Treaty Series No. 622]

By the President of the United States of America

A PROCLAMATION

Whereas a Treaty between the United States of America and the Republic of Ecuador looking to the advancement of the cause of general peace, was concluded and signed by their respective Plenipotentiaries at Washington on the thirteenth day of October, one thousand nine hundred and fourteen, the original of which Treaty, being in the English and Spanish languages, is word for word as follows:

The Governments of the United States of America and of the Republic of Ecuador, being desirous of once more contributing to the consolidation of their traditional policy of peace and amity and also to advance the diffusion of the spirit of universal peace, have resolved to enter into a special treaty and to that end have appointed as their plenipotentiaries:

The President of the United States of America: The Honorable William Jennings Bryan, Secretary of State; and

The President of the Republic of Ecuador: Señor Dr. Don Gonzalo S. Córdova, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Ecuador to the United States of America;

Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles:

Article I

The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, and which it has not been possible to adjust through diplomatic methods, be referred for investigation and report to an International Commission to be constituted in the manner prescribed in the following article. And they further agree not to declare war or commit any act of hostility against each other, during such investigation and before the report is submitted.

[Page 258]

Article II

The International Commission mentioned in the preceding article shall be composed of five members, to be appointed as follows: Each Government shall appoint two members, one of whom shall be a citizen of the country whose government appoints him, and the other a citizen of some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either of the two contracting countries. In case of disagreement regarding the appointment of the fifth member, the two Governments shall request the President of the Swiss Confederation to choose such member. Said fifth member shall be of right the President of the International Commission.

Each Government shall have the right to revoke the appointment of either or both of the members chosen by it, at any time before the investigation is begun, but must appoint his or their successors at the time his or their appointments are revoked. If the fifth member be chosen by common agreement between the High Contracting Parties, they may also at any time before the investigation is begun, withdraw their approval, but shall in such case come to an agreement within the next thirty days as to the appointment of a successor or request the President of the Swiss Confederation to make such appointment. Vacancies due to other causes than those enumerated in this article shall be filled in the manner established for the original appointment, and the new appointments shall not be delayed more than fifteen days from the date on which notice of the vacancy was received. The International Commission shall organize within six months after the exchange of the ratifications of this treaty, and shall report its organization to both Governments on the same date. It shall prescribe the rules of practice to be observed in the discharge of its mission, and shall also designate the place where the investigations are to be conducted. The expenses of the Commission and the compensation of its members shall be paid by the two contracting Governments in equal proportion.

Article III

In case the High Contracting Parties shall have failed to adjust their disputes by diplomatic methods, they shall at once be referred to the International Commission for investigation and report, and either of the two interested governments may make the respective reference. The High Contracting Parties agree to furnish the International Commission with all the facilities which it requires for the proper discharge of its trust, and it shall complete its investigation and submit its report within a period of one year from the date on which it shall declare its investigation to have begun. If for reasons of force majeure it shall not have found it possible to complete its investigation or submit its report within the said period, it may be extended for six months more, if the High Contracting Parties agree in this respect. Upon the submission of its report by the International Commission, or if for any reason whatsoever no report is submitted within the term fixed in this article, the High Contracting Parties reserve the right to act in the subject matter of the investigation and report as their respective interests may demand.

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Article IV

The present treaty shall be ratified by the respective Governments in accordance with the provisions of their respective constitutions, and the ratifications shall be exchanged as soon as possible.

This treaty shall continue in force for five years from the date of the exchange of ratifications and if notice of an intention to terminate it is not given by one of the Contracting Parties to the other one year before the termination of this period, it shall be considered as renewed for another year, and so on successively. A strict and faithful observance of the preceding article is entrusted to the honor of the signatory nations.

In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals.

Done in Washington on the 13th day of October, in the year of our Lord nineteen hundred and fourteen.

[seal] William Jennings Bryan
[seal] G S Córdova

And whereas the said Treaty 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 January, one thousand nine hundred and sixteen;

Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said Treaty 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.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.


[seal]
Woodrow Wilson

By the President:
Robert Lansing,
Secretary of State