can Conference and reiterates its adherence to the principles of arbitration and conciliation and that the date of December 10, 1928 is very satisfactory. KAUFMAN 710.1912 Washington/76 The Minister in the Dominican Republic (Young) to the Secretary of State No. 920 SANTO DOMINGO, June 14, 1928. SIR: Adverting to the Department's instruction No. 239 of April 14, 1928,3 and confirming the Legation's telegram No. 37 of even date, twelve noon, I have the honor to report that the Dominican Government has signified its complete agreement with the suggestions of the Department, in the instruction under reference, concerning the Conference of Conciliation and Arbitration to be held in Washington. There is attached hereto a translation of the note from the Foreign Office informing the Legation of the Government's attitude.* I have [etc.] EVAN E. YOUNG 710.1012 Washington/67: Circular telegram The Secretary of State to the Chiefs of Diplomatic Missions in Latin America WASHINGTON, June 19, 1928-3 p. m. Please deliver the following communication textually to the Minister for Foreign Affairs: "I have the honor to invite Your Excellency's attention to a resolution passed at the Sixth International Conference of American States at Habana, Cuba, on February 18, which reads as follows: 'Resolution: The Sixth International Conference of American States resolves: Whereas: The American Republics desire to express that they condemn war as an instrument of national policy in their mutual relations; and Whereas: The American Republics have the most fervent desire to contribute in every possible manner to the development of international means for the pacific settlement of conflicts between States: 1. That the American Republics adopt obligatory arbitration as the means which they will employ for the pacific solution of their international differences of a juridical character. 2. That the American Republics will meet in Washington within the period of one year in a conference of conciliation and arbitration to give conventional form to the realization of this principle, with the minimum exceptions which they may consider indispensable to safeguard the independence and sovereignty See footnote 72, p. 623. 'Not printed. of the States, as well as matters of a domestic concern, and to the exclusion also of matters involving the interest or referring to the action of a State not a party to the convention. 3. That the Governments of the American Republics will send for this end plenipotentiary jurisconsults with instructions regarding the maximum and the minimum which they would accept in the extension of obligatory arbitral jurisdiction. 4. That the convention or conventions of conciliation and arbitration which may be concluded should leave open a protocol for progressive arbitration which would permit the development of this beneficent institution up to its maximum. 5. That the convention or conventions which may be agreed upon, after signature, should be submitted immediately to the respective Governments for their ratification in the shortest possible time.' As, under the terms of this resolution the Conference must be held within one year, it gives me great pleasure, in accordance therewith, to extend a cordial invitation to Your Excellency's Government to participate in a conference on conciliation and arbitration to be held in Washington commencing on December 10, 1928. While not desiring in any way to limit the discretion of the various countries as to their representation, I venture to suggest that each Government appoint two plenipotentiary jurisconsults, with such advisers and experts as they may desire, to represent it at this conference. In this connection I am pleased to inform Your Excellency that the United States will be represented at the said conference by the Secretary of State and the Honorable Charles Evans Hughes. (Signed) Frank B. Kellogg." KELLOGG 710.1012 Washington/94 The Ambassador in Argentina (Bliss) to the Secretary of State No. 325 BUENOS AIRES, June 27, 1928. SIR: In acknowledging the receipt of the Department's instruction No. 71 of April 14 last, relative to the conference of conciliation and arbitration it is proposed to hold at Washington next December, I have the honor to report that I called on the Minister for Foreign Affairs the day following the receipt of the instruction and handed him a note (copy enclosed),5 acquainting him with the Department's suggestions and inquiring if they were acceptable to the Argentine Government. At the same time, I spoke of the so-called Gondra Treaty and the importance the United States Government attached to its ratification and the deposit thereof at Santiago, by the signatory Powers which had not yet done so, before the conference should meet in Washington. Dr. Gallardo said he fully understood that point of view and would make a renewed effort to obtain ratification by Congress before which body it had remained for five years without action being taken. Although one party had now a majority in the Chamber of Deputies, the Minister said, and the Argentine Government, throughout its history, "Not printed. had approved arbitration as a method of settling international disputes, he was not sanguine of obtaining ratification. On June 5 the Embassy received a note from the Minister (copy and translation enclosed) 5a stating that the Argentine Government would designate two Argentine jurisconsults to participate in the conference. The note did not mention whether the date proposed by the Department was acceptable. On receipt, therefore, the following day, of the Department's circular telegram of June 6, 11 a. m.," I telephoned the Foreign Office to clear up this point and was subsequently informed that the date was acceptable and that Dr. Carlos Alberto Alcorta and Dr. Luis A. Podestá Costa would represent Argentina at the Conference (see my telegram No. 40 of June 8, 6 p. m.).” Today I am in receipt of an answer from the Minister for Foreign Affairs to the note addressed him in compliance with the Department's unnumbered telegraphic instruction of June 19, 3 p. m. Doctor Gallardo's note (copy and translation enclosed) accepts the Secretary's invitation and confirms the notification of the appointment of Dr. Alcorta and Dr. Podestá Costa. I have [etc.] 7 ROBERT WOODS BLISS 710.1012 Washington/82 The Minister in Costa Rica (Davis), Temporarily in Washington, to the Secretary of State WASHINGTON, July 3, 1928. SIR: Referring to the Department's instruction No. 447, dated April 14, 1928, with reference to the forthcoming conference of conciliation and arbitration provided for in a resolution adopted at the Sixth International Conference of American States, I have the honor to report as follows: While in San José, en route from the Guatemalan-Honduran Boundary Conference to Washington, I conferred briefly with the Costa Rican Minister for Foreign Affairs relative to the conciliation and arbitration conference. He stated that Costa Rica would be pleased to cooperate at the conference and that he is under the impression that Costa Rica will give favorable consideration to conciliation and arbitration proposals, provided these proposals stipulate that questions previously submitted to arbitration cannot be made the subject of Sa Not printed. *Not printed; it requested the missions in Latin America to report whether the suggestion as to the date of the Conference was acceptable to the respective Governments. Not printed. See footnote 72, p. 623. 'See pp. 723, ff. arbitration under any general treaty of arbitration that may be drawn up at the conference. This reservation was made because of the fact that the Costa RicanPanaman boundary controversy which was submitted to arbitration by the Chief Justice of the Supreme Court of the United States and decided in favor of Costa Rica has not been accepted by Panama.1o The Costa Rican Government will not sign an arbitration convention which will offer Panama an opportunity to again open the question. I mentioned the "Gondra Treaty" to the Minister for Foreign Affairs and stated that I was under the impression that it contained a clause which will satisfy the Costa Rican Government on the point raised by him. On account of the fact that I departed immediately for the United States, I did not have an opportunity to follow up my conversation but will do so immediately upon my return to San José. I have [etc.]. ROY T. DAVIS 710.1012 Washington/99 The Ambassador in Brazil (Morgan) to the Secretary of State No. 3029 RIO DE JANEIRO, July 7, 1928. SIR: Referring to the correspondence between the Department and this Mission, beginning with instruction No. 1364, of April 14 last, and in amplification of Embassy's telegram No. 28, of July 5, 3 P. M.11 I have the honor to enclose, in Portuguese and English, copies of the note which the Brazilian Minister for Foreign Affairs addressed to this office on July 3.12 In accepting the invitation to be represented at the Conference on Conciliation and Arbitration which is called to convene in the city of Washington on December 10 next, the Brazilian Government states that two lawyers versed in international law, with plenipotentiary powers, will be accredited as its representatives. In regard to Brazil's attitude relative to the arbitration of judicial matters, a personal note which the Minister addressed to me on July 2 states: 13 "Article 34 of the Constitution of the Republic establishes, among the exclusive powers of the National Congress, that under No. 11, 10 See Foreign Relations, 1914, pp. 993 ff. 11 Latter not printed. 12 Not printed. 13 This English translation and the Portuguese text of the note were arranged in parallel columns; the Portuguese text has been omitted. which is couched in the following terms: 'to authorize the Government to declare war, if recourse to arbitration does not occur or collapses, and to declare peace'. "Brazil, therefore, as regards arbitration, is already bound by a constitutional provision. She will be able to adopt, therefore, in order to duly observe them, the most complete or the most ample forms which may be proposed thereon. She is ready, nevertheless, to yield, should it become necessary to do so, to intermediate solutions which may result in congregating without constraint, in complete fraternity, so advisable in the spirit of Pan American meetings, the States of the continent." I have [etc.] EDWIN V. MORGAN 710.1012 Washington/95 The Chargé in Venezuela (Engert) to the Secretary of State No. 1640 14 CARACAS, July 9, 1928. SIR: Referring to the Legation's telegram No. 61 of June 21, 1 p. m.,11 I have the honor to report that the Legation has today received a Note from the Foreign Office, No. 1249 [1250], dated July 9, with which there was enclosed an unsealed envelope addressed to The Honorable Frank B. Kellogg, Secretary of State, Washington, D. C.14a The Legation is informed that it contains the official reply from the Minister of Foreign Affairs, Doctor P. Itriago Chacín, to the Secretary's invitation that Venezuela be represented at the Conference of Conciliation and Arbitration which is to meet in Washington beginning December 10, 1928. At a recent interview I had with the Minister of Foreign Affairs in connection with other matters he remarked quite spontaneously: "I wish you would tell Mr. Kellogg how very gladly the Venezuelan Government accepted his invitation to participate in the proposed Conference in Washington. We are firm believers in arbitration and conciliation and shall never forget the conspicuous example the United States have set in that respect and how helpful you have been to us in the past when our international relations were troubled. President Gomez and the Venezuelan people also approve heartily of Mr. Kellogg's epoch-making plan to outlaw War and we sincerely hope he will succeed." The envelope for the Secretary of State is transmitted herewith. 14 Not printed. 144 The note, likewise addressed to the Secretary of State, has not been printed. |