File No. 822.124/190.

The American Chargé d’Affaires to the Secretary of State.

No. 57.]

Sir: Referring to my despatch No. 56 dated February 6, 1912, I have the honor to enclose herewith copy of note No. 174 from the Ecuadorian Foreign Office, dated February 8, 1912, together with translation, transmitting to this Legation a memorandum, copies and translation enclosed, of proposed bases for a convention or protocol for the sanitation of Guayaquil.

I have [etc.]

Rutherfurd Bingham.
[Page 424]
[Inclosure.—Translation.]

The Minister for Foreign Affairs to the American Minister.

No. 174.]

Excellency: In accordance with the understanding in the conferences which I have held with your excellency touching the necessity of procuring as soon as possible the sanitation of the city of Guayaquil in respect to the yellow fever and the bubonic plague, it gives me pleasure to send to your excellency the bases for a convention between my Government and that which your excellency so worthily represents, in order to satisfactorily arrange for this pressing necessity.

I renew [etc.]

C. R. Tobar.
[Subinclosure.—Translation.]

Proposed bases for a convention or protocol for the sanitation of Guayaquil.

The Governments of Ecuador and of the United States of America, animated by the desire that there be extinguished as soon as possible in the city of Guayaquil the two principal diseases that at present make that place dangerous, isolating it in a certain manner from universal commerce and preventing the flow to it of immigrants and travelers to increase its wealth, have agreed to celebrate a treaty, for which purpose they have named their plenipotentiaries, to wit: H. E. the President of the Senate, in charge of the Executive Power of Ecuador, Doctor Carlos R. Tobar, Minister of Foreign Relations; and H. E. the President of the United States of North America, Mr. _._ _ _ _ _ _ _ _ _ _ _ _ _ _; who, after having exchanged their respective full powers which were found to be in proper form, have agreed to the following articles:

  • Article 1. The Government of the United States of North America agrees to take charge of all the works looking to the extinction in the city of Guayaquil of the two diseases yellow fever and bubonic plague, under the direction of Colonel William C. Gorgas, with which object the Ecuadorian Government authorizes it:
    (a)
    To bring to Ecuador a corps of doctors, assistants, foremen of gangs, etc., who will take charge of all cases, without exception, of yellow fever and bubonic plague, of the prophylaxis, and of everything concerning the extinction of said diseases;
    (b)
    To formulate, with reference to the two mentioned diseases, the regulations and ordinances concerning sanitation that must be obeyed by the inhabitants of Guayaquil and even by the authorities; which regulations and ordinances will be approved by the Executive Power of Ecuador.;
    (c)
    To exact proper compliance with the mentioned regulations and ordinances; and
    (d)
    To construct two hospitals, one destined for cases of yellow fever and the other for bubonic plague; and to make the other expenditures necessary, as disinfectants, drugs, instruments, wire netting, tools, fixtures, materials, etc., appropriate for combating the diseases referred to.
  • In case of the disability of Colonel Gorgas, the Government of the United States will designate an equally competent person to replace him.
  • Article 2. The period of time that the Government of the United States shall have for the sanitation of Guayaquil within the terms of the previous article is three years.
  • Article 3. For the expenditures that the before mentioned works and constructions demand, the Government of Ecuador will put at the disposal of that of the United States the sum of five hundred thousand dollars; three hundred thousand dollars the first year and one hundred thousand dollars each of the two following years.
  • Article 4. This convention does not include the execution of any work concerning the increase of the water supply, the sewerage or the paving of the city of Guayaquil, but, as has been expressed in the previous articles, the extinction of yellow fever and the bubonic plague. The sanitation of the city with reference to other diseases that are not those mentioned will remain in charge of the Government of Ecuador.
  • Article 5. The present treaty will be ratified by the Governments of the two contracting powers in the form that their respective laws provide, and the exchange of ratifications will be effected in Quito or in Washington within the shortest possible time.