Derecho de Conquista
Considerando : Que la Conferencia Internacional Americana no llenaria la parte mas elevada du su misiôn si se abstuviera de consagrar sus aspiraciones pacificas y fraternales por medio de declaraciones que consoliden los vinculos nacionales y afianzen las relaciones internacionales de todos los estados del continente:
Resuelve, — Encarecer à los Gobiernos representados en ella , la adopeion de las siguientes declaraciones : —
Primera. El principio de conquista queda eliminado del derecho pûblico Americano, durante el tiempo que esté en vigor el Tratado de Arbitrage.
Segunda. Las cesiones de territorios que se hicieren durante el tiempo que subsista el Tratado de Arbitrage serân nulas, si se hubieren verificado bajo la amenaza de la guerra , 6 la presiôn de la fuerza armada.
Tercera. La naciôn que hubiere hecho taies cesiones tendra derecho para exigir que se décida por arbitramento acerca de la valides de ellas.
Quarta. La renuncia del derecho de recurrir al arbitrage , hecha en las condiciones del Articulo segundo carecerà de valor y eficacia.
No. 5.
Mr. A. St. John to the Marquis of Salisbury. — (Received October 9.) My Lord, Quito, August 29, 1890.
Herewith I have the honour to inclose copy of the English version of the Treaty of Arbitration signed at Washington on the 28th April, 1890, by the Représentatives of the Republics of Bolivia , Ecuador, Gua-
Arbitrage.
temala, Haïti, Honduras, Nicaragua, Salvador, the United States of America, and the United States of Brazil*).
This Treaty has been approved by the Equatorian Congress, but the ratifications have not yet been exchanged.
(Signed) Alfred St. John.
No. 6.
Mr. White to the Marquis of Salisbury. — (Received November 12.)
Légation of the United States, London, My Lord, November 10, 1890.
I have the honour to transmit herewith to your Lordship the copy oi a Circular instruction, with its inclosures, relative to international arbitration, which I have just received from the Secretary of State, and to acquaint you that the Président of the United States trusts that the important objects now sought to be obtained by the formai acceptance of the cause of arbitration by the nations of the earth may favourably impress themselves upon Her Majesty's Government.
I have, &c.
(Signed) Henry WHte.
Inclosure 1 in No. 6.
Mr. Blaine to Mr. White.
(Circular.)
Sir, Department of State, Washington, October 23, 1890.
You will perceive by the inclosed copy of the Minutes of the late International American Conférence, dated the 18th April, 1890, p. 3, that a Resolution was passed as follows : —
»That this Conférence, having recommended arbitration for the settlemeut of ail disputes among the Republics of America , begs leave to express the wish that ail controversies between them and the nations of Europe may be settled in the same friendly manner.
»It is further recommended that the Government of each nation herein represented communicate this wish to ail friendly Powers.«
With this Resolution the Conférence submitted and recommended a form of an Arbitration Treaty. This Treaty has been formally signed by ten of the eighteen Governments represented in the Conférence, and it is reasonably expected that a majority of those not yet signing will soon become parties to this important instrument.
Article XIX of the Treaty provides: —
»That any other nation may accept this Treaty and become a party there to by signing a copy thereof and depositing the same with the
*) See Inclosure 3 in No. 6.
Nouv. Recueil Gén. 2. S. XX.
2 10 Grande - Bretagne , Etats - Unis d'Amérique.
Government of the United States , whereupon the said Government shall communicate this fact to the other Contracting Parties.*
In accordance with the Resolution of the Conférence, you will communicate to the Government to which you are accredited a copy of this instruction, and say that the Président trusts that the important objects now sought to be obtained by the formai acceptance of the cause of arbitration by the nations of the earth may favourably impress themselves upon that Government.
I am &c.
(Signed) James G. Blâme.
Inclosure 2 in No. 6.
Extract from the Minutes of the International American Conférence, 69th
day, April 18, 1890.
The Chair announced that the order of the day called for the considération of the following Report of the Committee on General Welfare : —
»The International American Conférence résolves : That this Conférence, having recommended arbitration for the settlement of ail disputes among the Republics of America, begs leave to express the wish that ail controversies between them and the nations of Europe may be settled in the same friendly manner.
»It is further recommended that the Government of each nation herein represented communicate this wish to ail friendly Powers.«
The vote having been taken on the Report as a whole, resulted in its unanimous adoption.
The Délégations voting were: Haïti, Nicaragua, Peru, Guatemala, Colombia, Argentine, Costa Rica, Paraguay, Brazil, Honduras, Mexico, Bolivia, United States, Venezuela, Salvador, and Ecuador.
Inclosure 3 in No. 6.
Form of Arbitration Treaty.
The Republics of
Believing that war is the most cruel , the most fruitless , and the most dangerous expédient for the settlement of international différences ;
Recognizing that the growth of the moral principles which govern political societies has created an earnest désire in favour of the amicable adjustment of such différences;
Animated by the conviction of the great moral and material benefits that peace offers to mankind, and trusting that the existing conditions of the respective nations are especially propitious for the adoption of arbitration as a substitute for armed struggles;
Convinced, by reason of their friendly and cordial meeting in the récent Conférence , that the American Republics , controlled alike by the principles, duties, and responsibilities of popular government, and bound
Arbitrage.
together by vast and increasing mutual interests, can, within the sphère of their own action, maintain the peace and good-will of ail their inhabitants;
And considering it their duty to lend their assent to the lofty principes of peace which the most enlightened public sentiment of the world approves ;
To the end of concluding a uniform Treaty of Arbitration , have narned as their Pleinipotentiaries the following:
Who, having communicated to each other their respective full powers, found in good and due form , have agreed upon the following Articles, being the same that were solemnly recommended by the International American Couference which wasc onvened in Washington ont he 2nd day of October, 1889, and adjourned on the 19th day of April, 1890: —
Article L
The Republics uniting in this Convention hereby adopt arbitration as a principle of American international law for the seulement of the différences, disputes, or controversies that may arise between two or more of them.
Article II.
Arbitration shall be obligatory in ail controversies concerning Diplomatie and Consular privilèges, boundaries, territories, indemnities, the right of navigation , and the validity , construction , and enforcement of Treaties.
Article III.
Arbitration shall be equally obligatory in ail cases other than those mentioned in the foregoing Article, whatever may be their origin, nature, or object, with the single exception mentioned in the next following Article.
Article IV.
The sole questions excepted from the provisions of the preceding Articles are those which, in the judgment of any one of the nations involved in the controversy, may imperil its independence. In this event, for such nation, arbitration shall be optional ; but it shall be obligatory upon the adversary Power when demanded.
Article V.
Ail controversies or différences, whether pending or hereafter arising, shall be submitted to arbitration, even though they may have originated' in occurrences antedating the présent Treaty.
Article VI.
No question shall be revived by virtue of this Treaty concerning which a definite àgreement shall already have been reached. In such cases arbitration shall be resorted to only for the settlement of questions concerning the valitity, interprétation, or enforcement of such agreements.
212 Grande-Bretagne, États-Unis d'Amérique.
Article VII.
The choice of Arbitrators shall not be limited or confined to American States. Any Government may serve in the capacity of Arbitrator which maintains friendly relations with the nation opposed tothe one selecting it. The office of Arbitrator may also be instruted to Tribunals of Justice, to scientific bodies, to public officiais, or to private individuals, whether citizens or not of the States selecting them.
Article VIII.
The Court of Arbitration may consist of one or more persons. If of one person, he shall be selected jointly by the nations concerned. If of several persons, their sélection may be jointly made by the nations concerned. Should no choice be agreed upon, each nation showing a distinct interest in the question at issue shall have the right to appoint one Arbitrator on its own behalf.
Article IX.
Whenever the Court shall consist of an even number of Arbitrators, the nations concerned shall appoint an Umpire, who shall décide ail questions upon which the Arbitrators may disagree. If the nations interested fail to agrée in the sélection of an Umpire, such Umpire shall be selected by the Arbitrators already appointed.
Article X.
The appointment of an Umpire, and his acceptance, shall take place before the Arbitrators enter upon the hearing of the questions in dispute.
Article XI.
The Umpire shall not act as a member of the Court, but his duties and powers shall be limited to the décision of questions, whether principal for incidental, upon which the Arbitrators shall be unable to agrée.
Article XII.
Should an Arbitrator or an Umpire be prevented from servi ng by reason of death, résignation, or other cause , such Arbitrator or Umpire shall be replaced by a substitute to be selected in the same manner in which the original Arbitrator or Umpire shall have been chosen.
Article XIII.
The Court shall hold its sessions at such place as the parties in interest may agrée upon, and in case of disagreement or failure to name a place the Court itself may détermine the location.
Article XIV.
When the Court shall consist of several Arbitrators, a majority of the whole number may act notwithstanding the absence or withdrawal of the minority. In such case the majority shall continue in the performance of
Arbitrage.
their duties until they shall have reached a final détermination of the questions submitted for their considération.
Article XV.
The décision of a majority of the whole number of Arbitrators shall be final both on the main and incidental issues, unless in the agreement to arbitrate it shall have been expressly provided that unanimity is essential.
Article XVI.
The gênerai expenses of arbitration proceedings shall be paid in equal proportions by the Governuients that are parties thereto; but expenses incurred by either party in the préparation and prosecution of its case shall be defrayed by it individually.
Article XVII.
Whenever disputes arise the nations involved shall appoint Courts of Arbitration in accordance with the provisions of the preceding Articles Only by the mutual and free consent of ail of such nations may those différent arrangements disregarded, and Courts of Arbitration be appointed under.
Article XVIII.
This Treaty shall remain in force for twenty years from the date or the exchange of ratifications. After the expiration of that period, it shall continue in opération until one of Contracting Parties shall have notified ail the others of its désire to terminate it. In the event of such notice the Treaty shall continue obligatory upon the party giving it for one year thereafter, but the withdrawal of one or more nations shall not invalidate the Treaty with respect to the other nations concerned.
Article XIX.
This Treaty shall be ratified by ail the nations approving it according to their respective constitutional methods; and the ratifications shall be exchanged in the city of Washington on or before the lst day of May, a. d. 1891.
Any other nation may accept this Treaty and become a party thereto, by signing a copy thereof and depositing the same with the Government of the United States; whereupon the said Government shall communicate this fact to the other Contracting Parties.
In testimony whereof the undersigned Plenipotentiaries have hereunto affixed their signatures and seals.
Done in the city of Washington, in copies in
English, Spanish, and Portuguese, on this day of the month
of , one thousand eight hundred and ninety.
214 Grande-Bretagne, États-Unis d'Amérique.
The Marquis of Salisbury to Mr. White.
Sir, Foreign Office, November 15, 1890.
I Have the honour to acknowledge the receipt of your note of the lOth instant, in which, by direction of the Président of the United States, you invite the attention of Her Majesty's Government to a Résolution agreed upon by the International American Conférence , and to a draft, Treaty, with the object of settling by arbitration ail disputes which may arise between the Republics of America and the nations of Europe.
I beg to thank you for this communication, and to assure you that it shall receive the careful considération of Her Majesty's Government.
I have, &c.
(Signed) Salisbury.
No/ 8.
Mr. Pakenham to the Marquis of Salisbury. — (Received December 4.) My Lord, Buenos Ayres, November 3, 1890.
I Have the honour to transmit herewith copy and translation of a note from the Paraguayan Minister for Foreign Affairs, inclosing, for transmission to Her Majesty's Government, a copy of the Resolution passed by the récent Pan-American Congress on the subject of arbitration as a means of settling international différences.
I have, &c.
(Signed) F. Pakenham,
Inclosure 1 No. 8.
Senor Centurion to Mr. Pakenham.
(Translation.) Department of Foreign Affairs, Asuncion,
M. le Ministre, October 18, 1890.
The International Conférence of Washington, among other important acts during its session , expressed the désire that ail the controversies between the American Republics, and between them and European nations, should be settled by arbitration, as the most équitable and reasonable means of adjusting such controversies in an amicable manner, thus avoiding the employment of force, which always has déplorable conséquences, contrary to the humane sentiments which distinguish civilization in this century, recommending to the respective Governments of the nations represented therein that they should communicate this décision to ail friendly Powers.
In compliance with the said recommendation , and in obédience to the instructions of my Government, I have the honour to address myself to that of Her Britannic Majesty, through the médium of your Excellency, inclosing an exact copy of the Resolution passed by the Committe of Ge-
Arbitrage.
neral Welfare on the llth April of the current year, which was approved by the above-mentioned Congress of Washington , hoping that it will meet with a benevolent receptiou on the part of Her Britannic Majesty, and that she will be pleased to afford it the powerful support of her influence, with the view to the adoption of a course of action which is so perfectly in harmony with the humane sentiments which have always served as the guiding principle of the policy of Her Majesty's Government.
I avail, &c.
(Signed) Juan C. Centurion.
Inclosure 2 in No. 8.
International American Conférence.
Resolution of the Committee of General Welfare.
(Translation.)
The International American Conférence résolves : That this Conférence, having recommended arbitration for the décision of ail disputes between the Republics of America, permits itself to express the désire that ail the controversies between them and the nations of Europe should be settled by the same means.
The Conférence furthermore recommends that the respective Governments of the nations represented therein should communicate this décision to ail friendly Powers.
(Signed) J. B. Henderson. Manuel Quintana. J. M. Hurtado. Fernando Cruz. N. Bolet Peraza. J. G. do Amaral Valente.
Juan Franco. Velarde. Washington, April 11, 1890.
True copy of the original:
(Signed) C. Passoli.
No. 9.
The Marquis of Salisbury to Mr. Pakenham. Sir, Foreign Office, December 8, 1890.
In reply to your despatch of the 3rd ultimo, I have to request that you will inform the Paraguayan Minister for Foreign Affairs , in answer to his note of the 18th October, that the Resolution passed by the récent Pan-American Congress on the subject of arbitration has already been communicated by the Government of the United States of America to Her Majesty's Government, who have replied that it shall receive their attentive considération. I am, &c.
(Signed) Salisbury.
No. 10.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received October 28.) My Lord, Washington, October 20, 1891.
The proceedings of the Œcumenical Methodist Council, now sitting
Grande-Bretagne, États-Unis d'Amérique.
at Washington, have attracted considérable attention in this country, and on the 17th instant the Président of the United States delivered an Address before that body on the subject of international arbitration.
In view of the large nuraber of British delegates who attended the Council in this city , and also of the announcement that the Président would deliver the above-mentioned Address, I thought it advisable to attend the meeting, and I was glad to observe that my présence nppeared to give satisfaction to the delegates.
I have the honour to inclose a Report of the proceedings with the text of the Présidents Address. I have, &c.
(Signed) Julian Pauncefote.
Inclosure in No. 10.
Extract from the »New York Tribune « of October 18, 1891.
Address delivered by the Président of the United States before the Œcu-
menical Methodist Council at Washington on October 17, 1891. Mr. Chairman and Gentlemen of the Conférence,
I came here this morning to make an expression of my respect and esteem for this great body of delegates assembled from ail the countries of the world , and much more to give a manifestation of my respect and love for that greater body of Christian men and women for whom you stand. (Applause.) Every Œcumenical Conférence is a distinct step in the direction , not only of the unification of the Church, but of the unification of humanity. Assembling from countries unlike in their civil institutions , their Church not wholly in accord as to doctrine and Church order , you corne together to find that the unlikeness is not so great as you had thought (cries of hear , hear , from the English delegates), and to find this common sympathy and common purpose greater and larger than you had thought — large enough presently to overspread and extinguish ail those transitory lésions and divisions. (Applause.) 1 am glad to know that , as the followers of Wesley , whose hymns we sing, you have been in consultation as to the method and time when thèse minor divisions among you may be obliterated. It is the natural order that subdivisions should be wiped out before the grand divisions of the Church can be united. Who does not greatly rejoice that the controversial clash of the Church is less than it once was; that we hear more of the work of the Master and His teachings of love and duty than of hair - splitting and theological dissensions ? I recall many years ago , while visiting a watering-place in Wisconsin, that when the Sabbath came around I went with some friends to a little Methodist church in an adjoining village. The preacher undertook to overturn my Presbyterianism (laughter) , and an irreverent friend who sat beside me, as the young man delivered his telling blasts against Calvinism, was constantly emphasizing the points made by nudges of his elbow. I am glad to recall that , although since then I have worshipped in Methodist churches, that was the last expérience of that kind I have had. (Hear, hear.)
Arbitrage.
You bave to-day as the thème of discussion the subject of international arbitration , and , tbis being a public and enlarged use of the word, perhaps makes my présence here as an officer of the United States specially appropriate. (Applause.) It is a curious incident that on this day, appointed by me some days ago , and before I was aware of the thème of the occasion which we have here this morning, I had appointed this afternoon to visit the great gun foundry of the United States at the Navy Yard. Things have corne in their proper séquence. I am here at this arbitration meeting before I go to the gun foundry. This subject is one which has long attracted the attention, and I think I may say has as greatly attracted the interest and adhérence, of the United States as that of any other Christian Power in the world. (Applause.)
It is known to you ail that in the récent Conférence of the American States at Washington the proposition was distinctly made and adopted by the Représentatives of ail, or nearly ail, of the Governments represented, that, as applied to this hémisphère , ail international disputes should be settled by arbitration. (Applause.) Of course, there are limitations as yet, in the nature of things, to the complète and gênerai adoption of such a scheme. It is quite possible to apply arbitration to a dispute as to a boundary-line ; it is quite impossible , it seems to me , to apply it to a case of international feud. If there is présent a disposition to subjugate, an aggressive spirit to seize territory, a spirit of national aggrandizement that does not stop to consider the rights of other men and other people, to such a case and to such a spirit international arbitration has no, or, if any, a remote and difficult application. It is for a Christian sentiment, manifesting itself in the fair international arbitration. (Applause.)
But I did not intend to enter into a discussion of the thème for the setting forth of which you have with délibération appointed those who have given it attention. Let me therefore say simply this : For myself, temporarily in a place of influence in this country , and much more for the great body of its citizenship, the désire of America is for peace with the whole world. (Applause.) It would have been vain to suggest the pulling down of block-houses and family disarmament to one of the settlers on the hostile Indian frontier. He would have told you rightly that the times were not right. And so it may be, and is probably true, the Devil still being unchained (hear), that we should have our gun foundries, and that we shall best promote the settlement of international disputes by arbitration when it is understood that if the appeal is to some other tribunal we shall be not unprepared. (Applause.) There is one unity of the Church, and but one of humanity. It is through this great Christian sentiment , characterized by a high sensé of justice, and by a spirit of love and forbearance imposed on civil institutions and civil Governments of the world, that we shall approach best arbitration methods of settling disputes. Let me thank you , Mr. Chairman , and you , gentleman of the Conférence , for the privilège of standing before you for a moment, and for this most cordial welcome you have given me. I beg to renew my high appréciation of tbe character of this dele-
218 Grande-Bretagne, États-Unis d'Amérique.
gation, and the membersbip of the great Church from which you corne. I hope that in your remaining délibérations , and in your journeys to your far distant homes , you may have the guidance of that God whom we ail révère and worship.
No 11.
Mr. Herbert to the Marquis of Salisbury. — (Received August 15.) My Lord, Newport, Rhode Island, August 5, 1892.
I have the honour to inclose copies of a Bill which was introduced in the Senate on the 23rd ulimo by Senator Sherman for the création of a Tribunal for International Arbitration.
I have, &c.
(Signed) Michael H. Herbert.
Inclosure in No. 11.
52nd Congress, lst Session. — S. 3468.
In the Senate of the United States.
July 23, 1892. — Mr. Sherman introduced the following Bill, which was read twice and referred to the Committee on Foreign Relations.
A Bill to promote Peace among Nations, and for the création of a Tribunal for International Arbitration. Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That the Président be, and hereby is , authorized to appoint a Commission to visit such other Governments as he in his discrétion may détermine, for the purpose of instituting negotiations with theni for the création of a Tribunal for International Arbitration , or other appropriate means whereby ail diffîculties and disputes between nations may be peaceably and amicably settled and wars prevented.
Sec. 2. That the sum of 50,000 dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated , to defray the necessary expenses attendant upon such negotiation.
No. 12.
The Earl of Rosebery to Sir J. Pauncefote. Sir, Foreign Office, July 28, 1893.
I transmit to your Excellency copy of a Resolution which was passed in the House of Commons on the 16th ultimo, expressing sympathy with the action taken by the Congress of the United States in favour of the settlement disputes of international by arbitration.
Her Majesty's Government have pleasure in bringing this Resolution
Arbitrage.
to the knowledge of the Government of the United States, and would be glad if the Président should see fit to lay it before both Houses of Congress.
I request that your Excellency will communicate a copy of this Resolution to the Secretary of State, with an intimation to the above effect.
I am, &c.
(Signed) Rosebery.
Inclosure in No. 12.
Resolution.
Resolved, — That this House has learnt with satisfaction that both Houses of the United States' Congress have, by Resolution, requested the Président to invite, from time to time, as fit occasions may arise, negotiations with any Government with which the United States have or may have diplomatie relations, to the end that any différences or disputes arising between the two Governments which cannot be adjusted by diplomatie agency may be referred to arbitration and peaceably adjusted by such means ; and that this House, cordially sympathizing with the purpose in view , expresses the hope that Herr Majesty's Government will lend the ready co - opération to the Government of the United States upon the basis of the foregoing Resolution.
No. 1.
Sir J. Pauncefote to the Earl of Rosebery. — (Received December 16.) My Lord, Washington, December 7, 1893.
In accordance with the instructions contained in your Lordship's despatch of the 28th July last, I transmitted to the United States' Secretary of State the copy of the Resolution passed by the Houses of Commons expressing sympathy with the action taken by Congress in favour of the seulement of international disputes by arbitration, and I informed Mr. Gresham that Her Majesty's Government would be glad, if the Président should see fit, to lay it before both Houses of Congress.
I have now the honour to inclose copy of Mr. Gresham's reply, which is dated on the 4th instant, and in which, after stating that it had been unavoidably delerred, he informs me that the Président will feel great satisfaction in bringing the Resolution in question to the knowledge of Congress in his fortheoming annual Message.
I transmitted to your Lordship a copy of this Message, which was communicated to Congress on the 4th instant , in my despatch of the 5th instant, and your Lordship will observe that, in alluding, on p. 10, to the receipt of the Resolution, Président Cleveland remarks: »lt affords me signal pleasure to lay this Parliamentary Resolution before the Congress , and to express my sincère gratification that the sentiment of two great and kindred nations is thus authoritativelly manifested in favour of
220 Grande-Bretagne, Etats-Unis d'Amérique.
the rational and peaceable seulement of international quarrels by honourable resort to arbitration. «
I have, &c.
(Signed) Julian Pauncefote.
Inclosure in No. 1.
Mr. Gresham to Sir Julian Pauncefote.
Department of State, Washington, Excellency, December 4, 1893.
With regard to your note of the 9th August, 1893, of which acknowledgment has been hitherto unavoidably deferred , I have now the pleasure to inform you that the Président will feel great satisfaction in bringing to the knowledge of the Congress , in his forthcoming annual Message, the Resolution of the House of Commons of the 16th July last, whereby that high body expressed its cordial sympathy with the action taken by the Senate and House of Représentatives in the concurrent Resolution of the 14th February and 3rd April, 1890, requesting the Président »to invite from time to time, as fit occasions may arise, negotiations with any Government with which the United States has or may have diplomatie relations , to the end that any différences or disputes arising between the two Governments which cannot be adjusted by diplomatie agency may be referred to arbitration, and be peaceably adjusted by such means.«
In manifesting the hope that Her Majesty's Government will lend their cordial co-operation to the Government of the United States upon the basis of this concurrent Resolution of Congress, the House of Commons has afforded a most gratifying proof of the sentiment of the two nations in favour of the settlement of international disagreements by honourable resort to impartial arbitration , a mode of adjustment of which the United States and Great Britain have , by mutual accord , given to the world conspicuous illustration on several récent occasions.
I have, &c.
(Signed) W. Q. Gresham.
Délimitation.
