By the President of the United States of America.
A PROCLAMATION.
Whereas an arbitration convention between the United States of America and the Republic of Ecuador was concluded and signed by their respective plenipotentiaries at Washington, on the seventh day of January, one thousand nine hundred and nine, the original of which convention, being in the English and Spanish languages, is word for word as follows:
The Government of the United States of America, signatory of the two conventions for the pacific settlement of international disputes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Ecuador, adherent to the said convention of July 29, 1899, and signatory of the said convention of October 18, 1907, taking into consideration that by Article XIX of the convention of July 29, 1899, and by Article XL of the convention of October 18, 1907, the high contracting parties have reserved to themselves the right of concluding agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have authorized the undersigned to conclude the following convention:
[Page 437]Article I.
Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two contracting parties, and which it may not have been possible to settle by diplomacy, shall be referred to the permanent court of arbitration established at The Hague by the convention of the 29th July, 1899, for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two contracting States, and do not concern the interests of third parties.
Article II.
In each individual case the high contracting parties, before appealing to the permanent court of arbitration, shall conclude a special agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the arbitral tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Ecuador shall be subject to the procedure required by the constitution and laws thereof.
Article III.
The present convention is concluded for a period of five years and shall remain in force thereafter until one year’s notice of termination shall be given by either party.
Article IV.
The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Ecuador in accordance with the constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the convention shall take effect on the date of the exchange of its ratifications.
Done in duplicate, in the English and Spanish languages, at Washington, this seventh day of January, in the year one thousand nine hundred and nine.
Elihu Root. [seal.]
L. F. Carbo. [seal.]
And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington, on the twenty-second day of June, one thousand nine hundred and ten.
Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
[Page 438]In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
By the President:
P. C. Knox,
Secretary of State.