2. The nation receiving notice of such complaint shall as soon as practicable, and within a period not exceeding three months thereafter, furnish a full and explicit answer to such complaint, and cause the same to be delivered to the State Department or other especially accredited agent of the complaining nation.

3. If within three months from the time of delivering such answer no agreement shall have been made for the final settlement of the questions in dispute, then each of said nations shall appoint five members of a Joint High Commission, who shall meet together as soon as possible after their appointment for the purpose of hearing and considering the questions of difference. They shall adopt for themselves rules of procedure and notify each nation thereof; and they shall hear and consider the case presented by each, and within six months from the time of their first meeting they shall report to the nations interested the result of their deliberations.

If, in determining any question coming before them, the members of the Joint High Commission fail to agree, they shall select an umpire who shall then and thereafter become a member of the Commission.

4. Whenever the Joint High Commission, appointed as herein before provided, shall fail to agree, or where the nations appointing them shall fail to accept and abide by their decision, either or both of the contending nations may give notice of such failure to all the nations signing these articles and becoming parties thereto, and there shall then be formed a High Tribunal of Arbitration in manner following, to wit: Each nation receiving the said notice shall immediately transmit to the nations in controversy the names of four persons, to be selected by the Executive Department of the Government so selecting them, and from the list of such persons the nations in controversy, beginning with the complaining nation, shall alternately strike out one name until the number shall be reduced to nine, which nine persons shall constitute a Tribunal.

The Tribunal thus constituted shall, by writing signed by the members or by a majority of them, appoint a time and place of meeting and give notice thereof to the parties in controversy; and at such time and place, or at other times and places to which an adjournment may be had, it shall determine the rules of its proceedings and thereupon hear the parties and decide between them; and the decision when made or signed by the majority of the members thereof and delivered to the nations in controversy, shall be final and conclusive.

If any nation receiving the notice and request to appoint members of such Tribunal shall fail to transmit the names of the four persons as herein provided within two months after receipt of notice to do so, then the states in controversy shall each appoint two persons in their places, who shall be subject to ultimate rejection in the same manner as those appointed by the neutral states; and if either of the parties to the controversy shall fail to signify its rejection of a name from the list, as herein required, within one month after request from the other to do so, such other may reject for it. If any of the persons selected to constitute this Tribunal shall die, or for any cause fail to serve, the vacancy shall immediately be filled by the nation making the original appointment.

5. Each nation signing these articles as a party binds itself to unite in forming a Joint High Commission and a High Tribunal of Arbitration in all proper cases and to submit to the decisions thereof, when constituted and conducted as herein required.

6. If any of the said nations shall begin and prosecute war against another wrongfully and in disregard of the provisions hereby adopted for the preservation of peace, such nation shall have no right to insist on the performance of neutral duties by the governments of any of the other states; and in such a case the offending nation shall have no lawful right to take or hold property, real or personal, by way of conquest, from its adversary.

5.

FACSIMILE COPY OF THE AMENDMENTS MADE BY MR. BLAINE TO THE ARGENTINE PLAN OF ARBITRATION.

from

The delegates of the Republics of North, South and Con

tral America and the Republic of Hayti, assembled in the International American Conference

Believing that war is the most costly, the most unsatis dangerous spandeert

factory, and the most porilous experiment for the

settlement of international differences

Beler

Recognizing that the growth of moral principle in the world has induced a public opinion that there are no ques

tions of international interest which cannot be prompt by adpates

amicably settled by the intervention of impartial counsel Belian

Bricouraged by the great benefit to mankind which hes thus far attended the establishment of Republican instituBrend tions, and confident (that the present condition of their respeet we countries free from the conflicting political interests and entanglements which disturb other countries especially favorable to the substitution of Arbitration for that the

Beleny

Gonvinced by their friendly and cordial association in the present Conference that the American Republics, sharing

alike the principles, the

obligations and resp ans i

bilities of popular constitutional government, and bound to

gether by vast, Yargely increasing,

Concentrat mg to much 6

common interests, may within their own circle, establish peace

on earth and good will towards men

De boty necommend to get the government by which Have howly had any reed apor in constuder gro-accredited to ectcbrate a uniform treaty of Arbitration

REPORT OF THE COMMITTEE ON GENERAL WELFARE, SUBMITTED TO THE CONFERENCE, APRIL 14, 1890.

The delegates from North, Central, and South America in Conference Assembled: Believing that war is the most costly, the most cruel, the most fruitless, and the most dangerous expedient for the settlement of international differences;

Believing that the growth of moral principle in the world has awakened a public opinion in favor of the amicable adjustment of all questions of international interest by the intervention of impartial counsel;

Animated by a realization of the great moral and material benefits that peace offers to mankind, and that the existing conditions of the several nations is especially propitious for the adoption of arbitration as a substitute for armed struggles;

Believing that the American Republics, sharing alike the principles, the obligations, and the responsibilities of popular constitutional government, and bound together by vast and increasing mutual interests, may, within their own circle, do much to establish peace on earth and good will to men;

And considering it their duty to declare their assent to the high principles which tradition has authorized, public reason supports, and the whole of mankind proclaims, in protection of the weak states, in honor of the strong, and to the benefit of all; Do solemnly recommend all the Governments by which they are accredited to celebrate a uniform treaty of arbitration in the articles following, namely:

ARTICLE I. The Republics of North, Central, and South America hereby adopt arbitration as a principle of American international law for the settlement of all differences, disputes, or controversies that may arise between them.

ARTICLE II. Arbitration shall be obligatory in all controversies concerning diplomatic rights and privileges, boundaries, territories, indemnities, the right of navigation, and the validity, construction, and enforcement of treaties.

ARTICLE III. Arbitration shall be equally obligatory in all cases, other than those mentioned in the foregoing article, whatever may be their origin, nature, or occasion, with the single exception mentioned in the next following article.

ARTICLE IV. Such exception shall be when, in the judgment of any nation involved in the controversy, its independence might be endangered by the result of arbitration; for such nation, arbitration shall be optional, but it shall be obligatory upon the adversary power.

ARTICLE V. All controversies, or differences, with the exception stated in Article IV., whether pending or hereafter arising, shall be submitted to arbitration, even though they may have originated in occurrences antedating the present treaty.

ARTICLE VI. No question shall be revived by virtue of this treaty concerning which a definite agreement shall already have been reached. In such cases arbitration shall be resorted to only for the settlement of questions concerning the validity, interpretation, or enforcement of such agreement.

ARTICLE VII. Any government may serve in the capacity of arbitrator which maintains friendly relations with the nation opposed to the one selecting it. The office of arbitrator may also be entrusted to tribunals of justice, to scientific bodies, to public officials, 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, the arbitrator shall be selected jointly by the nations concerned. If of several persons, their selection may be jointly made by the nations concerned. Should no choice be made, each nation claiming 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 decide all questions upon which the arbitrators may disagree. If the nations interested fail to agree in the selection 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 decision of questions upon which the arbitrators shall be unable to agree.

ARTICLE XII. Should an arbitrator, or an umpire, be prevented from serving by reason of death, resignation, 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 agree upon, and in case of disagreement or failure to name a place the court itself may determine 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 their duties until they shall have reached a final determination of the questions submitted for their consideration.

ARTICLE XV. The decision of a majority of a 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 general expenses of arbitration proceedings shall be paid in equal proportion by the governments that are parties thereto; but the expenses incurred by either party in the preparation 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 all such nations may those provisions be disregarded, and courts of arbitration appointed under different arrangements.

ARTICLE XVIII. This treaty shall remain in force for twenty years from the date of the exchange of ratifications. After the expiration of that period it shall continue in operation until one of the contracting parties shall have notified all the others of its desire to terminate it. In the event of such notice the treaty shall continue obligatory upon the party giving it for at least 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 all 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 first 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.

SUPPLEMENTARY REPORT OF THE COMMITTEE ON GENERAL WELFARE.

Whereas there is in America no territory which can be deemed res nullius; and Whereas, in view of this, a war of conquest of one American nation against another would constitute a clearly unjustifiable act of violence and spoliation; and Whereas, the possibilities of aggressions upon national territory would inevitably involve a recourse to the ruinous system of war armaments in time of peace; and

Whereas, the Conference feels that it would fall short of the most exalted conception of its mission were it to abstain from embodying its pacific and fraternal sentiments in declarations tending to promote national stability, and guarantee just international relations among the nations of the continent:

Be it therefore resolved by THE INTERNATIONAL AMERICAN Conference, That it earnestly recommends to the Governments therein represented the adoption of the following declarations :

First. That the principle of conquest shall never hereafter be recognized as admissible under American public law.

Second. That all cessions of territory made subsequent to the present declaration shall be absolutely void if made under threats of war or the presence of an armed force.

Third. Any nation from which such cessions shall have been exacted may demand that the question of the validity of the cessions so made shall be submitted to arbitration.

Fourth. Any renunciation of the right to have recourse to arbitration shall be null and void whatever the time, circumstances, and conditions may be under which such renunciation shall have been effected.

The delegations from Colombia, Brazil, and the first article or declaration of the resolutions.

MANUEL QUINTANA,

JUAN FRANCISCO VELARDE,
N. BOLET PERAZA,
Guatemala approve the preamble and

J. M. HURTADO,

J. G. DO AMARAL VALENTE,
FERNANDO Cruz.