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AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVEN
TION OF JANUARY 15, 1909.
Signed at Washington May 6, 1914; ratification advised by the Senate
May 20, 1914; ratified by the President May 27, 1914; ratified by Austria-Hungary May 13, 1914; ratifications exchanged at Washington May 28, 1914; proclaimed May 28, 1914.
(Treaty Series, No. 592; 38 Statutes at Large, 1783.)
I. Extends convention five years.
The President of the United States of America and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King, of Hungary, being desirous of extending the period of five years during which the Arbitration Convention concluded on January 15, 1909, is to remain in force, have resolved to conclude the following Convention and for that purpose have appointed their Plenipotentiaries:
The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State of the United States; and
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, Constantine Theodore Dumba, Grand Cross of the Order of Francis Joseph, 3rd Class Knight of the Order of the Iron Crown, His Majesty's Privy Councillor, Ambassador Extraordinary and Plenipotentiary to the United States of America;
Who, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following Articles:
The Convention of Arbitration of January 15, 1909, between the United States of America and Austria-Hungary, the duration of which by Article III thereof was fixed at a period of five years from the fifteenth day after the date of exchange of ratifications, which
* For text see Volume I, page 49.
period will terminate on May 28, 1914, is hereby extended and continued in force for a further period of five years from May 28, 1914.
The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible.
In testimony whereof the respective Plenipotentiaries have signed this convention and have affixed thereto their seals.
Done in duplicate at Washington, this 6th day of May, one thousand nine hundred and fourteen. SEAL
WILLIAM JENINGS BRYAN SEAL.]
CONSTANTIN THEODOR DUMBA
TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington January 22, 1914; ratification advised by
the Senate August 13, 1914; ratified by the President January 4, 1915; ratified by Bolivia November 14, 1914; ratifications exchanged at Washington January 8, 1915; proclaimed January 9, 1915.
(Treaty Series, No. 606: 38 Statutes at Large, 1868.)
I. All disputes not settled 'by diplo- III. Pledge to refer disputes; aid to macy or arbitration to be in
commission; time for completvestigated by commission before
ing report. resort to hostilities.
IV. Ratification; duration. II. Composition and appointment of
commission. The United States of America and the Republic of Bolivia, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their plenipotentiaries:
The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and
The President of Bolivia, Señor Don Ignacio Calderon, Envoy Extraordinary and Minister Plenipotentiary of Bolivia to the United States;
Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and con: cluded 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, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted.
ARTICLE II. The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from 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 country. Each of the High Contracting Parties shall have the right to remove, at any time before investigation begins, any Commissioner selected by it and to name his successor, and under the same conditions shall also have the right to withdraw its approval of the fifth Commissioner selected jointly; in which case a new Commissioner shall be selected jointly as in the original selection. The Commissioners shall, when actually employed in the investigation of a dispute, receive such compensation as shall be agreed upon by the High Contracting Parties. The expenses of the Commission shall be paid by the two Governments in equal proportion.
The International Commission shall be appointed as soon as possible after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment.
ARTICLE III. In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report, The International Commission may, however, by unanimous agreement spontaneously offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investigation.
The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report.
The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files.
The High Contracting Parties reserve the right to act independently on the subject matter of the dispute after the report of the Commission shall have been submitted.
ARTICLE IV. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Bolivia, with the approval of the Congress thereof; 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 High Contracting Parties have given notice to the other of an intention to terminate it.
In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals.
Done in Washington on the 22d day of January, in the year of our Lord nineteen hundred and fourteen.
WILLIAM JENNINGS BRYAN (SEAL.]
· TREATY OF EXTRADITION OF CRIMINALS, SIGNED IN R10 DE JANEIRO,
MAY 14, 1897, AND PROTOCOLS AND ANNEXES THERETO.
NOTE.--The Brazilian extradition statute of June 28, 1911, provides in Article XII that “after publication of this law its text shall be transmitted to all countries with which Brazil maintains relations and all treaties of extradition still in force shall be abrogated.” The ambassador of Brazil at Washington, on January 23, 1913, in accordance with instructions, addressed a note to the Secretary of State in which he stated:
“ The Brazilian Government, in view of the liberal provisions of this new law, would appreciate it if, waiving the clause of article 13 of the extradition treaty concluded by Brazil and the United States on May 14, 1897, in which it is stipulated that said treaty ( *
shall continue in force until six months after one of the contracting parties shall have notified the other of its intention to terminate it,' the American Government would consider the said treaty as having ceased to exist for all intents and purposes from the date of the receipt of the present note.”
On February 28, 1913, the Secretary of State wrote to the ambassador of Brazil:
“In reply I regret to inform you that this Government has no power to waive the treaty requirement that six months' notice of an intention to terminate its extradition treaty with Brazil be given."
On July 29, 1913, the American ambassador at Rio de Janeiro forwarded a note of the Brazilian Minister of Foreign Affairs proposing the acceptance of a draft extradition treaty the terms of which were inclosed and a decree which had been printed in the Diario Official, which is published in the following terms:
“ OFFICIAL GAZETTE, July 25, 1913. “ Decree No. 10355, of the 23d of July, 1913, published the denunciation of the treaty of extradition of criminals signed in Rio de Janeiro between Brazil and the United States of America on the 14th of May, 1897, and the protocols and annexes of the 28th of May, 1898,2 and the 29th of May, 1911.3
“The President of the Republic of the United States of Brazil makes public that from to-day the treaty of extradition of criminals, signed in Rio de Janeiro between Brazil and the United States of America on the 14th of May, 1897, and the protocols and annexes
* For text see Vol. I, p. 146. : For text see Vol. I, p. 151.
• Should be 1901. The protocol of May 29, 1901, containing amendments to the treaty made by the United States Senate was incorporated in the treaty at the time of its ratification and has not been published separately; it was inclosed in Despatch No. 330 from the American Embassy, dated May 29, 1901.