carried on or offense be given within the territory of one against the other under any pretext or motive; and in case any differences should occur, they will make to each other adequate explanations, and have recourse, if they should not be able to agree, to the arbitration of some government of a friendly nation.

No. 26

ECUADOR-NEW GRANADA (COLOMBIA)

Provision for general arbitration, in a treaty of friendship, commerce, and navigation.-Signed at Bogotá, July 9, 1856 1

ARTICLE III

If, unfortunately, at any time the relations of friendship and good understanding, which now happily exist between the two republics and which it is the object of the present treaty to render durable, should be interrupted, the contracting parties solemnly pledge themselves not to appeal to the grievous recourse of arms before exhausting that of negotiation, explanations being required and given respecting the grievances which one party may consider it has received from the other, or respecting the differences which may arise between them; and not until the reparation shall have been expressly refused, which a neutral and friendly power, selected as arbitrator, has, in view of the allegations or explanations of motives, and the replies of both parties to the dispute, declared to be due.

1 English: British and Foreign State Papers, vol. XLVII, p. 1271.

Spanish: Tratados Públicos de Colombia (1883), p. 28.

Ratifications exchanged at Quito, May 26, 1857. The text is also found in Noboa, Tratados del Ecuador, vol. II, p. 169.

No. 27

CHILE-COSTA RICA

Provision for general arbitration, in a treaty intended to establish a union of the Spanish American states and Brazil.—Signed at San José, June 20, 18571

ARTICLE XIX

In the unfortunate event that one of the high contracting parties should violate this treaty or those which may be entered into in consequence hereof, or any other treaty which may mutually unite any of them, it is hereby stipulated that the party, believing itself aggrieved, shall not order or authorize any acts of hostility or reprisal, nor shall it declare war without first presenting to the offending state a statement of the grounds of complaint supported by sufficient proofs or justification, demanding justice or satisfaction, or before said satisfaction has been denied or delayed without reason.

They bind themselves to follow the same procedure in the case of any other offense, injury, or damage inflicted or caused by one of the states to another, so that no acts of reprisal shall be executed nor hostilities be committed nor war declared without first giving a statement of the causes in order that satisfaction be given or justice done, and without first exhausting all peaceful means of settling their differences.

In order to remove all causes which may impair the good understanding and harmony which they ought to maintain between themselves, they likewise pledge themselves to the end that whatever be the reasons which any one of them may have to change the status of its relations-established by international acts of whatsoever kind— with another of the states, it shall not proceed to do so without having first communicated its decision to the other state and proposed

1 Spanish: Tratados Internacionales de Costa Rica, vol. 1 (1892), p. 179. Ratified by Costa Rica, October 28, 1857. No information is at hand whether it was or was not ratified by Chile. It does not appear in the collection of Chilean treaties frequently cited above; but that is not entirely conclusive evidence. It is not strictly an arbitration treaty, but rather provides for the automatic mediation of the proposed congress of plenipotentiaries and for its obligatory acceptance by the contesting states. It is really a league to enforce peace. A similar treaty between Costa Rica and Peru had been signed on January 31, preceding, which is printed on page 168 of the source here cited; but there is no evidence at hand whether it was or was not ratified by either party. The essential portions of both are included in Mr. Luis Anderson's manuscript study of the archives of the Costa Rican foreign office. Speaking of the one of January 31, he says it was modeled on one signed in Chile by representatives of Peru, Chile, and Ecuador, and another signed in Washington by representatives of Costa Rica, Peru, New Granada (Colombia), Mexico, Guatemala, Salvador, and Venezuela.

or communicated the basis on which those relations ought to be arranged thereafter.

ARTICLE XX

With the object of consolidating and strengthening the union, of developing the principles on which it is established, and of adopting the measures which are required for the execution of such of the stipulations of this treaty as make necessary further provisions, the high contracting parties agree each to appoint a plenipotentiary, and that said plenipotentiaries assembled in congress, shall represent all the states of the union for the purposes of this treaty.

The first meeting of the congress of plenipotentiaries shall be held three months after the exchange of the ratifications of this treaty, or before, if possible, and it shall continue to meet thereafter, at least once every three years.

It shall convene at the capitals of the contracting states in turn, following the order which may be decided upon at the first meeting.

ARTICLE XXI

The congress of plenipotentiaries shall have the right and sufficient authority to offer its mediation through the member or members within its body which it may designate whenever differences among the contracting states arise, and none of them may reject such mediation.

If, when such differences occur, the congress should not be in session, the government whose minister plenipotentiary has been its last President, shall call a meeting in order that the congress may designate the mediator. The same procedure shall be followed whenever any other circumstance requires that the congress of plenipotentiaries be convened.

ARTICLE XXII

In no case, and for no reason, may the congress take as a matter for discussion the internal disturbances, movements, and agitations of the several states of the union, nor shall it adopt any kind of measures to influence these movements, so that the independence of each state to organize and govern itself as it may consider proper be fully respected, and may not be opposed directly, or indirectly by any acts, resolutions, or statements of congress.

No. 28: NEW GRANADA (COLOMBIA)—UNITED STATES

ARTICLE XXIII

37

The present treaty shall be communicated immediately after the exchange of its ratifications by the governments of the contracting republics to the other Spanish American states, and to Brazil, and each of them may be incorporated into the union which is hereby established, and shall be bound by all the stipulations, by concluding a treaty for its acceptance with any one of the states signing the present treaty.

No. 28

NEW GRANADA (COLOMBIA)—UNITED STATES

Convention for the arbitration of claims of citizens of the latter against the government of the former.-Signed at Washington, September 10, 18571

The United States of America and the Republic of New Granada, desiring to adjust the claims of citizens of said states against New Granada, and to cement the good understanding which happily sub

1 English: Malloy, Treaties and Conventions of the United States, vol. I, p. 319. Spanish: Tratados Públicos de Colombia (1884), p. 76. This also contains the English text. See supplementary convention signed February 10, 1864, No. 43, post, p. 66. Ratified by the United States, March 12, 1859; time for exchanging ratifications extended by the United States Senate, May 8, 1860; ratifications exchanged in Washington, November 5, 1860.

Neither the Spanish nor English texts in the Spanish source entirely agrees with the text in the English source; but on pp. 80 and 81 of the former are indicated changes which were agreed to when the ratifications were exchanged, which for the purposes of this publication have been introduced into the Spanish text, and which make it conform exactly with the text in the English source and with the United States Statutes at Large, which contain both English and Spanish texts. The most notable differences between the final text and that contained in the Spanish source (which is doubtless that of the treaty as originally signed) are the following: In Article I, the date before which all claims were to have been presented was that of the signature of the convention, instead of September 1, 1859, almost two years later. The date within which ratifications were to be exchanged was originally nine months counted from the date of signature. This was first changed to nine months counted from March 8, 1859; and finally all limitation on time for exchanging ratifications seems to have been removed. Article VII of the original convention, in which Colombia conceded to the United States the right to purchase or lease a piece of ground on one of the islands in the Bay of Panama for a coal depot, was suppressed, and what had been Article VIII became Article VII. It was to be understood that Colombia's obligation to maintain order on the Isthmus, mentioned in Article I, was to be no different from the obligation under which all nations are to maintain order in their own territories in conformity with the rules of international law and existing treaties. There were several other understandings, but on minor points of interpretation, and affecting Colombia only. Because the nine months from the organization of the commission fixed in Article IV for the termination of its labors expired before the cases presented were all adjudicated, "by reason of uncontrollable circumstances, a new convention was signed February 10, 1864, for the adjustment of the remaining claims. See post, No. 43, p. 66.

sists between the two republics, have, for that purpose, appointed and conferred full powers, respectively, to wit:

The President of the United States upon Lewis Cass, Secretary of State of the United States, and the President of New Granada upon General Pedro A. Herran, Envoy Extraordinary and Minister Plenipotentiary of that republic in the United States;

Who, after exchanging their full powers, which were found in good and proper form, have agreed to the following articles:

ARTICLE I

All claims on the part of corporations, companies or individuals, citizens of the United States, upon the Government of New Granada, which shall have been presented prior to the first day of September, 1859, either to the Department of State at Washington, or to the Minister of the United States at Bogotá, and especially those for damages which were caused by the riot at Panama on the fifteenth of April, 1856, for which the said Government of New Granada acknowledges its liability, arising out of its privilege and obligation to preserve peace and good order along the transit route, shall be referred to a board of commissioners, consisting of two members, one of whom shall be appointed by the Government of the United States and one by the Government of New Granada. In case of the death, absence or incapacity of either commissioner, or in the event of either commissioner omitting or ceasing to act, the Government of the United States, or that of New Granada, respectively, or the minister of the latter in the United States, acting by its direction, shall forthwith proceed to fill the vacancy thus occasioned.

The commissioners so named shall meet in the city of Washington within ninety days from the exchange of the ratifications of this convention, and, before proceeding to business, shall make and subscribe a solemn oath that they will carefully examine and impartially decide, according to justice and equity, upon all the claims laid before them, under the provisions of this convention, by the Government of the United States. And such oath shall be entered on the record of their proceedings.

The commissioners shall then proceed to name an arbitrator or umpire, to decide upon any case or cases on which they may differ in opinion. And if they can not agree in the selection, the umpire shall be appointed by the Minister of Prussia to the United States, whom the two high contracting parties shall invite to make