Treaty Series No. 627
By the President of the United States of America
A PROCLAMATION
Whereas a Treaty between the United States of America and the United States of Brazil looking to the advancement of the cause of general peace was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty-fourth day of July, one thousand nine hundred and fourteen, the original of which Treaty, being in the English and Portuguese languages is word for word as follows:
The Governments of the United States of America and of Brazil being desirous of giving another manifestation of the old friendship that binds the two countries together, and being united in the purpose of promoting the progress of civilization through peace, have resolved to enter into a special treaty for the amicable settlement of any future difficulties which may arise between the two countries, and for that purpose have appointed as their Plenipotentiaries:
- The President of the United States of America, Mr. William Jennings Bryan, Secretary of State; and
- The President of the United States of Brazil, Mr. Domicio da Gama, Ambassador Extraordinary and Plenipotentiary;
Who, duly authorized, have agreed upon the following articles:
Article I
The Two High Contracting Parties agree to submit to a Permanent International Commission, for investigation and report, all disputes that may arise between them concerning questions of an international character which cannot be solved by direct diplomatic negotiation, and which are not embraced by the terms of any treaty of arbitration in force between them; and they agree not to declare war or to begin hostilities pending the investigation and report of said Commission.
Article II
The Commission mentioned in the preceding Article shall be composed of five members each appointed for five years, as follows: Each Government shall designate two members, only one of whom [Page 44] shall be of its own nationality. The fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not belong to any of the nationalities already represented in the Commission.
The fifth member shall perform the duties of President.
Either Contracting Party may remove at any time, before investigation begins, any commissioner selected by it, appointing his successor on the same occasion. Likewise, each Government shall also have the right to withdraw its approval of the fifth member; in which case the new fifth member will be appointed within thirty days following the notification of the withdrawal, by common agreement between the two Governments, and failing this agreement, the President of the Swiss Confederation shall be requested to make the appointment.
The expenses of the Commission shall be paid by the two Governments in equal proportions.
The Commission shall be constituted and shall be ready for business within six months after the exchange of ratifications of the present treaty.
At the expiration of each period of five years, the Commissioners may be reappointed or others may be substituted for them.
Any vacancy shall be filled in the same manner as the original appointment.
The Commission shall make its own rules of procedure.
Article III
In the case of failure to agree upon the diplomatic solution of a dispute concerning a question of an international character, the Two High Contracting Parties shall submit it to said Commission, for investigation and report. The convocation of the Commission may be made by either Contracting Government. The Commission shall by preference sit in the country in which there are the greater facilities for the study of the question, and the High Contracting Parties shall furnish all the means to that end. The report of the Commission shall be presented within a year counted from the date at which the Commission shall declare that its work is begun, unless a prolongation of the time shall be accorded by both Parties. This report, which is purely advisory and does not bind the Contracting Parties as to the question at issue, shall be prepared in triplicate, each Government being furnished with a copy and the third kept in the files of the Commission.
Article IV
After presentation of the report to both Government’s six months’ time will be given to renewed negotiations in order to bring about a solution of the question in view of the findings of said report; and if after this new term both Governments should be unable to reach a friendly arrangement, they will proceed to submit the dispute to arbitration under the terms of the Convention in force between them, if such convention covers the question or questions investigated.
[Page 45]Article V
The present treaty shall be ratified by the Two High Contracting Parties according to their national Constitutions, and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications and shall continue in force for a period of five years, and it shall thereafter remain in force until twelve months after one of the two High Contracting Parties have given notice to the other of an intention to terminate it.
The strict and honest fulfillment of the foregoing clauses is intrusted 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 24th day of July, in the year nineteen hundred and fourteen.
William Jennings Bryan [seal]
domicio da gama [seal]
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-eighth day of October, 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]
By the President:
Robert Lansing,
Secretary of State