No. 19 BOLIVIA-PERU Provision for arbitration of a dispute concerning the former's obligation to the latter for aid in the war for independence from Spain, contained in a treaty of peace and commerce.-Signed at Sucre, October 10, 1848 1 ARTICLE II There having been pending since the year 1825 the question raised by the Government of Peru whether Bolivia should assume some portion of the expenses incurred by the Peruvian Republic during the campaigns of 1823 and 1824 with the object of attaining the independence of both; and Bolivia not having acquiesced in that claim, stating that on its part it had made great expenditures in order to maintain the independent armies which fought at Huaquí, Vilcapuquio and Viloma, and the Peruvian army which in 1825 took possession, under command of General Santa Cruz, of the departments of La Paz, Oruro and Cochabamba; now the two contracting parties agree to appoint an arbitrator to settle such question, and in such event promise to acquiesce in the decision of the arbitrator, which shall be the Government of New Granada or of Venezuela. The two parties shall jointly negotiate to the end that one of the said governments may perform this service on behalf of peace between the two contracting republics. 1 Spanish: Aranda, Tratados del Perú, vol. II, p. 295. Ratifications were exchanged at Oruro, November 7, 1849. On November 3, 1847, a treaty had been signed at Arequipa in which the second article was identical with this but in which there were slight changes in some of the other articles. When on December 30, 1847, the meeting occurred at which the ratifications were to be exchanged the Bolivian representative refused to make the exchange because certain modifications had been made by Peru when that government ratified it. An agreement was then signed extending the time for an additional sixty days. But that also expired without the exchange being effected. New negotiations resulted in the signature of this treaty of October 10, 1848, including the treaty of November 3, 1847, and the subsequent modifications. The period of eighty days allowed in it for the exchange expired without the exchange being effected; and on March 1, 1849, a new convention was signed at Sucre extending the time for eighty days more. This also having expired before the exchange, the representatives of the two governments adopted the expedient of effecting the exchange after the expiration but dating it back. The Peruvian Government refused to recognize this as valid; and a new convention postponed the date again. Before the expiration of this period the exchange was effected as stated above. In his proclamation of December 24, 1849, declaring the treaty in force, the President of Peru spoke of it as the treaty of Arequipa of November 3, 1847, with the modifications made by the congresses and governments of the two nations. See Aranda, op. cit., pp. 293, 294, 301, 302. No. 20 COSTA RICA-HONDURAS Provision for general arbitration, in a treaty of peace, friendship, and commerce.-Signed at San José, January 4, 18501 ARTICLE XV The two republics bind themselves never to make war against each other, nor will either give assistance in attacks that may be made on the other. If differences should arise they will always settle them by arbitration; and only in case one of them will not abide by such arbitration, will the other be permitted to make use of arms. No. 21 ECUADOR-PERU Provision for the arbitration of a dispute concerning the ownership of certain vessels and arms, contained in a treaty of peace and friendship. Signed at Lima, March 16, 18532 ARTICLE V The disposition of the vessels, arms, ammunition and other warlike stores which, being part of the fleet of D. Juan José Flores, sought the shelter of the port of Paita, and the determination of their ownership shall be submitted to the arbitral decision of the Government of Chile, both contracting parties having pledged themselves to abide by the decision of the latter. 1 Spanish: Tratados Internacionales de Costa Rica, vol. 1 (1892), p. 118. No certain evidence is at hand whether this treaty was or was not ratified. The text of this article is printed in Wiesse, Tratados de Arbitramiento, p. 36. It is also contained in the manuscript study of the archives of the Costa Rican foreign office sent to the Endowment by Mr. Luis Anderson. But neither of these makes any comment concerning ratification, although both do in most other cases. 2 Spanish: Aranda, Tratados del Perú, vol. v, p. 132. Ratified by the Peruvian executive, April 8, 1853. A footnote says it was not submitted to the Congress of Peru. The text in Spanish of this article is quoted in La Fontaine, Pasicrisie internationale, p. 588. No. 22 MEXICO-UNITED STATES Provision for general arbitration, in a treaty relative to the boundary and transit across the Isthmus of Tehuantepec.-Signed at Mexico City, December 30, 18531 ARTICLE VII Should there at any future period (which God forbid) occur any disagreements between the two nations which might lead to a rupture of their relations and reciprocal peace, they bind themselves in like manner to procure by every possible method the adjustment of every difference, and should they still in this manner not succeed, never will they proceed to a declaration of war, without having previously paid attention to what has been set forth in Article 21 of the Treaty of Guadalupe for similar cases; which article as well as the 22d, is here reaffirmed. No. 23 COSTA RICA-NICARAGUA Provision for the arbitration of existing disputes concerning boundaries, navigation, and sovereignty over certain regions, in a preliminary convention of peace.-Signed at Washington, January 28, 18542 ARTICLE I The Governments of the Republics of Costa Rica and Nicaragua bind themselves reciprocally to put an end as soon as possible to the differences that unfortunately have existed and still exist between said republics with regard to the sovereignty over certain territories and to certain rights relative to interior navigation, either through a direct arrangement between the interested parties without the intervention of a third, or by submitting themselves to the decision of a friendly nation. 1 English: Malloy, Treaties and Conventions of the United States, vol. I, p. 1124. Spanish: Tratados y Convenciones Concluídos y Ratificados por México (1878), p. 262. Ratified by Mexico, May 30, 1854; by the United States, June 29, 1854; and ratifications exchanged at Washington, June 30, 1854. For Article XXI of the treaty of Guadalupe Hidalgo, here referred to, see the treaty of February 2, 1848, No. 18, ante, p. 28. The English text follows the Spanish in the Spanish source cited. Spanish: Tratados Internacionales de Costa Rica, vol. II (1893), p. 137. No evidence is at hand whether this was or was not ratified. See similar provisions in subsequent treaties between the same nations in 1857, 1858, and 1861. The text of the articles here quoted is found also in Tratados de Arbitraje de Nicaragua, p. 121. ARTICLE II In case the negotiations which are actually pending at San José between the Government of Costa Rica and the plenipotentiary of Nicaragua should unfortunately not attain the end which both parties intend, it is stipulated that immediately after the exchange of the ratifications of this convention, the Republics of Costa Rica and Nicaragua shall submit the decision of all and of every one of the questions pending between the two governments, with regard to boundaries, interior navigation, and sovereignty of any territories, rivers, and lakes in dispute, without any reservation whatsoever, to the arbitral decision of His Majesty the Emperor of the French people or to any other government that either of the contracting parties may deem convenient to designate at the time of the exchange of the ratifications of this convention. ARTICLE III It is likewise agreed that immediately after the consent of the arbitrator that may be chosen shall have been obtained, the two republics shall confer on him full powers, so that he may decide, as he may deem best, in conformity with the principles of equity and justice, all the questions pending between the said governments, after examination of the reports and documents that each of the interested parties shall respectively present to support its rights through its diplomatic agents or in any other manner, it being understood that if either of the parties should fail to submit its evidence, within the period of one year, which shall not be subject to extension, that fact shall not delay the decision of the arbitrator, which he may base solely on the information submitted by the other party. No. 24 ARGENTINA-CHILE Provision for the arbitration of boundary disputes, in a treaty of peace, friendship, commerce, and navigation.—Signed at Santiago de Chile, August 30, 1855 1 1 ARTICLE XXXIX Both contracting parties recognize as the limits of their respective territories those which they possessed as such at the time of their separation from the Spanish dominion in 1810, and they agree to reserve the questions which have arisen, or may hereafter arise upon this matter, in order to discuss them pacifically and amicably afterwards, without ever having recourse to violent measures, and in case a complete settlement should not be arrived at, to submit the decision to the arbitration of a friendly nation. No. 25 GUATEMALA-HONDURAS Provision for general arbitration, in a treaty of peace and friendship.Signed at Guatemala, February 13, 18562 ARTICLE X In consequence of this treaty, all disagreements existing before its conclusion are terminated, and they shall be considered as not having existed. Both republics, not only declare their complete forgetfulness, but agree that no claim may be made for damages and losses, or the appropriation of implements of war during the hostilities, and they also bind themselves to aid each other whenever their independence may so demand. Furthermore, they establish as a permanent rule of conduct, that in no event will they levy war against each other, nor consent that any hostile operations may be 1 English: British and Foreign State Papers, vol. XLIX, p. 1212. 1 Spanish: Tratados de la Argentina, vol. vII, p. 45. Ratified by Argentina, January 31, 1856; by Chile, April 5, 1856; and ratifications exchanged at Santiago, April 29, 1856. The text is also in Tratados de Chile, vol. 1, p. 249. For other arbitration arrangements leading to the settlement of this boundary dispute see Nos. 82, 113, 144, and 149, post, pp. 122, 179, 246, and 256. Spanish: Salazar, Tratados de Guatemala (Derecho Internacional Guatemalteco), vol. I (1892), p. 522. Ratified by Guatemala, April 5, 1856. The substance of the arbitral provision, though not the exact text, is in Wiesse, Tratados de Arbitramiento, p. 38. |