1907, hereby agrees with the Government of the Dominican Republic that the Government of the Dominican Republic may increase its public debt to the amount of one million five hundred thousand dollars in accordance with the terms of the proposed contract with the National City Bank of New York, a copy of which has been transmitted to this Legation; provided, however, that all advances or disbursements of the proceeds of this loan shall be made only by check or order of the Minister of Finance of the Dominican Republic specifically reciting the proposed application of the disbursement, such check or order to be countersigned as providing for a proper expenditure by the Minister or Secretary of the Legation of the United States in the Dominican Republic, and by a person designated for this purpose by the Receiver General of Dominican Customs. In view of the above, I have the honor to request that the appropriate telegraphic instructions be issued to the Receiver General of Dominican Customs. The Department is now informed that the American Minister is bringing to the United States with him true copies of the correspondence exchanged between the Dominican Foreign Office and the American Legation, as well as a true copy of the loan contract as signed. So soon as these documents are received by the Department copies will be transmitted to you for your files. Meanwhile I have the honor to enclose herewith a copy of the contract and of the coupon note1 as they appear to be from information before this Department. I have [etc.] 1 Not printed. 29479-S. Doc. 348, 67-4 -8 W. J. BRYAN. Signed at Washington January 7, 1909; ratification advised by the Senate January 13, 1909; ratified by the President March 1, 1909; ratified by Ecuador November 5, 1909; ratifications exchanged at Washington June 22, 1910; proclaimed June 23, 1910. (Treaty Series, No. 549; 36 Statutes at Large, 2456.) 1. Differences to be submitted. II. Special agreement. ARTICLES. III. Duration. The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of Internatinal Disputes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Ecuador, adherent to the said convention of July 29, 1899, and signatory of the said convention of October 18, 1907; Taking into consideration that by Article XIX of the convention of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment; Have authorized the undersiged to conclude the following Convention: ARTICLE I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contractáng Parties, and which it may not have been possible to settle by diplo macy, shall be referred to the Permanent Court of Arbitration established at The Hague by the convention of the 29th July, 1899, for the Pacific Settlement of International Disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Ecuador shall be subject to the procedure required by the Constitution and laws thereof. ARTICLE III. The present Convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termination shall be given by either party. ARTICLE IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Ecuador in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate, in the English and Spanish languages, at Washington, this seventh day of January, in the year one thousand nine hundred and nine. ELIHU ROOT [SEAL] SEAL 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington October 13, 1914; ratification advised by the Senate October 20, 1914; ratified by the President January 4, 1916; ratified by Ecuador November 10, 1915; ratifications exchanged at Washington January 22, 1916; proclaimed January 24, 1916. (Treaty Series, No. 622; 39 Statutes at Large, 1650.) ARTICLES. I. All disputes not settled by diplomacy or arbitration to be reported upon by commission before resort to any act of hostility. II. Composition, procedure, remuner- III. Initiative of reference; time and The Governments of the United States of America and of the Republic of Ecuador, being desirous of once more contributing to the consolidation of their traditional policy of peace and amity and also to advance the diffusion of the spirit of universal peace, have resolved to enter into a special treaty and to that end have appointed as their plenipotentiaries: The President of the United States of America: The Honorable William Jennings Bryan, Secretary of State; and The President of the Republic of Ecuador: Señor Dr. Don Gonzalo S. Córdova, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Ecuador to the United States of America; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I. The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, and which it has not been possible to adjust through diplomatic methods, be referred for investigation and report to an International Commission to be constituted in the manner prescribed in the following article. And they further agree not to declare war or commit any act of hostility against each other, during such investigation and before the report is submitted. ARTICLE II. The International Commission mentioned in the preceding article shall be composed of five members, to be appointed as follows: Each Government shall appoint two members, one of whom shall be a citizen of the country whose government appoints him, and the other a citizen of some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either of the two contracting countries. In case of disagreement regarding the appointment of the fifth member, the two Governments shall request the President of the Swiss Confederation to choose such member. Said fifth member shall be of right the President of the International Commission. Each Government shall have the right to revoke the appointment of either or both of the members chosen by it, at any time before the investigation is begun, but must appoint his or their successors at the time his or their appointments are revoked. If the fifth member be chosen by common agreement between the High Contracting Parties, they may also at any time before the investigation is begun, withdraw their approval, but shall in such case come to an agreement within the next thirty days as to the appointment of a successor or request the President of the Swiss Confederation to make such appointment. Vacancies due to other causes than those enumerated in this article shall be filled in the manner established for the original appointment, and the new appointments shall not be delayed more than fifteen days from the date on which notice of the vacancy was received. The International Commission shall organize within six months after the exchange of the ratifications of this treaty, and shall report its organization to both Governments on the same date. It shall prescribe the rules of practice to be observed in the discharge of its mission, and shall also designate the place where the investigations are to be conducted. The expenses of the Commission and the compensation of its members shall be paid by the two contracting Governments in equal proportion. ARTICLE III. In case the High Contracting Parties shall have failed to adjust their disputes by diplomatic methods, they shall at once be referred to the International Commission for investigation and report. and either of the two interested governments may make the respective reference. The High Contracting Parties agree to furnish the International Commission with all the facilities which it requires for the proper discharge of its trust, and it shall complete its investigation and submit its report within a period of one year from the date on which it shall declare its investigation to have begun. If for reasons of force majeure it shall not have found it possible to complete its investigation or submit its report within the said period, it may be extended for six months more, if the High Contracting Parties agree in this respect. Upon the submission of its report by the International Commission, or if for any reason whatsoever no report is submitted within the term fixed in this article, the High Contracting Parties reserve the right to act in the subject matter of the investigation and report as their respective interests may demand. ARTICLE IV. The present treaty shall be ratified by the respective Governments in accordance with the provisions of their respective constitutions, and the ratifications shall be exchanged as soon as possible. This treaty shall continue in force for five years from the date of the exchange of ratifications and if notice of an intention to terminate it is not given by one of the Contracting Parties to the other one year before the termination of this period, it shall be considered as renewed for another year, and so on successively. A strict and faithful observance of the preceding article is entrusted to the honor of the signatory nations. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the 13th day of October, in the year of our Lord nineteen hundred and fourteen. [SEAL] [SEAL.] WILLIAM JENNINGS BRYAN |