On April 13 last a convention was signed leaving to arbitration tae
differences between Peru and Colombia. Copy of this convention and
translation are inclosed, marked Nos. 1 and 2.
This convention has been received with marked disfavor by the masses
here.
As reported in my cable of April 11 last, on that day I received a note
from the foreign office requesting a conference with me at the ministry
that afternoon at 3 o’clock. On going there Dr. Calderon stated that he
wished to talk with me about the proposed mediation [Page 447] of the United States between Peru and
Ecuador, and asked me if I had been informed on this subject by my
Government. On my stating that I had no information whatever as to that
matter he replied that he had, and that he wished the Government of the
United States to know that Colombia had great interests in the region in
question (the Putumayo), claims that conflicted with those of both Peru
and Ecuador. He then went at some length into the history of this region
and concluded by requesting me to transmit to my Government, by cable if
possible, his statement as to Colombia being interested. This I promised
to do and did so at once.
[Inclosure—Translation.]
Convention of April 13 concluded between
Colombia and Peru.
[An amendment of that concluded Apr. 21, 1909.]1
The Government of the Republic of Colombia and that of the Republic
of Peru, desirous of fulfilling and amplifying the stipulations of
article 10 of the diplomatic convention of amity and arbitration,
concluded at Lima on the 21st of April, 1909, have resolved to
conclude a convention which shall faithfully interpret its
intentions. For which purpose they have duly authorized their
respective plenipotentiaries, to wit, the President of the Republic
of Colombia to Senor Dr. D. Carlos Calderon, minister for foreign
affairs, and the President of Peru to Senor Dr. Ernesto de Tezanos
Pinto, envoy extraordinary and minister plenipotentiary of said
Republic at Bogota, who have agreed upon the following:
Article I.
The Governments of Colombia and Peru agree to constitute, by means of
this convention, a mixed international commission whose duty it
shall be—
- 1.
- To fix the amount of the pecuniary indemnity which one of
two countries shall pay to the other for damages which the
authorities or citizens of the one country may have
inflicted upon persons or property of the other country in
the region included between the Caqueta and Amazones Rivers,
up to the time of the date of this convention.
- 2.
- To determine the cases in which, in accordance with the
laws of the respective countries, report shall be had to
judicial investigation undertaken for the prosecution and
punishment of the individuals responsible for punishable
acts committed in the same territory and at the same
time.
Article II.
The mixed commission shall meet at Rio de Janeiro and shall be
composed of a delegate named by the Government of Colombia, another
named by the Government of Peru, and of a referee, who shall be his
excellency Senor Baron de Rio Branco, present minister of foreign
affairs of the United States of Brazil, who shall preside in case of
acceptance of the post.
Article III.
The Governments of Colombia and Peru shall request his excellency
Senor Baron de Rio Branco to accept the post of referee in the mixed
international commission, to which this convention refers, and in
case he be unwilling or unable to accept the post the two
Governments shall apply to his excellency the Minister of Great
Britain at Rio de Janeiro for the same purpose. In case the British
Minister also excuses himself from accepting they shall request his
excellency the minister of the German Empire at Rio de Janeiro to
occupy the post, and in case he also be unable to accept, the
referee shall be named by mutual agreement of the delegates of
Colombia and Peru at the time when they begin to exercise their
functions as members of the mixed commission.
[Page 448]
Article IV.
The referee shall be president of the mixed commission, and his vote
and opinion shall be decisive in case of failure of the two other
members of the commission to agree.
Article V.
The mixed international commission shall meet within four months
after the date of the signature of the present convention and shall
be empowered to send committees appointed by it to such points as
may be considered necessary for the purpose of obtaining trustworthy
information to illustrate their criterion and to serve as a basis
for a verdict with full knowledge of the suit.
Article VI.
The Governments of Colombia and Peru may present to the commission
every variety of exhibits, reports, allegations of evidence and
counter evidence and defend their case orally and in writing with
entire liberty during the period which the mixed international
commission shall set for that purpose.
Article VII.
During a period of four months after the expiration of the time set
for the presentation of allegations, replies and counter replies,
evidence and counter evidence for the parties, the mixed commission
shall hand down its decision for the determination of the suits in
which resort shall be had to the judicial investigations, referred
to in paragraph 2 of Article I.
Article VIII.
During the same period of four months the mixed international
commission, in it arbitral decision, shall fix the amount which, in
accordance with paragraph 1 of Article I, one of the two Governments
must pay to the other as an indemnity in favor of individuals who
may have suffered material or personal damages as the result of
punishable acts, and in favor of the families of the victims of such
acts.
Article IX.
Such payments shall be quoted in English gold and be liquidated in
that currency in the capital of the country condemned to pay, not
later than four months after the date of the decision handed down by
the mixed international commission.
Private individuals having resort to the decision of the mixed
commission for indemnification for damages suffered shall virtually
renounce the right to claim fresh indemnification for the same
causes from the Government which shall have settled the original
claims.
Article X.
The mixed commission, after the completion of its task, shall
communicate its decision to the respective Governments, in order
that, after prosecuting the criminal cases which may have arisen,
they may, in accordance with the laws of the respective countries,
impose upon the guilty the penalties exacted by the said laws.
To determine which of the two Republics may be responsible in each
case for the prosecution and punishment of the guilty the mixed
commission shall observe the following rules:
- 1.
- It shall be the duty of the tribunals of each of the two
Republics to be cognizant of offenses committed by their
functionaries or public employees in the exercise of their
duties.
- 2.
- It shall likewise be the duty of the tribunals of each of
the two Republics to be cognizant of offenses committed by
chiefs, officers, or soldiers, of their army or by the
commanders, officers, or crews of their ships of war or of
ships employed in that service.
- 3.
- To be cognizant of offenses committed by private
individuals shall be the duty of the tribunals of the
Republic in which the offense was committed.
In case the offense took place in territory disputed by both
Republics the commission shall decide which of the two is
responsible for being cognizant, taking into account to such end
solely which of the two Republics held constitutional authority in
said territory. But if the responsible party be present in a spot in
possession of the country of his origin at the time when the mixed
commission decides to which jurisdiction [Page 449] he must be submitted, he shall be judged in
accordance with the laws of that country. Nationals of a third
country shall be judged by the judges of that country in which they
happen to reside after the signing of this convention. If the
offenses took place in territory in which neither of the contracting
parties held constitutional authority at the time, it shall be the
duty of the tribunals of the country to which the accused
individuals belong to be cognizant of such offenses.
The stipulations of this article do not imply on the part of one of
the contracting Republics a recognition of jurisdiction exercised by
its neighbor in disputed territory for other purposes than for those
necessary for the carrying out of the arbitral award.
Article XI.
The decision of the mixed international commission shall be definite
and nonappealable, and shall take effect upon the date of its
signature.
The said decision shall be communicated to the legations of both
countries at Rio Janeiro, and in default of this to the respective
Governments.
Article XII.
The Governments of Colombia and Peru shall arrange and pay the
salaries of their respective arbitrators, and shall jointly agree
upon that of the referee. This last salary as well as other expenses
of the mixed commission shall be equally divided and shall be paid
by both Governments within the period of three months after deciding
all questions submitted to the decision of the mixed commission.
Article XIII.
This convention shall be considered as an amendment of that concluded
at Lima by his excellency the envoy extraordinary and minister
plenipotentiary of Colombia at that city and the Peruvian minister
for foreign affairs on April 21, 1909, and shall take effect from
and after the date of its signature.
In faith of which they sign the
present convention in duplicate at
Bogota, the 13th of April, of
1910.
- Carlos Calderon.
- E. de Tezanos Pinto.
