TREATY OF PEACE between Germany and the United States of America.-Berlin, August 25, 1921.*

[Ratifications exchanged at Berlin, November 11, 1921.]

THE United States of America and Germany,

Considering that the United States, acting in conjunction with its co-belligerents, entered into an armistice with Germany on the 11th November, 1918, in order that a Treaty of Peace might be concluded;

Considering that the Treaty of Versailles was signed on the 28th June, 1919, and came into force according to the terms of its Article 440, but has not been ratified by the United States:

Considering that the Congress of the United States passed a joint resolution, approved by the President on the 2nd July, 1921, which reads in part as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved the 6th April, 1917, is hereby declared at an end.

Sec. 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges. indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed the 11th November, 1918, or any extensions or modifications thereof: or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the Treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the Principal Allied and Associated Powers; or to which it is entitled by virtue of any Act or Acts of Congress: or otherwise.

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Sec. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals, which was, on the 6th April, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of

* 66

United States Treaty Series." No. 658. German language.

+ Vol. CXI, page 613.

§ Vol. CXI, page 925.

Signed also in the

Vol. CXII, page 1.

America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on the 7th December, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal AustroHungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments respectively, of all persons, wheresoever domiciled, who owe permanent

allegiance to the United States of America and who have suffered, through the acts of the Imperial German Government, or its agents, or the Imperial and Royal AustroHungarian Government, or its agents, since the 31st July, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of hostilities or of any operations of war, or otherwise, and also shall have granted. to persons owing permanent allegiance to the United States of America most-favoured-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights, and until the Imperial German Government and the Imperial and Royal AustroHungarian Government, or their successor or successors, shall have respectively confirmed to the United States of America all fines, forfeitures, penalties, and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals or the Imperial and Royal Austro-Hungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims. against the United States of America."

Being desirous of restoring the friendly relations existing between the two nations prior to the outbreak of war:

Have for that purpose appointed their PlenipotentiariesThe President of the United States of America: Ellis Loring Dresel, Commissioner of the United States of America to Germany; and

The President of the German Empire: Dr. Friedrich Rosen, Minister for Foreign Affairs,

Who, having communicated their full powers, found to be in good and due form, have agreed as follows:

ART. I. Germany undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid joint resolution of the Congress of the United States of the 2nd July, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States.

II. With a view to defining more particularly the obliga-, tions of Germany under the foregoing Article with respect to certain provisions in the Treaty of Versailles, it is understood and agreed between the High Contracting Parties

1. That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section 1 of Part IV, and Parts V, VI, VIII, IX. X, XI, XII, XIV and XV.

The United States in availing itself of the rights and advantages stipulated in the provisions of that Treaty mentioned in this paragraph will do so in a manner consistent with the rights accorded to Germany under such provisions.

2. That the United States shall not be bound by the provisions of Part I of that Treaty, nor by any provisions of that Treaty, including those mentioned in paragraph 1 of this Article, which relate to the Covenant of the League of Nations, nor shall the United States be bound by any action taken by the League of Nations, or by the Council or by the Assembly thereof, unless the United States shall expressly give its consent to such action.

3. That the United States assumes no obligations under or with respect to the provisions of Part II, Part III, Sections 2 to 8, inclusive, of Part IV, and Part XIII of that Treaty.

4. That, while the United States is privileged to participate in the Reparation Commission, according to the terms of Part VIII of that Treaty, and in any other Commis sion established under the Treaty or under any Agreement supplemental thereto, the United States is not bound to participate in any such Commission unless it shall elect to do so.

5. That the periods of time to which reference is made in Article 440 of the Treaty of Versailles shall run, with respect to any act or election on the part of the United States, from the date of the coming into force of the present Treaty.

III. The present Treaty shall be ratified in accordance with the constitutional forms of the High Contracting Parties and shall take effect immediately on the exchange of

ratifications, which shall take place as soon as possible at Berlin.

In witness whereof, the respective Plenipotentiaries have signed this Treaty and have hereunto affixed their seals. Done in duplicate in Berlin this 25th day of August, 1921. (L.S.) ELLIS LORING DRESEL. (L.S.) ROSEN.

TREATY OF UNION between Costa Rica, Guatemala, Honduras and Salvador, constituting the Federation of Central America.-San José de Costa Rica, January 19, 1921.

[Ratified by Guatemala, May 12, 1921; Honduras, April 11, 1921; and Salvador, April 15, 1921.]

(Translation.*)

THE Governments of the Republic of Guatemala, Salvador, Honduras and Costa Rica, considering it their sacred and patriotic duty to complete as far as possible the reconstruction of the Federal Republic of Central America, on a basis of justice and equality which may guarantee peace, maintain harmony between the States, ensure the benefits of liberty, and promote progress and general welfare, have decided to enter into a Treaty of Union to attain this end, and to that effect have appointed the following as their Plenipotentiary Delegates:

The Government of Guatemala: Their Excellencies Don Salvador Falla, and Don Carlos Salazar.

The Government of Salvador: Their Excellencies Dr. Don Reyes Arrieta Rossi and Don Miguel T. Molina.

The Government of Honduras: Their Excellencies Dr. Don Alberto Ucles and Don Mariano Vasquez.

The Government of Costa Rica: Their Excellencies Don Alejandro Alvarado Quiros and Don Cleto Gonzalez Viquez;

Who, after having communicated their respective full powers, found in good and due form, have agreed upon the following provisions:

ART. I. The Republics of Guatemala, Salvador, Honduras and Costa Rica unite in a perpetual and indissoluble union, and shall constitute for the future a sovereign and independent nation which shall be entitled the "Federation of Central America."

It shall be the right and the duty of the Federal Authorities to maintain the union, and, in accordance with

the Federal Constitution, to maintain internal order in the States.

II. The four States shall participate by means of Deputies in a National Constituent Assembly, and they accept, from now henceforward, as supreme law, the Constitution which the said Assembly shall decree in accordance with the stipulations of this present Treaty.

III. In so far as it does not infringe the Federal Constitution, each State shall preserve its autonomy and independence with regard to the management and direction of its internal affairs, and likewise all powers which the Federal Constitution does not assign to the Federation.

The Constitutions of the States shall remain in force in so far as they are not contrary to the principles of the Federal Constitution.

IV. Until the Federal Government, by means of diplomatic action, has obtained the modification, annulment or substitution of the Treaties in force between States of the Federation and foreign nations, each State shall respect and faithfully carry out the Treaties by which it is bound in respect of any one or more foreign nations to the full extent implied in existing undertakings.

V. The National Constituent Assembly, when drawing up the Federal Constitution, shall observe the following principles: --

(a.) There shall be a Federal District governed directly by the Federal Government. The Assembly shall designate and delimit the territory of which it shall consist, and shall designate within it the town or place which will be the political capital of the Federation. The State, or States, from whom territory is taken in order to constitute the Federal District, shall cede it forthwith to the Federation without payment.

(b.) The Government of the Federation shall be republican, popular, representative and responsible. Sovereignty is vested in the Nation. The powers of the public authorities shall be limited, and must be exercised in accordance with the regulations of the Constitution. There shall be three authorities: Executive, Legislative and Judicial.

(c.) Executive authority shall be exercised by a Federal Council, composed of Delegates chosen by popular election. Each State shall elect a Chief Delegate and a substitute, over 40 years of age, and natural-born citizens of the State which elects them. The term of office of the Council shall be five years.

The Delegates, both chief and substitute, must reside in the Federal capital. The substitutes shall attend the debates of the Council without the right to vote. Nevertheless, they