a final decision has been pronounced, the court may at the solicitation of any one of the par- 501 CENTRAL AMERICAN PEACE CONFERENCE. contendientes, a solicitud de cual- quiera de ellas, a fin de no agra- var el mal, y de que las cosas se conserven en el mismo estado mientras se pronuncia el fallo definitivo. ARTICtTLO XIX. Para todos los efectos de esta Convencion, la Corte de Justicia Cfentroamericana podra dirigirse a los Gobiemos 6 tribunales de justicia de los Estados contratan- tes, por el organo del Ministerio de Relaciones Exteriores 6 de la Secretaria de la Corte Suprenia de Justicia del respective pais, segun la naturaleza de la diligen- cia que haya de practicarse, a fin de hacer ejecutar las providencias que dictare en la esfera de sus atribuciones. Articuxo XX. Tambien podra nombrar Co- misionados Especiales para la practica de las referidas diligen- cias, cuando lo juzgue asi opor- tuno, para su mejor cumplimien- to. En tal caso, solicitara del Gobierno donde vaya a practi- carse la diligencia su cooperacion y auxilio, para que el Comisio- nado cumpla su cometido. Los Gobiernos contratantes se com- prometen formalmente a obede- cer y hacer que se obedezcan las providencias de la Corte, pres- tando todos los auxilios que sean necesarios para su mejor y mas pronta ejecucion. ARTICtTLO XXI. La Corte de Justicia Centro- americana juzgara acerca de los puntos de hecho que se ventilen seguii su libre apreciacion; y en cuanto a los die derecho, conforme a los principios del derecho inter- ties fix the situation in which the contending parties must remain, to the end that the difiiculty shall not be aggravated and that things shall be conserved in statu quo pending a final decision. AnTICtE XIX. For all the eflPects of this Con- vention, the Central American Court of Justice may address it- self to the Governments or tribu- nals of justice of the contracting States, through the medium of the Ministry of Foreign Relations or the office of the Clerk of the Supreme Court of Justice of the respective country, according to the nature of the requisite pro- ceeding, in order to have the meas- ures that it may dictate within the scope of its jurisdiction car- ried out. Article XX. It may also appoint special commissioners to carry out the formalities above referred to, when it deems it expedient for their better fulfillment. In such case, it shall ask of the Govern- ment where the proceeding is to be had, its cooperation and assist- ance, in order that the Commis- sioner may fulfill his mission. The contracting Governments formally bind themselves to obey and to enforce the orders of the Court, furnishing all the assist- ance that may be necessary for their best and most expeditious fulfillment. Article XXI. In deciding points of fact that may be raised before it, the Cen- tral American Court of Justice shall be governed by its free judgment, and with respect to points of law, by the principles CEJTTBAL AMEEICAlT PEACE CONPEEENOB. 51 nacional. La sentencia definitiva comprenderd, cada uno de los purttos en litigio. Aeticulo XXII. La Corte tiene facultad para determinar su competencia inter- pretando los Tratados y Conven- ciones pertinentes al asunto en disputa y aplicando los principios del derecho internacional. Articulo XXIII. iToda resolucion definitiva 6 interlocutoria debera dictarse me- diante el acuerdo, por lo menos, de tres de los Magistrados del Tri- bunal. En ■ caso de desacuer- do, se Uamara por ^orteo a uno de los Magistrados suplentes, y si aun asi no se obtuviere la mayoria de tres, se continuara sorteando otros suplentes, hasta obtener tres votos uniformes. Aeticulo XXIV. Las sentencias deberan ser con- signadas por escrito y contener una exposicion de los motivos en que se funden. Deberan ser firmadas por todos los Magistra- dos del Tribunal y autorizadas por el Secretario. Una vez que hayan sido notificados, no podran alterarse por ningun motivo; pero, a pedimento de cualquiera de las Partes, podra el Tribunal declarar la interpretacion que deba darse a sus fallos. Aeticulo XXV. Los fallos de la Corte se comunicardn a los cinco Gobier- nos de las Eepublicas contratan- tes. Los interesaddS se compro- meten a sotneterse a dichos fallos ; y tddos a prestar el apoyo moral que sea necesario para que ten^n su debido cumplimientb; consti- tuyendo en esta forma una garan- of International Law. The final judgment shall cover each one of the points in litigation. Aeticle XXII. The Court is competent to determine its jurisdiction, inter- preting the Treaties and Conven- tions germane to the matter in dispute, and applying the princi- ples of international law. Aeticle XXIII. Every final or interlocutory decision shall be rendered with the concurrence of at least three of the Justices of the Court. In case of disagreement, one of the substitute Justices shall be chosen by lot, and if still a majority of three be not thus obtained other Justices shall be successively chosen by lot until three uniform votes shall have been obtained. Aeticle XXIV. The decisions must be in writ- ing and shall contain a statement of the reasons upon which they are based. They must be signed by all the Justices of the Court and countersigned by the Clerk. Once they have been, notified they can not be altered on any account; but, at the request of any of the parties, the Tribunal may declare the interpretation T/hich must be given to its judg- ments. Article XXV. The judgments of the Court shall be communicated to the five Governments of the contracting Republics. The interested par- ties solemnly bind themselves to submit to said judgments, and all agree to lend all moral support that may be necessary in ordfer that they may be properly ful- 52 OENTBAli AMERICAN PEACE CONFERENCE. tia real y positiva de respeto a esta Convencion y a la Corte de Justicia Centroamericana. Aetictjlo XXVI. Queda autorizado el Tribunal para acordar su reglamento, para dictar las ordenanzas de procedi- miento que sean necesarias y para la determinacion de formas y plazos que no se hayan prescrito en la presente Convencion. Todas las disposiciones que se dicten sobre el particular se comunica- ran inmediatamente a las Altas Partes Contratantes. Artictilo XXVII. Las Altas Partes Contratantes declaran que por ningiin motive ni en caso alguno daran por ca- ducada la presente Convencion; y que, en consecuencia, la conside- raran siempre vigente durante el termino de diez anos, contados desde la ultima ratificacion. En el evento de que se caimbie 6 altere la forma politica de alguna 6 al- gunas de las Repiiblicas contra- tantes, se suspenderan ipso facto las funciones de la Corte de Jus- ticia Centroamericana; y sp con- vocara desde luego, por los res- pectivos Gobiernos, una Confe- rencia para ajustar la constitu- cion de dicha Corte al nuevo or- den de cosas; y en caso de no lie- gar por.unanimidad a un acuerdo, se tendra por rescindida la pre- sente Convencion. Aeticttlo XXVIII. El canje de ratificaciones de la presente Convencion se hara de conf ormidad con el Articulo XXI del Tratado General de Paz y Amistad concluido en esta fecha. fiUed, thereby constituting a real and positive guarantee of respect for this Convention and for the Central American Court of Jus- tice. Article XXVI. The Court is empowered to make its rules, to formulate the rules of procedure which may be necessary, and to determine the forms and terms not prescribed in the present .Convention. All the decisions which may be ren- dered in this respect shall be com- municated immediately to the High Contracting Parties. Article XXVII. The High Contracting Parties solemnly declare that on no ground nor in any case will they consider the present Convention as void ; and that, therefore, they will consider it as being always in force during the term of ten years counted from the last ratifica- tion. In the event of the change or alteration of thti political sta- tus of one or more of the Con- tracting Republics, the functions of the Central American Court of Justice created by this Conven- tion shall be suspended ipso facto; and a conference to adjust the constitution of said Court to the new order of things shall be forthwith convoked by the re- spective Governments; in case they do not unanimously agree the present Convention shall be considered as rescinded. Article XXVIII. The exchange of ratifications of the present Convention shall be made in accordance with Article XXI of the General Treaty of Peace and Amity concluded on this date. CENTEAL AMERICAN PEACE CONTERENCE. 53 AETICtTLO TrANSITORIO. Como recomendacion de las cincQ Delegaciones, se agrega un Articulo anexo que contiene una ampliaci6n de las facultades de la Corte de Justicia Centroame- ricana, para que las Legislaturas que lo estimen conveniente pue- dan incluirlo en esta Convencion, al ratificarla. Provisional Article. As recommended by the five Delegations an Article is annexed which contains an amplification of the jurisdiction of the Central American Court of Justice, in order that the Legislatures may, if they see fit, include it in this Convention upon ratifying it. Articulo Anexo. La Corte de Justicia Centro- americana conocera tambien de los conflictos que pueda haber en- tre los Poderes Legislativo, Eje- cutivo y Judicial, y cuando de hecho no se respeten los fallos judiciales 6 las resoluciones del Congreso Nacional. Firmada en la ciudad de Wash- ington, a los veinte dias de Di- ciembre de mil novecientos siete. Annexed Article. The Central American Court of Justice shall also have jurisdic- tion over the conflicts which may arise between the Legislative, Ex- ecutive and Judicial Powers, and when as a matter of fact the judi- cial decisions and resolutions of the National Congress are not re- spected. Signed at the city of Washing- ton on the twentieth day of De- cember, one thousand nine hun- dred and seven. Luis Anderson J. B. Calvo Antonio Batres Jauregui Luis Toledo Herrarte Victor Sanchez O. policarpo bonilla Angel Ugarte E. Constantino Fiallos Jose Madriz Luis F. Corea Salvador Gallegos Salvador Kodriguez G. F. Mejia. [Inclosure No. 8.] PROTOCOLO ADICIONAI A lA CON- VENCI6N PARA EI ESTABLECI- MIENTO DE VSA CORTE DE JUS- TICIA CENTROAMERICANA. En la ciudad de Washington, a la una de la tarde del dia veinte de Diciembre de mil novecientos siete. Los infrascritos Delegados a la Conferencia de Paz Centro- americana : Por Costa Rica: Excelentisi- mos Seiiores Licenciado Don Luis Anderson y Don Joaquin B. Calvo ; Por Guatemala : Excelentisi- mos Seiiores Licenciado Don An- tonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez-Ocaiia ; Por Honduras : Excelentisimos Seiiores Doctor Don Policarpo B o n i 1 1 a, Doctor Don Angel Ugarte y Don E. Constantino Fiallos; Por Nicaragua : Excelentisimos Seiiores Doctores Don Jose Ma- driz y Don Luis F. Corea ; y Por EL Salvador: Excelentisi- mos Seiiores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Eodriguez Gonzalez y Don Federico Mejia, Notando que se ha cometido un error de copia al consignar el Articulo III de la Convencion para el establecimiento de una Corte de Justica Centroameri- cana, concluida en esta fecha, hacen constar que el texto auten- tico de dicho Articulo III es como sigue: '•' Tambien conocera de los casos que ocurran entre alguno de los Gobiernos contrantes y personas 54 additional protocoi to the convention for the estab- LISHUENT op a CENTRA! AUER- ICAN COURT OP JUSTICE. At the city of Washington, at one o'clock in the afternoon of the twentieth day of December, one thousand nine hundred and seven. The undersigned Dele- gates to the Central American Peace Conference: For Costa Rica : Their Excel- lencies Doctor Luis Anderson and Don Joaquin B. Calvo ; For Guatemala: Their Excel- lencies Doctor Don Antonio Batres Jauregui, Doctor Don Luis Toledo Herrarte and Don Victor Sanchez-Ocaiia ; For Honduras: Their Excel- lencies Doctor Don Policarpo Bo- nilla, Doctor Don Angel Ugarte and Don E. Constantino Fiallos; For Nicaragua: Their Excel- lencies Doctor Don Jose Madriz and Doctor Don Luis F. Corea; For Salvador : Their Excellen- cies Doctor Don Salvador Ga- llegos, Doctor Don Salvador Eodriguez Gonzalez and Don Federico Mejia, Noting that an error has been committed in copying the text of Article III of the Convention for the establishment of a Central American Court of Justice, con- cluded on this date, make it known that the authentic text of said Article III is as follows : " It shall also have jurisdic- tion over cases arising between any of the contracting Govern- CENTBAL AMEKICAN PEACE CONFEKENCE. 55 particulares, cuando de comiin ments and individuals, when by acuerdjo le fueren sometidos." common accord they are sub-. mitted to it." En fe de lo cual firman el pre- In testimony whereof they sign sente Protocolo, que ha de con- the present Protocol, which shall siderarse como parte integrante be considered as an integral part de la Convencion. of the Convention. Luis Andeeson J. B. Calvo Antonio Batees Jatjeegtji Luis Toledo Heeeaete VicTOE Sanchez O. policaepo bonilla Angel Ugaete E. Constantino Fiallos Jose Madeiz Luis F. Coeea Salvadoe- Gallegos Salvadoe Kodeiguez G. F. Mejia. [Inclosure No. 9.] CONVENCION DE EXTRADICIOW. EXTRADITION CONVENTION. Los Gobiernos de las Repli- blicas de Costa Rica, Guatemala, Honduras, Nicaragua y el Salva- dor, deseando confirmar sus amis- tosas relaciones v promover la causa de la justicia, han resuelto celebrar una Convencion para la extradicion de los profugos de la naisma, y, al efecto, han nom- brado Delegados: Costa Kica: a los Excelentfsi- mos Senores Licenciado Don Luis Anderson v Don Joaquin B. Calvo; Guatemala: a los Excelen- tisimos Seiiores Licenciado Don Antonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocaiia ; Honduras: a los Excelentisi- mos Senores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos ; Nicaragua: a los Excelentisi- mos Seiiores Doctores Don Jose Madriz y Don Luis F. Corea ; y EL Salvador: a los Excelentisi- mos Seiiores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Rodriguez Gonzalez y Don Federico Mejia. En virtud de la invitacion hecha conforme al Articulo II del Protocolo firmado en Wash- ington el 17 de Setiembre de 1907 por los Representantes Plenipo- tenciarios de las cinco Republicas Centroamericanas, estuvieron 56 The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salva- dor, desiring to confirm their friendly relations and to promote the cause of justice, have re- solved to celebrate a Convention for the extradition of fugitives from justice, and to that end have named as delegates: Costa Rica: Their Excellen- cies Doctor Don Luis Anderson and Don Joaquin B. Calvo; Guatemala : Their Excellen- cies Doctor Don Antonio Batres Jauregui, Doctor Don Luis To- ledo Herrarte, and Don Victor Sanchez Ocaiia; Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte, and Don E. Constantino Fiallos; Nicaragua: Their Excellencies Doctors Don Jose Madriz and Don Luis F. Corea; and Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez Gonzalez, and Don Federico Me- By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washing- ton, on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Re- publics, their excellencies, the CENTKAL AMEKICAN PEACE CONFEKENCE. 57 presentes en todas las delibera- ciones los Excelentisimos Senores Eepresentante del Gobierno de los Estados Unidos Mexicanos, Em- bajador Don Enrique C. Creel, y Eepresentante del Gobierno de los Estados Unidos de America, Mr. William I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centroan^eri- cana en Washington, despues de haberse comunicado sus respec- tivos plenos poderes, que encon- traron en buena forma, han con- venido en Uevar a efecto el pro- posito indicado de la manera siauiente : Representative of the Govern- ment of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates, assembled in the Central American Peace Confer- ence at Washington, after having communicated to one anothertheir respective full powers, which they found to be in due form, have agreed to carry out the said pur- pose in the following manner: , Articulo I. Las Repiiblicas Contratantes convienen en entregarse reclpro- camente los individuos que se refugien en el territorio de cada vma de ellas, y que en la otra hu- bieren sido condenados como au- tores, complices 6 encubridores de un delito, a una pena no menor de dos anos de la privacion de la libertad, 6 que estuvieren pro- cesados por un delito que, con- forme a las leyes del pais que hace el requirimiento, merezca una pena igual 6 mayor que la ex- presada. Articulo II. No se concedera la extradicion en ninguno de los casos siguien- tes: 1. Cuando la prueba de la de- lincuencia presentada por la parte requeriente no justificare, con- forme a las leyes del lugar donde se encuentre el profugo enjui- ciado, su aprehension y enjuicia- miento, en caso de que el delito se hubiere cometido alli. 2. Cuando el delito imputado sea de caracter politico, 6 siendo comun, fuere conexo con este. Article I. The Contracting Republics agree to deliver up reciprocally the individuals who may take refuge in the territory of one of them and who in the other may have been condemned as authors, accomplices, or abettors of a crime, to a penalty of not less than .two years of deprivation of their liberty, or who may have been indicted for a crime which, in accordance with the laws of the demanding country, carries a pen- alty equal to or greater than that above stated. Article II. Extradition shall not be grant- ed in any of the following cases: 1. When the evidence of crimi- nality presented by the demand- ing party would not justify, ac- cording to the laws of the place where the fugitive so charged is found, his apprehension and com- mitment for trial, if the offense had been there committed. 2. When the offense charged is of a political character, or, being a common crime, is connected therewith. 58 CENTRAL AMERICAN PEACE CONFERENCE. 3. Cuando, conforme a las leyes del pais reclamante 6 las del asilo, hubieren prescrito la accion 6 la pena. 4. Si el reo reclamado hubiere sido ya juzgado sentenciado por el mismo acto en la Kepublica donde reside. 5. Si en esta, el hecho por que se pide la extradicion no fiiere considerado como delito. 6. Cuando la pena que corres- pondiere al delito por que se pide la extradicion f uere la de niuerte, a no ser que el Gobierno que hace la solicitud se comprometiere a aplicar la inmediata inferior. Articitlo III. La persona cuya extradicion so haya concedido, con motivo de uno de los delitos mencionados en el Articulo I, en ningun caso sera juzgada y castigada en el pais a qne se hace la entrega por un de- lito politico cometido antes de su extradicion, ni por un acto que tonga atingencia con un delito po- litico. No se considerara delito politico el atentado contra la vida del Jefe de un Gobierno, ni los atentados anarquistas, siempre que la ley de los paises requeriente y requerido haya fijado pena para dichos actos. En este caso la ex- tradicion se concedera aun cuando el delito de que se trata tuviere una pena nienor de dos aiios de prision. Aeticulo IV. Las Altas Partes Contratantes no estaran en la obligacion de en- tregar a sus nacionales; pero de- beran enjuiciarlos por las infrac- ciones de la ley penal cometidas en cualquiera de las otras Repu- blicas; y el Gobierno respectivo 3. When under the laws of the demanding country or of that of asylum, the action or the penalty has been barred. 4. If the accused demanded should have been already tried and sentenced for the same act in the Republic wherein he resides. 5. If in the latter, the act be- cause of which extradition is re- quested should not be considered a crime. 6. When the penalty corre- sponding to the crime for which extradition is requested shall be that of death, unless the demand- ing Government binds itself to apply the next lower penalty. Article III. The person whose extradition is conceded, because of one of the crimes mentioned in Article I, shall in no case be tried and pun- ished in the country to which he is surrendered for a political crime committed before his extra- dition nor for an act which may have connection with a political crime. The attempt against the life of the head of the govern- ment or anarchistical attempts shall not be considered a political crime, provided that the law of the demanding country and of the country of which extradition is requested shall have fixed a pen- alty for said acts. In that case extradition shall be granted, even when the crime in question shall carry a penalty of less than two years of imprisonment. Article IV. The High Contracting Parties shall not be obliged to deliver their nationals ; but they must try them for the infractions of the Penal Code committed in anj' of the other Republics, and the re- spective government must com- OBNTRAX, AMBKICAN PEACE CONPEEENCE. 59 (Jebera comunicar las diligencias, informaciones y documentos co- rrespondientes, remitir los objetos que revelen el cuerpo del delito y suministrar todo lo que conduzca al esclarecimiento necesario para la expedicion del proceso. Veri- ficado esto, la causa se continuara hasta su terminacion, y el Go- biemo del pais del juzgamiento informara al otro del resultado definitivo. Articttlo V. Si el individuo de cuya- extra- dicion se trata estuviere enjui- ciado 6 hubiere sido condenado en el pais del asilo por delito come- tido en el, no serd entregado si no despues de haber sido absuelto por sentencia firme, y, en caso de con- denacion, despues de haber extin- guido la condena 6 de haber sido mdultado. Aeticulo VI. Si el profugo, reclamado por una de las Partes Contratantes, lo fuere tambien por uno 6 mas Go- biemos, el reo sera entregado de preferencia al que primero lo haya pedido. Aeticulo VII. El pedimento para la entrega de los profugos se hara por los respectivos Agentes Diplomaticos de las Partes Contratantes, 6, en caso de estar ausentes del pals, 6 de la residencia del Gobierno, po- dra hacerse por los Agentes_ Con- sulares. En casos urgentes, se podra so- licitar la detencion provisional del inculpado por medio de comu- nicacion telegrafica 6 postal, diri- gida al Ministerio de Relaciones Exteriores, 6 por medio del res- municate the corresponding pro- ceedings, information, and docu- ments, and deliver the articles which constitute the corpus de- licti, furnishing everything con- ducive to the investigation neces- sary for the expedition of the trial. This having been done, the cause shall continue until its de- termination, and the government of the country of the trial shall in- form the other of the final result. Aeticle V. If the individual whose extra- dition is sought should have been indicted or should have been found guilty in the country of his asylum for a crime committed therein, he shall not be delivered except after having been acquitted by a final judgment, and in case of his conviction after he has served the sentence or has been pardoned. Aeticle VI. If the fugitive whose extradi- tion is requested by one of the con- tracting parties should also have been sought by one or more gov- ernments he shall be delivered in preference to the one first mak- ing the requisition. Aeticle VII. . Request for the delivery of fu- gitives shall be made by the re- spective diplomatic agents of the contracting parties, or, in their absence from the country or from the seat of government, it may be made by consular officers. In urgent cases the provisional detention of the accused may be requested by means of telegraphic or postal communication, ad- dressed to the ministry of foreign relations, or through the respect- ive diplomatic agent, in his ab- 60 CENTRAL AMERICAN PEACE CONFERENCE. pectivo Agente Diplomatico, 6 del Consul, en su def ecto. El arresto provisional se verificara segun las reglas establecidas por las leyes del pals requerida ; pero cesara, si, en el termino de un mes, contado desde que se verifico, no se for- malizare la reclamacion. Articxilg VIII. En la reclamacion se especifi- cara la prueba 6 principio de prueba que, por las leyes del pais en que se hubiere cometido el de- lito, sea bastante para justificar la captura y enjuiciamiento del cul- pable. Tambien debera acompa- iiarse la sentencia condenatoria, acusacion, mandamiento de pri- sion 6 cualquier otro documento equivalente; y debe indicarse la naturaleza y gravedad de los he- chos imputados y las disposi- ciones penales que les sean aplica- bles. En caso de fuga, despues de estar condenado y antes de haber sufrido totalmente la pena, la re- clamacion expresara esta circuns- tancia e ira acompanada unica- mente de la sentencia. Aktioitlo IX. La autoridad a quien corres- ponda hara la aprehension del profugo, con el fin de que sea presentado ante la autoridad ju- dicial competente para su exa- men. Si se decidiere que, con- forme a las leyes y pruebas pre- sentadas, procede la entrega, con arreglo a esta Convencion, el pro- fugo sera entregado en la forma legal prescrita para estos casos. Aetigiild X. La persona entregada no podr^ ser juzgada ni castigada en el sence, through the consul. The provisional arrest shall be made according to the rules estab- lished by the laws of the country of which extradition is requested ; but shall cease if the request for extradition has not been for- mally presented within the term of one month following the ar- rest. Aeticle VIII. The request for extradition shall specify the evidence or foun- dation thereof which, by the laws of the country wherein the crime has been committed, shall be suffi- cient to justify the apprehension and commitment of the accused. The judgment, indictment, war- rant of arrest, or any other equi- valent document shall also accom- pany the same; and the nature and gravity of the acts charged and the provisions of the penal codes which are applicable there- to must be indicated. In case of flight after havin? been found guilty and before serving the sen- tence, the request for extradition shall express these circumstances and shall be accompanied "with the judgment only. Article IX. The proper authority shall ap- prehend the fugitive, to the end that he may be brought before the competent Judicial authority to be examined. If it is decided that according to the laws and the evidence presented the sur- render shall be carried out in ac- cordance with this Convention, the refugee shall be delivered in the manner prescribed by law in such cases. Article X. The person delivered can not be tried nor punished in the country CENTKAL AMEKICAN PEACE CONPEEENOB. 61 pais al cual se ha concedido la extradicion, ni puesta en poder de un tercero con motivo de un delito no comprendido en esta Convencion, y cometido antes de su entrega, a no ser que el Go- bierno que la hace de su acquies- cencia para el enjuiciamiento 6 para la entrega k dicha tercera nacion. Sin embargo, este consenti- miento no sera necesario: 1. Cuando el acusado hay a pe- dido voluntariamente que se le juzgue 6 se le entregue a la ter- cera nacion ; 2. Cuando haya tenido libertad para ausentarse del pais durante treinta dias, per haber side puesto en libertad por falta de merito para la acusacion por la que se le entrego; 6 en caso de haber sido condenado, durante treinta dias despues de haber complido su con- dena 6 de haber obtenido indulto. to which his extradition has been granted, nor delivered to a third country because of a crime not in- cluded in this Convention, and committed before his surrender, unless the Government which makes the surrender consents to the trial, or to the delivery to said third nation. Nevertheless this consent shall not be necessary : 1. When the accused may vol- untarily have requested that he be tried or delivered to the third nation ; 2. When he may have been at liberty to leave the country for thirty days, his release having been based on the lack of founda- tion in the charge for which he was surrendered, or, in case of conviction, a term of thirty days after serving his sentence or ob- taining a pardon. Articulo XI. Aeticue XI. . Los gastos que causen el arres- to, manutencion y viaje del in- dividuQ reclamado, lo mismo que los de la entrega y transporte de los objetos que, por tener relacion con el delito deban restituirse 6 remitirse, ser an a cargo de la Eepublica que solicite la entrega. The expenses of arrest, main- tenance, and travel of the claimed person, as well as of the delivery and transportation of the articles which, because of their connec- tion with the crime, have to be returned or forwarded, shall be borne by the demanding Govern- ment. Aeticitlo XII. Article XII. Todos los objetos encontrados en poder del acusado y obtenidos por medio de la comision del acto de que se le acuse, 6 que puedan servir de prueba del delito por el cual se pide su extradicion, se- ran secuestrados y entregados con su persona, si asi lo ordena la au- toridad competente. Sin embar- go, se respetaran los derechos de tercero respecto de estos objetos, y no se hara su entrega mientras All the objects found in the possession of the accused and ob- tained through the commission of the act of which he is accused, or that may serve as evidence of the crime on account of which extra- dition is requested, shall be con- fiscated and delivered with his person if the competent author- ity so orders. Nevertheless the rights of third parties concerning these articles shall be respected, 62 CENTRAL AMEBICAN :fEACE CONFERENCE. no se haya resuelto la cuestion de propiedad. Abtictjixj XIII. En todos los casos en que pro- ceda la detencion del refiigiado, se le hara saber su causa en el terxnino de veinte y cuatro horas, y que podra, dentro de tres dias perentorios, contados desde el siguiente al de la notificacion, oponerse a la extradicion, alegan- do: 1. Que no es la persona recla- mada; 2. Los defectos sustanciales de que adolezcan los documentos pre- sentados; y 3. La improcedencia del pedi- mento de extradicion. Aeticulo XIV. En los casos en que sea nece- saria la comprobacion de los hechos alegados, se abrira el inci- dente a pruebas, observandose en sus terminos las prescripciones de la ley. procesal de la Republica requerida. Producida la prueba, el mcidente sera resuelto sin mas tramite, en el termino de diez dias, declarando si hay 6 no lugar a la extradicion. Contra dicha providencia se daran, dentro de los tres dias siguientes a su noti- ficacion, los recursos legales del pais del asilo. Aetictjix) XV. La presente Convencion empe- zar4 a regir un mes despues de la ultima ratificacion, y permane- cera en vigor hasta un afio -deSpues de que el deseo de ponerle termino haya sido notificado, en debida forma, por uno de los Gobiemos a los otros. En tal and delivery thereof shall not be made until the question of owner- ship has been determined. Article XIII. In all cases of detention the fu- gitive shall be acquainted within the term of twenty-four hours with the cause thereof, and noti- fied that he may, within not to exceed three days counted from the one following that of the no- tification, oppose extradition, by alleging: 1. That he is not the person claimed ; 2. Substantial defects in the documents presented; and 3. The inadmissibility of the request of extradition. Article XIV. In cases where it is necessary to prove the facts alleged, evi- dence shall be taken, in full ob- servance of the provisions of the law of procedure of the Republic of which extradition is requested. The evidence having been pro- duced, the matter shall be decided without further steps, within the period of ten days, and it shall be declared whether or not the extradition shall be granted. Against such a decision, and with- in three days following notifica- tion thereof, the legal remedies of the country of asylum may be in- voked. Article XA^. The present convention shall take ejffect one month after the last ratification, and shall con- tinue in effect until one year after notification of a desire to termi- nate it shall have been given in due form by one of the Goverrt- ments to the others. In such case CENTRAL AMBBICAUr PEACE CONPEEBNCE. 63 caso, eontinuara vigente entre los it shall continue in force between demas que no la hubieren de- the others who have not re- nunciado. nounced it. Aeticulo XVI. Cada Gobierno debera dar aviso a los demas de la ratifica- cion legislativa de esta Conven- cion dentro de diez dias 4 mas tardar de haberse verificado. Ese aviso por notas se tendra como canje, sin necesidad de formali- dad especial. Firmada en la ciudad de Wash- ington a los veinte dias de Di- ciembre de mil novecientos siete. Article XVI. Each government shall give no- tice to the others of the legislative ratification of this convention Vv'ithin ten days at the latest after it has taken place. This advice, by notes, shall be considered as an exchange of ratification with- out the necessity of any special formality. Signed at the city of Washing- ton on the twentieth of Decem- ber, one thousand nine hundred and seven. Luis Anderson J. B. Calvo Antonio Batees Jauregtji Luis Toledo Hekraetb Victor Sanchez O. Policaepo Bonilla Angel Ugaete E. Constantino Fiallos Jose Madeiz Luis F. Coeea Salvador Gallegos Salvador Rodriguez G. F. Mejia [Inclosure No. 10.] CONVENCION PARA EL ESTABIECI- miENTO DE UNA OEICINA INTEH- NACIONAL CENTROAUERICANA. Los Gobiemos de las Eepiibli- cas de Costa Kica, Guatemala, Honduras, Nicaragua y el Salva- dor, deseando fomentar los intereses coniunes de Centre America, ban convenido en fun- dar una Oficina Internacional que se encargue de la vigilancia y cuidado de tales intereses, y, para realizar tan importante ob- jeto, ban tenido a bien celebrar una Convencion especial, y al efecto ban nombrado Delegados : Costa Rica: a los Excelentisi- mos Senores Licenciado Don Luis Anderson y Don Joaquin B. ' Calvo ; Guatemala : a los Excelentisi- mos Seiiores Licenciado Don An- tonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sancbez Ocana; HoNDUEAs: a los Excelentisi- mos Seiiores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos; Nicaeagtta: a los Excelentisi- mos Seiiores Doctores Don Jose Madriz y Don Luis F. Corea; y EL Salvadoe : a los Excelentisi- mos Seiiores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Rodriguez Gonzales y Don Federico Mejia. En virtud de la invitacion becba conf orme al Articulo II del Protocolo firmado en Wasbing- ton el 17 de Setiembre de 1907 por los Representantes Plenipo- tenciarios de las cinco Republicas 64 CONVENTION FOR THE ESTABLISH- MENT 07 AN INTERNATIONAL CENTRAL AMERICAN BUREAU. The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, and Sal- vador being desirous to develop the interests common to Central America, have agreed to establish an International Bureau that shall take charge of the supervi- sion and care of such interests, and, in order to attain so impor- tant an end, have seen fit to con- clude a special Convention, and for that purpose have named as Delegates : Costa Rica. — Their Excellen- cies Doctor Don Luis Anderson and Don Joaquin B. Calvo ; Guatemala. — Their Excellen- cies Doctor Don Antonio Batres Jauregui, Doctor Don Luis To- ledo Herrarte, and Don Victor Sanchez Ocaiia; HoNDUEAS. — Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte, and Don E. Constantino Fiallos; NicAEAGUA. — Their Excellen- cies Doctors Don Jose Madriz and Don Luis F. Corea ; and Salvadoe. — Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez Gonzalez, and Don Federico Mejia. By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washing- ton on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Re- CENTRAL AMERICAN PEACE CONFERENCE. 65 Centroamericanas, estuvieron pre- sentes en todas las delibera- ciones los Excelentisimos Senores Eepresentante del Gobierno de los Estados Unidos Mexicanos, Em- bajador Don Enrique C. Creel, y Eepresentante del Gobierno de los Estados Unidos de America, Mr. William 1. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centro- americana en Washington, des- pues de haberse comunicado sus respectivos plenos poderes, que eiicontraron en buena forma, han convenido en Uevar a efecto el proposito indicado de la manera siguiente : Aeticulo I. Se reconocen como intereses Centroamericanos a los cuales debe dedicarse preferente aten- cion, los siguientes : 1. Concurrir con todos sus e&fuerzos a la reorganizacion pacifica de la tatria Centro- americana ; 2. Imprimir en la ensenanza popular un caracter esencialmente Centroamericano, en sentido uniforme, haciendola lo mds am- plia, practica y completa que sea posible, y de acuerdo con la ten- dencia pedagogica moderna ; 3. El desarroUo del comercio Centroamericano y de cuanto tienda a hacerlo mas activo y provechoso, lo mismo que a extenderlo en sus relaciones con las demas naciones; 4. El incremento de la agri- cultura y de las industrias que puedan desarrollarse con pro- vecho en sus diversas secciones ; 5. La uniformidad de la legis- lacion civil, comercial y penal, debiendo reconocer, como princi- pal fundamento, la inviolabilidad de la vida, el respeto a la propie- dad y la consagracion mas abso- luta de los derechos de la persona- lidad humana; la del sistema de 37200—08 5 publics, their , excellencies, the Representative of the Govern- ment of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates, assembled in the Central American Peace Confer- ence at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said pur- pose in the following manner : Article I. The following Central Ameri- can interests are recognized as being those to which special attention should be paid : 1. To combine every effort to- ward the peaceful reorganization of their mother country. Central America. 2. To impress upon public edu- cation an essentially Central American character, in a uniform sense, making it as broad, practi- cal, and complete as possible, in accordance with the modern pedagogical tendency. 3. The development of Central American ■ Commerce and of all that may tend to make it more active and profitable, and its ex- pansion with other nations. 4. The advancement of agricul- ture and industries that can be developed to advantage in its dif- ferent sections. 5. The uniformity of civil, commercial, and criminal legisla- tion, recognizing as a fundamen- tal principle the inviolability of life, respect for property, and the most absolute sacredness of the personal rights of man; uni- formity in the system of custom- 66 CENTBAL AMERICAN PEACE CONFEBENCE. aduanas; la del sistema moneta- rio, de modo que asegure un tipo de cambio fijo; la sanidad general y especialmente la de los puertos Centroamericanos ; el afianza- miento del credito de Centre America; la uniformidad del sis- tema de '|)esas y medidas, y la constitucion de la propiedad raiz de tal manera firme e indiscutible que pueda servir de base solida al credito y permitir el estable- cimiento de bancos hipotecarios. Aeticulo II. houses; in the monetary system, in such manner as to secure a fixed rate of exchange; general sanitation, and especially that of the Central American ports; con- fidence in .the Central American credit; uniformity in the system of weights and measures ; the defi- nition of what constitutes real property, in such a firm and un- questionable manner as will serve as a solid foundation for credit and permit the establishment of mortgage banks. Article II. Para los fines indicados ante- riormente, los Gobiernos signata- rios se comprometen a establecer una Oficina Internacional Centro- americana, formada por un dele- gado de cada una de ellas. For the purposes hereinbefore mentioned the signatory Govern- ments bind themselves to estab- lish an International Central American Bureau, composed of one delegate from each one of them. Aeticulo III. La Presidencia de la Oficina debera ejercerse alternativamente entre los miembers que la com- pongan, siguiendose al -efecto el orden alfabetico de los Estados contratantes. Aeticulo IV. Aeticle III. The Presidency of the Bureau shall be exercised alternatively by the members that compose it, the alphabetical order of the con- tracting States being followed for that purpose. Article IV. Las funciones de la Oficina seran todas aquellas que se con- sideren necesarias y convenientes para la realizacion de los intereses que se le encomiendan por el pre- sente convenio; y, al efecto, ella misma deberi detallarlas en los reglamentos que dicte, pudiendo tomar todas las disposiciones de orden interior que conduzcan a llenar debidamente la mision de mantener y desarroUar los inte- reses Centroamericanos que se ponen bajo su cuidado y vigilan- cia. Para obtener este fin, los Go- biernos contratantes se compro- meten a prestar d la Oficina todo The functions of the Bureau shall be all those considered nec- essary and expedient to achieve the objects placed in its care by the present agreement, and to that end the office shall enumerate them in the rules that it may establish, being empowered to make all provisions of internal regulation that may be conducive to the proper' fulfillment of the mission of maintaining and de- veloping the Central . American interests that may be placed un- der its care and supervision. In order to attain this end the contracting governments bind themselves to lend to the Bureau CENTRAL AMEKICAJSr PEACE CONPEEENCE. 67 el apoyo y proteccion necesarios para el buen desempeno de su objeto. AKTICtTLO V. La Oficina debera dirigir cada seis meses, a cada uno de los Gobiernos signatarios, un informe detallado de las labores realizadas en el semestre tjrascurrido. Aeticulo VI. La Oficina residira en la ciudad de Guatemala y se procurara ins- talarla lo mas tarde el dia 15 de Setiembre del ano entrante de 1908. Aeticulo VII. Los agentes diplomaticos y con- sulares de los Gobiernos contra- tantes deberan prestar a la Ofi- cina todo el concurso que ella les pida, suministrandole cuantos da- tos, informes y noticias necesite y debiendo cumplir las comisiones y eneargos que tenga a bien en- comendarles. Aeticulo VIII. Los gastos que ocasione el man- tenimiento de la Oficina ser^n pagados por partes iguales por los Estados signatarios. Aeticulo IX. La Oficina debera tener.un 6r- gano de publicidad para bus tra- bajos y procurard mantener rela- ciones con los demas centros de indole analoga, particularmente con la Oficina Internacional de las Repiiblicas Americanas esta- blecida en Washington. Aeticulo X. La Oficina sera 6rgano de inte- ligencia entre los paises signata- all the support and protection necessary for the proper fulfill- ment of its object. Article V. The Bureau shall every six months send to each of the signa- tory Governments a detailed re- port of the work accomplished in the preceding half-year. Aeticle VI. The Bureau shall be located in the city of Guatemala, and effort shall be made to install it at the latest on September 15 of the coming year 1908. Aeticle VII. The diplomatic and consular agents of the contracting Govern- ments shall lend all the assistance that the Bureau may ask of them, furnishing it with all the needed data, reports, and information and shall fulfill the commissions and requests that it may see fit to entrust to them. Article VIII. The expenses incident to the maintenance of the Bureau shall be paid in equal parts by the signatory Powers. Aeticle IX. The Bureau shall have an organ of publicity in connection with its work, and shall endeavor to maintain intercourse with other offices of a like nature, particular- ly with the International Bureau of the American Kepublics estab- lished in Washington. Aeticle X. The Bureau shall be a medium of intelligence among the signa. 68 CENTRAL AMERICAN PEACE CONFERENCE. rios, elevara a los Gobiemos res- pectivos las comunicaciones, in- tormes y memorias que estime necesarias para el desarroUo de las relaciones e intereses que le estan encomendados. Aeticulo XI. La presente Convencion durara quince afios, prorrogables a vo- luntad de las Altas Partes Con- tratantes. Firmada en la ciudad de "Wash- ington, a los veinte dias de Di- ciembre de mil novecientos siete. tory countries and shall send the respective governments the com- munications, information, and re- ports that it may deem necessary for the development of the rela- tions and interests with which it is entrusted. Article XI. The present Convention shall remain in force for fifteen years, and may be extended at the will of the High Contracting Parties. Signed at the city of Wash- ington on the twentieth day of December, one thousand nine hun- dred and seven. Ltjis Akderson J. B. Calvo Antonio Batkes Jaueegui Luis Toledo Hekeaete Victor Sanchez O. POLICAEPO BoNILLA Angel Ugaete E. Constantino Fiallos Jose Madeiz Lins F. Coeea Salvador Gallegos Salvador Rodeigtjez G. F. Mejia. [Inclosure No. 11.] CONVENCION FABA EL ESTABIE- CIMIENTO DE TIN INSTITTTTO FESAGdGICO CENTROAHEEICANO. Los Gobiemos de las Eepubli- cas de Costa Eica, Guatemala, Honduras, Nicaragua y el Salva- dor, reconociendo como de la mayor importancia y trascenden- cia para informar la enseiianza en un espiritu le centroamericanis- mo y encaminarla uniformemente por los derroteros que marca la Pedagogia modema, y animados del deseo de hacer ef ectivo y prac- tico ese reconocimiento, han dis- puesto celebrar una Convencion, y al efecto han nombrado Delega- dos: Costa Rica: a los Excelentisi- mos Senores Licenciado Don Luis Anderson y Don Joaquin B. Calvo ; Guatemala: a los Excelentisi- mos Senores Licenciado Don An- tonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocaiia; Honduras: a los Excelentisi- mos Seiiores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos : Nicaragua: a los Excelentisi- mos Senores Doctores Don Jose Madriz y Don Luis F. Corea ; y EL Salvador : a los Excelentisi- mos Senores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Rodriguez Gonzalez y Don Federico Mejia. En virtud de la invitacion hecha conforme^al Articulo II del Protocolo firmado en Washing- ton el 17 de Setiembre de 1907 por los Representantes Plenipo- CONVENTION FOR THE ESTABLISH- MENT OF A CENTRAL AMERICAN PEDAGOGICAL INSTITUTE. The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salva- dor, recognizing it as of the great- est importance and consequence to model public instruction on a spirit of Central-Americanism and to direct it uniformly along the lines which modern pedagogy establishes, and being animated by the desire to make this recog- nition effective and practical, have decided to conclude a con- vention, and to that end have named as Delegates: Costa Rica: Their Excellen- cies Doctor Don Luis Anderson and Don Joaquin B. Calvo: Guatemala : Their Excellen- cies Doctor Don Antonio Batres Jauregui, Doctor Don Luis Toledo Herrarte, and Don Victor San- chez- Ocana ; Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte, and Don E. Constantino Fiallos; Nicaragua: Their Excellencies Doctors Don Jose Madriz and Don Luis F. Corea ; and Salvador : Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez Gonzalez, and Don Federico Me- By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washing- ton on Septemter 17, 1907, by the Plenipotentiary Representatives 69 70 CENTBAL AMERICAN PEACE CONFEBENCE. tenciarios de las cinco Eepublicas Centroamericanas, estuvieron pre- sentes en todas las delibera- ciones los Excelentisimos Senores Representante del Gobierno de los Estados Unidos Mexicanos, Em- bajador Don Enrique C. Creel, y Representante del Gobierno de los Estados Unidos de America, Mr. William I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centroame- ricana en Washington, despues de haberse comunicado sus respecti- vos plenos poderes, que encon- traron en buena forma, han con- venido en Uevar a efecto el pro- posito indicado, de la manera siguiente : Aeticulo I. Las Eepublicas de Costa Rica, Guatemala, Honduras, Nicaragua y el Salvador, animadas del deseo de establecer un servicio de edu- cacion comun, esencialmente ho- mogeneo y que propenda a la uni- ficacion moral e intelectual de estos paises hermanos, han con- venido en fundar, a expensas y en provecho de todas, un Instituto Pedagogico, con seccion de hom- bres y mujeres, para la educa- cion profesional del magisterio. Costa Rica serd, el asiento del es- tablecimiento. of the five Central American Re- publics, their exqellencies, the Representative of the Govern- ment of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates, assembled in the Central American Peace Confer- ence at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner : Article I. The Republics of Costa Rica, Guatemala,' Honduras, Nicaragua and Salvador, animated by the desire of establishing a common, essentially homogeneous system of education, which shall tend toward the moral and intellectual unification of these sister coun- tries, have agreed to found, at the expense and to the advantage of all, a Pedagogical Institute, with a division for men and for wom- en, for the professional education of teachers. Costa Rica shall be the seat of the institute. Aeticxilo II. Es entendido que, en punto a personal docente, edificios, mobi- liario y material cientlfico, el Ins- tituto Pedagogico estara a la al- tura de los mejores de su clase. Aeticle II. It is understood that with re- gard to its staff of teachers, build- ings, furnishings, and scientific apparatus the Pedagogical Insti- tute shall be of as high a grade as the best institutes of its class. Aetictilo III. Aeticle III. La instalacion, organizacion y administtacion economica, asi como el control general del esta- blecimiento, corresponden al Go- bierno de Costa Rica; pero The installatio'n, organization, and economical administration, as also the general control of the establishment, shall pertain to the Government of Costa Rica; but CENTBAL AMEEICAN PEACE CONFERENCE. 71 los otros Gobiemos interesados podran, cuando lo estimen con- veniente, nombrar un delegado al consejo directive del mismo. El Gobierno de Costa Eica comuni- cara anualmente a los otros Go- biemos la marcha y estado del establecimiento. Akticulo IV. Cada Republica tiene derecho d mantener hasta cien normalistas en el Institute Pedagogico — cin- Guenta de cada sexo — pero no de- jara de enviar, por lo menos, veinte de cada sexo. Ahticulo V. Calculado el presupuesto de gastos extraordinarios de instala- cion, en los cuales entran los edi- ficios, el mobiliario y el material cientifico, la traida del personal docente, etc., se comunicara a los Gobiemos interesados, cada uno de los cuales pondra a la disposi- cion del de Costa Eica la cuota que le corresponda como contribu- cion. En vista del progresivo en- sanche y desarroUo del Institute Pedagogico Centroamericano, el Gobierno de Costa Eica queda facultado para construir edifices especiales, situados fuera de los grandes centres de poblacion, en lugares sanos, frescos y propicies para el trabaje intelectual. Akticulo VI. En cuanto a los gastos ordina- ries de sueldos, internado, admi- nistracion, etc., seran abonades a Costa Eica al comienze de cada ejercicio lectivo. Aetictjlo VII. La Liga Pedagogica aqui cen- venida — primer pase en el sentido the other interested Governments shall have the right, when they consider it expedient, to name a representative en the executive beard of the same. The Govern- ment of Costa Eica shall com- municate annually to the other Governments the progress and condition of the establishment. Article IV. Each Eepublic has the right to maintain as many as one hundred students in the Pedagogical Insti- tute, fifty of each sex, but shall not send less than twentj' of each sex. Article V. The estimate of extraordinary expenses of installation, in which shall be included the buildings, the furnishings, the scientific equipment, the transportation of the professorial staff, etc., having been made, it shall be communi- cated to the Governments inter- ested, each one of which shall place its respective quota at the disposal of the Government of Costa Eica. In view of the progressive ex- pansion and development of the Central American Pedagogical Institute, the Government of Costa Eica is authorized to con- struct special buildings, removed from the great centers of popula- tion, in cool, healthy places ap- propriate for intellectual work. Article VI. With regard to the ordinarj' expenses of salaries, board, ad- ministration, etc., they shall be paid to Costa Eica at the begin- ning of each school year. Article VII. The Pedagogical League here- by agreed to — the first step to- 72 CENTKAI, AMERICAN PEACE CONFERENCE. de la unificacion de los sistenias de ensefianza — durara quince anos, prorrogables a voluntad de las Alias Partes Coniratantes. Articulo VIII. Esta Convencion sera ratificada por notas cambiadas entre los Gobiernos interesados; y una vez ratificada, se pondra en vigor, sin perdida de tiempo. Firmada en la ciudad de Wash- ington, a los viente dias de Di- ciembre de mil novecientos siete. ward the unification of the sys- tems of education — shall continue in existence fifteen years, and may be extended at the will of the High Contracting Parties. Article VIII. This Convention shall be rati- fied by means of notes exchanged among the Governments inter- ested; and once ratified, it shall take effect without loss of time. Signed at the city of Washing- ton on the twentieth day of De- cember, one thousand nine hun- dred and seven. Luis Anderson J. B. Calvo Antonio Batres Jauregui Luis Toledo Herrarte Victor Sanchez O. policarpo bonilla Angel Ugarte E. Constantino Fiallos Jose Madriz Luis F. Corea Salvador Gallegos Salvador Rodriguez G. F. Mejia. [Inclosure No. 12.] CONVEHCION SOBRE FUTTTRAS CON- FEBENCIAS CENTBOAMERICANAS. Los Gobiernos de las Repiibli- cas de Costa Rica, Guatemala, Honduras, Nicaragua, y el Salva- dor, deseando promover la unifi- cacion y armonia de sus intereses, como uno de los medios mas eficaces para preparar la fusion de los pueblos centroamericanos en una sola nacionalidad, han convenido en celebrar una Con- vencion para el nombramiento de Comisiones y para la reunion de Conferencias Centroamericanas que acuerden las medidas mas oportunas y convenientes a fin de uniformar sus intereses econo- micos y fiscales; y al efecto han nombrado Delegados: Costa Eica : a los Excelentisi- mos Seiiores Licenciado Don Luis Anderson y Don Joaquin B. Calvo ; Guatemala : a los Excelentisi- mos Seiiores Licenciado Don An- tonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocafia ; Honduras: a los Excelentisi- mos Seiiores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos ; Nicaragua: a los Excelentisi- mos Seiiores Doctores Don Jose Madriz y Don Luis F. Corea; y EL Salvador : a los Excelentisi- mos Seiiores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Rodriguez Gonzalez y Don Federico Mejia. coNVEWxiON coNCERWiKra future CENTRAL AMERICAN CONFER- ENCES. The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, and Sal- vador, desiring to promote the unification and harmony of their interests, as one of the most effica- cious means to prepare for the fusion of the Central American peoples into one single national- ity, have agreed to conclude a Convention for the naming of Commissions and for the meeting of Central American Conferences, which shall agree upon the most efficacious and proper means to the end of bringing uniformity into their economical and fiscal interests; and to that end hnve named as Delegates: Costa Rica : Their Excellencies Doctor Don Luis Anderson and Don Joaquin B. Calvo; Guatemala : Their Excellen- cies Doctor Don Antonio Batres Jauregui, Doctor Don Luis To- ledo Herrarte, and Don Victor Hanchez Ocaiia ; Honduras : Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel IJgarte, and Don E. Constantino Fiallos; Nicaragua : Their Excellencies Doctors Don Jose Madriz and Don Luis F. Corea; and Salvador : Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez Gonzalez, and Don Federico Mejia. 73 74 CENTRAL AMERICAN PEACE CONFERENCE. En virtud de la invitacion hecha conforme al Articulo II del Protocolo firmado en Washington el 17 de Setiembre de 1907 por los Represent antes Plenipoten- ciarios de las cinco Republicas Centroamericanas, estuvieron pre- sentes en todas las delibera- ciones los Exce'lentisimos Senores Eepresentante del Gobierno de los Estados Unidos Mexicanos, Em- bajador Don Enrique C. Creel, y Representante del Gobierno de los Estados Unidos de America, Mr. William I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centroameri- cana en Washington, despues de haberse comunicado sus respecti- vos plenos poderes, que encon- traron en buena forma, han con- venido en Uevar a efecto el pro- posito indicado de la manera siguiente : AETICtrLO I. By virtue of the invitation sent in accordance with Article II of. the Protocol signed at Washing- ton on September 17, 1907, by the Plenipotentiary Representa- tives of the five Central American Republics, their excellencies, the Representative of the Govern- ment of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates, assembled in the Central American Peace Confer- ence at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner : Article I. Cada uno de los Gobiemos con- tratantes se compromete a nom- brar dentro de un mes, contado de la ultima ratificacion del pre- sente Convenio, una 6 mas Comi- siones que se ocupen de preferen- cia en el estudio de todo lo con- cerniente al sistema monetario de su respectivo pais, especialmente en relacion con el de los otros Es- tados, y con el intercambio entre eUos; y, ademas, en el estudio de todo lo relative a los sistemas de . aduanas, de pesas y medidas y de otras materias de orden economico y fiscal que se juzgue conveniente uniformar en Centro America. " Each one of the contracting Governments obligates itself to name within one month, counted from the last ratification of this agreement, one or more Commis- sions, which shall occupy them- selves preferably with the study of all that concerns the monetary system of their respective coun- tries, especially in relation to those of the other States, and in- terchange amongst them; and, besides, the study of everything relating to the custom-house sys- tems, the system of weights and measures, and other matters of an economic and fiscal nature which it ma3' be deemed expedient to make uniform in Central America. Articulo II. Article II. Las Comisiones deberan pre- sentar un informe dentro de seis meses despues de su nombramien- The Commissions shall present a report within six months after their appointment, and each Gov- CENTBAL AMERICAN PEACE CONFERENCE. 75 to, y cada Gobierno comunicard ese mforme a los demas, excitan- dolos para que procedan i de- signar uno 6 mas delegados que concurran a una Conferencia Cen- troamericana, la cual se inaugu- rara el 1 de Enero inmediato, y se ocupard en celebrar una Con- venci6n que tenga por objeto acordar las medidas que tiendan 4 realizar los fines a que se refiere el Articulo I, dando preferencia A lo referente al sistema mone- tario de las cinco Eepiiblicas, y procurando establecer en ellas un cambio fijo con relacion al oro. Articulo III. Se continuara celebrando Con- ferencias anualmente, que se in- stalaran el dia 1 de Enero, para tratar de los puntos comprendidos en el Articulo I de esta Conven- cion que no hay an sido objeto de resolucion en la Conferencia an- terior ; y de los demas asuntos que los Gobiemos tengan a bien some- ter a dichas Conferencias. Articulo IV. La primera Conferencia se reu- nira en la ciudad de Teguci- galpa, en la fecha indicada en el Articulo II; y al terminar sus sesiones, designard. el lugar en que deba reunirse la proxima Con- ferencia, y asi sucesivamente. Articulo V. La presente Convencion regira durante cinco afiios; pero si expi- rado ese termino ninguno de los Gobiernos signatarios la hubiere denunciado, continuara en vigen- cia hasta seis meses despues de que alguna de las Altas Partes Con- tratantes haya notificado a las ernment shall communicate such report to the others, inviting them to designate forthwith one or more delegates, in order that they may attend a Central American Conference, which shall be inau- gurated on the first of the follow- ing January, and shall have for its object the conclusion of a Con- vention for the purpose of defin- ing the means tending to the accomplishment of the ends to which Article I relates, giving preference to what relates to thei monetary system of the five Re- publics and endeavoring to estab- lish therein a fixed rate of ex- change with regard to gold. Article III. Conferences shall be held an- nually thereafter, which shall open on the first day of January, in order to treat the questions comprised in Article I of this Convention which have not been settled at the previous Confer- ence; and all the other matters which the Governments may see fit to submit to said Conferences. Article IY. The first Conference shall meet at the city of Tegucigalpa on the date indicated in Article II ; and when its sessions are over it shall designate the place in which the next Conference shall meet, and so on successively. Article V. The present Convention shall remain in force for five years, but if at the expiration of that term none of the signatory Govern- ments shall have denounced it, it shall continue in force until six months after one of the High Contracting Parties shall have 76 CENTKAXi AMERICAN PEACE CONFERENCE. otras su resolucion de separarse de notified the others of its determi- ella. nation to withdraw from it. Firmada en la ciudad de Wash- Signed at the City of Wash- ington a los veinte dias de Di- ington on the twentieth day of ciembre de mil novecientos siete. De'ceraber, one thousand nine hun- dred and seven. Ltjis Anderson J. B. Calvo Antonio Batees Jaueegui Ltfis Toledo Heeeaete VicTOE Sanchez O. Policarpo Bonilla Angel Ugaete E. Constantino Fiallos Jose Madeiz Luis F. Coeea Salvadoe Gallegos Salvador Eodeiguez G. F. Mejia. [Inclosure No. 13.] CONVENCION DE COUVNICACIONES. CONVENTION ON COMMUNICATIONS. Los Gobiernos de las Repiibli- cas de Costa Rica, Guatemala, Honduras, Nicaragua y el Sal- vador, deseando contribuir cada una, en la parte que le corres- ponda, a la realizacion de la grande obra del Ferrocarril Pan- americano, y a fin de realizar tan importante objeto, ban tenido a bien celebrar una Convencion especial, y al efecto han nom- brado Delegados : Costa Rica : a los Excelentisi- mos Seiiores Licenciado Don Luis Anderson y Don Joaquin B. Calvo ; Guatemala: a los Excelentisi- mos Seiiores Licenciado Don Antonio Batres Jauregui, Doctor Don Luis Toledo Herrarte y Don Victor Sanchez Ocaiia; Honduras: a los Excelentlsi- mos Senores Doctor Don Poli- carpo Bonilla, Doctor Don Angel Ugarte y Don E. Constantino Fiallos ; Nicaragua : a los Excelentisi- mos Seiiores Doctores Don Jose Madriz y Don Luis F. Corea ; y EL Salvador : a los Excelentisi- mos Seiiores Doctor Don Salva- dor Gallegos, Doctor Don Salva- dor Rodriguez Gonzalez y Don Federico Mejia. En virtud de la invitacion hecha conforme al Articulo II del Protocolo firmado en Wash- ington el 17 de Setiembre de 1907 por los Representantes Plenipo- tenciarios de las cinco Repiiblicas Centroamericanas, estuvieron pre- sentes en todas las deliberacio- nes los Excelentisimos Seiiores The Governments of the Re- publics of Costa Rica, Guatemala, Honduras, Nicaragua, and Sal- vador, each being desirous to contribute its share towards the realization of the great work of the Pan-American Railway, and, in order to attain so important an end, have seen fit to conclude a special Convention, and to that end have appointed as Delegates: Costa Rica : Their Excellencies Doctor Don Luis Anderson and Don Joaquin B. Calvo; Guatemala : Their Excellencies Doctor Don Antonio Batres Jau- regui, Doctor Don Luis Toledo Herrarte, and Don Victor San- chez Ocana; Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel XJgarte, and Don E. Constantino Fiallos; Nicaragua : Their Excellencies Doctors Don Jose Madriz and Don Luis F. Corea; and Salvador : Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodriguez . Gonzalez, and Don Federico Mejia. By virtue of the. invitation sent in accordance with Article II of the Protocol signed at Washing- ton on September 17, 1907, by the Plenipotentiary Represent- atives of the five Central Ameri- can Republics, their excellencies, the Representative of the Govern- ment of the United Mexican T7 78 CENTRAL AMERICAN PEACE CONFERENCE. Eepresentante del Gobierno de los Estados Unidos Mexicanos, Embajador Don Enrique C. Creel, y Eepresentante del Gobierno de los Estados Unidos de America, Mr. William I. Buchanan. Los Delegados, reunidos en la Conferencia de Paz Centro- americana en Washington, des- pues de haberse comunicado sus respectivos plenos poderes, que encontraron en buena forma, han convenido en llevar a efecto el proposito indicado de la manera siguiente : Aetictilo I. Cada Gobierno nombrara una Comision para que. estudie y proponga los medios mas a pro- posito para llevar a efecto la parte de la referida obra dentro de su proprio territorio. Aeticulo II. Las Comisiones, aprovechando los estudios que existen respecto del Ferrocarril Panamericano, y haciendo los mas que estimen necesarios, presentaran a sus res- pectivos Gobiernos informes de- tallados sobre el numero de millas que haya de construirse, las po- blaciones y terrenos que deba atravesar la Ifnea, los ramales que convenga unir a la linea principal, el costo de las diferen- tes secciones y todos los puntos que estime convenientes para el fin propuesto. Aeticulo III. Las mismas Comisiones, al in- dicar los medios mas aprppiados para la construccion de los tra- yectos respectivos, sugeriran, en cuanto sea posible, todo lo con- veniente a concesiones de terrenos, privilegios, tarifas, garantias y States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations. The Delegates assembled in the Central American Peace Confer- ence at Washington, after haAdng communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said pur- pose in the following manner. Aeticle I. Each Government shall appoint a commission, in order that it may study and propose the most suitable measures to carry out the portion of said work within its own territory. Aeticle II. The commissions, availing themselves of the surveys already existing of the Pan American Railway, and making all others that they may deem necessary, shall submit to their respective Governments detailed reports con- cerning the number of miles which need to be constructed, the towns and lands which the line should cross, the branches which it is advisable to connect to the principal line, the cost of the different sections, and all the measures that it may deem expe- dient for the end in view. Aeticle III. The same commissions, when they point out the most suitable measures for the construction of the respective sections, shall suggest, as far as possible, what ought to be done concerning con- cessions of lands, privileges, CENTRAL AMERICAN PEACE 'COKTEEKENCE. 79 demas elementos usimles en estos tariffs, guarantees, and other casos. points usual in such cases. Aeticulo IV. Una vez aprobados por los Gobiernos dichos informes, se remitiran a la Oficina Interna- cional de las Repiiblicas Ameri- canas en Washington, para que en ella se abra un concurso a fin de obtener las mejores condiciones al celebrar las contratas corres- pondientes para la construccion de las lineas que se consideren necesarias. Article IV. After approval by the Govern- ments, said reports shall be seijt to the International Bureau of the American Republics at Washing- ton, so that bids may be solicited, in order to obtain the best condi- tions in letting the corresponding contracts for the constiuctiou of the lines which are considered necessary. Aktictjlo V. Article V. La Oficina Internacional, de acuerdo con los Kepresentantes Diplomaticos de las cinco Repii- blicas de Centro America, abrira dicho concurso, dirigiendo sus esfuerzos en primer termino a la organizacion de una 6 mas com- paiiias que construyan los trayec- tos indicados, y en caso contrario, a unificar y poner de acuerdo , a las diferentes compafiias que liayan obtenido u obtengan con- cesiones, 6 celebrado contratas directamente con los Gobiernos. Articuix) VI. Los Gobiernos Contratantes se pondran de acuerdo con el Go- ■bierno de los Estados Unidos Mexicanos y con el Gobierno de Panama, para todo lo que se re- fiera al transito de mercaderias y pasajeros de frontera a frontera. Aeticulo VII. Las Comisiones seran nombra- das en cuanto se apruebe la pre- sente Convencion, y el informe se presentara en un termino que no exceda de seis meses despues de dicho nombramiento. The said International Bureau, together with the Diplomatic Rep- resentatives of the five Republics of Central America, shall open said competition, endeavoring in the first place to secure the or- ganization of one or more com- panies which will construct the sections indicated, and if that be impossible to consolidate and bring to an agreement the differ- ent companies that may hold or obtain concessions or contracts di- rectly with the Governments. Article VI. The contracting governments shall come to an agreement with the Government of the United Mexican States and with the Government of Panama concern- ing everything that may refer to the transit or merchandise and passengers from border to border. Article VII. The commissions shall be ap- pointed subject to the approval of the present Convention, and the report shall be presented within a term of not to exceed six months after said appointment. 80 CENTBAL AMEKICAN PEACE CONFERENCE. Aeticulo VIII. La presente Convencion no sera obstaculo para que los Gobiernos celebren directamente las con- tratas referentes a la construccion de ferrocarriles en sus respectivos paises; pero quedan obligados a remitir dichas contratas a la Ofi- cina Internacional, para la unifi- cacion 6 acuerdo a que se refiere el Articulo V. Article VIII. The present convention shall not preclude the Governments from directly making contracts referring to the construction of railroads in their respective coun- tries; but they must send said contracts to the International Bu- reau, in vie^' of the consolidation or agreement to which Article V refers. Aeticttlo IX. Article IX. Los Gobiernos Contratantes se obligan ademas celebrar los arre- glos convenientes para e=;tablecer y mejorar los servicios de comu- nicaciones entre las distintas B,e- piiblicas, tales como lineas de vapores, cables submarinos, tele- grafos con 6 sin hilos, telefonos, y cuanto pueda conducir a estre- char mas sus mutuas relaciones. Los convenios actuales para el servicio cablegrafico, telegrafico y- telefonico continuaran en vi- gencia mientras los Gobiernos in- teresados lo crean conveniente. Firmada en la ciudad de Wash- ington a los Veinte dias de Di- ciembre de mil novecientos siete. The contracting governments, moreover, pledge themselves to make the necessary arrangements to establish and improve the means of communication between the several Eepublics, such as lines of steamships, submarine cables, telegraph lines, wireless stations, telephones, and every- thing that may tend to cement their mutual relations. The existing agreements con- cerning cable, telegraph, and tele- phone services, shall continue in force so long ' as the interested Governments deem it convenient. Signed at the city of Washing- ton on the twentieth day of De- cember, one thousand nine hun- dred and seven. Luis Akderson J. B. Calvo Antonio Batees Jauregtji Luis Toledo Heeeaete VicTOE Sanchez O. policaepo bonilla Angel Ugaete E. Constantino Fiallos Jose Madeiz Luis F. Corea Salvador Gallegos Salvadob- Rodriguez G. F. Mejia. [Inclosure No. iSa.] NOTES ON A RAILWAY THBOUGH CENTBAI AMERICA. [Presented by the delegation of Costa Rica to the Central American Peace Conference.] Gentlemen : We do not think it necessary to state that no matter what reso- lutions the Conference may adopt in regard to the principal subjects embraced within the scope of the most important mission which our several Governments have intrusted to us, one of the main points to be taken into consideration is that of recommending the Improvement of both the land and sea communi- cations among the Central American Eepublics themselves and« between these and their neighboring countries and any other States whose relations may foster the development of commerce and other advantages to be derived, from the general progress of our respective countries. The importance of these means of communication, of a railway which will unite all our countries and may contribute through its powerful agency to efface boundary lines and bring our peoples closer and closer together, is not only a want which we all feel, but is a work that can be realized without an effort beyond the means which we are fortunate to have within our reach. The minister of Costa Rica in Washington has always been of this opinion, and ah earnest supporter of the Pan-American Railway project. Upon his re- turn from Mexico, after the Second International Conference, for so many reasons worthy of our recollection, he published a few remarks and data, par- ticularly referring to the share of our countries in that great enterprise, and it was with gratification that we saw that his modest contribution was received with marked favor by the American press. Not very long ago, while in search of new data, of a new light which might contribute to the realization of the International Hallway project between Mexico and Panama, where the opening of the Isthmian Canal by the Govern- ment of Washington promises to be an event of the near future for the greatest benefit of the whole world, the minister had the good fortune to receive from Mr. Theodore Paschke, member of the American Society of Civil Engineers, New York, the accompanying document, which is far above and beyond anything we could ever have written on such an important matter. The distinguished engineer, Mr. Paschke, has lived for many years in Central America. While in Guatemala he directed part of the work on her railroads and now holds a position of great responsibility with the New Xork subway, which shows that he is a most competent man, whose opinions deserve the greatest consideration and prestige. We must not omit to state that Mr. Paschke has dedicated the work to which we refer to the memory of Don Gulllermo Nanne, a German by birth, ^d a Costa RIcan at heart, not only because of his love for that country, but be- cause his distinguished family was born there. Mr. Nanne is one of those per- sons whose pleasant personality is forever connetited with the memory of the construction of the first railway in Costa Rica and Guatemala. Mr. Paschke's work Is particularly instrtictive and will no doubt be an ex- cellent contribution to the study of whatever recommendations the Conference may decide to make to our respective Governments, and with this end in view, we have the honor to respectfully submit this work to our distinguished col- leagues In the hope that the data therein contained might be of service. Luis Andbbson. J. B. Calvo. Washington, D. C, November 20, 1907. 37200—08 C Si 82 CENTRAL AMERICAN PEACE CONFERENCE. The International Railway. [By J. B. Calto.] When we consider the great Influence which the means of communication ex- ercise, not only In the development of the natural resources and other fountains of national production, but also in the moral and intellectual advancement which the widening of the sphere of action affords to man, the great benefits that would result to the American Republics from the construction of a con- tinental railroad become evident. The enterprise is certainly a colossal one, though it does not in i-eality present any insurmountable obstacles, and in order to become an accomplished fact it only requires that the project should be taken up with a resolute purpose and properly started. It is evident that the development of local traffic alone would pay, in the Immediate future, the cost of the road, and that the increase of the commercial relations between the neighboring countries would be very rapid, promoting in this manner the general, political, and social welfare of all the nations of this continent, as well as securing a closer union among them, all of which would tend to daily increase the value of capital and the profits thereof. The progress which Mexico has made in the last few years has naturally attracted the attention of the whole world, and the great impulse given to all her industries demands, for that prosperous Republic, easy means of communi- cation with the' contiguous States, where excellent markets are to be found for many of her varied products, which competition on the north carries to said States in the south, as is the case at present — particularly with regard to cotton fabrics and all kinds of leather goods. It is a fact that the Central American States are constantly progressing ; and while the moral advancement is also evidenced by the peaceful condition which they at present enjoy, the development of their manifold and rich sources of production increases daily, thus encouraging new enterprises, the improvement of the existing means of communication, and the construction of other new and important ones. In the far south, the Argentine Republic rises up as an agricultural rival of the United States of America, while Chile initiates a competition on the Pacific with the steamship companies of the great American nation. These practical examples of the advancement of the Latin-American countries indicate the activity and progress which they have already reached, and show clearly the great importance of the field which they afford to business and enterprise. Brazil, with her extensive territory; Uruguay, with her favored geographical position ; Peru, Bolivia, Ecuador, Venezuela, and Colombia, by the exuberant richness of their soil, all enjoy, in an equal degree, the benefits of progress and civilization. Therefore the construction of a railway through all these countries will find abundant elements of support already existing and many others which it will of itself create, either owing to the Influence of the facilities for local traffic or as a consequence of rapid communication between the different States. At the First International Conference held in Washington in 1889-1890 resolu- tions were passed for the purpose of carrying out this great enterprise, and as a practical result of the preliminary steps then taken the proper studies of the matter were made by several corps of engineers, who presented an exhaustive report, which is printed with maps and Illustrations in seven large volumes. From these studies it appears that the length of a railroad from New York to Buenos Aires would be 10,471 miles, and that half of this enormous distance Is already covered by existing railroad lines. Referring especially to the first part of this great continental enterprise, It would be an easy task to show that it only requires a slight impulse for its realization in all that portion of the hemisphere lying north of Panama. In fact, the distance of 2,187 miles from New York to Laredo on the Mexican frontier, that of 839 miles from Laredo to the City of Mexico, and that of 343 miles from the latter city to Oaxaca is covered by railroad lines now in actual operation. There are at the present time two Mexican railways that approach the Guatemala frontier, one of which runs from Pueblo to Oaxaca on the Paciflc slope, and which would require an extension of 400 miles In order to reach said frontier; and the other which extends from Cordoba, a town situated on CENTRAL AMERICAN PEACE CONFERENCE. 83 the line of the "Veracruz Railway on the mountain range that slopes toward the Gulf of Mexico. In addition to the lines mentioned there are other railroads •In course of construction that will connect with the interoceanlc Railroad of the Isthmus of Tehuantepec, and, what seems to be of still greater importance In this connedtlon, the Mexican Government has granted a concession, carrying with It liberal subsidies for the construction, within a period of two years, of a railway which, starting from the Isthmus as a branch of the Interoceanlc Railway referred to, will extend to the boundary line of Guatemala. This new development of railways in Mexican territory having been accom- plished, the greatest of the difiiculties in extending the Intercontinental Railroad will have been overcome by connecting the railway lines of the Central Amer- ican States, several sections of which can be utilized for the main line. It will be sufficient to observe in this connection that of the 1,107 miles that a route on the Pacific side will have to cover in Central America from the Mexican to the Colombian frontier there are now constructed and In operation 211.3 miles of track, particularly in Salvador and Nicaragua, where the longest railroad lines follow in the greater part of their course a direction generally parallel to that of the coast. In Guatemala there is a railroad extending from the port of Ocos to the village of Ayutla near the Mexican frontier, and the lines constructed in this and the other Central American Republics aggregate a little less than 1,000 miles, viz : Miles. Guatemala 342 Salvador ^ 132 Honduras 50 Nicaragua 176 Costa Rica <» ^ 222 But in Costa Rica, Guatemala, and Honduras the principal railway lines follow a transverse direction, because they run from the interior to the ports. Nevertheless, branch lines are being constructed in the three countries men- tioned which, within a short time, will not only be able to add considerable length to the part of the system already completed, but will also insure in this manner the guaranty of success for an Intercontinental Railway by the conse- quent increase of traffic that will always result from the greater number of their connections. Such favorable conditions did not exist in Mexico when the construction of the first railway between the United States and that Republic was projected. The undertaking was not favored by the public, because it was thought that It would not be profitable, and to-day — twenty years having scarcely elapsed — there are three railway lines in constant operation, fed by the growing com- merce between the two nations. These iron highways, as a natural conse- quence, promote the mutual development of interests, and encourage at the same time the construction of other railways with which they will connect. There is, then, no reason to doubt, in view of these premises, which are palpable facts, that the extension of railways to the south will produce equally as good, if not better, results to capital, exclusive of the beneficent moral influence they will exert on the future of the nations of this continent. The realization of the plan for uniting the two great oceans by a canal across the Central American Isthmus between Costa Rica and Nicaragua seems near at hand, and if, as it is reasonable to hope, the execution ot the same is speedily decided upon, the northern section of the Intercontinental Railway will thereby greatly increase in importance. At the Second International Conference, held in Mexico from October, 1901, to January, 1902, it was resolved to ratify the resolutions of the first Con- ference, held in Washington, and to recommend, among other things, that the Government of the United States of America initiate, by means of the diplo- matic representatives of the American Republics accredited in Washington, the " Since that time considerable progress has been made in the extension of the railroad lines in Costa Rica, Guatemala, Nicaragua, and Salvador. The Guatemalan Railway to Puerto Barrios, on the Caribbean Sea, runs so near the Salvadorean frontier that very soon the two countries will connect their lines, thus aiding In a most substantial way the progress of the Central American Railway. 84 CENTBAL AMEfilCAN PEACE CONFERENCE. measures most appropriate for the, sending, within a year, of commissioaeirs t» report upon the railways already completed and the concessions that the re- spective governments will grant far the construction of a continental railway. » At the present time this idea is greatly favored, and it can be expected that with a new impulse it will soon become an accomplished fact. May it be so for the welfare of the American Republics. Washington, D. C, April, 1902. OuB Duty Toward Cestbal Amebica. At every recurring family quarrel taking place regularly within relatively short periods among our Central American friends and neighbors, the questloB "What is to be done with Central America?" presents itself to the average observant, thinking American, and no satisfactory solution of the problem can be found in any utterings of the country's press. To be sure, a Central American Union or Confederation suggests itself imme- diately, in. considering the question, as the only rational remedy to be sought to apply. There is no dispute about the correctness of this — everyone admits it, even the Central American, be he a dweller in Guatemala or Costa Rica, im Salvador, Nicaragua or Honduras. Yes, it is safe to assume that the highly patriotic desire to bring about such a confederation has been the secret driving spring of many of the fraternal conflicts which have been witnessed for the last seventy-five years. Why, then, do the many attempts to estahlish a Central American Union prove such abortive failures? It is because they have their origin in the ambitious spirit of some particular, limited locality for the complete domination of the whole; the other localities resent this, and the result is strife and ultimate failure. It is because the proper foundation is lacking whereon a Union edifice may be constructed and rest secure against the undermining influences of local dissensions. This, then, is the first duty of the architect who would undertake to construct a Union out of the five separate commonwealths in Central America. It is the object of this paper to point out how such a foundation may be con- structed on lines which are in keeping with the traditions and avowed policy of the United States Government. There is nothing new in the proposition ; in fact, the ground has already been cleared and the outlines of the foundation traced out, and even the exca- vation for it started by one of the foremost architects of his time in that line, the late Hon. James G. Blaine. It is entirely proper, and the present time a fitting opportunity for the con- structive activity of our administration at Washington, that this work of lay- ing the foundation for a Central American Union be resumed and brought to completion. There can be no question that the establishment of a " community of In- terest " among the five Commonwealths of Central America, something which is tangible to the paramount interest of each and every one of them, would offer the best foundation possible for a union. It is only necessary to point to the project of an Intercontinental Railway to see how readily in connection therewith such a " community of interest " may be established. A line of railways -constructed on the location of the In- tercontinental Railway project, extending from Mexico through Central America, having for its southern terminal the City of Panama, would establish an all- rail communication from the United States to the Panama Canal; certainly a desirable line to have, from whatever standpoint it may be contemplated. And if this railway line is controlled by one corporation (American), in the manage- ment of which each one of the five Central American Commonwealths would have an active interest, it would certainly form a naturally broad and firm foundation on which the Confederation would surely grow up spontaneously and rest securely for all time to come. It would not only establish a commu- nity of interest among the Central American Republics, but It would include In this community the United States and Mexico as well. A practical line and method of procedure for the accomplishment of the ob- ject in view is suggested in the several paragraphs following : First. A company to be organized under the laws of the United States for the purpose of establishing a through rail communication from the southern CENTEAL AMEEICAN PEACE CONFERENCE. 85 bouBdary line of Mexico across the countries of Guatemala, El Salvador, Hon- •duras, Nicaragua, Costa Eica, and part of Panama to tlie city of the same name. Second. The company to recognize and accept as the guiding spirit in shap- ing Its policy the general principles recommended by the Committee on Rail- way Communications in their report to the International American Confer- «nce, and accepted by that body at a meeting held in the city of Washington on the 26th day of February, 1890. These general principles, as far as they represent a living force, are for con- venience salce here reproduced, as follows : " First. That a railroad connecting all or a majority of the nations repre- sented tn this conference will contribute greatly to the development of cordial relations between said nations and the growth of their material interests. ******** " Fifth. That the railroad, In so far as the common Interest will permit, should connect the principal cities lying in the vicinity of its route. " Sixth. That if the general direction of the line can not be altered without great Inconvenience, for the purpose mentioned in the preceding article, branch lines should be surveyed to connect those cities with the main line. " Seventh. That for the purpose of reducing the cost of the enterprise, existing railways should be utilized as far as practicable and compatible with the route aud-COTiaitlDns of the Continental RallroHd. " Eighth. That In case the results of the survey demonstrate the practicability and advisability of the railroad, proposals for the construction either of the whole line or sections thereof should be solicited. " Ninth. That the construction, management, and operation of the line should be at the expense of the concessionaires, or of the persons to whom they sublet the work, or transfer their rights with all due formalities, the consent of the respective governments being first obtained. "Tenth. That all materials necessary for the construction and, operation of the railroad should be exempt from import duties, subject to such regulations as may be necessary to prevent the abuse of this privilege. "Eleventh. That all personal and real property of the railroad employed in Its construction and operation should be exempt from all taxation, either national, provincial (state), or municipal. "Twelfth. That the execution of a worli of such magnitude deserves to be further encouraged by subsidies, grant of land, or guarantees or a minimum of Interest. He :<::{: H! ^ ^ Hi " Fourteenth. That the railroad should be declared forever neutral, for the purpose of securing freedom of trafQc. " Fifteenth. That the approval of the surveys, the terms of the proposals, the protection of the concessionaires, the inspection of the road, the legislation affecting It, the neutrality of the road, and the free passage of merchandise In transit should be (In the event contemplated by article eighth) the subject of special agreement between all the nations Interested." (Articles Nos. 2, 3, 4, 13, and 16 are omitted in the above for the reason that the object to which they refer, 1. e., the preliminary surveys, has been carried out and accomplished, which makes them at this date a dead letter.) Thied. The company to acquire control, either by lease or purchase, of all such existing railway lines, which will become parts of the main trunk line of the Intercontinental Railway. FoUBTH. The company to construct such additional new parts of the proposed railway system as are necessary for the accomplishment of the object in view. The surveys heretofore made under the direction of the Intercontinental Rail- way Commission to form the basis for future operations In this direction. Fifth. The governments of the countries named In paragraph No. 1 to grant the necessary and usual concessions to the railway company, embodying the free right of way through public lands, for the construction of the new parts of the railway through their respective territories. Sixth. The said governments to give further material aid for the construc- tion of such new lines in the shape of subsidies and grants of land ; In return for which the railway company to issue In favor of each corresponding govern- ment a proportionate amount f its capltol stock, all as may be mutually agreed upon. 86 CENTRAL AMERICAN PEACE CONFERENCE. Seventh. The Government of the United States to assure the prompt carry- ing through of the enterprise by guaranteeing a reasonable minimum of interest on the capital invested in the enterprise. Eighth. Each of the aforesaid governments to have the right to name one representative in the board of directors of the railway company. Such repre- sentatives to receive a fixed annual salary to enable them to make their residence ■ within easy access of the place of meeting. Ninth. The principal office of the railway company to be located in the United Sates at a point in accordance with the requirements of its charter. A vice-president of the railway company, who shall also be the general mana- ger, to have offices and residence at some convenient city in Central America, with suboffices at the seat of government of each of the countries traversed by the railway. Tenth. The initial steps for the enlistment of . the cooperation of aU the countries interested in the realization of the project should be taken jointly by the Government of the United States and that of Mexico. To show the financial requirements for the realization of the project the fol- lowing table, furnishing certain data taken from the reports of the Intercon- tinental Railvvay Commission, is given : Intercontinental Railway — Central American Division. Miles— Cost for grading, masonry, and bridges. Average Location. Bunt. To be bollt. cost per mile. Across GFuatemala: Avntlft to Oahallo "RlftTico .... 26.2 ^24,518 $12,386 Oaballo Blanco to Santa Maria 84.1 60.5 893,536 14,769 Total 84.1 86.7 1,228,054 14,164 Across Salvador: Hio Paz to near Acajutia— . - - - 26.5 255,196 9,630 Near Acajutla to San Salvador 61.0 42.2 62.0 36.1 1,157,433 798,104 781,901 51,124 12,792 San Miguel to Bio GiiascoTan. - — - - 21,659 TotaL _ _ _ . - . 64.0 166.8 3,987,634 23,907 Across Honduras: 71.7 1,108,697 15,463 Across Nicaragua: 38.0 598,960 15,762 103.4 Granada to Pena Blanca 68.3 907,390 13,285 TotaU — — - 103.4 106.3 1,606,350 14,170 Across OoBta Blca: 52.5 157.6 160.0 1,167,430 3,820,000 3,363,487 22,237 Liberia to Boca Savegre - 24,254 22,866 Total 360.0 8,340,917 23,169 Across part ol Panama: Bio Golflto to David— - - David to city of Panama 59.6 274.4 955,353 4,657,280 16,029 17,009 TotaL - — — . .^4.0 6,612,633 16,804 251.5 1,126.6 20,784,285 18,467 By deductions from the data in the table the salient features- of the project will appear as follows : Total length of railway line from the southern boundary of ilexico to the city of Panama will be 1,377 miles, of which 251.5 have been built and 1,125.5 are to be built. The cost of the new construction of the railway line is estimated by the com- mission's engineers for grading, masonry, and bridges at $18,467 per mile. This figure should be augmented by about 12J per cent to cover contingent. CElSrTBAL AMEEICAN PEACE CONFERENCE. 87 engineering, and administrative expenses, wblch would bring the average cost in round numbers to $21,000 per mile. Adding for cost of superstructure, full equipment, and rolling stock the sum of $19,000 per mile, we get the entire cost of the new construction to be $40,000 per mile. The total cost of the project will then be as follows : 1,125.5 miles new construction, at $40,000 $45,020,000 130 miles of sidings, at $20,000 2, 600, 000 Widening the gage .of present constructed lines to standard gage, 251.5 miles, at $10,000 2, 515,000 Total cost of main line 50, 135, 000 In addition, two branch lines should have to be constructed, one in Honduras to connect with the capital, Comayagua, length 75 miles, and the other In Oosta Eica, to connect with the existing railway line at Alajuela, which connects with the capital, San Jose, the length of which will be about 25 miles, making in the aggregate 100 miles more." The construction of these branch lines would have to be estimated at an average cost of $65,000 per mile, owing to the more diflBcult character of the country encountered in ascending the slopes of the mountain plateaus on which these cities are located. This will swell the total amount of capital required, in round numbers, to $56,000,000. The Pacific slope of Central America embraces within its confines some of the best and richest agricultural lands of the continent north of the Isthmus of Panama. It Is here where most of the cofCee, sugar cane, and cocoa plantations of the Central American countries are located ; where these products are grown to the greatest perfection. It is here where the fountain of all wealth of these countries is located. This " coffee zone," as it is generally known, occupies the Pacific slope of Cordilleras between elevations of 1,000 to 5,000 feet above sea level. It reaches its greatest width and unbroken continuity through the west- ern part of Guatemala, where the belt is about 70 miles wide, extending well into the Mexican state of Chiapas. Through the eastern part of Guatemala, Salvador, Honduras, Nicaragua, and Costa Rica the belt, which diminishes and varies in width, is less continuous, somewhat broken by outrunners from the Cordilleras, which show more of an arid character ; however, its many valleys possess all the richness of soil and climate of the " Costa Cuca " in western Guatemala. It is through this zone, or rather at the foot of which, the proposed railway line has been located by the Intercontinental Railway Commission. With the intercommunication which this line would afford throughout the length of this zone, there is sufficient traflSc In sight from local sources (short haul freight and passengers) to sustain the life of the railway with decided healthful vigor from the very start, leaving alone any through traffic, which will surely more or less develop from the United States and Mexico to the Canal Zone. The further development of the great natural resources, not only of the " coffee zone," but of the whole Central American territory, which will surely follow the opening of this line, will insure its prosperity in the near future beyond adventure. More, the Intercontinental Railway of Central America vvill be the key to unlock the gates of the hidden treasure house, which nature has so lavishly provided with the products of a most favored zone. In conclusion, the writer would touch upon anothec feature, inherent to the project and capable of being developed Into an exceedingly strong characteristic of the undertaking. It is this : The line of the projected railway lies along the foot of the Pacific slope of the Central American Cordilleras. In its course it traverses numerous streams which are fed from the high plateaus of the Cordilleras. The more important of these streams, which are crossed at short intervals, will furnish an abundance of electric power, not only sufficient to operate all railroads ex- isting and to come, but to furnish light and power for every conceivable and needful purpose in these countries. "As regards Costa Rica, it is to be observed that the construction of the rail- road from San Jose, the capital, to Puntarenas, on the Pacific coast, is now ' almost finished, and that in a few months traffic will be opened thereat, thus completing the Costa Rican Interoceanic Railway between said port of Punta- renas and Port Limon, on the Caribbean Sea. — J. B. C. 8s CENTEAL AMERICAN PEACE CONFEBENCE. From the moment tliat a company composed of tlie right elements for the purpose in view is organized and negotiations begun, all fraternal strife between the five Central American Republics would cease, their attentions would be di- rected by their larger sisters of the north to a rising dawn, promising to shed its golden light in common over all. During the construction of the road their surplus energy would be attracted and employed in a work of common interest to all. At the conclusion of the work and the opening of the road there will be general manifestations of congratulations and good cheer and good will towards each other. Once the railway line as a whole is in active operation, the practi- cal unification would be an accomplished fact. The steel rails of such a line would indeed be veritable bands of steel holding together with an unremitting grip the five Central American States into one of unity, as compared with the fasciated bundle of slender rods with the battle axe, popularly accepted as the emblem of the ancient device of "In Union there is strength." Our own interest at Panama, in opening new and extending old trade chan- nels in the existence of peaceful and stable "conditions in Central America, com- bined with our duty toward common humanity, demands that the construction of this first section of the Intercontinental Railway be taken in hand at once. The present time seems opportune indeed for the initial move for the accom- plishment of the project; its realization would certainly write another chapter in the history of practical achievements towards the goal of Pan-Americanism. Theodore Paschke. New York, April, 1901. il. A. Soc. C. E. [Inclosure No. 14.] REMARKS MADE BY DR. ANGEL TJ6ARTE, OF HONDURAS, WHEN PRE- SENTING HIS MOTION FOR A GENERAL AMNESTY OF POLITICAL PRISONERS IN CENTRAL AMERICA, AT THE SESSION OF THE CONFER- ENCE HELD ON DECEMBER 5, 1907. Delegates : From the moment this Conference was announced I felt that one of the practical ends that we might attain would be a reconciliation of the Cen- tral American family, not alone in their International relations, but in those between our citizens and their respective Governments. I think now, as then, that it is time we should show the world a spirit of generous humanity, of con- ciliation, and of forgetfuhaess of the bitterness and differences we have had in political life. Upon the meeting of the Conference I had the satisfaction of hearing in this chamber the authorized voice of Ambassador Creel asking from us a declara- tion, which we made with the greatest satisfaction, that there existed at the present moment no claim of any kind pending between the different Republics of Central America ; a declaration which was without doubt a brilliant opening in our labors. Inspired to-day with the same ideas of fraternity, I think that if it has been possible to terminate disputes between our Governments solely by the good will of the public men who preside over the destinies of Central America, harmony between these and their respective citizens could with much greater reason be reestablished. The meaijs by which the noble object can be attained is through a decree in each of our Republics of an absolute and unconditional amnesty for all political refugees and offenders and for offenses connected therewith. Quiet being already established in our countries, the normal course of the work . of this Conference and public expectation with regard thereto presents a most opportune occasion to accept the proposition which I have the honor to submit, that the Conference by acclamation approves the motion authorizing the Presi- dent of the Conference to urge our respective Governments to issue such a de- cree. I have the well-foijnded hope and belief that at the close of the Conference our brothers of Central America will enjoy complete liberty ; and for the greater aid in this step I ask equally that when this motion is approved our honorary presidents, the Secretaries of State of the United States of America and Mexico, be oflScially advised thereof. CENTRAL AMERICAN PEACE CONFERENCE. 89 [Inclosure No. 15.] ADDRESS OF DR. DON ITTIS ANDERSON, PRESIDENT OF THE CONFERENCE, AT THE CLOSING SESSION. When I look back to the day we first met under the roof of the Intel-national Bureau of the American Republics — a month ago — and see the work we have accomplished, I feel that, all my fears that we would have a long struggle were unfounded. I found that all the Central American delegations came Inspired with an earnest and sincere brotherly feeling to accomplish something lasting and of mutual benefit. It can not be said now, as it was said before, that all our treaties had been written in water, as we intend to show the world, and particularly the Govern- ments of the United States of America and the United Mexican States, for whom our gratitude and that of our peoples for their timely and humane mediation at a difficult moment in our lives shall be everlasting, that our purpose is stead- fast, that our good faith has been pledged, and that our names have been written on documents which are the foundation of a now era of peace, happiness, and plenty for the Central American Republics. All differences, all obstacles, all barriers to our happiness and prosperity have been wiped out and the new Central American brotherhood established upon a sound foundation. The thanks of the Conference are due to the Presidents of our sister nations of the north, at whose friendly advice we ha^e met, and special thanks should be given to the Hon. Robert Bacon, who was Acting Secretary of State at the time of the signing of the treaty of Washington, and to the different Central American legations accredited to the United States, who have shown such zeal and liberal spirit in carrying out the instructions of their respective Govern- ments. Our gratitude to the honorable the Secretary of State, Mr. Root, and to His Excellency the Mexican Ambassador, for their untiring efforts on behalf of Central American peace will last as long as our respective countries exist. We carry within onrselveS that pleasant memory, and we will see to it that our countrymen will never forget it — passing it on from generation to generation. [Inclosure No. 16.] REMARKS MADE BY THE MEXICAN AMBASSADOR AT THE LAST SESSION OF THE CONFERENCE. Honorable Secretady of State, and Honorable Delegates : The Central American Peace Conference marks in the world's history two events of great importance. As far as five Republics of the American continent are concerned, it is the happy beginning of a new era. It is the symbol of peace and of justice, to which a noble and generous race is rightly entitled. It is the his- toric moment when Central America finds the right path, which will lead it on to a prosperous destiny. As far as the world is concerned it is the organi- zation of an international court, which brings hopes for universal peace. Its success must be interesting to all the nations of the globe. These two causes could not be more noble, more altruistic, more humane. This is the judgment of the Mexican Government. • It is with great pleasure that I am going to read the messages sent to and received from the department of foreign relations. You will find reflected therein the opinion of my Government and its great interest as to the future of the five sister Republics. " Ambassador Creel to the JIexican Minister for Foreign Affairs. "Washington, December 16, 1907. " It is with great satisfaction that I communicate to the department that the Central American Peace Conference has approved the following conventions: A general convention of peace and amity, another creating a high court of justice in Central America, one for extradition, another for yearly conferences to render uniform their monetary systems, tariffs, weights, and measures; another concerning railways, telegraphs and telephone lines ; another relative to a pedagogical institute in Costa Rica ; another relative to the Bureau of the Central American Republics in Guatemala. Recommendatipns were also adopted to grant anmesty to political prisoners. The conventions contain high and equitable principles which will constitute the basis of international law in Central America. The permanent court of justice shall decide all mter- national questions without any exception, and will be the first court of this 90 CENTKAL AMERICAN PEACE CONFERENCE. very liigli jurisdiction tliat is to be organisied in the world. I congratulate the president and the minister of foreign affairs for their friendly mediation in this good work on behalf of peace and cordial relations." " Cable Instructions from the Mexican Minister for Foreign Affairs to THE Mexican Ambassador. " Under special instructions from his excellency the minister of foreign rela- tions of Mexico, I have the honor to inform the Conference that it was with the greatest satisfaction that His Excellency the President of the United States of Mexico heard of the brilliant success attained by this Conference ; that said chief magistrate considers the organization of a Central American court of justice of great and far-reaching importance, as likewise the spirit of accord, peace, and harmony which has inspired all the acts of the Conference and has entered into the very core of their conventions; that he congratulates their excellencies the delegates and through them the peoples and Governments of Central America for their patriotic and intelligent labors, and hopes that peace, ever fruitful and blessed, shall be everlasting and be firmly consolidated in those sisters Republics. " He likewise congratulates His Excellency the President of the United States of America and his distinguished Secretary of State for their noble and altru- istic cooperation." [Inclosure No. 17.] ADDRESS OF THE SECRETARY OF STATE, HON. ELIHU ROOT, DECLARIN& THE CENTRAL AMERICAN PEACE CONFERENCE OF WASHINGTON CLOSED, DECEMBER 20, 1907. I beg you, gentlemen, to accept my hearty and sincere congratulations. The people of Central America withdrawn to a great distance from the scene of your labors may not know, but I wish that my voice might reach each one of them to tell them that during the month that has passe.d their loyal representatives have been doing for them in sincerity and in the discharge of patriotic duty a service which stands upon the highest level of the achievements of the most advanced modern civilization. You have each one of you been faithful to the protection of the interests of your several countries ; you have each one of you exhibited patience, kindly consideration, regard for the rights and feelings of others, and a willingness to meet with open mind the opinions and wishes of your fellow-countrymen; you have pursued the true method by which law, order, peace, and justice are substituted for the unrestrained dominion of the strong over the weak, and you have reached conclusions which I believe are wise and are well adapted to advance the progress of each and all of the Central Amer- ican Republics toward that much to be desired consummation in the future of one great, strong, and happy Central American Republic. May the poor hus- bandman who cultivates the fields of your five Republics, may the miner who is wearing out his weary life in the hard labors of your mines, may the mothers who are caring for the Infant children that are to make the peoples of Cen- tral America in the future, may the millions whose prosperity and happiness you have sought to advance here, may the unborn generations of the future in your beloved countries have reason to look back to this day with blessings upon the self-devotion and the self-restraint with which you have endeavored to serve their interests and to secure their prosperity and peace. With this hope the entire body of my countrymen will join, and with the expression of this hope I declare the Peace Conference of the Republics of Central America, con- vened in the city of Washington in this year 3907, to be now adjourned. [Inclosui-e No. 18.1 ARGUMENT SUPPORTING THE HONDURAS PROJECT #0R A CENTRAL AMERICAN UNION, SUBMITTED TO THE CONFERENCE BY THEIR EXCELLENCIES SENOR FIALLOS OF HONDURAS, DOCTOR BONILLA OF HONDURAS, AND DOCTOR MADRIZ OF NICARAGUA. observations of his excellency don e. c. fiallos. HoNORAiiLE Delegates : Permit me, in relation to the project with which we now occupy ourselves, and which I do not hesitate to consider of vital impor- tance for the future of our peoples, to briefly express some of the ideas that, as a Central American, I hold concerning the bearing the resolutions of this Con- CENTEAL AMEBICAN PEACE CONFBBENCE. 91 ference must have in order to practically aid and satisfy the noble desires of the mediators who have invited us to deliberate. From the elevated viewpoint on which we find ourselves united in the shadow of the Capitol of Washington, we can not but contemplate Central America in Its important historic and geographic make-up just as their excellencies the Presidents of the United States and Mexico regard it and as the former Central American statesmen consider it, the patriots who struggled to bequeath us a country, great and respectable, such as the youth, covetous of peace and justice, desires, which clamors for peaceful redemption, for the beneficent evolution so long hoped for in order that the latent energies of progress may be unfolded, and in order to enter into the enjoyment of the fruits of modern civilization. Thus alone can we properly appreciate in the records of the past the causes that have retarded our progress; thus only shall we be able to find now the desired solution for our future welfare. During three centuries of Spanish dominion the provinces of the Isthmus re- mained united under the rule of the captaincy-general of Guatemala. At the opening of the nineteenth century the bonds that united them to the mother country and held them united among themselves being broken, there began the era of discord and fratricidal wars in which we have lived up to the present. If from that time the union of the provinces under a single government had been maintained. Central America would to-day undoubtedly be one of the happiest countries of the earth. But the federation of the Kepublic could not be effected. Discord opened a broad field for the ambitious of power In each State. And thence it was that the personalist factions and military commands took the ascendency in the destiny of those peoples. In consequence thereof governments have succeeded each other with such notorious irregularity that it is now the rule that governments de facto must be recognized, while they maintain themselves by force, some in defiance of public opinion, or others struggling against unjustifiable revolutions. It is painful to confess it, but it is useless to attribute to other causes the wars that have afflicted our peoples. Those which in Central America have appeared to be international wars have been nothing but internal wars of a State that have crossed its borders. The- proof of it is that there has not been a single case of territorial conquest or of any indemnity claimed by the conqueror. A stronger proof still is the fact that between two or more sections of the same State there exists profound divisions and political rancors, diflScult to blot out, while the peoples of different States treat one another with entire fraternity. Therefore, if civil conflicts are what have devastated our soil, have consumed our vital energies, have divided our families, and have maintained the constant emigrations, which in their turn have occasioned the armed intervention of neighboring governments, it is in the cause of these strifes that we must seek a radical remedy. Since the labors of the Conference bsgan we had, with merited applause, to note that there were no pending differences to be adjusted between the Govern- ments of the Central American Republics. And for disagreements that may in the future arise, it has already been solemnly stipulated that they shall be de- cided by means of the high court of justice, whose just and unappealable judg- ments will maintain perpetual harmony and good neighborly feeling among them for the five Republics. Given the conditions of respectability and good faith that have concurred in the formation of the treaty relative to the establishment of the court, and no one will dare to doubt but that it must produce the immediate results that are hoped of it. And it can be further assured that, without going out of the purely international sph^e of action that has been assigned it, the court will exercise, by the mere fact of its existence, a beneficent influence upon the internal con- flicts of each State. But proceeding with loyal frankness, we must agree that if it is indeed true that by the creation of that court we have taken a most advanced step toward the well-being and the good name of the countries that we represent, by this step alone we have not assured the positive and fruitful peace of Central America. The aspiration of our peoples and the earnest desire of the United States and Mexico is that constitutional peace reign over every foot of our soil and not merely along the frontiers; that in -the midst of order and harmony we shall busy ourselves in building up our prosperity; that under the protection of the laws we may open the portals to progress in all its manifestations; that we shall inspire confidence and give effective guarantees to foreign capital, so that 92 CENTEAL AMEKICAN PEACE CONFERENCE. it may come to develop our tropical agriculture, our mineral deposits, and, open- ing means of communication, will place us -in commercial contact with our neighbors on the north. Eelying on the intimate knowledge we have of the nature of our peoples and of our governors, confirmed by the history of almost a century that we have en- joyed of independent life, we must foresee that in the future serious conflicts will arise in the interior of the States and that until a method of settling them be found by rational and efficacious means they will give rise to new internal strifes. I admit, of course, that the political problems and internal rule of the Central American Republics ought not to be the subject of present consideration before this assembly, except in so far as this policy and this rule relate to the general peace tiiat we have succeeded in establishing. In this sense, and obeying impulses of the most sincere patriotism, I malie known here the profound conviction that continual political deceptions have rooted in my mind, that the union of the five Republics in one single nation becomes necessary as the only saving means that is to lead our peoples without new obstacles or anxieties along the same path of progress that has led the United States and Mexico to the height of prosperity they now enjoy. ' So long as the governing classes of our communities maintain themselves in power in the small Republics and the greater part of the national revenue is consumed in maintaining a grand government personnel and a numerous army, those Republics can not reach the stage of advancement that, by their geographic position and their great natural resources, they should attain, nor will they cease to figure before the other nations in the humble position which to-day they occupy as political entities. The democratic institutions which we should so much desire to see founded and respected in Central America will continue in danger of being overthrown, so long as the sword of a local chieftain can predominate over law. Right here we have recognized that danger in making special dispositions relative to political refugees which we still forsee in the future. We havejikewise foreseen the uncertain or arbitrary actions that one Gtov- ernment may commit in its international relations, and we have rejected the . union of the other Central American Governments in the presence of such uncertainties. All of which is going to show the necessity of seeking in the fusion of the five present Republics the establishment of a stable nationality constituted with the elements chosen from all of them ; the creation of a great fatherland ruled by a government of true statesmen of Central American patriots who are above the paltry regional influences : who, inspired by the teachings of the great Hamilton, will mark out a healthful and practical course for our compassless politics ; who will organize our finances under a rational plan and give a vigor- ous impulse to instruction, agriculture, and industry. It is a very much worn argument that our peoples are not prepared for union. This the separationists have been saying ever since they dissolved the federa- tion some seventy years ago. What the Ceneral American peoples are not pre- pared for is to live ununited with unlimited autonomy. Tired of fruitless combats, and impoverished by the contributions to so many wars, they would not only receive the vmion as a saving measure, but it would be perhaps the only cause for which they would fight, if it were necessary, with conviction and enthusiasm, to conquer in favor of the new generations the peace and prosperity they have not been able to enjoy. The Central American yoiith is, as you well know, an indefatigable promoter of the federation. To this youth belongs the future, and it should be heard. In its name, and because of a special mission that I hold. I make known here the sentiments that it cherishes in favor of the prompt and glorious reconstruc- tion of the " Republic of Central America." ' E. C. FlALLOS. AEGUED VOTE OP THE MINOBITT. Gentlemen of the Conference : The report of the majority of the commis- sion regarding the project of Central American union, which project was offered by the delegation of Honduras and supported by that of Nicaragua, having been submitted to vote, these delegations deem it their duty to lay before the Conference their argued vote against said report, so that, accord- ing to Article XVI of the rules, it be added to the day's minutes. The delegations of Nicaragua and Honduras take this position in obedience to their positive convictions in compliance with special instructions received from CENTRAL AMERICAN PEACE CONFEEENCB. 93 their Govemments, and in observance of the 'precept embodied in Article I of thair respectlTe constitntlons. It is imperative that on such an occasion as this they should not fall to attest in a pmblic manner their fidelity to an idea, which, as stated In the report laid before the Conference, " represents the noblest and grandest aspiration of patriotism." This aspiration is not merely an ideal, but is the fundamental basis of our political existence, acknowledged and declared in several Ot our constitutions, as> lia Article II of the constitution of Guatemala, in Article CLI of that of Salvador, and in Article I of those of Nicaragua and Honduras. As to Costa Kiea, it is but necessary to turn back to the declaration contained in Its constitution of January 21, 1847, which sets forth that Costa Rica forms a part of the Centi-al Amei-ican nation and will cooperate toward its reor- gamization in conjunction with the other States. Although that constitution is no now in force, th« declaration therein conained Is morally subsistent, for Costa Rica has always acknowledged its solidarity with the other Central American States. In corroboration of this, we need only to recall that scarcely a year ago, at the Conference held at San Jose Costa Rica, presided over by Dr. Don Luis Anderson, a declaration which reflects great credit on the Conference was included in the minutes of its third session, as follows : " The contracting Governments acknowledge as principles of Central American public inter- national law, among others, the following: II. The community of interests with reference to the sovereinty and independent of Central America, considered as one unit nation." And in the minutes of the fourth session is the follow- ing declaration : "As Central American interests to which (the contracting parties) must devote preferent attention are likewise acknowledged in the fol- lowing: I. To cooperate with all its efforts toward the peaceful reorganization of the Central American Fatherland." This happy declaration has been adopted by our Conference and accepted as a fundamental principle of our conventions. In support of our assertion there are many documents that we could adduce. Laws, conventions, messages, reports, proclamations, nearly all our public acts, with reference to the general relations of Central America, are inspired in the sentiment of imity, in the consciousness of a common destiny of our peoples, in the aspiration to form with the States now detatched a nation capable to assume the responsibility of its destinies in the world. The text of the report of the majority is as follows : " The conditions and circumstances existing among the peoples of the Isth- mus are not now propitious to immediately decree the national reconstruction which, to be solid and permanent, must be based upon the knitting together of the economic, moral, material, and sociological elements which are to be har- monized. They do not deem it opportune, therefore, that the present Con- ference should consider the proposition for an immediate union of the Central American Republics, but only the measures necessary to prepare in a stable manner for such union by the improvement of communications, the establish- ment of a coastwise trade, the drawing together of the economic and social interests of the people, the unification of the laws and of taxation and of cus- toms systems, and the encouragement of periodical reunions of Central Ameri- can conferences representing the five Republics. * * * It is impossible to pass quickly from strife to a peaceful and sincere union." Such words, especially the latter ones, seem to denote that our recent dis- cords have left deep resentment in the minds of the Central American peoples. We would deplore that such were the case, that our dissensions should have broken the ties that have linked our destinies in bygone times and that ought to unite them still closer in the time to come. Happily, the undersigned do not entertain such a view, but on the contrary believe, as so ably stated by Mr. Anderson, that " Central American wars have never been armed conflicts between peoples, but between Governments," and now that a reconciliation has been effected, calming down past resentments, circumstances have again become propitious for working earnestly in favor of the national restoration. The President of Nicaragua, In this regard, has given us a proof which we can not pass in silence. We refer to a cablegram received from him on Novem- ber 22 last, worded as follows : " To attain union I am ready to relinquish power. If necessary, as I promised President Diaz." This proof of exalted 94 CENTEAIi AMERICAN PEACE CONFERENCE. patriotism needs not our eulogy to extol the name of its author. The Nlca- raguan delegation lays it before the Conference, so that it may be considered for what it is worth for the present, in order that it may serve as a pledge for the future and that the Nicaraguan people may be judged by the spirit of Its ruler. Moreover, the President of Honduras has made the same promise, through his delegation, as stated in the project submitted to the Conference In the second session of November 18 last. A grievous error is committed in holding that the organization of a nation and the framing of its constitution require uniformity between the parts as a whole. Nothing is more inexact. In contradiction of such an opinion we have a very notable example, viz, that of the Constitution of the United States of America. History records what took place in the Philadelphia Convention of 1787 ; that the States of the first Confederation were at variance on details of vital moment. There was among them opposition of interests, of political tendencies and reciprocal jealousies in matters of predominance. Some States had their social status organized according to democratic ' principles ; in other States a powerful aristocracy reigned supreme; some were agriculturists; others were devoted to industrial pursuits; some favored slavery, and others had marked aversion for it. There existed real moral antagonism, as a writer says, between the institutions of the South and those of the North, and it suf- fices, to judge the magnitude of this discord, to remember that nearly a century later the question of national union had to be settled by recourse to war. Notwithstanding this fact, the Philadelphia Convention did not entertain the same opinion as our committee. Believing that all those differences were not incompatible with the political union, it devoted its efforts to find a rule of law to harmonize all opposing tendencies, systems, and interests, and to attain the prevalence of the Union over all opposition. This rule happily established, after constant and patriotic efforts, is the celebrated Constitution which has given to the world the greatest Republic in hisory. What differences can there be more essential than those of race, tongue, and religion? Nevertheless Switzerland, which has different races, tongues, and re- ligions, is one of the best organized and freest countries in the world. . It is not necessary to make the laws of the States uniform to prepare the union, as insinuated In the report of the majority. In Switzerland each Canton has its code; in the United States of America there can be no greater variety than is found in the individual legislations of the States. And it must be borne in mind that in both countries the laws are linked with and emanate from the customs, while we have no legislation of our own and endeavor to assimilate the foreign laws which we have adopted. When the report of the majority mentions the " drawing closer * * * of the sociological elements which must be harmonized," it surely can npt wish to Imply that our five aggroupments differ considerably in the nature and con- stituents of their sociological elements, because such an assertion would be an obvious error needing no refutation. But if by sociological elements it is meant to refer to the States as different entities we believe that the closeness of one another is such that it sometimes goes beyond what it ought to be. Without reference to peaceful intercourse, even in armed contests frequently the flags of more than one State are blended. When at one time Nicaragua's inde- pendence was imperiled all the armies of Central America, that of Costa Rica , being foremost, hastened to defend it. On another occasion the territorial in- tegrity of Nicaragua and Honduras was threatened on the Mosquito coast, and Salvador made a common cause with those States and ran the same risk. There is a phenomenon to which we call the attention of those enabled to value it rightly. Sometimes the ardor we show in our contests is of so violent a nature that it might appear that an implacable enmity would separate us forever; but as soon as word of peace is uttered we recognize each other as brothers. No territorial conquests have ever taken place in Central America — no war indemnities or humiliating satisfactions imposed by one people upon the other as an abuse of victory. As soon as a change is effected in the gov- ernment staff, which invariably is the motive of our invasions, the conqueror returns satisfied to his domicile without ever demanding, as compensation for the blood and the property expended, anything more than the intimate friend- ship of the new ruler it has installed in power. In our wars a rule has been observed which should be mentioned because it confirms our idea. The invader of a neighboring State, as soon as he enters the territory of the unfriendly Government, organizes a revolutionary govern- CENTEAL AMEEICAN PEACE CONEEEBNCE. 95 ment and declares himself its ally. This practice ought to be abolished, be- cause it Is harmful ; but the idea it Implies must be acknowledged, as it Is not to hurt the feelings of the invaded State, showing that the armed contest is only aimed against the Government. It can not be denied that In the temperament of the Central American peoples there exists — and we say it with satisfaction and even with pride — a feeling of brotherly love which prevails above all animosities and malies us forget In an instant the most painful recollections. Far from believing that it is not possible to pass rapidly from strife to a sincere and peaceful union, we are convinced that the moral union of the Central American peoples has always existed, even in the midst of the most passionate contests of their Governments. When the report of the majority mentions the need of drawing .closer the means of communication between the States, to prepare them for the union, it Implies that it Is Impossible for the present, due to the great distances which separate us and the lack of rapid and safe means of communic'atlon. A noted author, referring to Mexico, says that in 1880 there were not over 600 kilometers of railroads in that Republic. Mr. Calvo, in his article pub- lished in pamphlet form by this Conference, states that the Central American railway lines aggregated in 1902 about 1,000 miles, and he adds a footnote that since then the increase in mileage In Central America has been considerably Increased. So that within a lesser area we have more than double the amount of railway lines than existed in Mexico In 1880. It is well known that our principal cities are connected by rail with the sea- coast and the ports are In frequent communication. To-day the distance be- tween Guatemala City and San Jose, Costa Rica, is covered more quickly and easily than from the former to the capital of the Department of Peten ; than from Tegucigalpa to Trujillo; than from Managua to Cape Graclas a DIos; and these long distances between the cities of one State and Its capital are not an obstacle to the Government extending its influence to them, to maintain order, and further the national development. The telegraph transmits rapidly the influence of the Government to all parts of the country, and in the further- most regions a special center of authority can easily be established with power to maintain order, as Nicaragua has done on the Atlantic coast with the Blue- fields intendancy. Furthermore, to extend and improve the means of communication, to make more effective the work of the Government does not seem an impossible or even difficult task. The Important motion of the Costa RIcan delegation^ con- cerning the Central American Railway, induces us to entertain this opmlon. "It Is not only," says the motion, "a need of which we are all' aware (that of the railroad), but It can be carried into execution without an expenditure of greater effort than Is fortunately at our disposal." This being a fact, we believe that Central America could construct Its rail- road. If united, in half the time that it could if divided. It would be a more imperative need for the national Government than It is now for the sectional Governments. On the other hand, no one will doubt that it will be easier to secure the necessary funds for this work under the auspices of a government which would give a better guaranty for the peace, credit, and responsibility of the nation than under the present circumstances, which do not inspire sufficient confidence in foreign capital. The importance of this matter impresses us with the duty of considering It in its principal features, and therefore we ask the indulgence of the honorable committee in case we should go beyond what it meant in its report. Those opposed to the Central American union have often asserted that its greatest enemy is the desert — that is to say, the scattering of a meager popula- tion over an extended and uncultivated territory. According to data prepared by the International Bureau of the American Republics It is evident that in comparing the Central American States with some of the countries of this continent we find that Central America has a total area of 426,975 square kilometers and a population of 4,118,977 inhabitants, which gives a population of 9.6 inhabitants to the square kilometer. The Argen- tine Republic has 1.7 inhabitants to the square kilometer; Brazil, 1.94; Chile, 5.03 ; Mexico, 6.87, and the United States, 10.25. It is to be seen, therefore, that the relative population of Central America is larger than that of the principal nations of this continent, except the United States. With regard to the exist- ence of large tracts of waste and unsettled lands, Central America does not pos- sess such lands to a greater extent than the United States, the Argentine Repub- lic, or Brazil. 96 CENTRAL AMERICAN PEACE CONFERENCE. It is a fact worthy of note that the less peopled regions of Central American countries have always been the most peaceful. Appealing to history, let us investigate in which places there has been more agitation. We find it in Guate- mala in the Departments of the west, center, and east; Alta Verapaz, Peten, and Izabel have been peaceful. In Salvador, Santa, Ana, San Salvador, and Sonsomate have been prominent factors in civil strife. The eastern part and Chalatenanga have been peaceful. In Honduras, Tegucigalpa, and the southern and western Departments have been turbulent and the rest peaceful. In Nica- ragua, Leon, Managua, and Granada have been warlllte; Matagalpa, Segovias, and Chontles have been peaceful. Costa Kica has been spared disturbances in recent years, but in former times, when discord agitated its people, Cartago, San Jose, Heredia, and Alajuela were warlike factors. We can state, therefore, without fear of error, that the wilderness is peaceful and is not an obstacle for the union of the Central American peoples. It must also be recollected that we Central Americans have conquered, to a certain extent, the desert, because the peoples living on the Pacific slopes — where our population has attained the greatest density, where our greatest Interests and the political power of the States are centered — have such easy and rapid means of communication, as we have already said, that the functions of the national Government could be freely exercised. In opposition to the opinion that we are fighting we assert that our people need the uiilou in order to conquer the desert, ancl we beg leave to quote a his- toric case. In the year 1887, under the administration of Don Evaristo Carazo, in Nicaragua, a treaty was signed between the Republics of Nicaragua and Costa Rica, in which it was provideil that the first named granted to the second the right of free commercial navigation in all the waters of the San Juan River and the Lake of Nicaragua, and the second understock, in return, to permit the use of the waters of the Colorado River for the improvement of the lower San Juan and the San Juan del Norte Bay, which were obstructed to a great extent, and to contribute to a considerable part of the outlay to be incurred in the enterprise. The separatist spirit was interposed, the convention was not approved by the Nicaraguan Congress, and both Nicaragua and Costa Rica lost the lower San Juan and the Bay of San Juan del Norte. This is a case in which separation has maintained, or rather created, a desert, as it has ruined the chance of improving the most important commercial waterway of former times in Central America. The propriety of a speedy union of our peoples is dependent upon the urgent necessity felt in Central America to put a stop to a political status which, dur- ing a period- of nearly seventy years of our separation, has been insufficient in a definite manner to have order, peace, and liberty enforced by a truly democratic government ; that has been unable to establish on solid basis the credit of Central American countries and to impart full confidence to foreign capital, to bring immigration to our shores, and to raise the moral level of the masses, schooling them in the exercise of their rights, and giving them object lessons of the respect due to law and the principles of justice. We hope that the establishment of the Central American court of justice, agreed upon in the most important of our cohventions, shall for the time being be the key to our political structure and shall remedy to a great extent our evils and shall prevent war in future. We believe, however, that it does not suflice to satisfy the sentiment and aspirations of the Central American people, and that within a short time it will be felt, through the free trend of opinion and through the obvious relation of our public needs, how essential is a more intimate and complete amalgamation. We have confidence in peace, but we would lil^e something superior to a peace purely material — diplomatic, if we may be permitted to call it such; we desire to check the moral strife engendered by jealousies and mutual distrust of the governments which prevent " the generous and effusive expansion of the Central American States," as TJribe said. We agree that sometimes nothing can be more detrimental than impatience; but excess of patience in the presence of acute and persistent evils — prudence which always hesitates and never decides the " status quo " at itmae when all is in motion and agitation around us — are not less detrimental to men and peoples. We shall never be able to awaken in our countries an energetic feeling of duty, an active spirit of progress, that confidence in self-efCort which, for men and peoples, is the surest guaranty for great victories, if we begin by under- valuing them before the eyes of the world, by saying that they are incapable CENTRAL, AMERICAN PEACE CONFERENCE. 97 of doing what other peoples have done, and that a community of more than 4,000,000 inhabitants, possessing an exceptional territory, on account of the treasures with which nature has endowed it, is not in a position to constitute a stable and respectable nation. We do not intend to criticise the report which occasions this vote. We only wish to state to the Conference that we are convinced that it is possible, at present, to effect a radical change in Central America which may improve our condition and infuse into our social and political status new life, more in accord with democratic tendencies and the principles of civilization and humanity. Convinced in this sense, the delegations of Nicaragua and Honduras regret to differ in opinion from the honorable colleagues who have signed the report of the majority subject to vote, and deferring to the good faith in which they act, we deplore that we can not avail ourselves of such a propitious occasion as that ofEered by the meeting of the ponference to carry into execution the work upon which depend our destinies and without which we will not be able to be happy nor to prevent evils the magnitude of which we can not at present fOF6S66 We repeat it, the delegations of Nicaragua and Honduras vote against the report of the majority. 3osi Madbiz. Luis F. Coeea. p. bonilla. B. C. FlALLOS. AmatL TJgarte. Washington, D. C, Decemier 18, 1907. O 37200—08 7