File No. 422.11G93/713a.

The Secretary of State to the American Arbitrator, the Honorable A.L. Miller.

Sir: Referring to the certified copies of correspondence with which you have been furnished in relation to your mission as Arbitrator in the arbitration between the Government of Ecuador and the Guayaquil and Quito Railway Company, I beg leave particularly to advert to the note of the Ecuadorian Minister at Washington of the 8th of August last3 in which it is stated that, the Arbitrators having been named, they need only present themselves at Quito and take possession of their offices before the proper Ecuadorian judge; that by so doing they will become an arbitral tribunal independent of every authority or court of Ecuador or of the United States; and that, being amiables compositeurs, they are not obligated to apply the laws of any nation to reach a decision but must be inspired solely by the dictates of justice and equity according to their conscience and best knowledge and judgment, taking as their bases the antecedents of the case.

In taking possession of their office before the proper Ecuadorian judge, as the Minister’s note indicates, it is supposed that the Arbitrators will be required to make or sign a declaration or oath. If this be so, it is assumed that the oath will in substance provide, substantially in the language of the Minister’s note, that they are to be governed by the dictates of justice and equity according to their conscience and best knowledge and judgment, taking as the basis of their action the antecedents of the case.

The Department also deems it proper to call particular attention to the telegraphic note of the Minister of Ecuador of the 28th of October4 [Page 275] in which, referring to the phrase “juicio final” in his note of the 8th of August, he states that this phrase means an unappealable judgment, and that he had received from his Government a cablegram saying, “Congress empowers Executive to accept unappealable award.” The Minister then observes that, every difficulty having been removed, it is hoped that you will be instructed immediately to proceed to Ecuador in the discharge of your duties. The Department, as you will observe, replied on the 30th of October4 acknowledging the Minister’s communication and saying that you would be requested immediately to proceed to the discharge of your duties.

I am [etc.]

For the Secretary of State:
J. B. Moore
.