Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part II

By Mr. William I. Buchanan,
Representing the United States of America.

Sir: I have the honor to submit the following report of the Central American Peace Conference held at Washington, D. C., November 13 to December 20, 1907, between delegates representing the five Central American Republics—Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador. In accordance with the provisions of Article II of the protocol convening the conference, signed at Washington, September 17, 1907, between the diplomatic representatives of the said Republics, Mexico and the United States were invited to participate in the conference in a friendly capacity. Mexico designated his excellency the Mexican ambassador at Washington as her representative, while I had the honor to participate as representative of the United States.

The conference grew out of the friendly initiative that was taken during last summer by Their Excellencies the Presidents of the United States and of Mexico, in an endeavor to secure an adjustment of the then pending disputes between several of these Republics in some form that would insure permanent peace among them and foster their development.

As a result of this step a preliminary conference between the diplomatic representatives of the five Republics was held at the Bureau of American Republics, Washington, D. C., on September 16 and 17, 1907. There were also present Hon. A. A. Adee, of the Department of State, and Señor Don Jose F. Godoy, Chargé d’Affaires of Mexico. At this conference the protocol convening the conference was agreed to and the time fixed for the first fifteen days of November. The text of this protocol—in English—will be found in the minutes which accompany this report as inclosure 1.

The conference was called together by the Secretary of State in the following note, dated November 11, 1907:

Department of State,
Washington, November 11, 1907.

Excellencies: The plenipotentiaries of the five Central American Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, appointed by their respective Governments in pursuance of the protocol signed in Washington on the 17th day of September, 1907, having arrived in the city of Washington for the purposes of the conference contemplated in the said protocol, I have the honor to request that the said plenipotentiaries, together with the representatives of the United Mexican States and of the United States of America, appointed pursuant to the second article of said protocol, convene in the building of the Bureau of American Republics in the city of Washington, on the 14th day of November, instant, at half past 2 in the afternoon.

I avail myself of this opportunity to offer to your excellencies the assurances of my highest consideration.

Elihu Root

To their excellencies the—

Delegates to the Central American Peace Conference.

costa rica.	nicaragua.
Señor Dr. Don Luis Anderson, Minister for Foreign Affairs. Señor Dr. Don J. B. Calvo, Envoy Extraordinary and Minister Plenipotentiary at Washington.	Señor Dr. Don Jose Madriz. Señor Don Luis F. Corea, Envoy Ex traordinary and Minister Plenipotentiary at Washington.
guatemala.	el salvador.
Señor Dr. Don Antonio Batres Juaregui. Señor Don Víctor Sánchez Ocaña. Señor Don Luis Toledo Herrarte, Envoy Extraordinary and Minister Plenipotentiary at Washington.	Señor Dr. Don Salvador Gallegos. Señor Don Salvador Rodriguez, G. Señor Dr. Don Federico Mejia, Envoy Extraordinary and Minister Plenipotentiary at Washington. To the representatives of—
honduras.	mexico.
Señor Dr. Don Policarpo Bonilla. Señor Don E. Constantino Fiallos. Señor Dr. Don Angel Ugarte, Envoy Extraordinary and Minister Plenipotentiary at Washington.	His Excellency Señor Don Enrique C. Creel, Ambassador at Washington.
	united states.
	Hon. William I. Buchanan, Buffalo, N. Y.

The secretaries of the different delegations were as follows:

honduras.	nicaragua.
Señor Dr. Don Justo Gomez Osorio. Señor Don Urbano Ugarte. Señor Dr. Don Manuel Ugarte.	Señor Ing. Don Nicolas Veloz.
	el salvador.
	Señor Don Salvador Galleagos (h.)

The conference was held at the Bureau of American Republics, the entire second floor of the bureau having been especially fitted and furnished for the purpose of the conference by the United States. Preliminary meetings of the delegates were held on the 12th and 13th of November for the purpose of agreeing upon rules to govern the conference and upon its officers. Neither the Mexican representatives nor the undersigned were present during these sessions.

A copy of the rules agreed upon to govern the conference will be found herewith, as inclosure 2. It will be noted that they are based upon the rules adopted by the Third Pan-American Conference, held at Rio de Janeiro in 1906, exceptions being the clause which required all delegations to be present before a vote could be taken, and that by which unanimity was required in voting, without prejudice to the fact that if only three delegations voted affirmatively then the subject became obligatory for them and a recommendation to the two which had voted “No.” The rules provided that the public should not be admitted to the sessions of the conferences.

The strained relations that had for many months existed between several of the Republics made the question of rules one of considerable delicacy, but the good spirit manifested by all the delegates, both at that time and throughout the conference, overcame these difficulties, and as the conference proceeded practically made rules almost unnecessary.

The minutes of the preliminary meetings of the delegates will be found herewith as inclosure 3.

The inaugural session of the conference was a public one, and was held at 2.30 p.m. on Thursday, November 14, in the conference rooms at the Bureau of American Republics.

There were present, in addition to the delegates, their secretaries; the representative of Mexico and the representative of the United States; the Secretary of State, Hon. Elihu Root; the Assistant Secretary of State, Hon. Robert Bacon; the Third Assistant Secretary of State, Mr. Huntington Wilson; the secretary of the Mexican embassy, Señor Jose F. Godoy; the officials of the Bureau of American Republics, and the personnel of the Central American legations.

The conference was called to order by the Secretary of State, Hon. Elihu Root, who in an address to the delegates urged them to bring about lasting and durable peace between their several countries, and to make such sure provision for this for the future that a return of the unfortunate conditions that had existed between and among them would be impossible. The Secretary’s remarks created an excellent impression among the delegates and were many times thereafter recalled and quoted by them in the discussions that took place.

The Secretary of State was followed by his excellency, the Mexican ambassador, who in an eloquent address assured the delegates of the cordial and deep interest felt by the Mexican Government in the work before the conference.

The credentials of the delegates were then examined by a special committee, after which the conference proceeded to elect his excellency Señor Dr. Don Luis Anderson, of Costa Rica, president of the conference, and Señor Dr. Don Jose Madriz, of Nicaragua, and Señor Dr. Don Salvador Rodriguez, of San Salvador, secretaries of the conference.

The conference then unanimously elected honorary presidents of the conference their excellencies Hon. Elihu Root, Secretary of State of the United States, and Licenciado Don Ignacio Mariscal, minister for foreign affairs of Mexico.

The minutes of the inaugural session, together with a copy of the address delivered at the time by the Secretary of State, the Mexican ambassador, and by Mr. Anderson, will be found herewith as inclosure 4.

The first regular session of the conference was held on the following day—Friday, November 15—and with the exception of an adjournment taken on Thanksgiving Day as a mark of courtesy to the United States, informal or formal sessions were daily held thereafter.

The first session began with the reading of the first article of the diplomatic protocol signed at Washington, September 17, 1907, between the Republics represented in the conference; and

In view of the important bearing this article had on the results attained by the conference, I deem it well to insert here a translation of its text, as follows:

Upon receipt of the formal invitation, which, it is understood, will be simultaneously issued to each of the five Republics of Central America, by their Excellencies the Presidents of the United States of America and of the United Mexican States, a conference of the plenipotentiary representatives, which the Governments of the Republics referred to shall appoint for that purpose—that is to say, Costa Rica, Salvador, Guatemala, Honduras, and Nicaragua—will meet during the first fifteen days of November next, at the city of Washington, to discuss the steps to be taken and the measures to be adopted for the purpose of adjusting any differences which exist between the said Republics or between any of them, and for the purpose of concluding treaty which shall define their general relations.

It will be noted that two things were to be clone by the conference and in the following order:

(a) Discuss the steps to be taken and the measures to be adopted for the purpose of adjusting any differences which exist between the said Republics or between any of them; and

(b) The concluding of a treaty which shall define their general relations.

The reading of this article brought before the conference the important matter of what claims or questions, if any, were then pending between the Republics as an outgrowth of the armed disturbances that had existed during many months between several of them. A pause followed the reading of the article, each delegation apparently waiting for some indication as to the course events were likely to take. The pause was followed by a declaration made by the chairman of the delegation from Salvador that his country had no claim of any kind to present against either of the other four Republics. This declaration was at once followed, amid the applause of those present, by a similar one made by the chairman of the delegation from each of the remaining four Republics.

This action of the part of the Republics merits special notice, since it not only showed the excellent spirit which guided the delegates and pointed to wide possibilities for effective work open to the conference, but beyond this effectively closed the door against the presentation hereafter by either of the Republics of any claim growing out of their armed disturbances in 1907.

The first provision set out in the protocol having thus been disposed of, the conference adjourned until Monday, the 18th, in order that the different delegations might have time to prepare such projects of treaties and conventions as they might deem properly within the intent of the second provision of the protocol.

At the section session the president stated that the order of the day would be the presentation of projects covering the general relations of the five Republics, as provided by the last part of the first article of the September 17 protocol.

The Honduras delegation thereupon presented a project for a union of the five Republics. This at once gave rise to differences of opinion as to the scope of the conference, which at times seemed likely to affect its usefulness. Indeed, the divergent views brought out by the presentation of the Honduras project were not entirely dissipated until well on toward the closing session of the conference. Through the Honduras project the old and several times fruitlessly attempted plan to form a Central American union again became a live subject. It was strongly advocated by the Honduras delegation as being the true solution for the constantly recurring disputes that had held back the development of the Central American Republics. The Nicaragua delegation favored the Honduras plan. The delegation from Salvador inclined in that direction in principle, but the delegation from Guatemala opposed it. The Costa Rica delegation objected to the consideration of the matter, taking the ground that the project was entirely out of order under the terms of the protocol convening the conference.

As a result of the discussion that followed the introduction of the Honduras project as to whether or not the project was within the intent of the article of the protocol which referred to the “general relations of the Central American countries,” the Guatemalan delegation submitted a motion that the conference should proceed to draw up the bases for a general treaty of peace, taking the San Jose treaty of September 25, 1906, as a guide.

In order to find a road out of the difficulty thus before the conference, both projects were sent to a special committee for their study and report. This committee consisted of a representative from each of the five delegations.

The committee submitted two reports at the next session of the conference. One report strongly favored the Honduras project. This was signed by the members of the committee representing Honduras and Nicaragua. The other report as strongly opposed that project and favored the course proposed by Guatemala. This was signed by the members of the committee representing Salvador, Costa Rica, and Guatemala.

The importance that was attached to the subject and its relation to the political future of the five Republics leads me to insert here a translation of both the Honduras and Guatemala projects, together with the two committee reports referred to above. They are as follows:

Memorandum submitted by the delegation from Honduras.

According to the protocol signed in Washington, September 17 last, between the plenipotentiaries of the five Central American Republics and the declaration made on the 15th of this month:^a The object of this conference is reduced to the question of the manner through which a valid and lasting peace can be secured in these countries; their good relations conserved; and to the negotiation of a treaty that will set out their general relations.

The delegates from Honduras expressing not only their own sentiments but those of their Government as well, and interpreting those of the great majority of the people of Honduras, find themselves of the belief that to reach the end thus had in view by the conference the sure and definite means to employ would be the union in the Federal Republic of the five nationalities represented here.

Every Central American agrees that the union is the absolute destiny of these countries and that some day it will be realized; opinions differ only with regard to the opportune moment to bring this about. This opportunity we see in the present conference, which appears to us to be the most propitious that has occurred in the course of our national lives.

The circumstances which have surrounded and now surround the plenipotentiaries now assembled here may be again present, but can not be improved in the future.

The friendly intervention of the United States and Mexico gives to the conference a powerful moral force, which has made itself felt within and without these Republics, carrying the conviction that something of lasting benefit must result from its work. Nothing would be so transcendental and advantageous as the reestablishment of our old federation—this time upon firm and immovable bases.

On the other hand, the fact that no claims or differences exist between the Central American Republics, as has been officially declared by the delegations, facilitates and prepares the way to accomplish so noble an aspiration.

The president of Nicaragua on his part has given an evidence of self-abnegation by his offer to retire from his office if this was necessary to bring about the union. He has thus indicated the road that can be taken to overcome obstacles such as that, should they be met with in an effort to carry out such a plausible matter. We, on our part, declare that the president of Honduras has been and is disposed to proceed in an identical manner—that is to say, to put to one side his personality in deference to the general interests of all.

The other Central American Governments, animated, as we suppose, by the same generous sentiments, would possibly not find it inconvenient to choose the same course; and, in the event they did not, their resolution would only delay the consolidation of the Republics, since at the end of their presidential terms those in power would have to deliver back to the people the power they had received from them.

Passing now to a practical form in which our thought may be expressed, we propose the following bases:

• First. The respective congresses to ratify within three months the treaties signed at this conference, and to then convoke a constitutional convention which will frame the fundamental law of the Republic, and organize judicial powers for its execution without prejudice to the disposition relative to the election of the legislative and executive bodies in the future.
• Second. The constitutional convention to come together within three months from the date it is called, and to convoke a regular congress in the form fixed by the constitution.
• Third. The constitutional convention to provide among its acts that the debts of the respective countries shall be assumed by them.
• Fourth. Until the Federal Republic is organized a supreme court will be established, with guaranties for its independence and impartiality, with power to resolve the differences which may arise between the States and other matters that may be set out in the corresponding treaty.^a
• Fifth. The treaty will stipulate that a general amnesty shall be declared by each Republic to cover all those under arrest for political offenses or for those connected with such offenses.

In the preceding paragraphs we have indicated the criterion by which the Honduras delegation is guided in its wish to obtain a result satisfactory to the conference; we invite you to study these general bases which, if they merit your approval, we can develop in detail for submission to your enlightened consideration.

P. Bonilla.

E. C. Fiallos.

Angel Ugarte.

Washington, November 18, 1907.

Memorandum submitted by the delegation from Guatemala.

To the Honorable Central American Conference of Peace:

The delegation from Guatemala, in compliance with its promise made during the preceding session, has the honor to propose that for the purpose of the general treaty of peace, friendship, and commerce, the treaty signed at San Jose de Costa Rica on the 25th of September of last year between the plenipotentiaries of four of the Central American Republics shall serve as a basis, making such necessary alterations as may be required at this time and adding such stipulations as may be thought convenient concerning railways, customhouses, fiscal systems, moneys, or any other subjects that may be helpful toward strengthening good relations between the Republics. The Hague project concerning an arbitral court—its most perfect work—should be kept in view.

Will the honorable conference be good enough to accept the respectful homage of this delegation.

Antonio Batres Juaregul.

Luis Toledo Herrarte.

Victor Sanches, O.

Washington, November 18, 1907.

Report made by the members of the committee favoring the Honduras project.

To the Honorable Conference:

We are members of the committee charged with the study of and to report on the projects presented by the delegations of Honduras and Guatemala. The first proposes the union of the five Republics represented in the conference in one nation, organized as a federation as the best means to insure the peace of Central America on a stable base of justice and liberty. The second proposes the celebration of a treaty of friendship and peace modeled after the treaty of San Jose of September 25, 1906, with such modifications as may be thought necessary to insure good relations between the Central American States in the future. Having substantially differed from our honorable colleagues on the committee on an essential point, we have thought it convenient to formulate our views in a separate report, as follows:

When the committee met at 2 in the afternoon on the 18th instant, Señor Madriz indicated his belief that notwithstanding the difference and seeming opposition between the two projects, he found in the two a conciliatory form which he would propose to the committee. Given the transcendental character of the Honduras project, he thought it should not be put to one side, as the opinion of the majority appears to be, but on the contrary, he thought it should be accepted and put in treaty form, in order that it might be remitted for the vote of the different legislative assemblies. He added that a direct appeal in this manner to the wishes of the people, in order that they might decide the question, would not only be a proper homage to them but would also free the delegates personally and the conference from the grave responsibility they would assume if, by an error of appreciation as to the actual political conditions in Central America, they should put to one side an idea that met the sentiments of the majority of the people of Central America. Further, that this idea would not exclude the conclusion of a treaty of friendship and peace which would take the place of the fact of union in the event the latter was not approved by the majority of the States.

After a short debate, the session of the committee was suspended until the delegation from Salvador could receive special cable instructions that had been asked for by them.

Day before yesterday the undersigned were notified that the committee would continue its work, the next sitting to be yesterday at 9.20. Señor Gallegos, of San Salvador, who was found alone in his apartment, said to us: “That both he and Señores Batres Juaregui and Calvo regretted they were not in accord with the Honduras project, believing, as they did, that the actual circumstances made it inopportune at this time to advance with any thought of success the idea of a Central American union, and that in consequence they would be impelled to formulate a report substantially indorsing the Guatemala motion and against the Honduras report.” Señor Gallegos proposed nevertheless to include our views in the same report, but we chose to make a separate report.

Referring now to the cardinal points in the case, we think:

• First. That union will alone insure stable and efficient peace and order in Central America.
• Second. That an existing and constant sentiment of unity and a consciousness of a common destiny are essential characteristics of our political life.
• Third. That obstacles to union do not originate with the people nor are they insurmountable.
• Fourth. That the conference should conclude a convention covering the project submitted by the Honduras delegation and leave the solution of the matter to the legislative assemblies of the Republics.
• Fifth. That inasmuch as a convention providing for union might not be ratified by a sufficient number of the States, it would be advisable for the conference to conclude at the same time a treaty of friendship, peace, arbitration, etc., with the necessary provision for its development and application, as proposed by the Guatemala delegation, and that the question of what steps could be taken to guarantee the carrying out of this treaty should be discussed, so that the fate that had befallen many other Central American treaties might not overtake this one.
• Sixth and lastly. That a committee be named charged with the work of submitting to the consideration of the conference within the shortest possible time projects for these suggested treaties.

P. Bonilla.

José Madriz.

Washington, November 22, 1907.

Report of the members of the committee against the Honduras project.

To the Honorable Peace Conference:

The undersigned members of the committee named to report on the projects submitted by the Hondurean delegate—Dr. Don Policarpo Bonilla—and by the Guatemala delegation, having in open session of the committee fully discussed them without unfortunately having been able to agree with their colleagues upon a common report, have the honor to submit separately their opinion, manifesting, in so far as the project submitted by Doctor Bonilla is concerned, that while they consider the political union of Central America as the greatest and noblest aspiration of patriotism, they equally think that the circumstances and conditions in which the Central American people find themselves at the moment are not propitious to decree national reconstruction, which, in order that it may be durable and solid, requires that their economic, moral, political, and material elements shall have been harmonized.

They do not think therefore that it is opportune to discuss in the present conference a project for the immediate establishment of a union, but solely those measures which will tend toward preparing in a stable manner for this union, strengthening their means of communication, establishing a coasting ship commerce, linking together the economic and social interests of the people of the Republics, unifying their customs and tax laws, and encouraging the frequent meeting of Central American conferences. The most prosperous development of the people of the Republics, and a definite union, both have their root in the uniform extension of their separate economic elements, which, creating great material interests, will certainly form an indissoluble link between the Republics. When the iron rail destroys distances that now practically separate the rich lands of the Republics, and develops their wealth through the exchange of their products, their people will, through this evolution, reach their aspirations and bridge their necessities.

To them we must confide the realization of the ideal of uniting the five sections of the old patria, without that precipitancy which might compromise its success. It is not wise to think of passing rapidly to a sincere and pacific union. The steps taken here toward making peace certain in Central America, toward guaranteeing security for capital and labor, toward improving their elements of production, their social interests, and their initiative in self-government, will contribute in no small part toward this end. The pedagogical institute to be created in Costa Rica will also contribute to this end as an element of fraternity and a propaganda of the principles of justice, of order, and of union, while the creation of the Central American Bureau, agreed upon at San Jose, will be of transcendental importance.

In the matter of adopting the treaty of San Jose as a basis for discussion, as proposed by the Guatemalan delegation, the undersigned think the plan should be adopted. They equally think that first of all a committee should be designated to formulate a project for an obligatory arbitration treaty upon bases that will establish a permanent court of international justice for Central America.

Salvador Gallegos.

Antonio Batres Juaregui.

J. B. Calvo.

Considerable tension was manifested in the conference as these two reports were read, and a growing purpose on the part of some of the delegations to insist that no discussion of the subject-matter of the report should take place. The view held by these delegates was that quite aside from the question of the merit or demerit of the subject, the matter of a political union of the Republics was a question entirely foreign to the purpose for which the conference was called and one outside the powers of delegates to consider. Costa Rica strongly held this view. Noting in all this the appearance of an element of discord, the suggestion was made by the undersigned, supported by the Mexican representative, that the consideration of both reports be postponed, and that the conference proceed to prepare projects for several important conventions—outside the scope of either report—notably one covering an international court. This course was adopted. As the conference proceeded and evidences of its effectiveness began to appear in the drafts of treaties and conventions which embraced the general good of all, the question of union became less acute, and was disposed of to the satisfaction of all during one of the closing sessions by the inclusion in the minutes of the conference of a written statement of their views presented by Doctor Bonilla, Doctor Madriz, and Señor Fiallos. (See the minutes of the fifteenth session of the conference and inclosure 18 herewith.)

treaties and conventions.

At the fifth session of the conference, November 27, the preparation of the several treaties and conventions afterwards concluded between the Republics was begun. Their consideration thereafter occupied the entire attention of the delegates until the close of the conference on December 20, either in the formal sessions of the conference or in the many informal meetings of delegates which were held in order that the different points brought up in the tentative drafts for the treaty of peace and the convention creating the new court could be discussed and the committee having each in charge be enabled to keep its work in line with the wishes of the different delegations.

The different treaties and conventions concluded between the five Republics consist of the following:

(1) A general treaty of peace and amity (see inclosure 5).

(2) A convention additional to the general treaty of peace and amity (see inclosure 6).

(3) A convention for the establishment of a Central American court of justice (see inclosure 7).

(4) A protocol additional to the convention for the establishment of a Central American court of justice (see inclosure 8).

(5) An extradition convention (see inclosure 9).

(6) A convention for the establishment of an International Central American Bureau (see inclosure 10).

(7) A convention for the establishment of a Central American pedagogical institute (see inclosure 11).

(8) A convention concerning future Central American Conferences (see inclosure 12).

(9) A convention concerning railway communications (see inclosure 13).

Of these the general treaty of peace and amity, and the convention creating the Central American international court of justice, represent the chief work of the conference, while the second of these represents an entirely new and important advance in international obligations, and is the realization, in the form of a convention, of the efforts that have been made in the past to find a judicial method by which the peaceful and right settlement of international disputes could be assured. The two undertakings are to a great measure interdependent, and were so intended. Indeed, this fact in many ways constitutes their strength.

Both the treaty of peace and the convention creating the court run for a similar term of ten years. When the new court begins its functions it seems difficult to see how compliance with the terms of both undertakings can be avoided. This appears especially true when the unusual obligation in Article XXVII of the convention creating the court is considered. This states “That on no ground nor in any case will they (the signatory Republics) consider the (present) convention as void.” It is certain that the intent and purpose of the signatory Republics was to insist that in every possible event the court shall remain as a piece of international machinery that can be relied on to adjust disputes.

The following are briefly the chief features of the different treaties and conventions:

the treaty of peace and amity.

(a) Its absolutely obligatory character for a period of ten years. (Articles I and XIX.)

(b) The declaration (Article II) that any disposition or measure tending to alter the constitutional organization of either of the Republics shall be deemed a menace to the peace of all.

(c) The excellent and in many ways the treaty’s most important clause (Article III), making the territory of Honduras neutral in conflicts that arise between the other four Republics, so long as Honduras remains neutral. It will be seen by a reference to the map of Central America that the position occupied by Honduras is such that if this neutrality of Honduranean territory is carried out, war between the signatory Republics is practically made impossible.

(d) Article VI, by the terms of which all Central Americans are mutually recognized as citizens, a principle embodied in several of their constitutions.

(e) The recognition of the right of asylum on ships and the prohibition against taking anyone from such asylum except by due legal process and on an order from a competent judge.

(f) The provisions of Articles XVI and XVII, by which political refugees and disturbers are not to be allowed to reside near the frontier of either of the five Republics.

(g) The unusual obligations assumed in Articles I and II of the convention additional to the treaty, by which each Republic binds itself not to recognize in another a Government resulting from a coup d’etat nor to intervene in favor of or against the existing government of another Republic in cases of disorder therein.

(h) The stipulation in Article III of the convention additional to the treaty, by which they agreed to use their efforts to secure constitutional reforms that will prohibit the election of a president for a second term.

following are the chief features of the convention creating a central american court of justice.

(a) Three forms of jurisdiction: The first (Article I) embraces the obligatory submission to the court of all questions arising between them which can not be adjusted by the respective foreign offices of the contracting Republics. The second (Article II), the power to determine cases involving alleged violations of treaties or conventions where denial of justice is alleged by a citizen of one Republic against the Government of another. The third, the power to determine any question mutually submitted by two of the signatory Governments, or by one of them and one of its citizens or a citizen of another. The court (Article XXII) determines its competency and in considering a case (Article XXI) is to decide questions of fact by its own criterion and questions of law by the principles of international law.

(b) The court is to consist of five judges, to hold office for five years. The congress of each signatory Republic is to designate one judge and two alternates, who shall take their oath of office before the congress. With the exception of the judge appointed by the country in which the court is to be held, the judges receive an equal salary of $8,000 per annum, to be paid by the treasurer of the court out of a common fund, toward which each Republic is to contribute $10,000 yearly (Articles VI, VII, VIII). The court is to be located in Cartago, Costa Rica.

(c) The judges are prohibited from holding other office or engaging in other work. They must elect a president and vice-president from among their number at their first sitting. A judge is not barred from sitting in a case in which the government that appointed him is a party.

(d) A defendant country must submit its answer to the demanding country within sixty days. The court may, however, grant an extension of twenty days (Articles XIV, XV, XVI), and can grant reasonable delays in order that all facts and evidence may be submitted.

(e) The court must hand down its decision within thirty days from the date upon which the case has been finally submitted by both parties.

(f) The decision is final. It must be in writing and must be a majority decision. A dissenting opinion must be in writing and both must be signed by all the judges (Articles XV, XXIII, XXIV). Provision is made by calling in the alternate judges for cases in which the judges fail to agree.

(g) Interested parties may be represented before the court by counsel (Article XVII).

(h) The court may appoint special commissioners to carry out its orders or may apply directly to the executive of a Government or to a tribunal of justice, but in every case the court’s orders must reach their destination through the ministry for foreign affairs of the country.

(i) The signatory Republics bind themselves to faithfully carry out the court’s orders (Article XX).

(j) The most effective authority given the court is the provision made in Article XVIII. By the terms of this article the court can fix the statu quo in which both parties to a controversy submitted for its decision shall remain pending the consideration and decision of the case. This is intended to prevent the purchase of arms or military supplies or the moving or massing of troops by either of two contending States.

(k) The decisions of the court are to be communicated to each of the signatory Republics, which severally bind themselves to aid in every peaceful way to have the decisions of the court faithfully complied with in every respect (Article XXV).

(l) The stipulation in Article XXVII which provides that—“on no ground nor in any case will they (the signatory Republics) consider the present convention as void; and that therefore they will consider it as being always in force during the term of ten years.” Provision is made for the possible union of two or more of the Republics; in that event it is agreed that the court shall be suspended ipso facto and a conference at once called to adjust the court to the new order.

(m) Finding it impossible to fully agree upon a more extended scope of the court’s jurisdiction than outlined under (a), above, an article was annexed by which a country approving this article would for itself agree to submit to the court internal disputes arising between its executive, legislative, and judicial branches.

This court, which marks such an advance in methods for the peaceful adjustment of international disputes, is an outgrowth of the efforts made by Secretary of State Root in his instructions to the delegates of the United States to the Second Peace Conference at The Hague toward endeavoring to secure a “world’s international court of justice.”

the extradition convention.

This differs but little from the extradition convention now in force between Mexico and the United States. Its terms, as regards the definition of crimes and the time within which extradition can take place, were carefully drawn, in order that they might conform to the existing penal legislation of the several Republics. While citizens need not be delivered, provision is made that if not delivered they shall be tried by the courts of their own country for the crime with which they are charged. Especial care was taken in drafting the convention to prevent the possibility of its use in political offenses.

convention for the establishment of a central american bureau.

This convention is based on one of the conventions signed at San Jose de Costa Rica September 25, 1906, between Costa Rica, Salvador, Guatemala, and Honduras.

The purpose of the bureau is to encourage and develop the final union of the Central American Republics through general education, uniformity of civil laws, customs laws, monetary standards, and commerce.

The bureau is to be located in the city of Guatemala. It is to publish a regular bulletin and to be equipped with a clerical force sufficient to enable it to carry out the above purpose. Its expenses are to be paid by the five Republics in equal parts.

the convention creating a central american pedagogical institute.

This is also based on one of the San Jose de Costa Rica conventions of September, 1906.

It creates a Central American normal school at San Jose, Costa Rica, the purpose being to bring about a common system of schools and education in Central America by the development and fitting of Central American teachers, both male and female, in this central school who will take charge of the schools of each of the five Republics.

The administration and control of the school is vested in the Costa Rican Government, the other governments having the right to designate a member of the executive committee which is to manage the school. Each of the Republics can maintain 100 students, 50 of each sex, in the school, and must maintain at least 20 of each sex.

The cost of the buildings and equipment and of the staff of teachers is to be paid in equal parts by the signatory Republics.

The duration of this convention is fixed at fifteen years.

The delegates to the conference looked upon this school as a work of the utmost importance, believing that the greatest good would come to Central America through the education in this manner of teachers who would hereafter direct the schools throughout the different Republics.

the convention concerning future conferences.

This convention, like the two preceding ones to which reference has been made, has for its object the preparation of the people of Central America for ultimate political union in some form.

It provides for the designation by each of the signatory countries of one or more commissioners to study the relations borne by the monetary systems of their respective countries to their foreign and internal commerce, and to carefully consider their customs, laws, and regulations, weights and measures, and other economic questions affecting the relations of the Republics toward each other, the object being to have these commissioners endeavor to agree upon uniform measures in each regard, so that these can be considered at a conference of plenipotentiaries to convene in Tegucigalpa on January 1, 1909, and thereafter yearly for five years, to consider all economic matters affecting the relations of the Republics toward each other and toward foreign countries.

the convention on communications.

This convention deals with the project for a Pan-American Railway. It stipulates that the signatory Governments shall designate commissions to study and report suitable measures that can be adopted in each country, so that the work of connecting the several Republics by railway may be carried out. These measures are to embrace recommendations as to subsidies of land, special privileges, and guaranties that might be given by each Republic to secure the building of railways that will unite Central America from south to north with Mexico and the United States. The interesting and valuable report of the committee which drew up the draft of this convention will be found herewith as Inclosure 13–a.

the closing days of the conference.

At the last session, held on December 16, the following motion, presented by the Nicaraguan delegation, was unanimously approved:

That the conference solicit an audience with His Excellency the President of the United States, in order that the conference in a body might thank him for the great services he had rendered in the interest of order in Central America and for the generous hospitality that had been extended the delegates.

That with the same object the delegates should call on the Secretary of State, Hon. Elihu Root.

That a special committee be named to visit the City of Mexico and in a similar manner express the thanks of the conference to His Excellency the President, Gen. Don Porfirio Diaz, and to his minister for foreign affairs, Señor Don Ignacio Mariscal.

Further, that there be included in the minutes of the closing session of the conference a vote of thanks on the part of the conference to his excellency the Mexican ambassador, Señor Don Enrique C. Creel, representing Mexico in the conference, and to Mr. William I. Buchanan, representing the United States of America in the conference, for their efficient cooperation in the work of the conference.

In response to the above, the President informed the conference that he would be glad to receive the delegates on such day as might best suit their convenience. At the close of the final business session of the conference, which took place on the morning of December 20, the delegates in a body called on the President and on the Secretary of State to inform them that the work of the conference had been happily concluded and to express to each, in accordance with the resolution of the conference, the deep sense of obligation felt by the delegates for the aid and encouragement they had received through the interest and good will that had been shown by the President in their work and for the constant and more than helpful efforts that had been daily extended them by the Secretary of State.

The President in response to the words of the president of the conference assured the delegates of the satisfaction with which the Government of the United States had followed the excellent work done by the conference in the interest of the peace and development of Central America, and of his deep and cordial interest in the future of their several Republics and his confident belief that the results of the conference would be for the lasting and permanent good of each of the Republics.

In addressing the Secretary of State when received by him at the department, the delegates were most cordial in their references to his efforts to bring about a successful termination of the work of the conference, and especially so in their allusions to the kindly and constant help that had been given by the Assistant Secretary, Hon. Robert Bacon, in the lengthy negotiations that preceded the conference.

At the last session the conference designated Dr. Don Policarpo Bonilla, of Honduras, and Dr. Jose Madriz, of Nicaragua, as the special committee of the conference to visit Mexico to express to President Porfirio Diaz and to the Mexican minister for foreign affairs the thanks and acknowledgments of the delegates for the assistance extended by the Mexican Government.

In this connection I desire to make especial mention of the excellent services rendered by his excellency the Mexican ambassador, Señor Don Enrique Creel, the representative of his Government in the conference. His sincere interest in the work, his tact and prudence, coupled with his genial personality, made him a dominant factor in bringing about much of the excellent work clone by the conference.

recommendation of amnesty.

At its session on December 2 the conference unanimously adopted a motion presented by Doctor Ugarte of the Honduras delegation, at the close of an eloquent address (a translation of which will be found herewith as inclosure 14), that the conference simultaneously address each of the Central American Republics, urging them in keeping with the Central American spirit of concord represented by the conference then in session, to grant full amnesty for all political offenses and for common offenses connected with those of a political character.

This resolution was transmitted by the president of the conference by cable on December 20 to each of the Central American presidents in the following form:

The Central American Peace Conference on happily closing its work to-day, has unanimously agreed to recommend to the Governments of Central America that they concede full amnesty for all political offenses and for offenses connected with these.

In communicating to your excellency this generous appeal, we confide in your high sentiments in our hope that you will be good enough to thus crown our work with a measure that will be a token of reconciliation and fraternity and a worthy beginning of an era of concord for our Central American family.

To this cablegram the following cable replies were received:

from the president of nicaragua.

Pleased to hear of happy termination of Central American Peace Conference. In accordance with high sentiments that animate the honorable delegates, my Government has already granted amnesty for political offenses. I congratulate the honorable delegates.

J. S. Zelaya.

from the president of salvador.

Impressed with the pleasing appeal of the conference. I have the honor to advise you that with respect to Salvador, the Government has decreed amnesty since the latter part of November.

President Figueroa.

from the president of costa rica.

I applaud the generous appeal of the conference. In Costa Rica amnesty is unnecessary, because no one is at present suffering on account of political offenses or others connected therewith, or otherwise it would be pleasing to me to comply with the request of the conference.

Gonzalez Viquez.

from the president of honduras.

General amnesty decreed, according to conference’s desire.

Davila.

the formal closing session.

The formal closing of the conference took place at 3 p.m., on December 20, all of the delegates being present, together with the representatives in the conference of the Mexican and the United States Governments and the secretaries of the different delegations.

The Secretary of State presided, as he had done at the opening session. The Assistant Secretary of State, Mr. Bacon; the Third Assistant Secretary of State, Mr. Wilson; the first and second secretaries of the Mexican embassy, Señores Godoy and Alvarez; the Director and Secretary of the Bureau of the American Republics, Mr. Barrett and Señor Yanes; and Mr. Wm. E. Curtis, a former director of the Bureau of the American Republics, were among those who witnessed the closing of the conference.

The address made by the president of the conference, Dr. Don Luis Anderson, the remarks made by the Mexican ambassador, and the address made by Secretary Root on declaring the conference closed will be found herewith as inclosures 15, 16, and 17, respectively.

conclusion.

The delegates at the close of their work expressed themselves as most appreciative of the conveniences afforded them by the Department of State and the Bureau of the American Republics for the meetings of the conference and were especially complimentary of the services rendered the conference in the work of translation and in connection with the clerical force furnished delegates by Mr. W. T. S. Doyle, representing the Department of State.

In concluding this report I desire to express my deep thanks for the honor conferred by my designation as the representative of the United States in the conference.

William I. Buchanan.

Buffalo, N. Y. , March 20, 1908 .

Hon. Elihu Root, Secretary of State,
Washington, D. C.

[Inclosure 1.]

Minutes of the preliminary Central American Peace Conference, September, 1907.

[Translation.]

preliminary conference.

First session.

At half past 4 in the afternoon of the 11th of September, 1907, the diplomatic representatives of the five Republics of Central America met in the city of Washington, that is to say: Don Joaquin B. Calvo for Costa Rica, Don Federico Mejía for Salvador, Dr. Luis Toledo Herrarte for Guatemala, Dr. Angél Ugarte for Honduras, and Dr. Luis Felipe Corea for Nicaragua, there being also present Mr. Alvey A. Adee, Acting Secretary of State of the United States of America, and Mr. Jose F. Godoy, chargé d’affaires of the United Mexican States. The session opened and was conducted as follows:

First. Secretary Adee, in a brief and able address, stated the object of the invitation extended to the representatives of Central America to enable them, under the hospitality of the Department of State, to discuss the question of the peace of those Republics, expressing the good will and the desire of the American Government of aiding as far as possible in the accomplishment of so beneficial a purpose.

Second. Minister Godoy, in the name of his Government, adhered entirely to the sentiments expressed by Mr. Adee.

Third. The nomination of officers was then considered, and Ministers Calvo and Ugarte were elected president and secretary, respectively.

Fourth. The president, Mr. Calvo, made a short exposition of the object of the preliminary conference, which is to discuss a protocol to fix the place, date, and general bases for a conference of Central American plenipotentiaries, who should consider the means for preserving peace and good relations between those Republics.

Fifth. Mr. Corea stated that he had not been empowered by his Government to discuss the points referred to, but that nevertheless he would remain at the meeting in his personal character and would ask instructions with a view to taking part officially in the future.

Sixth. Mr. Toledo Herrarte said that he had precise instructions in regard to the fixing of the date and place of the conference, but not for discussing or voting upon a protocol for that purpose. He added also that he would remain at the session and would ask the instructions which he lacked.

Seventh. Mr. Ugarte stated that he had full powers from his Government, and expressed the belief that the idea of the conference was accepted in whole by the Central American governments, since it was spoken of in the telegrams from the Presidents of the United States and Mexico, which were accepted unconditionally by those Republics, and that in discharging his mission he would meet the hopes and desires of his Government clearly defined in favor of peace. Messrs. Calvo and Mejia stated that they had full powers and instructions.

Eighth. The place for the conference was then voted upon, and, by the vote of Ministers Calvo, Mejia, Toledo Herrarte, and Ugarte, the city of Washington was selected.

Ninth. The date for the meeting of the conference being under discussion, it was settled by the same votes that it should open from the 1st to the 15th of November of the present year.

Tenth. After the general reading of the proposed protocol, which is inserted below, it was discussed in detail, and was approved by the ministers of Costa Rica, Salvador, and Honduras, in their official character, and in their personal character by the ministers of Guatemala and Nicaragua, pending the receipt of their respective instructions. The text of the protocol is as follows:

“We, the representatives of the five Republics of Central America, having met in the city of Washington on the initiative of Their Excellencies the Presidents of the United States of America and of the United Mexican States, to settle upon the means of preserving the good relations between the said Republics and of obtaining an enduring peace in those countries; and with the purpose of fixing upon the bases for bringing to a realization these ends, being duly-authorized by our respective Governments, have agreed to the following:

• “Article I. Upon receipt of the formal invitation which, as is understood, will be issued simultaneously to each one of the five Republics of Central America, by Their Excellencies the Presidents of the United States of America and of the United Mexican States, a conference of the plenipotentiary representatives, which the Governments of the Republics referred to shall appoint for that purpose—that is to say, Costa Rica, Salvador, Guatemala, Honduras, and Nicaragua—will meet in the first fifteen days of November next, in the city of Washington, to discuss the steps to be taken and the measures to be adopted for the purpose of adjusting any differences which exist between the said Republics or between any of them, and for the purpose of concluding a treaty which shall define their general relations.
• “Article II. Their Excellencies the Presidents of the Republics of Central America will invite Their Excellencies the Presidents of the United States of American and of the United Mexican States to appoint, if agreeable to them, their respective representatives who, in a purely friendly character, shall lend their good and impartial offices toward the realization of the purposes of the conference.
• “Article III. While the conference is in session and discharging the high mission intrusted to it, the five Central American Republics—that is to say, Costa Rica, Salvador, Guatemala, Honduras, and Nicaragua—agree to maintain among themselves peace and good relations, and they assume, respectively, the obligation not to commit, nor to permit to be committed, any act that can disturb the mutual tranquillity. To such end, all display of arms on the respective frontiers shall cease and the maritime forces shall be withdrawn to their jurisdictional waters.
• “Article IV. If, unfortunately, any unforeseen question should arise between any of the said Republics while the conference is in session, and if it can not be settled by amicable diplomatic course, it is mutualty agreed that the interested parties shall submit the difference to the friendly advice of His Excellency the President of the United States of America, or of the United Mexican States, or of both Presidents conjointly, according to the case, and in conformity with the agreement to this effect which may be reached.”

Eleventh. The session adjourned at 6 o’clock in the afternoon.

Signed at Washington on the 11th of September, 1907.

• J. B. Calvo, President.
• Angel Ugarté, Secretary.
• F. Mejía.
• Luis Toledo Herrarte.
• Luis F. Corea.

Second session.

The second session was opened in the city of Washington at 4 o’clock in the afternoon of the 16th of September, 1907, there being present, as in the previous session, the diplomatic representatives of the five Republics of Central America—Messrs. Calvo, Mejía, Toledo Herrarte, Ugarte, and Corea—and Mr. Adee, Acting Secretary of State of the United States, and Mr. Godoy, chargé d’affaires of the United Mexican States.

• First. The minutes of the previous session were read and approved.
• Second. The representatives of Guatemala and Nicaragua stated they had received from their Governments the necessary powers to sign the protocol inserted in the foregoing minutes, and, after the reading of this document, solemn signature was given to the seven copies which had been made for the representatives of Central America and Secretary Adee and Mr. Godoy, who, in the name of their respective Governments, attended the preliminary conference.
• Third. It was agreed by acclamation to give to Their Excellencies the Presidents of the United States of America and of the United Mexican States the most sincere thanks for their laudable and disinterested efforts on behalf of the peace of Central America, giving due recognition to His Excellency President Roosevelt for the good will he has shown in consenting that the peace conference be held in Washington; and to His Excellency President Diaz for the generous offer of the same nature, and, as regards Mexico, which he has been pleased to make.
• Fourth. It was agreed to preserve in a special book the minutes of the sessions of the preliminary conference which, signed by all the representatives of Central America, should be presented to the delegates who, by designation of their respective Governments, shall constitute the forthcoming Central American Peace Conference.
• Fifth. The work of the preliminary conference being terminated, the session adjourned at 6 o’clock in the afternoon.

Signed at Washington the 17th of September, 1907.

• J. B. Calvo,
  President.
• Angél Ugarte,
  Secretary.
• F. Mejía.
• Luis Toledo Herrarte.
• Luis F. Corea.

[Inclosure 2.]

Central American peace conference.

rules of procedure.

• Article I. The conference shall have for a basis in its deliberations and resolutions Article I of the protocol of September 17, 1907, signed in Washington by the ministers plenipotentiary of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador.
• Article II. The Secretary of State of the United States of America, or the person he shall designate, shall open the first session of the conference.
• The representatives of Their Excellencies the President of the United States of America and of the United Mexican States, appointed in accordance with Article II of the protocol, shall occupy places of honor in the conference.
• Article III. There shall be a president and two secretaries of the conference, elected by a vote of absolute majority of the delegations.
• The numerical order of the delegations shall be determined by lot for the purpose of establishing the precedence of their seating and the turn in which each shall fill the vacancy which may be in the presidency.
• The delegation which has the right of filling the presidency at any session shall designate the delegate who shall discharge the duties of vice-president.
• Article IV. The functions of the president are:

  1. To direct the sessions of the conference and to bring up for discussion, in their turn, the matters included in the order of the day.

  2. To see that each matter submitted to the conference is referred to a committee, unless it be agreed by a vote of majority to take it into immediate consideration.

  3. To give the floor to delegates in the order in which they ask it.

  4. To decide questions of order which arise in the discussions; provided, however, that if any delegation shall request it, the decision given shall be put to vote by the conference.

  5. To call for a vote and to announce to the conference the result of the vote.

  6. To acquaint the conference, through the secretaries, and at the conclusion of each session, with the subjects which are to come up in the next session; but the conference may make such changes as may seem proper, whether in respect to the hour of meetnig or the order in which the pending questions are to be discussed.

  7. To direct the secretary when the minutes have been approved, to give an account to the conference of the matters which have arisen since the previous session.

  8. To take any necessary measures to maintain order and to have the rules strictly carried out.

• Article V. The functions of the secretaries are:

  1. To organize the office with the necessary employees.

  2. To receive, distribute, and answer the official correspondence in accordance with the directions of the conference.

  3. To keep, or cause to be kept, reports of the sessions, and to superintend their printing and distribution to the delegations.

  4. To distribute to the committees the subjects upon which they are to make recommendations, and to put at the disposal of said committees everything necessary for the discharge of their work.

  5. To draw up the order of the day, in accordance with the instructions of the president.

• Article VI. The conference shall meet on the days and at the hours named by the president.
• Article VII. For a quorum, it is necessary that all of the delegations shall be represented at the session by some of its members.
• Article VIII. When the session is called to order, the minutes of the previous session shall be read by the secretary, unless the reading is dispensed with. Note shall be made of the remarks which any delegate may make regarding the minutes, and the conference shall then proceed to approve them.
• Article IX. The order of the day being brought up by the president, the conference shall discuss it first generally, and those matters which are approved shall be then discussed in detail, the discussion including each of the articles of which the project is composed.
• Article X. By a vote of four of the delegations, the conference may dispense with the usual procedure and take into immediate consideration any matter, discussing it generally or in detail.
• Article XI. The amendments proposed to the proposals in debate shall be referred to a committee, when the conference so agrees, and shall be voted upon before the article or proposal whose text it is proposed to alter.
• Article XII. The delegation of each Republic shall have one vote. The vote shall be taken by affirmative or negative sign, unless any delegate shall ask that it be by roll call or by ballot.
• In the last case, each delegation shall deposit in a ballot box a paper containing the name of the State it represents and the vote it gives. The secretary shall read the ballots aloud and so count the votes.
• Article XIII. The conference shall not vote upon any motion or proposition except when all of the delegations are represented at a session.
• Article XIV. The resolutions of the conference shall be adopted unanimously, except in the instances provided for in these rules; provided, however, that those resolutions upon which three or more delegations are in accord shall be considered as obligatory upon them, and as a recommendation for the others.
• Article XV. No delegation shall speak more than three times upon the same subject, nor more than twenty minutes each time. Any delegate, however, has the right to the floor for as much as five minutes, for a question of order, to reply to personal allusions, or to explain his vote, and the author of a project may speak once again, but not to exceed twenty minutes.
• Article XVI. Any delegate may submit to the conference his opinion upon the matter or point under discussion, and request that it be included in the minutes of the session at which it is presented.
• Article XVII. The deliberations of the conference shall be secret, and therefore access to the conference hall shall only be had by the secretaries of the delegation, the Director of the International Bureau of the American Republics, and the employees of the conference.
• Article XVIII. The secretary, at the close of each session, shall draft a statement for the press, which shall contain a brief account of what has taken place in the session and the text of the resolutions adopted or definitely rejected. The delegates who desire to do so may furnish the secretaries with a brief resume of their discourses, and in such case a statement furnished to the press shall refer to the résumé, and it shall be added thereto.
• The secretary shall keep a book to preserve copies of the statements or extracts given to the press.
• Article XIX. The recommendation of the committees, and the projects and antecedents to which they refer shall be printed in Spanish and English.
• Article XX. The minutes approved by the conference shall be signed by the president and secretaries, and shall be printed in Spanish and English, double column pages, and in sufficient number for the use of the delegations. The original minutes and other documents of the conference shall be deposited in the archives of the International Bureau of American Republics.
• Article XXI. At the next to the last session the written or printed copy of the minutes, in Spanish and English, shall be discussed and approved, and the paper shall include the resolutions and recommendations discussed in the conference and approved during the sessions. The original copy of the minutes shall be signed by all the delegations.
• Article XXII. These rules of procedure may be amended by four votes.

[Inclosure 3.]

Minutes of the Central American Peace Conference (preliminary sessions), November, 1907.

[Washington, November 12, 1907, 3:45 p.m.]

[Translation.]

Preparatory Meetings.

First preparatory session.

By virtue of the provisions of the protocol signed on the 17th of September, 1907, in the city of Washington, there gathered in the office of the International Bureau of American Republics, at 3.45 p.m. of the 12th of November, 1907, the delegates of Costa Rica, Dr. Luis Anderson and Don Joaquín B. Calvo; of Guatemala, Dr. Antonio Batres Jáuregui, Don Victor Sánchez Ocaña, and Dr. Luis Toledo Herrarte; of Honduras, Doctor Policarpo Bonilla, Don E. Constantino Fiallos, and Doctor Angél Ugarte; of Nicaragua, Dr. Luis Felipe Corea; and of Salvador, Dr. Salvador Gallegos, Dr. Salvador Rodriguez G., and Don Federico Mejía, proceeding in the following manner:

• First. Mr. Mejía proposed that Messrs. Calvo and Ugarte, who were chosen president and secretary at the preliminary conference, should continue provisionally to exercise those offices.
• Second. The programme of work was discussed, and Doctor Gallegos submitted a draft of rules as a basis for discussion.
• Third. It was agreed that a committee composed of the delegates Anderson, Batres, Bonilla, Corea, and Gallegos, should draw up, in the form of articles, the draft of rules above referred to.
• Fourth. Mr. Corea suggested that a programme covering the work of the conference should be made up, and it was decided that this matter should be included in the redaction of the rules.
• Fifth. The session took recess for an hour.
• Sixth. The session being called to order, the project presented by the committee was read and it was agreed to discuss it at the next session.
• Seventh. The session adjourned at 7 p.m.

• J. B. Calvo,
  President.
• Angél Ugarte,
  Secretary.

Second preparatory session.

Convened at 3 p.m. of the 13th of November, 1907, in the reception room of the International Bureau of American Republics, the same delegates who were at the previous session, and also Doctor Madriz, delegate for Nicaragua, began business as follows:

• First. The minutes of the previous session were read and approved.
• Second. Then took place the reading and discussion of the draft of rules submitted by the committee, articles 1 and 2 being approved.
• Third. In the discussion of article 3 Delegate Toledo Herrarte moved that it be modified so as to provide that the five delegations should alternate in the presidency. Delegates Ugarte and Anderson objected to the motion, and it was rejected by four votes. With regard to the same article, motion was made by Delegate Corea that two secretaries be elected instead of one, and this was approved.
• Fourth. Article 4 was approved, and article 5 was suppressed as unnecessary, upon motion of Delegate Ugarte.
• Fifth. Articles 6, 7, 8, and 9 were approved with slight verbal modifications.
• Sixth. Article 10 being read, it was approved with the modification “four” in place of “two-thirds,” upon motion of Delegate Mejía.
• Seventh. Articles 11 and 12 were amended, giving them greater clearness, upon motion of Delegate Bonilla.
• Eighth. Article 13 was approved.
• Ninth. Articles 14 and 15 were read, and the delegates, not being able to agree in regard to them, suspended discussion, on motion of Delegate Bonilla. The committee on rules reconsidered them, and the following form was substituted:
• “The resolutions of the conference shall be adopted unanimously, except in the instances provided for in these rules; Provided, however, That those resolutions upon which three or more delegations are in accord shall be considered as obligatory upon them and as a recommendation for the others.”
• Tenth. Article 16 was approved.
• Eleventh. Article 17 was modified, on motion of Delegate Anderson, omitting therefrom ideas which were deemed unnecessary.
• Twelfth. Article 18 was approved, and a further article was added, as follows:
• “Each delegate may submit to the conference his opinion upon the matter or point under discussion, and request that it be included in the minutes of the session at which it is presnted.”
• Thirteenth. Article 20 was suppressed. Articles 21, 22, and 23 were approved, with some amendments proposed by Delegates Bonilla and Madriz, and the rules were concluded as follows:^a
• Fourteenth. The selection of president of the conference was thereupon proceeded with, and Delegate Anderson was chosen for this post by four votes, the Costa Rican delegation having voted for Doctor Gallegos.
• Fifteenth. On motion of Delegate Gallegos, lots were cast for the precedence of the delegations, in conformity with Article III of the rules, resulting in the following order: Nicaragua, Salvador, Guatemala, and Honduras.
• Sixteenth. Delegate Rodriguez was chosen for secretary by five votes, and likewise Delegate Madriz by three votes.
• Seventeenth. A committee was named, composed of Delegates Batres, Bonilla, and Corea, to accompany the Secretary of State to the place of the conference; another committee, composed of Delegates Mejía and Sánchez Ocaña, to accompany Ambassador Creel; and another, composed of Delegates Fiallos and Madriz to accompany Mr. Buchanan.
• Eighteenth. A committee was appointed, composed of Delegates Calvo and Ugarte, to receive, at the door of the reception room of the conference, the Secretary of State, Ambassador Creel, and Mr. Buchanan.
• Nineteenth. The delegates to the conference voted, by acclamation, expression of thanks to Delegates Calvo and Ugarte, president and secretary, respectively, of the preparatory sessions, for the services they had given in those capacities; and
• Twentieth. The session adjourned at 8.30 p.m.

• J. B. Calvo,
  President.
• Angél Ugarte,
  Secretary.

[Inclosure 4.]

Inaugural session.

At 2.30 in the afternoon on the 14th of November, 1907, in the city of Washington, the delegates of the five Central American Republics assembled at the Central American Peace Conference, as follows: The Hon. Luis Anderson and Don Joaquin Bernardo Calvo, for Costa Rica; Drs. Don José Madriz and Don Luis Felipe Corea, for Nicaragua; Dr. Don Salvador Gallegos, Dr. Don Salvador Rodriguez G., and Don Federico Mejía, for Salvador; the Hon. Antonio Batres Jáuregui, Dr. Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña, for Guatemala; and Dr. Don Policarpo Bonilla, Dr. Don Angél Ugarte, and Don E. Constantino Fiallos, for Honduras. There were also present His Excellency Mr. Elihu Root, Secretary of State of the United States of America; His Excellency Enrique C. Creel, the Ambassador of the United Mexican States and the Representative of the Government of Mexico at the conference; His Excellency Robert Bacon, Assistant Secretary of State of the United States of America; His Excellency William I. Buchanan, the representative of the Government of the United States of America at the conference, and Mr. José F. Godoy, secretary of embassy of Mexico.

The session commenced as follows:

• First. Delegate Calvo, as president of the preliminary conference, introduced Secretary Root, who took the chair and declared the peace conference opened.
• Second. Secretary Root delivered a brief address, greeting the members in the name of the Government of the United States, and expressing his desire that the conference should bring about the permanent peace of Central America. The ambassador of Mexico then read an address, in which he expressed the fraternal attitude of his Government toward Central America and its good wishes for the successful outcome of the conference. In the name of the conference, Mr. Anderson replied to both addresses.
• Third. Delegate Ugarte, secretary ad interim, read the protocol of the 17th of September, which is to serve as the basis for the work of the conference, and the minutes of the preliminary sessions held by the plenipotentiaries of Central America. The reading of one of the minutes of the preliminary sessions of the conference was dispensed with.
• Fourth. Mr. Root named Messrs. José Madriz and Salvador Rodriguez G. secretaries ad interim of the conference.
• Fifth. The secretary read the list of members of the delegations in the order in which they appear in the diplomatic list of the Department of State at Washington.
• Sixth. The communication from the Department of State of the 11th instant was then read, which convened the delegates of the five Republics to a meeting in this city in the International Bureau of American Republics at 2.30 o’clock this afternoon.
• Seventh. On motion of the Secretary of State, a committee was appointed, composed of Messrs. Calvo, Toledo Herrarte, Fiallos, Corea, and Mejía, to examine the credentials of the delegates.
• Eighth. The committee on credentials reported that all the credentials were in due form.
• Ninth. On the motion of the Secretary of State, steps were taken to elect a president of the conference. Delegate Luis Anderson was elected by four votes—Costa Rica having voted for Dr. Salvador Gallegos. The Secretary of State announced the result of the election and turned over the chair to Mr. Anderson.
• Tenth. The president invited the conference to choose permanent secretaries. Delegate Madriz was elected by 4 votes and Delegate Rodriguez G. unanimously. Doctor Fiallos received the vote of the delegation of Nicaragua.
• Eleventh. It was then proceeded to elect honorary presidents of the conference, and His Excellency Elihu Root, the Secretary of State of the United States of America, and His Excellency Don Ignacio Mariscal, secretary of state of the United Mexican States, were elected by acclamation.
• Twelfth. The president appointed a permanent committee on rules, composed of Messrs. Gallegos, Batres Jauregui, and Bonilla.

The session adjourned at 4.20 p.m.

• Luis Anderson,
• Antonio Batres Jáuregui,
• Victor Sánchez O.,
• Angél Ugarte,
• Policarpo Bonilla,
• José Madriz,
• Salvador Gallegos,
• F. Mejía,
• J. B. Calvo,
• Luis Toledo Herrarte,
• E. Constantino Fiallos,
• Luis F. Corea,
• Salvador Rodriguez G.,
  Delegates to the Peace Conference.

[Inclosure 4a.]

Address of the Hon. Elihu Root, Secretary of State of the United States, when calling the conference to order on November 14, 1907.

Mr. Ambassador and Gentlemen of the Five Central American Republics: Usage devolves upon me as the head of the foreign office of the country in which you are assembled to call this meeting together; to call it to order and to preside during the formation of your organization. I wish to express to you, at the outset, the high appreciation of the Government of the United States of the compliment which you pay to us in selecting the city of Washington as the field of your labors in behalf of the rule of peace and order and brotherhood among the peoples of Central America. It is most gratifying to the people of the United States that you should feel that you will find here an atmosphere favorable to the development of the ideas of peace and unity, of progress and mutual helpfulness, in place of war and revolution and the retardation of the principles of liberty and justice.

So far as a sincere and friendly desire for success in your labors may furnish a favorable atmosphere, you certainly will have it here. The people of the United States are sincere believers in the principles that you are seeking to apply to the conduct of your international affairs in Central America. They sincerely desire the triumph and the control of the principles of liberty and order everywhere in the world. They especially desire that the blessings which follow the control of those principles may be enjoyed by all the people of our sister Republics on the Western Hemisphere, and we further believe that it will be, from the most selfish point of view, for our interests to have peaceful, prosperous, and progressive Republics in Central America.

The people of the United Mexican States and of the United States of America are now enjoying great benefits from the mutual interchange of commerce and friendly intercourse between the two countries of Mexico and the United States. Prosperity, the increase of wealth, the success of enterprise—all the results that come from the intelligent use of wealth—are being enjoyed by the people of both countries, through the friendly intercourse that utilizes for the people of each country the prosperity of the other. We in the United States should be most happy if the States of Central America might move with greater rapidity along the pathway of such prosperity, of such progress, to the end that we may share, through commerce and friendly intercourse, in your new prosperity and aid you by our prosperity.

We can not fail, gentlemen, to be admonished by the many failures which have been made by the people of Central America to establish agreement among themselves which would be lasting, that the task you have before you is no easy one. The trial has often been made and the agreements which have been elaborated, signed, ratified, seem to have been written in water. Yet I can not resist the impression that we have at last come to the threshold of a happier day for Central America. Time is necessary to political development. I have great confidence in the judgment that in the long course of time, through successive steps of failure, through the accompanying education of your people, through the encouraging examples which now, more than ever before, surround you, success will be attained in securing unity and progress in other countries of the New Hemisphere. Through the combination of all these, you are at a point in your history where it is possible for you to take a forward step that will remain.

It would ill become me to attempt to propose or suggest the steps which you should take, but I will venture to observe that the all-important thing for you to accomplish is that while you enter into agreements which will, I am sure, be framed in consonance with the most peaceful aspirations and the most rigid sense of justice, you shall devise also some practical methods under which it will be possible to secure the performance of those agreements. The mere declaration of general principles, the mere agreement upon lines of policy and of conduct are of little value, unless there be practical and definite methods provided by which the responsibility for failing to keep the agreement may be fixed upon some definite person, and the public sentiment of Central America brought to bear to prevent the violation. The declaration that a man is entitled to his liberty would be of little value with us in this country were it not for the writ of habeas corpus that makes it the duty of a specific judge, when applied to, to inquire into the cause of his detention and set him at liberty if he is unjustly detained. The provision which declares that a man should not be deprived of his property without due process of law would be of little value were it not for the practical provision which imposes on specific officers the duty of nullifying every attempt to take away a man’s property without due process of law.

To find practical definite methods by which you shall make it somebody’s duty to see that the great principles you declare are not violated, by which if an attempt be made to violate them the responsibility may be fixed upon the guilty individual—those, in my judgment, are the problems to which you should specifically and most earnestly address yourselves.

I have confidence in your success, because I have confidence in your sincerity of purpose, and because I believe that your people have developed to the point where they are ready to receive and to utilize such results as you may work out. Why should you not live in peace and harmony? You are one people in fact, your citizenship is interchangeable—your race, your religion, your customs, your laws, your lineage, your consanguinity and lineage, your social relations, your sympathies, your aspirations, and your hopes for the future are the same. It can be nothing but the ambition of individuals who care more for their selfish purposes than for the good of their country that can prevent the people of the Central American States from living together in peace and harmony.

It is my most earnest hope, it is the hope of the American Government and people, that from this conference may come the specific and practical measures which will enable the people of Central America to march on with equal step abreast of the most progressive nations of modern civilization, to fulfill their great destinies in that brotherhood which nature has intended them to preserve and to exile forever from that land of beauty and of wealth incalculable the fraternal strife which has hitherto held you back in the development of your civilization.

[Inclosure 4b.]

Address of His Excellency the Mexican Ambassador, Don Enrique C. Creel, at the inaugural session of the conference.

Gentlemen of the Central American Delegations: Allow me to bid you all, in the name of the people and the Government of Mexico, which I have the honor to represent on this solemn occasion, the heartiest welcome, and to express my most sincere good wishes for your personal welfare and for the success of the missions your respective governments have intrusted into your hands.

You come to Washington, gentlemen, on such a far-reaching, noble, and lofty errand, to perform a work of such lasting results, that I do not hesitate to say that if heretofore you have been known in Central America as distinguished jurists, diplomats of experience, and ardent patriots, your names will henceforth be a household word in the entire American continent, as they can not remain confined within the frontiers of any one particular region, and will symbolize, whenever pronounced, the greatest of blessings that a people, that mankind, may enjoy. Your names will spell peace, holy peace, and its follower, liberty, to which is due the greatness of the country which at this moment gives you such affectionate hospitality.

The Mexican Republic is bound to the Central American countries by common blood ties, historical traditions, language, geographical proximity, community of interests, and similarity of political institutions, and Gen. Porfirio Diaz saw with particular pleasure the opportunity offered him to cooperate in helping the five sister Republics to lay the foundations of a peace to which they are entitled, and that will undoubtedly bring them such great benefits as Mexico has secured. The joint suggestion, signed by the chief executive of my country and the eminent statesman now President of the United States of America, has brought you here, under the roof of the International Bureau of the American Republics, which is, if I may so express it, the common home of all the nations on this continent.

For many years what was formerly Spanish-America has been enjoying peace, achieving material progress, and successfully striving to practically establish the institutions we inherited from our forefathers. The revolutionary germs seem to exist (and with particular vigor) only in the most central portion of the continent, where the two portions of America which are destined to live in a close fraternal union meet. Why should it be strange, then, that the countries nearest to yours extend their friendly mediation, and in case of necessity their frank assistance, that you may come to a mutual understanding and weld together the link of common love, tendencies, and interests, which will be the basis of your future prosperity?

Neither the United States nor Mexico craves territorial expansion, nor is either desirous of intervening in your affairs, nor do they ask aught but to see you peaceable, strong, and prosperous countries. Mexico and the United States are convinced that such will be result obtained by your energy, partiotism, and good will, after honest deliberations, intent upon securing peace for the five Central American Republics on the basis of eternal justice.

Peace has always been the greatest boon to mankind. But when population and elements of wealth increase, and the level of civilization becomes higher, and the principles of justice and respect for property becomes more solid; when a higher estimate is put upon the life of man, it is then that tranquillity becomes more valuable in the world, its rule controls as a supreme necessity, as the greatest of all blessings, the mainspring of patriotism, and the unmovable basis of national autonomy.

The world moves on. The various manifestations of progress reach everywhere; earthly, civilization becomes universal, demanding that each and every people in the world share in its benefits. When civilization finds no barriers nor suitable surroundings, it directs to that spot all its energies and its life-giving elements of wealth. But when war, disorder, and extermination block the way and oppose the great force of civilization, then conditions become dangerous both at home and abroad; thence proceed retrogression and the elements of international difficulties.

The peoples of to-day can not dwell in isolation, linked as life is to the common cause of human progress, and it is only in the midst of peace that the preservation of national integrity can be conceived. When that support is wanting, autonomy is in danger, and the wrongs and the damage done may be irreparable.

The present tendency of civilized countries is clearly toward peace, as shown by The Hague tribunal; by the several peace and arbitration congresses and conferences organized or to be organized in advanced nations; as advocated by the public press in all countries, irrespective of political parties or religious creed; as taught in schools and universities. Peace is the yearning cry of humanity. No mistake could be greater, no blindness darker, than to oppose those tendencies. Any and all sacrifices seem small when made to obtain a solid, unmolested, firm peace.

This is not all, however. Before long America will witness a great event—the opening of the Panama Canal. This gigantic undertaking will mark the commencement of a new era for Pan-American progress. This great work will facilitate the means of communication and at the same time will bring together in closer bonds the nations of this hemisphere, giving greater impulse to their international commerce. To achieve this it will be necessary to make great improvements to ports, to undertake expensive sanitary works, to build many railway lines, banks, commercial houses, and to consolidate both the internal and foreign public credit.

And in order to enjoy all these benefits we need peace in America; a peace to be uninterrupted in every one of the nations of this hemisphere. To disturb that peace would be more dangerous then than it is at present. This is the right moment to build the proper foundations and to secure among you all that harmony in which the North, Central, and South Americans are so deeply interested.

You possess admiral elements of life, sources of unexplored riches, immense tracts of uncultivated lands, a coast line of incomparable value. All you need is that men work instead of killing one another; capital to flow to your countries at your request, instead of shunning your countries for fear of wars.

If my judgment of your affairs is not erroneous, your disputes turn upon issues which are simple and, above all, susceptible of pacific adjustment. Boundary questions, questions of wrongs to citizens, territorial invasion, and many others, which can not be prevented between adjoining countries, may be easily and peaceably settled according to such general rules as you may adopt at this conference; and civil or foreign wars will only come when, unfortunately, great calamities must come; and then as often as wars now occur in the civilized countries of the world, and not as frequently as they now fall upon the savage hordes of uncivilized countries.

To attain these conditions it is necessary not to seek to gain advantages, nor to claim predominance over one another, nor redress of wrongs, nor yet lose control of one’s temper. The object of this conference is nobler and loftier. It is to seek in good faith the means of doing justice. Your clear intelligence and patriotism will surely find it, and when found it must be embodied in a treaty of very long duration. This is what the world expects of the high representation of your respective Governments; this is what Mexico and the United States of America expect, because they will, in perfect good faith, seal that treaty as a moral guaranty of an honest and steadfast purpose, as a token of love for peace, and as an evidence of confraternity, sympathy, and justice to the countries you represent.

Moreover, the conference has a significance and teaching of the highest interest to humanity, because it is a further step in the peaceful solution of international difficulties by means of reason and justice, through a perfect understanding and a just analysis of the facts, through the quiet and tranquil justice of illustrious jurists and statesmen, and because it draws us nearer the creation of tribunals which, exalting their mission, do justice as between the nations as they now do it between individuals of society.

Your own countries, the civilization of America, and the peace of the whole world expect much of you gentlemen. Your knowledge of the character and historical conditions of your charming countries will serve you in aiding you to advance now at a single step more than you could possibly do in a number of years under present conditions.

In such a work, as fine as it is, worthy of the efforts of good patriots and men of rank, you may always count on the good will of the Mexican Government.

Gentlemen, may the treaty of Washington carry in its very soul the lofty ideals of the Latin race to which we belong, and may its form be as solid and strong as the great American people identified with us in this common work of order, civilization, and progress. May this be as perpetual a treaty as will always be the unchangeable good faith and love of peace of the two Republics, your friends, who have invited you to take up this humanitarian task.

[Inclosure 4c]

Address of His Excellency Señor Don Luis Anderson, delegate and minister for foreign affairs of Costa Rica, at the inaugural session of the conference on November 14, 1907, replying on behalf of the delegates to the conference to the addresses made by the Secretary of State and the Mexican ambassador.

Your Excellencies: Your words move us deeply and will reecho among our brothers in Central America as the good news that calls us to a better life, as the smiling promise of an era of peace, justice, and prosperity which will allow the Central American Republics to play the part in human progress that modern civilization has reserved for each member of the great family of nations; and to start again, strengthened by the bitter experiences of a tempestuous past, but at the same time encouraged by the consciousness of their proper destinies.

The solemn inauguration of this Central American Peace Conference by the honorable Secretary of State, on which occasion we have also listened to the eloquent, wise, and kind words of his excellency the ambassador of the United Mexican States, which jointly constitute a symbol of American confraternity, marks in the history of our people the epoch that separates the past from the future, the time when war and revolution will sink, never to rise, to give way to peace, progress, and tranquillity. It is the beginning of an era to which the spirit of the century urgently calls us.

Civilization can not allow that in the family of nations there be one which does not work for or contribute to the common benefit the full extent of its energies and of the wealth with which nature has endowed it, because all nations are united in human progress.

Admirably situated between two continents, with extensive coast lines on both oceans, with an exceedingly rich soil, suitable for all kinds of products, with mountains full of gold and silver—in fine, with such wealth that it would seem nature took pride in scattering over those lands all its wealth with a prodigal hand—Central America is in duty bound to render to civilization, through universal interchange, all the benefits that its privileged situation demands; and, nevertheless, I lament to say this—we are backward in fulfilling this duty, because the futile strifes in which some of the Republics have consumed their energies have separated us from the ideals our forefathers contemplated when they, regardless of sacrifice, gave us our country and liberty.

It was a divine inspiration which led the Presidents of our sisters of the north, when Central American soil was threatened to be dyed with the blood of brothers, to raise their friendly voices bidding the fraticidal arm to stop and calling us to Washington to undertake, in a brotherly conference, the work of peace, which elevates and dignifies nations and leads them along the road to civilization and happiness. Through this generous and humanitarian action Presidents Roosevelt and Diaz have won new laurels, have written a new page of glory in the history of their respective countries, but above all have won for themselves a place in the heart of each one of the citizens of the five Central American countries. The names of Roosevelt and Diaz will always be remembered with gratitude by the humble citizens of those countries, those whose hands are hardened by toil and whose faces are tanned by the tropical sun, who will be the most directly benefited by a stable peace, because the simple peasant, who is compelled to exchange the plow for the sword, goes to war but does not love war.

Our peoples are not warlike, and the only part they have played in the several wars which from independence to our day have stained the Central American soil with blood is that of dying with heroism and self-denial for a cause which they have not understood. The Central American wars have never been wars between nations, but wars between governments.

The disturbances which have taken place in some of the Central American Republics, and their tremendous resultant calamities, are above all the outcome of abuse, or rather forgetfulness of liberty, the protecting goddess of nations, under whose radiant guidance nations become great, rich, and strong. For liberty is a jealous goddess, more jealous even than the God of Israel, and punishes with an implacable hand the countries which do not properly worship her and produces misery and anarchy, which are more terrible even than all the biblical plagues.

If, in the Washington conference, we turn our eyes toward liberty; if we make provision necessary in order that our countries, free from past errors, may enter anew upon a life of real democratic solidarity; if we bring it about that the Governments of our five countries do not remain indefinitely in power but are both in their origin and in their acts a free expression of the will of the people; in fine, if we succeed in establishing that the rights of man, the noblest inheritance of the human race, which are embodied in all our constitutions but sometimes sadly forgotten, become really effective, become something like the backbone of our institutions and of our social and political organization—in short, if we enter in all sincerity into a constitutional life, we shall have done great good to our countries, and the generous hope of Presidents Roosevelt and Diaz will be realized.

Let us direct our efforts to the end that respect for the liberty of individuals and of states shall be a reality. Let us admit and guarantee the government of the people and for the people in each one of the Central American nations, and then peace will be assured and the road to our happiness and perfection will be clear.

I believe I interpret the sentiment and the patriotic feelings of each one of the delegates when I say that we feel sure that we will reach that goal, and, therefore, our gratitude to those who have aided us in this praiseworthy work will be sincere. Which one of our nations will show so little of patriotism as to refuse to ratify such effective means of procuring us happiness?

[Inclosure 5.]

General treaty of peace and amity.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, being desirous of establishing the foundations which fix the general relations of said countries, have seen fit to conclude a general Treaty of Peace and Amity which will attain said end, and for that purpose have named as Delegates:

Costa Rica: Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña.

Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua: Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

The Republics of Central America consider as one of their first duties, in their mutual relations, the maintenance of peace; and they bind themselves to always observe the most complete harmony, and decide every difference or difficulty that may arise amongst them, of whatsoever nature it may be, by means of the Central American Court of Justice, created by the Convention which they have concluded for that purpose on this date.

Article II.

Desiring to secure in the Republics of Central America the benefits which are derived from the maintenance of their institutions, and to contribute at the same time in strengthening their stability and the prestige with which they ought to be surrounded, it is declared that every disposition or measure which may tend to alter the constitutional organization in any of them is to be deemed a menace to the peace of said Republics.

Article III.

Taking into account the central geographical position of Honduras and the facilities which owing to this circumstance have made its territory most often the theater of Central American conflicts, Honduras declares from now on its absolute neutrality in event of any conflict between the other Republics; and the latter, in their turn, provided such neutrality be observed, bind themselves to respect it and in no case to violate the Honduranean territory.

Article IV.

Bearing in mind the advantages which must be gained from the creation of Central American institutions for the development of their most vital interests, besides the Pedagogical Institute and the International Central American Bureau which are to be established according to the Conventions concluded to that end by this Conference, the creation of a practical Agricultural School in the Republic of Salvador, one of Mines and Mechanics in that of Honduras, and another of Arts and Trades in that of Nicaragua, is especially recommended to the Governments.

Article V.

In order to cultivate the relations between the States, the contracting Parties obligate themselves each to accredit to the others a permanent Legation.

Article VI.

The citizens of one of the contracting Paries, residing in the territory of any of the others, shall enjoy the same civil rights as are enjoyed by nationals, and shall be considered as citizens in the country of their residence if they fulfil the conditions which the respective constituent laws provide. Those that are not naturalized shall be exempt from obligatory military service, either on sea or land, and from every forced loan or military requisition, and they shall not be obliged on any account to pay greater contributions or ordinary or extraordinary imposts than those which natives pay.

Article VII.

The individuals who have acquired a professional degree in any of the contracting Republics, may, without special exaction, practice their professions, in accordance with the respective laws, in any one of the others, without other requirements than those of presenting the respective degree or diploma properly authenticated and of proving, in case of necessity, their personal identity and of obtaining a permit from the Executive Power where the law so requires.

In like manner shall validity attach to the scientific studies pursued in the universities, professional schools, and the schools of higher education of any one of the contracting countries, provided the documents which evidence such studies have been authenticated, and the identity of the person proved.

Article VIII.

Citizens of the signatory countries who reside in the territory of the others shall enjoy the right of literary, artistic, or industrial property in the same manner and subject to the same requirements as natives.

Article IX.

The merchant ships of the signatory countries shall be considered upon the sea, along the coasts, and in the ports of said countries as national vessels; they shall enjoy the same exemptions, immunities, and concessions as the latter, and shall not pay other dues nor be subject to further taxes than those imposed upon and paid by the vessels of the country.

Article X.

The Governments of the contracting Republics bind themselves to respect the inviolability of the right of asylum aboard the merchant vessels of whatsoever nationality anchored in their ports. Therefore, only persons accused of common crimes can be taken from them after due legal procedure and by order of the competent judge. Those prosecuted on account of political crimes or common crimes in connection with political ones, can only be taken therefrom in case they have embarked in a port of the State which claims them, during their stay in its jurisdictional waters, and after the requirements hereinbefore set forth in the case of common crimes have been fulfilled.

Article XI.

The Diplomatic and Consular Agents of the contracting Republics in foreign cities, towns, and ports shall afford to the persons, vessels, and other property of the citizens of any one of them, the same protection as to the persons, ships, and other properties of their compatriots, without demanding for their services other or higher charges than those usually made with respect to their nationals.

Article XII.

In the desire of promoting commerce between the contracting Republics, their respective Governments shall agree upon the establishment of national merchant marines engaged in coastwise commerce and the arrangements to be made with and the subsidies to be granted to steamship companies engaged in the trade between national and foreign ports.

Article XIII.

There shall be a complete and regular exchange of every class of official publications between the contracting Parties.

Article XIV.

Public instruments executed in one of the contracting Republics shall be valid in the others, provided they shall have been properly authenticated and in their execution the laws of the Republic whence they issue shall have been observed.

Article XV.

The judicial authorities of the contracting Republics shall carry out the judicial commissions and warrants in civil, commercial, or criminal matters, with regard to citations, interrogatories, and other acts of procedure or judicial function.

Other judicial acts, in civil or commercial matters, arising out of a personal suit, shall have in the territory of any one of the contracting Parties equal force with those of the local tribunals and shall be executed in the same manner, provided always that they shall first have been declared executory by the Supreme Tribunal of the Republic wherein they are to be executed, which shall be done if they meet the essential requirements of their respective legislation and they shall be carried out in accordance with the laws enacted in each country for the execution of judgments.

Article XVI.

Desiring to prevent one of the most frequent causes of disturbances in the Republics, the contracting Governments shall not permit the leaders or principal chiefs of political refugees, nor their agents, to reside in the departments borbering on the countries whose peace they might disturb.

Those who may have established their permanent residence in a frontier department may remain in the place of their residence under the immediate surveillance of the Government affording them an asylum, but from the moment when they become a menace to public order, they shall be included in the rule of the preceding paragraph.

Article XVII.

Every person, no matter what his nationality, who, within the territory of one of the contracting Parties, shall initiate or foster revolutionary movements against any of the others, shall be immediately brought to the capital of the Republic, where he shall be submitted to trial according to law.

Article XVIII.

With respect to the Bureau of Central American Republics which shall be established in Guatemala, and with respect to the Pedagogical Institute which is to be created in Costa Rica, the Conventions celebrated to that end shall be observed, and those that refer to Extradition, Communications, and Annual Conferences shall remain in full force for the unification of Central American interests.

Article XIX.

The present Treaty shall remain in force for the term of ten years counted from the day of the exchange of ratifications. Nevertheless, if one year before the expiration of said term none of the contracting Parties shall have given special notice to the others concerning its intention to terminate it, it shall remain in force until one year after such notification shall have been made.

Article XX.

The stipulations of the Treaties heretofore concluded among the contracting Countries, being comprised or suitably modified in this, it is declared that all stipulations remain void and revoked by the present, after final approval and exchange of ratifications.

Article XXI.

The exchange of ratifications of the present Treaty, as well as that of the other Conventions of this date, shall be made by means of communications which are to be addressed by the Governments to that of Costa Rica, in order that the latter shall notify the other contracting States. The Government of Costa Rica shall also communicate its ratification if it affects it.

Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angel Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 6.]

Additional convention to the general treaty.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador have seen fit to conclude a Convention additional to the General Treaty, and to that end have named as Delegates:

Costa Rica.—Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala.—Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña;

Honduras.—Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua.—Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

Salvador.—Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

The Governments of the High Contracting Parties shall not recognize any other Government which may come into power in any of the five Republics as a consequence of a coup d’etat, or of a revolution against the recognized Government, so long as the freely elected representatives of the people thereof have not constitutionally reorganized the country.

Article II.

No Government of Central America shall in case of civil war intervene in favor of or against the Government of the country where the struggle takes place.

Article III.

The Governments of Central America, in the first place, are recommended to endeavor to bring about, by the means at their command, a constitutional reform in the sense of prohibiting the reelection of the President of a Republic, where such prohibition does not exist, secondly to adopt all measures necessary to effect a complete guarantee of the principle of alternation in power.

Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angel Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 7.]

Convention for the establishment of a Central American court of justice.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, for the purpose of efficiously guaranteeing their rights and maintaining peace and harmony inalterably in their relations, without being obliged to resort in any case to the employment of force, have agreed to conclude a Convention for the constitution of a Court of Justice charged with accomplishing such high aims, and, to that end, have named as Delegates:

Costa Rica.—Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala.—Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Victor Sánchez Ocaña;

Honduras.—Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua.—Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

Salvador.—Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

The High Contracting Parties agree by the present Convention to constitute and maintain a permanent tribunal which shall be called the “Central American Court of Justice,” to which they bind themselves to submit all controversies or questions which may arise among them, of whatsoever nature and no matter what their origin may be, in case the respective Departments of Foreign Affairs should not have been able to reach an understanding.

Article II.

This court shall also take cognizance of the questions which individuals of one Central American country may raise against any of the other contracting Governments, because of the violation of treaties or conventions, and other cases of an international character; no matter whether their own Government supports said claim or not; and provided that the remedies which the laws of the respective country provide against such violation shall have been exhausted or that denial of justice shall have been shown.

Article III. ^a

It shall also take cognizance of the cases which by common accord the contracting Governments may submit to it, no matter whether they arise between two or more of them or between one of said Governments and individuals.

Article IV.

The Court can likewise take cognizance of the international questions which by special agreement any one of the Central American Governments and a foreign Government may have determined to submit to it.

Article V.

The Central American Court of Justice shall sit at the City of Cartago in the Republic of Costa Rica, but it may temporarily transfer its residence to another point in Central America whenever it deems it expedient for reasons of health, or in order to insure the exercise of its functions, or of the personal safety of its members.

Article VI.

The Central American Court of Justice shall consist of five Justices, one being appointed by each Republic and selected from among the jurists who possess the qualifications which the laws of each country prescribe for the exercise of high judicial office, and who enjoy the highest consideration, both because of their moral character and their professional ability.

Vacancies shall be filled by substitute Justices, named at the same time and in the same manner as the regular Justices, and who shall unite the same qualifications as the latter.

The attendance of the five justices who constitute the Tribunal is indispensable in order to make a legal quorum in the decisions of the Court.

Article VII.

The Legislative Power of each one of the five contracting Republics shall appoint their respective Justices, one regular and two substitutes.

The salary of each Justice shall be eight thousand dollars, gold, per annum, which shall be paid them by the Treasury of the Court. The salary of the Justice of the country where the Court resides shall be fixed by the Government thereof. Furthermore each State shall contribute two thousand dollars, gold, annually toward the ordinary and extraordinary expenses of the Tribunal. The Governments of the contracting Republics bind themselves to include their respective contributions in their estimates of expenses and to remit quarterly in advance to the Treasury of the Court the share they may have to bear on account of such services.

Article VIII.

The regular and substitute Justices shall be appointed for a term of five years, which shall be counted from the day on which they assume the duties of their office, and they may be reelected.

In case of death, resignation, or permanent incapacity of any of them, the vacancy shall be filled by the respective Legislature, and the Justice elected shall complete the term of his predecessor.

Article IX.

The regular and substitute Justices shall take oath or make affirmation prescribed by law before the authority that may have appointed them, and from that moment they shall enjoy the immunities and prerogatives which the present Convention confers upon them. The regular Justices shall likewise enjoy thenceforth the salary fixed in Article VII.

Article X.

Whilst they remain in the country of their appointment the regular and substitute Justices shall enjoy the personal immunity which the respective laws grant to the magistrates of the Supreme Court of Justice, and in the other contracting Republics they shall have the privileges and immunities of Diplomatic Agents.

Article XI.

The office of Justice whilst held is incompatible with the extrcise of his profession, and with the holding of public office. The same incompatibility applies to the substitute Justices so long as they may actually perform their duties.

Article XII.

At its first annual session the Court shall elect from among its own members a President and Vice-President; it shall organize the personnel of its office by designating a Clerk, a Treasurer, and such other subordinate employees as it may deem necessary, and it shall draw up the estimate of its expenses.

Article XIII.

The Central American Court of Justice represents the national conscience of Central America, wherefore the Justices who compose the Tribunal shall not consider themselves barred from the discharge of their duties because of the interest which the Republics, to which they owe their appointment, may have in any case or question. With regard to allegations of personal interest, the rules of procedure which the Court may fix shall make proper provision.

Article XIV.

When differences or questions subject to the jurisdiction of the Tribunal arise, the interested party shall present a complaint which shall comprise all the points of fact and law relative to the matter, and all pertinent evidence. The Tribunal shall communicate without loss of time a copy of the complaint to the Governments or individuals interested, and shall invite them to furnish their allegations and evidence within the term that it may designate to them, which, in no case, shall exceed sixty days counted from the date of notice of the complaint.

Article XV.

If the term designated shall have expired without answer having been made to the complaint, the Court shall require the complainant or complainants to do so within a further term not to exceed twenty days, after the expiration of which and in view of the evidence presented and of such evidence as it may ex officio have seen fit to obtain, the Tribunal shall render its decision in the case, which decision shall be final.

Article XVI.

If the Government, Governments, or individuals sued shall have appeared in time before the Court, presenting their allegations and evidence, the Court shall decide the matter within thirty days following, without further process or proceedings; but if a new term for the presentation of evidence be solicited, the Court shall decide whether or not there is occasion to grant it; and in the affirmative it shall fix therefor a reasonable time. Upon the expiration of such term, the Court shall pronounce its final judgment within thirty days.

Article XVII.

Each one of the Governments or individuals directly concerned in the questions to be considered by the Court has the right to be represented before it by a trustworthy person or persons, who shall present evidence, formulate arguments, and shall, within the terms fixed by this Convention and by the rules of the Court of Justice do everything that in their judgment shall be beneficial to the defense of the rights they represent.

Article XVIII.

From the moment in which any suit is instituted against any one or more governments up to that in which a final decision has been pronounced, the court may at the solicitation of any one of the parties fix the situation in which the contending parties must remain, to the end that the difficulty shall not be aggravated and that things shall be conserved in statu quo pending a final decision.

Article XIX.

For all the effects of this Convention the Central American Court of Justice may address itself to the Governments or tribunals of justice of the contracting States, through the medium of the Ministry of Foreign Relations or the office of the Clerk of the Supreme Court of Justice of the respective country, according to the nature of the requisite proceeding, in order to have the measures that it may dictate within the scope of its jurisdiction carried out.

Article XX.

It may also appoint special commissioners to carry out the formalities above referred to, when it deems it expedient for their better fulfillment. In such case, it shall ask of the Government where the proceeding is to be had, its cooperation and assistance, in order that the Commissioner may fulfill his mission. The contracting Governments formerly bind themselves to obey and to enforce the orders of the Court, furnishing all the assistance that may be necessary for their best and most expeditious fulfillment.

Article XXI.

In deciding points of fact that may be raised before it, the Central American Court of Justice shall be governed by its free judgment, and with respect to points of law, by the principles of International Law. The final judgment shall cover each one of the points in litigation.

Article XXII.

The Court is competent to determine its jurisdiction, interpreting the Treaties and Conventions germane to the matter in dispute, and applying the principles of international law.

Article XXIII.

Every final or interlocutory decision shall be rendered with the concurrence of at least three of the Justices of the Court. In case of disagreement, one of the substitute Justices shall be chosen by lot, and if still a majority of three be not thus obtained other Justices shall be successively chosen by lot until three uniform votes shall have been obtained.

Article XXIV.

The decisions must be in writing and shall contain a statement of the reasons upon which they are based. They must be signed by all the Justices of the Court and countersigned by the Clerk. Once they have been notified they can not be altered on any account; but, at the request of any of the parties, the Tribunal may declare the interpretation which must be given to its judgments.

Article XXV.

The judgments of the Court shall be communicated to the five Governments of the contracting Republics. The interested parties solemnly bind themselves to submit to said judgments, and all agree to lend all moral support that may be necessary in order that they may be properly fulfilled, thereby constituting a real and positive guarantee of respect for this Convention and for the Central American Court of Justice.

Article XXVI.

The Court is empowered to make its rules, to formulate the rules of procedure which may be necessary, and to determine the forms and terms not prescribed in the present Convention. All the decisions which may be rendered in this respect shall be communicated immediately to the High Contracting Parties.

Article XXVII.

The High Contracting Parties solemnly declare that on no ground nor in any case will they consider the present Convention as void; and that, therefore, they will consider it as being always in force during the term of ten years counted from the last ratification. In the event of the change or alteration of the political status of one or more of the Contracting Republics, the functions of the Central American Court of Justice created by this Convention shall be suspended ipso facto; and a conference to adjust the constitution of said Court to the new order of things shall be forthwith convoked by the respective Governments; in case they do not unanimously agree the present Convention shall be considered as rescinded.

Article XXVIII.

The exchange of ratifications of the present Convention shall be made in accordance with Article XXI of the General Treaty of Peace and Amity concluded on this date.

Provisional Article.

As recommended by the five Delegations an Article is annexed which contains an amplification of the jurisdiction of the Central American Court of Justice, in order that the Legislatures may, if they see fit, include it in this Convention upon ratifying it.

Annexed Article.

The Central American Court of Justice shall also have jurisdiction over the conflicts which may arise between the Legislative, Executive, and Judicial Powers, and when as a matter of fact the judicial decisions and resolutions of the National Congress are not respected.

Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 8.]

Additional Protocol to the Convention for the establishment of a Central American Court of Justice.

At the city of Washington, at one o’clock in the afternoon of the twentieth day of December, one thousand nine hundred and seven. The undersigned Delegates to the Central American Peace Conference:

For Costa Rica: Their Excellencies Doctor Luis Anderson and Don Joaquín B. Calvo;

For Guatemala: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Victor Sánchez-Ocaña;

For Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

For Nicaragua: Their Excellencies Doctor Don José Madriz and Doctor Don Luis F. Corea;

For Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez Gonzâlez, and Don Federico Mejía.

Noting that an error has been committed in copying the text of Article III of the Convention for the establishment of a Central American Court of Justice, concluded on this date, make it known that the authentic text of said Article III is as follows:

“It shall also have jurisdiction over cases arising between any of the contracting Governments and individuals, when by common accord they are submitted to it.”

In testimony whereof they sign the present Protocol, which shall be considered as an integral part of the Convention.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía,

[Inclosure 9.]

Extradition Convention.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, desiring to confirm their friendly relations and to promote the cause of justice, have resolved to celebrate a Convention for the extradition of fugitives from justice, and to that end have named as delegates:

Costa Rica: Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña;

Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua: Their Excellencies Doctors Don Jose Madriz and Don Luis F. Corea; and

Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez Gonzáles, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

The Contracting Republics agree to deliver up reciprocally the individuals who may take refuge in the territory of one of them and who in the other may have been condemned as authors, accomplices, or abettors of a crime, to a penalty of not less than two years of deprivation of their liberty, or who may have been indicted for a crime which, in accordance with the laws of the demanding country, carries a penalty equal to or greater than that above stated.

Article II.

Extradition shall not be granted in any of the following cases:

1. When the evidence of criminality presented by the demanding party would not justify, according to the laws of the place where the fugitive so charged is found, his apprehension and commitment for trial, if the offense had been there committed.

2. When the offense charged is of a political character, or, being a common crime, is connected therewith.

3. When under the laws of the demanding country or of that of asylum, the action or the penalty has been barred.

4. If the accused demanded should have been already tried and sentenced for the same act in the Republic wherein he resides.

5. If in the latter, the act because of which extradition is requested should not be considered a crime.

6. When the penalty corresponding to the crime for which extradition is requested shall be that of death, unless the demanding Government binds itself to apply the next lower penalty.

Article III.

The person whose extradition is conceded, because of one of the crimes mentioned in Article I, shall in no case be tried and punished in the country to which he is surrendered for a political crime committed before his extradition nor for an act which may have connection with a political crime. The attempt against the life of the head of the government or anarchistical attempts shall not be considered a political crime, provided that the law of the demanding country and of the country of which extradition is requested shall have fixed a penalty for said acts. In that case extradition shall be granted, even when the crime in question shall carry a penalty of less than two years of imprisonment.

Article IV.

The High Contracting Parties shall not be obliged to deliver their nationals; but they must try them for the infractions of the Penal Code committed in any of the other Republics, and the respective government must communicate the corresponding proceedings, information, and documents, and deliver the articles which constitute the corpus delicti, furnishing everything conducive to the investigation necessary for the expedition of the trial. This having been done, the cause shall continue until its determination, and the government of the country of the trial shall inform the other of the final result.

Article V.

If the individual whose extradition is sought should have been indicted or should have been found guilty in the country of his asylum for a crime committed therein, he shall not be delivered except after having been acquitted by a final judgment, and in case of his conviction after he has served the sentence or has been pardoned.

Article VI.

If the fugitive whose extradition is requested by one of the contracting parties should also have been sought by one or more governments, he shall be delivered in preference to the one first making the requisition.

Article VII.

Request for the delivery of fugitives shall be made by the respective diplomatic agents of the contracting parties, or in their absence from the country or from the seat of government, it may be made by consular officers.

In urgent cases the provisional detention of the accused may be requested by means of telegraphic or postal communication, addressed to the ministry of foreign relations, or through the respective diplomatic agent; in his absence, through the consul. The provisional arrest shall be made according to the rules established by the laws of the country of which extradition is requested; but shall cease if the request for extradition has not been formally presented within the term of one month following the arrest.

Article VIII.

The request for extradition shall specify the evidence or foundation thereof which, by the laws of the country wherein the crime has been committed, shall be sufficient to justify the apprehension and commitment of the accused. The judgment, indictment, warrant of arrest, or any other equivalent document shall also accompany the same; and the nature and gravity of the acts charged and the provisions of the penal codes which are applicable thereto must be indicated. In case of flight after having been found guilty and before serving the sentence, the request for extradition shall express these circumstances and shall be accompanied with the judgment only.

Article IX.

The proper authority shall apprehend the fugitive, to the end that he may be brought before the competent Judicial authority to be examined. If it is decided that according to the laws and the evidence presented the surrender shall be carried out in accordance with this Convention, the refugee shall be delivered in the manner prescribed by law in such cases.

Article X.

The person delivered can not be tried nor punished in the country to which his extradition has been granted, nor delivered to a third country because of a crime not included in this Convention, and committed before his surrender, unless the Government which makes the surrender consents to the trial, or to the delivery to said third nation.

Nevertheless this consent shall not be necessary:

1. When the accused may voluntarily have requested that he be tried or delivered to the third nation;

2. When he may have been at liberty to leave the country for thirty days, his release having been based on the lack of foundation in the charge for which he was surrendered, or, in case of conviction, a term of thirty days after serving his sentence or obtaining a pardon.

Article XI.

The expenses of arrest, maintenance, and travel of the claimed person, as well as of the delivery and transportation of the articles which, because of their connection with the crime, have to be returned or forwarded, shall be borne by the demanding Government.

Article XII.

All the objects found in the possession of the accused and obtained through the commission of the act of which he is acccused, or that may serve as evidence of the crime on account of which extradition is requested, shall be confiscated and delivered with his person if the competent authority so orders. Nevertheless the rights of third parties concerning these articles shall be respected, and delivery thereof shall not be made until the question of ownership has been determined.

Article XIII.

In all cases of detention the fugitive shall be acquainted within the term of twenty-four hours with the cause thereof, and notified that he may, within not to exceed three days counted from the one following that of the notification, oppose extradition, by alleging:

1. That he is not the person claimed;

2. Substantial defects in the documents presented; and

3. The inadmissibility of the request of extradition.

Article XIV.

In cases where it is necessary to prove the facts alleged, evidence shall be taken, in full observance of the provisions of the law of procedure of the Republic of which extradition is requested. The evidence having been produced, the matter shall be decided without further steps, within the period of ten days, and it shall be declared whether or not the extradition shall be granted. Against such a decision, and within three days following notification thereof, the legal remedies of the country of asylum may be invoked.

Article XV.

The present convention shall take effect one month after the last ratification, and shall continue in effect until one year after notification of a desire to determine it shall have been given in due form by one of the Governments to the others. In such case it shall continue in force between the others who have not renounced it.

Article XVI.

Each government shall give notice to the others of the legislative ratification of this convention within ten days at the latest after it has taken place. This advice, by notes, shall be considered as an exchange of ratification without the necessity of any special formality.

Signed at the city of Washington on the twentieth of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 10.]

Convention for the establishment of an International Central American Bureau.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, being desirous to develop the interests common to Central America, have agreed to establish an International Bureau that shall take charge of the supervision and care of such interests, and, in order to attain so important an end, have seen fit to conclude a special Convention, and for that purpose have named as Delegates:

Costa Rica.—Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala.—Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña;

Honduras.—Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua.—Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

Salvador.—Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

The following Central American interests are recognized as being those to which special attention should be paid:

1. To combine every effort toward the peaceful reorganization of their mother country, Central America.

2. To impress upon public education an essentially Central American character, in a uniform sense, making it as broad, practical, and complete as possible, in accordance with the modern pedagogical tendency.

3. The development of Central American Commerce and of all that may tend to make it more active and profitable, and its expansion with other nations.

4. The advancement of agriculture and industries that can be developed to advantage in its different sections.

5. The uniformity of civil, commercial, and criminal legislation, recognizing as a fundamental principle the inviolability of life, respect for property, and the most absolute sacredness of the personal rights of man; uniformity in the system of custom-houses; in the monetary system, in such manner as to secure a fixed rate of exchange; general sanitation, and especially that of the Central American ports; confidence in the Central American credit; uniformity in the system of weights and measures; the definition of what constitutes real property, in such a firm and unquestionable manner as will serve as a solid foundation for credit and permit the establishment of mortgage banks.

Article II.

For the purposes hereinbefore mentioned the signatory Governments bind themselves to establish an International Central American Bureau, composed of one delegate from each one of them.

Article III.

The Presidency of the Bureau shall be exercised alternatively by the members that compose it, the alphabetical order of the contracting States being followed for that purpose.

Article IV.

The functions of the Bureau shall be all those considered necessary and expedient to achieve the objects placed in its care by the present agreement, and to that end the office shall enumerate them in the rules that it may establish, being empowered to make all provisions of internal regulation that may be conducive to the proper fulfillment of the mission of maintaining and developing the Central American interests that may be placed under its care and supervision.

In order to attain this end the contracting governments bind themselves to lend to the Bureau all the support and protection necessary for the proper fulfillment of its object.

Article V.

The Bureau shall every six months send to each of the signatory Governments a detailed report of the work accomplished in the preceding half-year.

Article VI.

The Bureau shall be located in the city of Guatemala, and effort shall be made to install it at the latest on September 15 of the coming year 1908.

Article VII.

The diplomatic and consular agents of the contracting Governments shall lend all the assistance that the Bureau may ask of them, furnishing it with all the needed data, reports, and information and shall fulfill the commissions and requests that it may see fit to entrust to them.

Article VIII.

The expenses incident to the maintenance of the Bureau shall be paid in equal parts by the signatory Powers.

Article IX.

The Bureau shall have an organ of publicity in connection with its work, and shall endeavor to maintain intercourse with other offices of a like nature, particularly with the International Bureau of the American Republics established in Washington.

Article X.

The Bureau shall be a medium of intelligence among the signatory countries and shall send the respective governments the communications, information, and reports that it may deem necessary for the development of the relations and interests with which it is entrusted.

Article XI.

The present Convention shall remain in force for fifteen years, and may be extended at the will of the High Contracting Parties.

Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 11.]

Convention for the establishment of a Central American pedagogical institute.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, recognizing it as of the greatest importance and consequence to model public instruction on a spirit of Central-Americanism and to direct it uniformly along the lines which modern pedagogy establishes, and being animated by the desire to make this recognition effective and practical, have decided to conclude a convention, and to that end have named as Delegates:

Costa Rica: Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña;

Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua: Their Excellencies Doctor Don José Madriz and Don Luis F. Corea; and

Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez Gonzáles, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

The Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, animated by the desire of establishing a common, essentially homogeneous system of education, which shall tend toward the moral and intellectual unification of these sister countries, have agreed to found, at the expense and to the advantage of all, a Pedagogical Institute, with a division for men and for women, for the professional education of teachers. Costa Rica shall be the seat of the institute.

Article II.

It is understood that with regard to its staff of teachers, buildings, furnishings, and scientific apparatus the Pedagogical Institute shall be of as high a grade as the best institutes of its class.

Article III.

The installation, organization, and economical administration, as also the general control of the establishment, shall pertain to the Government of Costa Rica; but the other interested Governments shall have the right, when they consider it expedient, to name a representative on the executive board of the same. The Government of Costa Rica shall communicate annually to the other Governments the progress and condition of the establishment.

Article IV.

Each Republic has the right to maintain as many as one hundred students in the Pedagogical Institute, fifty of each sex, but shall not send less than twenty of each sex.

Article V.

The estimate of extraordinary expenses of installation, in which shall be included the buildings, the furnishings, the scientific equipment, the transportation of the professorial staff, etc., having been made, it shall be communicated to the Governments interested, each one of which shall place its respective quota at the disposal of the Government of Costa Rica.

In view of the progressive expansion and development of the Central American Pedagogical Institute, the Government of Costa Rica is authorized to construct special buildings, removed from the great centers of population in cool, healthy places appropriate for intellectual work.

Article VI.

With regard to the ordinary expenses of salaries, board, administration, etc., they shall be paid to Costa Rica at the beginning of each school year.

Article VII.

The Pedagogical League hereby agreed to—the first step toward the unification of the systems of education—shall continue in existence fifteen years, and may be extended at the will of the High Contracting Parties.

Article VIII.

This Convention shall be ratified by means of notes exchanged among the Governments interested; and once ratified, it shall take effect without loss of time.

Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 12.]

Convention concerning future Central American conferences.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, desiring to promote the unification and harmony of their interests, as one of the most efficacious means to prepare for the fusion of the Central American peoples into one single nationality, have agreed to conclude a Convention for the naming of Commissions and for the meeting of Central American Conferences, which shall agree upon the most efficacious and proper means to the end of bringing uniformity into their economical and fiscal interests; and to that end have named as Delegates:

Costa Rica: Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Victor Sánchez Ocaña;

Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua: Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

Article I.

Each one of the contracting Governments obligates itself to name within one month, counted from the last ratification of this agreement, one of more Commissions, which shall occupy themselves preferably with the study of all that concerns the monetary system of their respective countries, especially in relation to those of the other States, and interchange amongst them; and, besides, the study of everything relating to the custom-house systems, the system of weights and measures, and other matters of an economic and fiscal nature which it may be deemed expedient to make uniform in Central America.

Article II.

The Commissions shall present a report within six months after their appointment, and each Government shall communicate such report to the others, inviting them to designate forthwith one or more delegates, in order that they may attend a Central American Conference, which shall be inaugurated on the first of the following January, and shall have for its object the conclusion of a Convention for the purpose of defining the means tending to the accomplishment of the ends to which Article I relates, giving preference to what relates to the monetary system of the five Republics and endeavoring to establish therein a fixed rate of exchange with regard to gold.

Article III.

Conferences shall be held annually thereafter, which shall open on the first day of January, in order to treat the questions comprised in Article I of this Convention which have not been settled at the previous Conference; and all the other matters which the Governments may see fit to submit to said Conferences.

Article IV.

The first Conference shall meet at the city of Tegucigalpa on the date indicated in Article II; and when its sessions are over it shall designate the place in which the next Conference shall meet, and so on successively.

Article V.

The present Convention shall remain in force for five years, but if at the expiration of that term none of the signatory Governments shall have denounced it, it shall continue in force until six months after one of the High Contracting Parties shall have notified the others of its determination to withdraw from it.

Signed at the City of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 13.]

Convention on communications.

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, each being desirous to contribute its share towards the realization of the great work of the Pan-American Railway, and, in order to attain so important an end, have seen fit to conclude a special Convention, and to that end have appointed as Delegates:

Costa Rica: Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

Guatemala: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Ocaña;

Honduras: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angél Ugarte, and Don E. Constantino Fiallos;

Nicaragua: Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

Salvador: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner.

Article I.

Each Government shall appoint a commission, in order that it may study and propose the most suitable measures to carry out the portion of said work within its own territory.

Article II.

The commissions, availing themselves of the surveys already existing of the Pan American Railway, and making all others that they may deem necessary, shall submit to their respective Governments detailed reports concerning the number of miles which need to be constructed, the towns and lands which the line should cross, the branches which it is advisable to connect to the principal line, the cost of the different sections, and all the measures that it may deem expedient for the end in view.

Article III.

The same commissions, when they point out the most suitable measures for the construction of the respective sections, shall suggest, as far as possible, what ought to be done concerning concessions of lands, privileges, tariffs, guarantees, and other points usual in such cases.

Article IV.

After approval by the Governments, said reports shall be sent to the International Bureau of the American Republics at Washington, so that bids may be solicited, in order to obtain the best conditions in letting the corresponding contracts for the construction of the lines which are considered necessary.

Article V.

The said International Bureau, together with the Diplomatic Representatives of the five Republics of Central America, shall open said competition, endeavoring in the first place to secure the organization of one or more companies which will construct the sections indicated, and if that be impossible to consolidate and bring to an agreement the different companies that may hold or obtain concessions or contracts directly with the Governments.

Article VI.

The contracting governments shall come to an agreement with the Government of the United Mexican States and with the Government of Panama concerning everything that may refer to the transit of merchandise and passengers from border to border.

Article VII.

The commissions shall be appointed subject to the approval of the present Convention, and the report shall be presented within a term of not to exceed six months after said appointment.

Article VIII.

The present convention shall not preclude the Governments from directly making contracts referring to the construction of railroads in their respective countries; but they must send said contracts to the International Bureau, in view of the consolidation or agreement to which Article V refers.

Article IX.

The contracting governments, moreover, pledge themselves to make the necessary arrangements to establish and improve the means of communication between the several Republics, such as lines of steamships, submarine cables, telegraph lines, wireless stations, telephones, and everything that may tend to cement their mutual relations.

The existing agreements concerning cable, telegraph, and telephone services shall continue in force so long as the interested Governments deem it convenient.

Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

• Luis Anderson.
• J. B. Calvo.
• Antonio Batres Jáuregui.
• Luis Toledo Herrarte.
• Víctor Sánchez O.
• Policarpo Bonilla.
• Angél Ugarte.
• E. Constantino Fiallos.
• José Madriz.
• Luis F. Corea.
• Salvador Gallegos.
• Salvador Rodríguez G.
• F. Mejía.

[Inclosure 13a.]

Notes on a railway through Central America.

[Presented by the delegation of Costa Rica to the Central American Peace Conference.]

Gentlemens We do not think it necessary to state that no matter what resolutions the conference may adopt in regard to the principal subjects embraced within the scope of the most important mission which our several Governments-have intrusted to us, one of the main points to be taken into consideration is that of recommending the improvement of both the land and sea communications among the Central American Republics themselves and between these and their neighboring countries and any other States whose relations may foster the development of commerce and other advantages to be derived from the general progress of our respective countries.

The importance of these means of communication, of a railway which will unite all our countries and may contribute through its powerful agency to efface boundary lines and bring our peoples closer and closer together, is not only a want which we all feel, but is a work that can be realized without an effort beyond the means which we are fortunate to have within our reach.

The minister of Costa Rica in Washington has always been of this opinion, and an earnest supporter of the Pan-American Railway project. Upon his return from Mexico, after the Second International Conference, for so many reasons worthy of our recollection, he published a few remarks and data, particularly referring to the share of our countries in that great enterprise, and it was with gratification that we saw that his modest contribution was received with marked favor by the American press.

Not very long ago, while in search of new data, of a new light which might contribute to the realization of the International Railway project between Mexico and Panama, where the opening of the Isthmian Canal by the Government of Washington promises to be an event of the near future for the greatest benefit of the whole world, the minister had the good fortune to receive from Mr. Theodore Paschke, member of the American Society of Civil Engineers, New York, the accompanying document, which is far above and beyond anything we could ever have written on such an important matter.

The distinguished engineer, Mr. Paschke, has lived for many years in Central America. While in Guatemala he directed part of the work on her railroads and now holds a position of great responsibility with the New York subway, which shows that he is a most competent man, whose opinions deserve the greatest consideration and prestige.

We must not omit to state that Mr. Paschke has dedicated the work to which we refer to the memory of Don Guillermo Nanne, a German by birth, and a Costa Rican at heart, not only because of his love for that country, but because his distinguished family was born there. Mr. Nanne is one of those persons whose pleasant personality is forever connected with the memory of the construction of the first railway in Costa Rica and Guatemala.

Mr. Paschke’s work is particularly instructive and will no doubt be an excellent contribution to the study of whatever recommendations the conference may decide to make to our respective Governments, and with this end in view, we have the honor to respectively submit this work to our distinguished colleagues in the hope that the data therein contained might be of service.

• Luis Anderson
• J. B. Calvo.

Washington, D. C. , November 20, 1907 .

the international railway.

When we consider the great influence which the means of communication exercise, not only in the development of the natural resources and other fountains of national production, but also in the moral and intellectual advancement which the widening of the sphere of action affords to man, the great benefits that would result to the American Republics from the construction of a continental railroad become evident.

The enterprise is certainly a colossal one, though it does not in reality present any insurmountable obstacles, and in order to become an accomplished fact it only requires that the project should be taken up with a resolute purpose and properly started.

It is evident that the development of local traffic alone would pay, in the immediate future, the cost of the road, and that the increase of the commercial relations between the neighboring countries would be very rapid, promoting in this manner the general, political, and social welfare of all the nations of this continent, as well as securing a closer union among them, all of which would tend to daily increase the value of capital and the profits thereof.

The progress which Mexico has made in the last few years has naturally attracted the attention of the whole world, and the great impulse given to all her industries demands, for that prosperous Republic, easy means of communication with the contiguous States, where excellent markets are to be found for many of her varied products, which competition on the north carries to said States in the south, as is the case at present—particularly with regard to cotton fabrics and all kinds of leather goods.

It is a fact that the Central American States are constantly progressing; and while the moral advancement is also evidenced by the peaceful condition which they at present enjoy, the development of their manifold and rich sources of production increases daily, thus encouraging new enterprises, the improvement of the existing means of communication, and the construction of other new and important ones.

In the far south, the Argentine Republic rises up as an agricultural rival of the United States of America, while Chile initiates a competition on the Pacific with the steamship companies of the great American nation.

These practical examples of the advancement of the Latin-American countries indicate the activity and progress which they have already reached and show clearly the great importance of the field which they afford to business and enterprise.

Brazil, with her extensive territory; Uruguay, with her favored geographical position; Peru, Bolivia, Ecuador, Venezuela, and Colombia, by the exuberant richness of their soil, all enjoy, in an equal degree, the benefits of progress and civilization.

Therefore the construction of a railway through all these countries will find abundant elements of support already existing and many others which it will of itself create, either owing to the influence of the facilities for local traffic or as a consequence of rapid communication between the different States.

At the First International Conference held in Washington in 1889–90 resolutions were passed for the purpose of carrying out this great enterprise, and as a practical result of the preliminary steps then taken the proper studies of the matter were made by several corps of engineers, who presented an exhaustive report, which is printed with maps and illustrations in seven large volumes.

From these studies it appears that the length of a railroad from New York to Buenos Aires would be 10,471 miles, and that half of this enormous distance is already covered by existing railroad lines.

Referring especially to the first part of this great continental enterprise, it would be an easy task to show that it only requires a slight impulse for its realization in all that portion of the hemisphere lying north of Panama. In fact, the distance of 2,187 miles from New York to Laredo, on the Mexican frontier, that of 839 miles from Laredo to the City of Mexico, and that of 343 miles from the latter city to Oaxaca is covered by railroad lines now in actual operation.

There are at the present time two Mexican railways that approach the Guatemala frontier, one of which runs from Pueblo to Oaxaca on the Pacific slope, and which would require an extension of 400 miles in order to reach said frontier; and the other which extends from Cordoba, a town situated on the line of the Veracruz Railway on the mountain range that slopes toward the Gulf of Mexico. In addition to the lines mentioned, there are other railroads in course of construction that will connect with the Interoceanic Railroad of the Isthmus of Tehuantepec, and, what seems to be of still greater importance in this connection, the Mexican Government has granted a concession, carrying with it liberal subsidies for the construction, within a period of two years, of a railway which, starting from the Isthmus as a branch of the Interoceanic Railway referred to, will extend to the boundary line of Guatemala.

This new development of railways in Mexican territory having been accomplished, the greatest of the difficulties in extending the Intercontinental Railroad will have been overcome by connecting the railway lines of the Central American States, several sections of which can be utilized for the main line.

It will be sufficient to observe in this connection that of the 1,107 miles that a route on the Pacific side will have to cover in Central America from the Mexican to the Colombian frontier there are now constructed and in operation 211.3 miles of track, particularly in Salvador and Nicaragua, where the longest railroad lines follow in the greater part of their course a direction generally parallel to that of the coast.

In Guatemala there is a railroad extending from the port of Ocos to the village of Ayutla near the Mexican frontier, and the lines constructed in this and the other Central American Republics aggregate a little less than 1,000 miles, viz:

	Miles.
Guatemala	342
Salvador	132
Honduras	50
Nicaragua	176
Costa Ricaa	222

But in Costa Rica, Guatemala, and Honduras the principal railway lines follow a transverse direction, because they run from the interior to the ports. Nevertheless, branch lines are being constructed in the three countries mentioned which, within a short time, will not only be able to add considerable length to the part of the system already completed, but will also insure in this manner the guaranty of success for an intercontinental railway by the consequent increase of traffic that will always result from the greater number of their connections.

Such favorable conditions did not exist in Mexico when the construction of the first railway between the United States and that Republic was projected. The undertaking was not favored by the public, because it was thought that it would not be profitable, and to-day—twenty years having scarcely elapsed—there are three railway lines in constant operation, fed by the growing commerce between the two nations. These iron highways, as a natural consequence, promote the mutual development of interests, and encourage at the same time the construction of other railways with which they will connect. There is, then, no reason to doubt, in view of these premises, which are palpable facts, that the extension of railways to the south will produce equally as good, if not better, results to capital, exclusive of the beneficent moral influence they will exert on the future of the nations of this continent.

The realization of the plan for uniting the two great oceans by a canal across the Central American Isthmus between Costa Rica and Nicaragua seems near at hand, and if, as it is reasonable to hope, the execution of the same is speedily decided upon, the northern section of the Intercontinental Railway will thereby greatly increase in importance.

At the Second International Conference, held in Mexico from October, 1901, to January, 1902, it was resolved to ratify the resolutions of the first conference, held in Washington, and to recommend, among other things, that the Government of the United States of America initiate, by means of the diplomatic representatives of the American Republics accredited in Washington, the measures most appropriate for the sending, within a year, of commissioners to report upon the railways already completed and the concessions that the respective governments will grant for the construction of a continental railway.

At the present time this idea is greatly favored, and it can be expected that with a new impulse it will soon become an accomplished fact.

May it be so for the welfare of the American Republics.

J. B. Calvo.

Washington, D. C. , April, 1902 .

our duty toward central america.

At every recurring family quarrel taking place regularly within relatively short periods among our Central American friends and neighbors, the question “What is to be done with Central America?” presents itself to the average observant, thinking American, and no satisfactory solution of the problem can be found in any utterings of the country’s press.

To be sure, a Central American union or confederation suggests itself immediately in considering the question as the only rational remedy to be sought to apply. There is no dispute about the correctness of this—everyone admits it, even the Central American, be he a dweller in Guatemala or Costa Rica, in Salvador, Nicaragua, or Honduras. Yes, it is safe to assume that the highly patriotic desire to bring about such a confederation has been the secret driving spring of many of the fraternal conflicts which have been witnessed for the last seventy-five years.

Why, then, do the many attempts to establish a Central American union prove such abortive failures?

It is because they have their origin in the ambitious spirit of some particular, limited locality for the complete domination of the whole; the other localities resent this, and the result is strife and ultimate failure. It is because the proper foundation is lacking whereon a union edifice may be constructed and rest secure against the undermining influences of local dissensions. This, then, is the first duty of the architect who would undertake to construct a union out of the five separate Commonwealths in Central America.

It is the object of this paper to point out how such a foundation may be constructed on lines which are in keeping with the traditions and avowed policy of the United States Government.

There is nothing new in the proposition; in fact, the ground has already been cleared and the outlines of the foundation traced out, and even the excavation for it started by one of the foremost architects of his time in that line, the late Hon. James G. Blaine.

It is entirely proper, and the present time a fitting opportunity for the constructive activity of our administration at Washington, that this work of laying the foundation for a Central American union be resumed and brought to completion.

There can be no question that the establishment of a “community of interest” among the five Commonwealths of Central America, something which is tangible to the paramount interest of each and every one of them, would offer the best foundation possible for a union.

It is only necessary to point to the project of an intercontinental railway to see how readily in connection therewith such a “community of interest” may be established. A line of railways constructed on the location of the intercontinental railway project, extending from Mexico through Central America, having for its southern terminal the city of Panama, would establish an all-rail communication from the United States to the Panama Canal; certainly a desirable line to have, from whatever standpoint it may be contemplated. And if this railway line is controlled by one corporation (American), in the management of which each one of the five Central American Commonwealths would have an active interest, it would certainly form a naturally broad and firm foundation on which the confederation would surely grow up spontaneously and rest securely for all time to come. It would not only establish a community of interest among the Central American Republics, but it would include in this community the United States and Mexico as well.

A practical line and method of procedure for the accomplishment of the object in view is suggested in the several paragraphs following:

First. A company to be organized under the laws of the United States for the purpose of establishing a through-rail communication from the southern boundary line of Mexico across the countries of Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, and part of Panama to the city of the same name.

Second. The company to recognize and accept as the guiding spirit in shaping its policy the general principles recommended by the committee on railway communications in their report to the International American Conference, and accepted by that body at a meeting held in the city of Washington on the 26th day of February, 1890.

These general principles, as far as they represent a living force, are for convenience sake here reproduced, as follows:

“First. That a railroad connecting all or a majority of the nations represented in this conference will contribute greatly to the development of cordial relations between said nations and the growth of their material interests.

* * * * * * *

“Fifth. That the railroad, in so far as the common interest will permit, should connect the principal cities lying in the vicinity of its route.

“Sixth. That if the general direction of the line can not be altered without great inconvenience, for the purpose mentioned in the preceding article, branch lines should be surveyed to connect those cities with the main line.

“Seventh. That for the purpose of reducing the cost of the enterprise, existing railways should be utilized as far as practicable and compatible with the route and conditions of the continental railroad.

“Eighth. That in case the results of the survey demonstrate the practicability and advisability of the railroad, proposals for the construction either of the whole line or sections thereof should be solicited.

“Ninth. That the construction, management, and operation of the line should be at the expense of the concessionaires, or of the persons to whom they sublet the work, or transfer their rights with all due formalities, the consent of the respective governments being first obtained.

“Tenth. That all materials necessary for the construction and operation of the railroad should be exempt from import duties, subject to such regulations as may be necessary to prevent the abuse of this privilege.

“Eleventh. That all personal and real property of the railroad employed in its construction and operation should be exempt from all taxation, either national, provincial (state), or municipal.

“Twelfth. That the execution of a work of such magnitude deserves to be further encouraged by subsidies, grant of land, or guarantees or a minimum of interest.

* * * * * * *

“Fourteenth. That the railroad should be declared forever neutral, for the purpose of securing freedom of traffic.

“Fifteenth. That the approval of the surveys, the terms of the proposals, the protection of the concessionaires, the inspection of the road, the legislation affecting it, the neutrality of the road, and the free passage of merchandise in transit should be (in the event contemplated by article eighth) the subject of special agreement between all the nations interested.”

(Articles Nos. 2, 3, 4, 13, and 16 are omitted in the above for the reason that the object to which they refer, i. e., the preliminary surveys, has been carried out and accomplished, which makes them at this date a dead letter.)

Third. The company to acquire control, either by lease or purchase, of all such existing railway lines, which will become parts of the main trunk line of the Intercontinental Railway.

Fourth. The company to construct such additional new parts of the proposed railway system as are necessary for the accomplishment of the object in view. The surveys heretofore made under the direction of the intercontinental railway commission to form the basis for future operations in this direction.

Fifth. The Governments of the countries named in paragraph No. 1 to grant the necessary and usual concessions to the railway company, embodying the free right of way through public lands, for the construction of the new parts of the railway through their respective territories.

Sixth. The said Governments to give further material aid for the construction of such new lines in the shape of subsidies and grants of land; in return for which the railway company to issue in favor of each corresponding government a proportionate amount of its capital stock, all as may be mutually agreed upon.

Seventh. The Government of the United States to assure the prompt carrying through of the enterprise by guaranteeing a reasonable minimum of interest on the capital invested in the enterprise.

Eighth. Each of the aforesaid Governments to have the right to name one representative in the board of directors of the railway company. Such representatives to receive a fixed annual salary to enable them to make their residence within easy access of the place of meeting.

Ninth. The principal office of the railway company to be located in the United States at a point in accordance with the requirements of its charter.

A vice-president of the railway company, who shall also be the general manager, to have offices and residence at some convenient city in Central America, with suboffices at the seat of government of each of the countries traversed by the railway.

Tenth. The initial steps for the enlistment of the cooperation of all the countries interested in the realization of the project should be taken jointly by the Government of the United States and that of Mexico.

To show the financial requirements for the realization of the project the following table, furnishing certain data taken from the reports of the Intercontinental Railway Commission, is given:

Intercontinental Railway—Central American Division

Location.	Miles—		Cost for grading, masonry, and bridges.	Average cost per mile.
	Built.	To be built.
Across Guatemala:
Ayutla to Caballo Blanco		26.2	$324,518	$12,386
Caballo Blanco to Santa Maria	84.1
Santa Maria to Rio Paz		60.5	893,536	14,769
Total	84.1	86.7	1,228,054	14,164
Across Salvador:
Rio Paz to near Acajutla		26.5	255,196	9,630
Near Acajutla to San Salvador	64.0
San Salvador to San Vicente		42.2	1,157,433	51,124
San Vicente to San Miguel		62.0	793,104	12,792
San Miguel to Rio Guascoran		36.1	781,901	21,659
Total	64.0	166.8	3,987,634	23,907
Across Honduras:
Rio Guascoran to Rio Negro		71.7	1,108,697	15,463
Across Nicaragua:
Rio Negro to Chinandega		38.0	$598,960	$15,762
Chinandega to Granada	103.4
Granada to Pena Blanca		68.3	907,390	13,285
Total	103.4	106.3	1,506,350	14,170
Across Costa Rica:
Pena Blanca to Liberia		52.5	1,167,430	22,237
Liberia to Boca Savegre		157.5	3,820,000	24,254
Boca Savegre to Rio Golfito		150.0	3,353,487	22,356
Total		360.0	8,340,917	23,169
Across part of Panama:
Rio Golfito to David		59.6	955,353	16,029
David to city of Panama		274.4	4,657,280	17,009
Total		334.0	5,612,633	16,804
	251.5	1,125.5	20,784,285	18,467

By deductions from the data in the table the salient features of the project will appear as follows:

Total length of railway line from the southern boundary of Mexico to the city of Panama will be 1,377 miles, of which 251.5 have been built and 1,125.5 are to be built.

The cost of the new construction of the railway line is estimated by the commission’s engineers for grading, masonry, and bridges at $18,467 per mile. This figure should be augmented by about 12½ per cent to cover contingent, engineering, and administrative expenses, which would bring the average cost in round numbers to $21,000 per mile.

Adding for cost of superstructure, full equipment, and rolling stock the sum of $19,000 per mile, we get the entire cost of the new construction to be $40,000 per mile.

The total cost of the project will then be as follows:

1,125.5 miles new construction, at $40,000	$45,020,000
130 miles of sidings, at $20,000	2,600,000
Widening the gauge of present constructed lines to standard gauge 251.5 miles, at $10,000	2,515,000
Total cost of main line	50,135,000

In addition, two branch lines should have to be constructed, one in Honduras to connect with the capital, Comayagua, length 75 miles, and the other in Costa Rica, to connect with the existing railway line at Alajuela, which connects with the capital, San Jose, the length of which will be about 25 miles, making in the aggregate 100 miles more.^a The construction of these branch lines would have to be estimated at an average cost of $65,000 per mile, owing to the more difficult character of the country encountered in ascending the slopes of the mountain plateaus on which these cities are located. This will swell the total amount of capital required, in round numbers, to $56,000,000.

The Pacific slope of Central America embraces within its confines some of the best and richest agricultural lands of the continent north of the Isthmus of Panama. It is here where most of the coffee, sugar cane, and cocoa plantations of the Central American countries are located; where these products are grown to the greatest perfection. It is here where the fountain of all wealth of these countries is located. This “coffee zone,” as it is generally known, occupies the Pacific slope of Cordilleras between elevations of 1,000 to 5,000 feet above sea level. It reaches its greatest width and unbroken continuity through the western part of Guatemala, where the belt is about 70 miles wide, extending well into the Mexican state of Chiapas. Through the eastern part of Guatemala, Salvador, Honduras, Nicaragua, and Costa Rica the belt, which diminishes and varies in width, is less continuous, somewhat broken by outrunners from the Cordilleras, which show more of an arid character; however, its many valleys possess all the richness of soil and climate of the “Costa Cuca” in western Guatemala. It is through this zone, or rather at the foot of which, the proposed railway line has been located by the intercontinental railway commission. With the intercommunication which this line would afford throughout the length of this zone, there is sufficient traffic in sight from local sources (short-haul freight and passengers) to sustain the life of the railway with decided healthful vigor from the very start, leaving alone any through traffic, which will surely more or less develop from the United States and Mexico to the Canal Zone. The further development of the great natural resources, not only of the “coffee zone,” but of the whole Central American territory, which will surely follow the opening of this line, will insure its prosperity in the near future beyond peradventure.

More, the Intercontinental Railway of Central America will be the key to unlock the gates of the hidden treasure house which nature has so lavishly provided with the products of a most favored zone.

In conclusion, the writer would touch upon another feature, inherent to the project and capable of being developed into an exceedingly strong characteristic of the undertaking.

It is this: The line of the projected railway lies along the foot of the Pacific slope of the Central American Cordilleras. In its course it traverses numerous streams which are fed from the high plateaus of the Cordilleras. The more important of these streams, which are crossed at short intervals, will furnish an abundance of electric power, not only sufficient to operate all railroads existing and to come, but to furnish light and power for every conceivable and needful purpose in these countries.

From the moment that a company composed of the right elements for the purpose in view is organized and negotiations begun, all fraternal strife between the five Central American Republics would cease, their attentions would be directed by their larger sisters of the north to a rising dawn, promising to shed its golden light in common over all. During the construction of the road their surplus energy would be attracted and employed in a work of common interest to all. At the conclusion of the work and the opening of the road there will be general manifestations of congratulations and good cheer and good will toward each other. Once the railway line as a whole is in active operation, the practical unification would be an accomplished fact.

The steel rails of such a line would indeed be veritable bands of steel holding together with an unremitting grip the five Central American States into one of unity, as compared with the fasciated bundle of slender rods with the battle-ax, popularly accepted as the emblem of the ancient device of “In union there is strength.”

Our own interest at Panama, in opening new and extending old trade channels in the existence of peaceful and stable conditions in Central America, combined with our duty toward common humanity, demands that the construction of this first section of the Intercontinental Railway be taken in hand at once. The present time seems opportune indeed for the initial move for the accomplishment of the project; its realization would certainly write another chapter in the history of practical achievements toward the goal of Pan-Americanism.

Theodore Paschke,
M. A. Soc. C. E.

New York , April, 1907 .

[Inclosure 14.]

Remarks made by Dr. Angel Ugarte, of Honduras, when presenting his motion for a general amnesty of political prisoners in Central America, at the session of the conference held on December 5, 1907.

Delegates: From the moment this conference was announced I felt that one of the practical ends that we might attain would be a reconciliation of the Central American family, not alone in their international relations, but in those between our citizens and their respective governments. I think now, as then, that it is time we should show the world a spirit of generous humanity, of conciliation, and of forgetfulness of the bitterness and differences we have had in political life.

Upon the meeting of the conference I had the satisfaction of hearing in this chamber the authorized voice of Ambassador Creel asking from us a declaration, which we made with the greatest satisfaction, that there existed at the present moment no claim of any kind pending between the different Republics of Central America; a declaration which was without doubt a brilliant opening in our labors.

Inspired to-day with the same ideas of fraternity, I think that if it has been possible to terminate disputes between our governments solely by the good will of the public men who preside over the destinies of Central America, harmony between these and their respective citizens could with much greater reason be reestablished. The means by which the noble object can be attained is through a decree in each of our Republics of an absolute and unconditional amnesty for all political refugees and offenders and for offenses connected therewith. Quiet being already established in our countries, the normal course of the work of this conference and public expectation with regard thereto presents a most opportune occasion to accept the proposition which I have the honor to submit, that the conference by acclamation approves the motion authorizing the president of the conference to urge our respective governments to issue such a decree.

I have the well-founded hope and belief that at the close of the conference our brothers of Central America will enjoy complete liberty; and for the greater aid in this step I ask equally that when this motion is approved our honorary presidents, the Secretaries of State of the United States of America and Mexico, be officially advised thereof.

[Inclosure 15.]

Address of Dr. Don Luis Anderson, president of the conference, at the closing session.

When I look back to the day we first met under the roof of the International Bureau of the American Republics—a month ago—and see the work we have accomplished, I feel that all my fears that we would have a long struggle were unfounded. I found that all the Central American delegations came inspired with an earnest and sincere brotherly feeling to accomplish something lasting and of mutual benefit.

It can not be said now, as it was said before, that all our treaties had been written in water, as we intend to show the world, and particularly the Governments of the United States of America and the United Mexican States, for whom our gratitude and that of our peoples for their timely and humane mediation at a difficult moment in our lives shall be everlasting, that our purpose is steadfast, that our good faith has been pledged, and that our names have been written on documents which are the foundation of a new era of peace, happiness, and plenty for the Central American Republics.

All differences, all obstacles, all barriers to our happiness and prosperity have been wiped out and the new Central American brotherhood established upon a sound foundation.

The thanks of the conference are due to the Presidents of our sister nations of the north, at whose friendly advice we have met, and special thanks should be given to the Hon. Robert Bacon, who was Acting Secretary of State at the time of the signing of the treaty of Washington, and to the different Central American legations accredited to the United States, who have shown such zeal and liberal spirit in carrying out the instructions of their respective Governments.

Our gratitude to the honorable the Secretary of State, Mr. Root, and to his excellency the Mexican ambassador, for their untiring efforts on behalf of Central American peace will last as long as our respective countries exist.

We carry within ourselves that pleasant memory, and we will see to it that our countrymen will never forget it—passing it on from generation to generation.

[Inclosure 16.]

Remarks made by the Mexican ambassador at the last session of the conference.

Honorable Secretary of State and Honorable Delegates: The Central American Peace Conference marks in the world’s history two events of great importance. As far as five Republics of the American continent are concerned, it is the happy beginning of a new era. It is the symbol of peace and of justice, to which a noble and generous race is rightly entitled. It is the historic moment when Central America finds the right path, which will lead it on to a prosperous destiny. As far as the world is concerned, it is the organization of an international court which brings hopes for universal peace. Its success must be interesting to all the nations of the globe.

These two causes could not be more noble, more altruistic, more humane. This is the judgment of the Mexican Government.

It is with great pleasure that I am going to read the messages sent to and received from the department of foreign relations. You will find reflected therein the opinion of my Government and its great interest as to the future of the five sister Republics.

ambassador creel to the mexican minister for foreign affairs.

Washington, December 16, 1907.

It is with great satisfaction that I communicate to the department that the Central American Peace Conference has approved the following conventions: A general convention of peace and amity, another creating a high court of justice in Central America, one for extradition; another for yearly conferences to render uniform their monetary systems, tariffs, weights, and measures; another concerning railways, telegraphs, and telephone lines; another relative to a pedagogical institute in Costa Rica; another relative to the Bureau of the Central American Republics in Guatemala. Recommendations were also adopted to grant amnesty to political prisoners. The conventions contain high and equitable principles which will constitute the basis of international law in Central America. The permanent court of justice shall decide all international questions without any exception, and will be the first court of this very high jurisdiction that is to be organized in the world. I congratulate the President and the minister of foreign affairs for their friendly mediation in this good work on behalf of peace and cordial relations.

cable instructions from the mexican minister for foreign affairs to the mexican ambassador.

Under special instructions from his excellency the minister of foreign relations of Mexico, I have the honor to inform the conference that it was with the greatest satisfaction that His Excellency the President of the United States of Mexico heard of the brilliant success attained by this conference; that said chief magistrate considers the organization of a Central American court of justice of great and far-reaching importance, as likewise the spirit of accord, peace, and harmony which has inspired all the acts of the conference and has entered into the very core of their conventions; that he congratulates their excellencies the delegates and through them the peoples and Governments of Central America for their patriotic and intelligent labors, and hopes that peace, ever fruitful and blessed, shall be everlasting and be firmly consolidated in those sisters Republics.

He likewise congratulates His Excellency the President of the United States of America and his distinguished Secretary of State for their noble and altruistic cooperation.

[Inclosure 17.]

Address of the Secretary of State, Hon. Elihu Root, declaring the Central American Peace Conference of Washington closed, December 20, 1907.

I beg you, gentlemen, to accept my hearty and sincere congratulations. The people of Central America withdrawn to a great distance from the scene of your labors may not know, but I wish that my voice might reach each one of them to tell them that during the month that has passed their loyal representatives have been doing for them in sincerity and in the discharge of patriotic duty a service which stands upon the highest level of the achievements of the most advanced modern civilization. You have each one of you been faithful to the protection of the interests of your several countries; you have each one of you exhibited patience, kindly consideration, regard for the rights and feelings of others, and a willingness to meet with open mind the opinions and wishes of your fellow-countrymen; you have pursued the true method by which law, order, peace, and justice are substituted for the unrestrained dominion of the strong over the weak, and you have reached conclusions which I believe are wise and are well adapted to advance the progress of each and all of the Central American Republics toward that much to be desired consummation in the future of one great, strong, and happy Central American Republic. May the poor husbandman who cultivates the fields of your five Republics, may the miner who is wearing out his weary life in the hard labors of your mines, may the mothers who are caring for the infant children that are to make the peoples of Central America in the future, may the millions whose prosperity and happiness you have sought to advance here, may the unborn generations of the future in your beloved countries have reason to look back to this day with blessings upon the self-devotion and the self-restraint with which you have endeavored to serve their interests and to secure their prosperity and peace. With this hope the entire body of my countrymen will join, and with the expression of this hope I declare the Peace Conference of the Republics of Central America, convened in the city of Washington in this year 1907, to be now adjourned.

[Inclosure 18.]

Argument supporting the Honduras project for a Central American union, submitted to the conference by their Excellencies Señor Fiallos, of Honduras; Doctor Bonilla, of Honduras; and Doctor Madriz, of Nicaragua.

observations of his excellency don e. c. fiallos.

Honorable Delegates: Permit me, in relation to the project with which we now occupy ourselves, and which I do not hesitate to consider of vital importance for the future of our peoples, to briefly express some of the ideas that, as a Central American, I hold concerning the bearing the resolutions of this conference must have in order to practically aid and satisfy the noble desires of the mediators who have invited us to deliberate.

From the elevated viewpoint on which we find ourselves united in the shadow of the Capitol of Washington, we can not but contemplate Central America in its important historic and geographic make-up, just as their excellencies the Presidents of the United States and Mexico regard it and as the former Central American statesmen consider it, the patriots who struggled to bequeath us a country, great and respectable, such as the youth, covetous of peace and justice, desires, which clamors for peaceful redemption, for the beneficent evolution so long hoped for in order that the latent energies of progress may be unfolded, and in order to enter into the enjoyment of the fruits of modern civilization.

Thus alone can we properly appreciate in the records of the past the causes that have retarded our progress; thus only shall we be able to find now the desired solution for our future welfare.

During three centuries of Spanish dominion the provinces of the Isthmus remained united under the rule of the captaincy-general of Guatemala. At the opening of the nineteenth century the bonds that united them to the mother country and held them united among themselves being broken, there began the era of discord and fratricidal wars in which we have lived up to the present. If from that time the union of the provinces under a single government had been maintained, Central America would to-day undoubtedly be one of the happiest countries of the earth. But the federation of the Republic could not be effected. Discord opened a broad field for the ambitious of power in each State. And thence it was that the personalist factions and military commands took the ascendency in the destiny of those peoples. In consequence thereof governments have succeeded each other with such notorious irregularity that it is now the rule that governments de facto must be recognized, while they maintain themselves by force, some in defiance of public opinion, or others struggling against unjustifiable revolutions.

It is painful to confess it, but it is useless to attribute to other causes the wars that have afflicted our peoples.

Those which in Central America have appeared to be international wars have been nothing but internal wars of a State that have crossed its borders. The proof of it is that there has not been a single case of territorial conquest or of any indemnity claimed by the conqueror. A stronger proof still is the fact that between two or more sections of the same State there exists profound divisions and political rancors, difficult to blot out, while the peoples of different States treat one another with entire fraternity.

Therefore, if civil conflicts are what have devastated our soil, have consumed our vital energies, have divided our families, and have maintained the constant emigrations, which in their turn have occasioned the armed intervention of neighboring governments, it is in the cause of these strifes that we must seek a radical remedy.

Since the labors of the conference began we had, with merited applause, to note that there were no pending differences to be adjusted between the Governments of the Central American Republics. And for disagreements that may in the future arise, it has already been solemnly stipulated that they shall be decided by means of the high court of justice, whose just and unappealable judgments will maintain perpetual harmony and good neighborly feeling among them for the five Republics.

Given the conditions of respectability and good faith that have concurred in the formation of the treaty relative to the establishment of the court, and no one will dare to doubt but that it must produce the immediate results that are hoped of it. And it can be further assured that, without going out of the purely international sphere of action that has been assigned it, the court will exercise, by the mere fact of its existence, a beneficent influence upon the internal conflicts of each State.

But, proceeding with loyal frankness, we must agree that if it is indeed true that by the creation of that court we have taken a most advanced step toward the well-being and the good name of the countries that we represent, by this step alone we have not assured the positive and fruitful peace of Central America.

The aspiration of our peoples and the earnest desire of the United States and Mexico is that constitutional peace reign over every foot of our soil and not merely along the frontiers; that in the midst of order and harmony we shall busy ourselves in building up our prosperity; that under the protection of the laws we may open the portals to progress in all its manifestations; that we shall inspire confidence and give effective guarantees to foreign capital, so that it may come to develop our tropical agriculture, our mineral deposits, and, opening means of communication, will place us in commercial contact with our neighbors on the north.

Relying on the intimate knowledge we have of the nature of our peoples and of our governors, confirmed by the history of almost a century that we have enjoyed of independent life, we must foresee that in the future serious conflicts will arise in the interior of the States and that until a method of settling them be found by rational and efficacious means they will give rise to new internal strifes.

I admit, of course, that the political problems and internal rule of the Central American Republics ought not to be the subject of present consideration before this assembly, except in so far as this policy and this rule relate to the general peace that we have succeeded in establishing.

In this sense, and obeying impulses of the most sincere patriotism, I make known here the profound conviction that continual political deceptions have rooted in my mind, that the union of the five Republics in one single nation becomes necessary as the only saving means that is to lead our peoples without new obstacles or anxieties along the same path of progress that has led the United States and Mexico to the height of prosperity they now enjoy.

So long as the governing classes of our communities maintain themselves in power in the small Republics and the greater part of the national revenue is consumed in maintaining a grand government personnel and a numerous army, those Republics can not reach the stage of advancement that, by their geographic position and their great natural resources, they should attain, nor will they cease to figure before the other nations in the humble position which to-day they occupy as political entities.

The democratic institutions which we should so much desire to see founded and respected in Central America will continue in danger of being overthrown, so long as the sword of a local chieftain can predominate over law.

Right here we have recognized that danger in making special dispositions relative to political refugees which we still foresee in the future.

We have likewise foreseen the uncertain or arbitrary actions that one Government may commit in its international relations, and we have rejected the union of the other Central American Governments in the presence of such uncertainties.

All of which is going to show the necessity of seeking in the fusion of the five present Republics the establishment of a stable nationality constituted with the elements chosen from all of them; the creation of a great fatherland ruled by a government of true statesmen of Central American patriots who are above the paltry regional influences; who, inspired by the teachings of the great Hamilton, will mark out a healthful and practical course for our compassless politics; who will organize our finances under a rational plan and give a vigor-our impulse to instruction, agriculture, and industry.

It is a very much worn argument that our peoples are not prepared for union. This the separationists have been saying ever since they dissolved the federation some seventy years ago. What the Central American peoples are not prepared for is to live ununited with unlimited autonomy. Tired of fruitless combats, and impoverished by the contributions to so many wars, they would not only receive the union as a saving measure, but it would be perhaps the only cause for which they would fight, if it were necessary, with conviction and enthusiasm, to conquer in favor of the new generations the peace and prosperity they have not been able to enjoy.

The Central American youth is, as you well know, an indefatigable promoter of the federation. To this youth belongs the future, and it should be heard. In its name, and because of a special mission that I hold, I make known here the sentiments that it cherishes in favor of the prompt and glorious reconstruction of the “Republic of Central America.”

E. C. Fiallos.

argued vote of the minority.

Gentlemen of the Conference: The report of the majority of the commission regarding the project of Central American union, which project was offered by the delegation of Honduras and supported by that of Nicaragua, having been submitted to vote, these delegations deem it their duty to lay before the conference their argued vote against said report, so that, according to Article XVI of the rules, it be added to the day’s minutes.

The delegations of Nicaragua and Honduras take this position in obedience to their positive convictions in compliance with special instructions received from their Governments, and in observance of the precept embodied in Article I of their respective constitutions.

It is imperative that on such an occasion as this they should not fail to attest in a public manner their fidelity to an idea, which, as stated in the report laid before the conference, “represents the noblest and grandest aspiration of patriotism.”

This aspiration is not merely an ideal, but is the fundamental basis of our political existence, acknowledged and declared in several of our constitutions, as in Article II of the constitution of Guatemala, in Articles CLI of that of Salvador, and in Article I of those of Nicaragua and Honduras. As to Costa Rica, it is but necessary to turn back to the declaration contained in its constitution of January 21, 1847, which sets forth that Costa Rica forms a part of the Central American nation and will cooperate toward its reorganization in conjunction with the other States. Although that constitution is not now in force, the declaration therein contained is morally subsistent, for Costa Rica has always acknowledged its solidarity with the other Central American States.

In corroboration of this, we need only to recall that scarcely a year ago, at the conference held at San Jose, Costa Rica, presided over by Dr. Don Luis Anderson, a declaration which reflects great credit on the conference was included in the minutes of its third session, as follows: “The contracting governments acknowledge as principles of Central American public international law, among others, the following: II. The community of interests with reference to the sovereignty and independence of Central America, considered as one unit nation.” And in the minutes of the fourth session is the following declaration: “As Central American interests to which (the contracting parties) must devote preferent attention are likewise acknowledged in the following: I. To cooperate with all its efforts toward the peaceful reorganization of the Central American fatherland.”

This happy declaration has been adopted by our conference and accepted as a fundamental principle of our conventions.

In support of our assertion there are many documents that we could adduce. Laws, conventions, messages, reports, proclamations, nearly all our public acts with reference to the general relations of Central America, are inspired in the sentiment of unity, in the consciousness of a common destiny of our peoples, in the aspiration to form with the States now detached a nation capable to assume the responsibility of its destinies in the world.

The text of the report of the majority is as follows:

“The conditions and circumstances existing among the peoples of the Isthmus are not now propitious to immediately decree the national reconstruction which, to be solid and permanent, must be based upon the knitting together of the economic, moral, material, and sociological elements which are to be harmonized. They do not deem it opportune, therefore, that the present conference should consider the proposition for an immediate union of the Central American Republics, but only the measures necessary to prepare in a stable manner for such union by the improvement of communications, the establishment of a coastwise trade, the drawing together of the economic and social interests of the people, the unification of the laws and of taxation and of customs systems, and the encouragement of periodical reunions of Central American conferences representing the five Republics. * * * It is impossible to pass quickly from strife to a peaceful and sincere union.”

Such words, especially the latter ones, seem to denote that our recent discords have left deep resentment in the minds of the Central American peoples. We would deplore that such were the case, that our dissensions should have broken the ties that have linked our destinies in bygone times and that ought to unite them still closer in the time to come. Happily, the undersigned do not entertain such a view, but on the contrary believe, as so ably stated by Mr. Anderson, that “Central American wars have never been armed conflicts between peoples, but between governments,” and now that a reconciliation has been effected, calming down past resentments, circumstances have again become propitious for working earnestly in favor of the national restoration.

The President of Nicaragua, in this regard, has given us a proof which we can not pass in silence. We refer to a cablegram received from him on November 22 last, worded as follows: “To attain union I am ready to relinquish power, if necessary, as I promised President Diaz.” This proof of exalted patriotism needs not our eulogy to extol the name of its author. The Nicaraguan delegation lays it before the conference, so that it may be considered for what it is worth for the present, in order that it may serve as a pledge for the future and that the Nicaraguan people may be judged by the spirit of its ruler.

Moreover, the President of Honduras has made the same promise, through his delegation, as stated in the project submitted to the conference in the second session of November 18 last.

A grievous error is committed in holding that the organization of a nation and the framing of its constitution require uniformity between the parts as a whole. Nothing is more inexact. In contradiction of such an opinion we have a very notable example, viz, that of the Constitution of the United States of America. History records what took place in the Philadelphia convention of 1787; that the States of the first Confederation were at variance on details of vital moment. There was among them opposition of interests, of political tendencies and reciprocal jealousies in matters of predominance. Some States had their social status organized according to democratic principles; in other States a powerful aristocracy reigned supreme; some were agriculturists; others were devoted to industrial pursuits; some favored slavery, and others had marked aversion for it. There existed real moral antagonism, as a writer says, between the institutions of the South and those of the North, and it suffices, to judge the magnitude of this discord, to remember that nearly a century later the question of national union had to be settled by recourse to war.

Notwithstanding this fact, the Philadelphia convention did not entertain the same opinion as our committee. Believing that all those differences were not incompatible with the political union, it devoted its efforts to find a rule of law to harmonize all opposing tendencies, systems, and interests, and to attain the prevalence of the Union over all opposition. This rule happily established, after constant and patriotic efforts, is the celebrated Constitution which has given to the world the greatest republic in history.

What differences can there be more essential than those of race, tongue, and religion? Nevertheless Switzerland, which has different races, tongues, and religions, is one of the best organized and freest countries in the world.

It is not necessary to make the laws of the States uniform to prepare the union, as insinuated in the report of the majority. In Switzerland each Canton has its code; in the United States of America there can be no greater variety than is found in the individual legislations of the States. And it must be borne in mind that in both countries the laws are linked with and emanate from the customs, while we have no legislation of our own and endeavor to assimilate the foreign laws which we have adopted.

When the report of the majority mentions the “drawing closer * * * of the sociological elements which must be harmonized” it surely can not wish to imply that our five aggroupments differ considerably in the nature and constituents of their sociological elements, because such an assertion would be an obvious error needing no refutation. But if by sociological elements it is meant to refer to the States as different entities we believe that the closeness of one another is such that it sometimes goes beyond what it ought to be. Without reference to peaceful intercourse, even in armed contests frequently the flags of more than one State are blended. When at one time Nicaragua’s independence was imperiled all the armies of Central America, that of Costa Rica being foremost, hastened to defend it. On another occasion the territorial integrity of Nicaragua and Honduras was threatened on the Mosquito coast, and Salvador made a common cause with those States and ran the same risk.

There is a phenomenon to which we call the attention of those enabled to value it rightly. Sometimes the ardor we show in our contests is of so violent a nature that it might appear that an implacable enmity would separate us forever; but as soon as word of peace is uttered we recognize each other as brothers. No territorial conquests have ever taken place in Central America—no war indemnities or humiliating satisfactions imposed by one people upon the other as an abuse of victory. As soon as a change is effected in the government staff, which invariably is the motive of our invasions, the conqueror returns satisfied to his domicile without ever demanding, as compensation for the blood and the property expended, anything more than the intimate friendship of the new ruler it has installed in power.

In our wars a rule has been observed which should be mentioned because it confirms our idea. The invader of a neighboring State, as soon as he enters the territory of the unfriendly government, organizes a revolutionary government and declares himself its ally. This practice ought to be abolished, because it is harmful; but the idea it implies must be acknowledged, as it is not to hurt the feelings of the invaded State, showing that the armed contest is only aimed against the government.

It can not be denied that in the temperament of the Central American peoples there exists—and we say it with satisfaction and even with pride—a feeling of brotherly love which prevails above all animosities and makes us forget in an instant the most painful recollections. Far from believing that it is not possible to pass rapidly from strife to a sincere and peaceful union, we are convinced that the moral union of the Central American peoples has always existed, even in the midst of the most passionate contests of their Governments.

When the report of the majority mentions the need of drawing closer the means of communication between the States, to prepare them for the union, it implies that it is impossible for the present, due to the great distances which separate us and the lack of rapid and safe means of communication.

A noted author, referring to Mexico, says that in 1880 there were not over 600 kilometers of railroads in that Republic. Mr. Calvo, in his article published in pamphlet form by this conference, states that the Central American railway lines aggregated in 1902 about 1,000 miles, and he adds a footnote that since then the increase in mileage in Central America has been considerably increased. So that within a lesser area we have more than double the amount of railway lines than existed in Mexico in 1880.

It is well known that our principal cities are connected by rail with the sea-coast and the ports are in frequent communication. To-day the distance between Guatemala City and San Jose, Costa Rica, is covered more quickly and easily than from the former to the capital of the Department of Peten; than from Tegucigalpa to Trujillo; than from Managua to Cape Gracias a Dios; and these long distances between the cities of one State and its capital are not an obstacle to the Government extending its influence to them, to maintain order, and further the national development. The telegraph transmits rapidly the influence of the Government to all parts of the country, and in the furthermost regions a special center of authority can easily be established with power to maintain order, as Nicaragua has done on the Atlantic coast with the Blue-fields intendancy.

Furthermore, to extend and improve the means of communication, to make more effective the work of the Government, does not seem an impossible or even difficult task. The important motion of the Costa Rican delegation concerning the Central American Railway induces us to entertain this opinion. “It is not only,” says the motion, “a need of which we are all aware (that of the railroad), but it can be carried into execution without an expenditure of greater effort than is fortunately at our disposal.”

This being a fact, we believe that Central America could construct its railroad, if united, in half the time that it could if divided. It would be a more imperative need for the National Government than it is now for the sectional Governments. On the other hand, no one will doubt that it will be easier to secure the necessary funds for this work under the auspices of a government which would give a better guaranty for the peace, credit, and responsiblity of the nation than under the present circumstances, which do not inspire sufficient confidence in foreign capital.

The importance of this matter impresses us with the duty of considering it in its principal features, and therefore we ask the indulgence of the honorable committee in case we should go beyond what it meant in its report.

Those opposed to the Central American union have often asserted that its greatest enemy is the desert—that is to say, the scattering of a meager population over an extended and uncultivated territory.

According to data prepared by the International Bureau of the American Republics it is evident that in comparing the Central American States with some of the countries of this continent we find that Central America has a total area of 426,975 square kilometers and a population of 4, 118,977 inhabitants, which gives a population of 9.6 inhabitants to the square kilometer. The Argentine Republic has 1.7 inhabitants to the square kilometer; Brazil, 1.94; Chile, 5.03; Mexico, 6.87; and the United States, 10.25. It is to be seen, therefore, that the relative population of Central America is larger than that of the principal nations of this continent except the United States. With regard to the existence of large tracts of waste and unsettled lands, Central America does not possess such lands to a greater extent than the United States, the Argentine Republic, or Brazil.

It is a fact worthy of note that the less peopled regions of Central American countries have always been the most peaceful. Appealing to history, let us investigate in which places there has been more agitation. We find it in Guatemala in the Departments of the west, center, and east; Alta Verapaz, Peten, and Izabel have been peaceful. In Salvador, Santa Ana, San Salvador, and Sonsonate have been prominent factors in civil strife. The eastern part and Chalatenango have been peaceful. In Honduras, Tegucigalpa and the southern and western Departments have been turbulent and the rest peaceful. In Nicaragua, Leon, Managua, and Granada have been warlike; Matagalpa, Segovias, and Chontles have been peaceful. Costa Rica has been spared disturbances in recent years, but in former times, when discord agitated its people, Cartago, San Jose, Heredia, and Alajuela were warlike factors. We can state, therefore, without fear of error, that the wilderness is peaceful and is not an obstacle for the union of the Central American peoples.

It must also be recollected that we Central Americans have conquered, to a certain extent, the desert, because the peoples living on the Pacific slopes—where our population has attained the greatest density, where our greatest interests and the political power of the States are centered—have such easy and rapid means of communication, as we have already said, that the functions of the National Government could be freely exercised.

In opposition to the opinion that we are fighting we assert that our people need the union in order to conquer the desert, arid we beg leave to quote a historic case. In the year 1887, under the administration of Don Evaristo Carazo, in Nicaragua, a treaty was signed between the Republics of Nicaragua and Costa Rica, in which it was provided that the first named granted to the second the right of free commercial navigation in all the waters of the San Juan River and the Lake of Nicaragua, and the second undertook, in return, to permit the use of the waters of the Colorado River for the improvement of the lower San Juan and the San Juan del Norte Bay, which were obstructed to a great extent, and to contribute to a considerable part of the outlay to be incurred in the enterprise. The separatist spirit was interposed, the convention was not approved by the Nicaraguan Congress, and both Nicaragua and Costa Rica lost the lower San Juan and the Bay of San Juan del Norte. This is a case in which separation has maintained, or rather created, a desert, as it has ruined the chance of improving the most important commercial waterway of former times in Central America.

The propriety of a speedy union of our peoples is dependent upon the urgent necessity felt in Central America to put a stop to a political status which, during a period of nearly seventy years of our separation, has been insufficient in a definite manner to have order, peace, and liberty enforced by a truly democratic government; that has been unable to establish on solid basis the credit of Central American countries and to impart full confidence to foreign capital, to bring immigration to our shores, and to raise the moral level of the masses, schooling them in the exercise of their rights, and giving them object lessons of the respect due to law and the principles of justice.

We hope that the establishment of the Central American court of justice, agreed upon in the most important of our conventions, shall for the time being be the key to our political structure and shall remedy to a great extent our evils and shall prevent war in future. We believe, however, that it does not sufficie to satisfy the sentiment and aspirations of the Central American people, and that within a short time it will be felt, through the free trend of opinion and through the obvious relation of our public needs, how essential is a more intimate and complete amalgamation.

We have confidence in peace, but we would like something superior to a peace purely material—diplomatic, if we may be permitted to call it such; we desire to check the moral strife engendered by jealousies and mutual distrust of the governments which prevent “the generous and effusive expansion of the Central American States,” as Uribe said.

We agree that sometimes nothing can be more detrimental than impatience; but excess of patience in the presence of acute and persistent evils—prudence which always hesitates and never decides the “status quo” at a time when all is in motion and agitation around us—are not less detrimental to men and peoples.

We shall never be able to awaken in our countries an energetic feeling of duty, an active spirit of progress, that confidence in self-effort which, for men and peoples, is the surest guaranty for great victories, if we begin by undervaluing them before the eyes of the world, by saying that they are incapable of doing what other peoples have done, and that a community of more than 4,000,000 inhabitants, possessing an exceptional territory, on account of the treasures with which nature has endowed it, is not in a position to constitute a stable and respectable nation.

We do not intend to criticise the report which occasions this vote. We only wish to state to the conference that we are convinced that it is possible, at present, to effect a radical change in Central America which may improve our condition and infuse into our social and political status new life, more in accord with democratic tendencies and the principles of civilization and humanity.

Convinced in this sense, the delegations of Nicaragua and Honduras regret to differ in opinion from the honorable colleagues who have signed the report of the majority subject to vote, and deferring to the good faith in which they act, we deplore that we can not avail ourselves of such a propitious occasion as that offered by the meeting of the conference to carry into execution the work upon which depend our destinies and without which we will not be able to be happy nor to prevent evils the magnitude of which we can not at present foresee.

We repeat it, the delegations of Nicaragua and Honduras vote against the report of the majority.

• José Madriz.
• Luis F. Corea.
• P. Bonilla.
• E. C. Fiallos.
• Angél Ugarte.

Washington, D. C. , December 18, 1907 .

1. This refers to the declaration made by the five Republics in the first session of the conference, that they had no claims to present against each other.
2. Reference is intended to the treaty contemplated to be signed should the proposed Honduras plan be adopted by the conference.
3. For rules see page 21.
4. The text of this article was corrected by an additional Protocol of the same date, so that the true text will be found on p. 701.

5. Since that time considerable progress has been made in the extension of the railroad lines in Costa Rica, Guatemala, Nicaragua, and Salvador.

   The Guatemalan Railway to Puerto Barrios, on the Carribbean Sea, runs so near the Salvadorean frontier that very soon the two countries will connect their lines, thus aiding in a most substantial way the progress of the Central American Railway.

6. As regards Costa Rica, it is to be observed that the construction of the railroad from San Jose, the capital, to Puntarenas, on the Pacific coast, is now almost finished, and that in a few months traffic will be opened thereat, thus completing the Costa Rican Interoceanic Railway between said port of Puntarenas and Port Limon, on the Caribbean Sea.—J. B. C.