Mr. Bryan to Mr. Hay.

No. 85.]

Sir: I have the honor to send inclosed the Portuguese version, with translation, of the arbitration treaty between this country and Spain.

I have, etc.,

Charles Page Bryan.

[From the Liberal, of June 2, 1904.]

The Government of His Most Faithful Majesty and the Government of His Catholic Majesty, subscribers to the agreement for the pacific solution of international disputes, as arranged at The Hague on the 29th of July, 1899, considering:

Whereas by article 19 of that covenant, the high contracting parties reserved to themselves the privilege of arbitrating in the beginning all questions or matters of dispute of a character to admit of arbitration; and

Whereas the cordiality of the sentiments and intentions that animate the two Peninsular nations, more particularly in respect of contributing effectively to straightening and strengthening of the bonds of intimate friendship, and to confirming and extending the good relations, political and economic, existing between them; and

Whereas it is desirable to secure by mutual and sound concurrence every available and judicious counsel in the common interest of the coast regions in the settlement of local discords and conflicts arising from immediate proximity of the contending parties;

Therefore it is hereby agreed by the undersigned as follows:

  • Article 1. All questions of a judicial character relative to the interpretation of treaties or conventions existing, or hereafter to exist, between Portugal and Spain, bordering and friendly nations, and which questions can not be amicably solved by diplomacy, shall be submitted to a commission, constituted expressly for that purpose, by previous agreement; and in the event of the parties failing to agree upon the constitution of such commission within a term not to exceed one month from the time such commission is proposed by one of the high contracting [Page 702] parties, then the submission shall be to the permanent arbitration tribunal or court instituted at The Hague by virtue of the convention there held on the 29th of June, 1899, provided that the questions so referred and submitted shall not involve matters of vital effect upon the independence or honor of the contracting nations or the interests of other States.
  • Article 2. If it is necessary to appoint an umpire, owing to the failure of the members of the commission provided for in the foregoing article to agree, he shall be chosen by the Governments interested from among the members of the permanent tribunal of The Hague.
  • Article 3. In any special case, before resort to the commission named in the preceding articles, or to the permanent tribunal of arbitration, the high contracting parties can enter into a special compromise clearly determining the points at issue, the extent of the submission to arbitration and the conditions to be observed relating to the constitution of the tribunal and the various phases of the process of arbitration.
  • Article 4. This present agreement shall be valid for the term of five years, dating from the day of its ratification, and shall not be declared inoperative short of one year advance notice of such termination, and it shall continue in force for five years successively.

  • Wenceslau de Souza Pereira Lima.
  • Luiz Polo de BernabĂ©.