ART. 12. The arbitrator shall specify in his award the term within which the award shall be carried out, and he is competent to deal with any question arising as to the fulfillment. ART. 13. There can be no appeal from the award, and its fulfillment is intrusted to the honor of the signatory powers. Nevertheless, the recourse of revision is admitted under the following circumstances: 1. If the award be given on the strength of a false document; 2. If the award be the result, either partially or totally, of an error of fact. ART. 14. The contracting parties shall pay their own expenses and each a half of the expenses of the arbitration. ART. 15. The present agreement shall last for ten years from the date of the exchange of the ratifications, and shall be renewed for another term of ten years, unless either party shall give notice to the contrary six months before expiry. The present treaty shall be ratified and the ratifications shall be exchanged in Santiago, Chile, within six months from date; in witness whereof the plenipotentiaries of the Argentine Republic and of the Republic of Chile have signed the present treaty and caused it to be sealed with their respective seals in duplicate in the city of Santiago, the 28th day of May, 1902. J. A. TERRY. J. F. VERGARA DONOSO. The Chilean minister of foreign relations, Señor Don José Francisco Vergara Donoso, and Señor Don José A. Terry, envoy extraordinary and minister plenipotentiary of the Argentine Republic, met together in the Chilean ministry of foreign relations, have agreed to set forth in the following convention the various resolutions, adopted with a view to limiting the naval armaments of the two Republics, resolutions which have been made through the initiative and the good offices of the Government of His Brittanic Majesty, represented in Chile by its envoy extraordinary and minister plenipotentiary, Mr. Gerard A. Lowther, and in the Argentine Republic by its envoy extraordinary and minister plenipotentiary, Sir W. A. C. Barrington: ARTICLE 1. In order to remove every source of anxiety the Governments of Chile and the Argentine Republic desist from acquiring the war vessels they have in course of construction and from making fresh acquisitions. Both Governments agree, moreover, to reduce their respective fleets, for which purpose they will continue to negotiate, until they arrive at an agreement productive of a discreet equipoise of their respective naval forces. This reduction must be made within twelve months from the date of the present agreement. ART. 2. The two Governments bind themselves not to increase their naval armaments, without previous notification of eighteen months, during a period of five years. This clause does not affect the fortification of coasts and ports, and either Government may acquire any floating machinery for that particular defense, such as submarines, etc. ART. 3. The sales to which this agreement may give rise shall not be made to any country having questions pending with either of the contracting parties. ART. 4. With a view to facilitating the transfer of pending contracts, both Governments bind themselves to extend for two months the term stipulated for the delivery of their respective vessels in construction, for which purpose they will give the necessary instructions on signing the present agreement. AKT. 5. The ratifications of the present agreement shall be exchanged within sixty days from date, and the exchange shall take place in Santiago. In witness whereof the undersigned sign and seal in duplicate the present convention in the city of Santiago, the 28th day of May, 1902. J. A. TERRY, J. F. VERGARA DONOSO. Agreement (for collocation of boundary marks). Met together in the ministry for foreign relations of Chile, the minister of that department, Señor Don José Francisco Vergara Donoso, and the envoy extraordinary and minister plenipotentiary of the Argentine Republic, Señor Don José Antonio Terry, duly authorized and acting in accordance with the boundary treaty of July 23, 1881, the protocol of May 1, 1893, the agreement of April 17, 1896, and the acts of September 15, 17, and 22, 1898, in order to avoid any difficulty in the actual demarkation of the boundary line between the two countries in the first part submitted to the decision of His Brittanic Majesty, do agree, in the name of their respective Governments, to ask the arbitrator to name a commission which shall fix in the territory in question the boundary marks which he shall order in his decision. In witness whereof they sign this agreement in duplicate, in Santiago, the 28th day of May, 1902. J. A. TERRY, Supplementary communications. J. F. VERGARA DONOSO. SANTIAGO, May 26, 1902. MR. MINISTER: In view of the advanced stage already arrived at in the process of settling by arbitration the boundaries between our respective countries, a stage which permits us to believe that the decision will soon be rendered, my Government, ever animated by the desire that this protracted question be settled as soon as possible, would be extremely gratified if your excellency's Government, in case it intends to avail itself of the right to present a new deposition, would do so in such form as will not prevent the arbitrator from rendering his decision within the present year. Awaiting your exellency's reply with reference to this point, I take pleasure in renewing to your excellency the assurances of my most distinguished consideration. JOSÉ FRANCISCO VERGARA DONOSO. His Excellency Señor Don José A. TERRY, Envoy Extraordinary and Minister Plenipotentiary of the Argentine Republic. SANTIAGO, May 28, 1902. MR. MINISTER: I have the honor to acknowledge the receipt of your excellency's note, dated the 26th instant, in which you are pleased to inform me that in view of the advanced stage already reached in the process of settling by arbitration the boundaries between our respective countries, your Government, ever animated by the desire that this protracted question be concluded as soon as possible, would be extremely grateful if the Argentine Government would cooperate in this connection in such manner as in its judgment seems most suited to facilitate the task of the arbitrator and to enable him to render his decision within the current year. In reply, Mr. Minister, it gratifies me to inform you that I have received instructions from my Government which enable me to state that it is animated by the identical considerations with those given expression to by your excellency, and that it is disposed to facilitate the task of the arbitrator so that he may give his decision within the period already indicated, to which end it will take the necessary measures. It also gratifies me, Mr. Minister, to improve this opportunity to reiterate to your excellency the assurances of my most distinguished consideration. His Excellency the MINISTER OF FOREIGN RELATIONS OF CHILE. J. A. TERRY. SANTIAGO, May 28, 1902. MR. MINISTER: The second part of article 1 of the agreement entered into for limiting the naval armaments of Chile and the Argentine Republic says: "Both Governments agree, moreover, to decrease their respective fleets, to which end they will continue negotiations until they arrive at an arrangement that will bring about a suitable equality between said fleets. This decrease shall be effected within one year from the date of the exchange of ratifications of this agreement." This Government understands that the differences which may arise with reference to the execution of the clause cited are to be settled by the arbitrator in conformity with the dispositions of article 1 of the general treaty of arbitration concluded on this date. Hoping that your excellency will kindly inform me of your Government's opinion on this point, I take pleasure in renewing to your excellency the assurances of my high consideration. His Excellency Señor Don José A. TERRY, JOSÉ FRANCISCO VERGARA DONOSO. Envoy Extraordinary and Minister Plenipotentiary of the Argentine Republic. SANTIAGO, May 28, 1902. MR. MINISTER: I have had the honor to receive your excellency's note of even date, in which you inform me that your Government interprets the second part of article 1 of the agreement on limiting armaments to the effect that any difference of opinion which may arise and which can not be arranged within the year between the chanceries shall be a matter for general arbitration, conformably with the treaty this day concluded. In reply, it gives me pleasure to inform your excellency that my Government gives the same interpretation to the clause in question. I renew to your excellency the assurances of my distinguished consideration. His Excellency the MINISTER OF FOREIGN RELATIONS OF CHILE. Mr. Lord to Mr. Hay. No. 200.] LEGATION OF THE UNITED STATES, Buenos Ayres, September 1, 1902. SIR: Referring to my No. 191, of June 3 last, I have the honor to inform you that on Sunday, August 24, an official Te Deum was celebrated in the cathedral of this city in commemoration of the signing by Chile and by the Argentine Republic of the peace agreements. therein referred to. The Argentine war ship San Martin left yesterday the port of Bahia Blanca en route for Chile with the purpose of effecting the exchange of ratifications. I have, etc., WM. P. LORD. REFUSAL TO EXEMPT OPERATORS OF CENTRAL AND SOUTH AMERICAN TELEGRAPH COMPANY FROM MILITARY SERVICE. Mr. Hay to Mr. Lord. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, December 21, 1901. (Mr. Hay directs Mr. Lord to informally inquire if Argentine Government would exempt operators of Central and South American Telegraph Company, employed at stations on land lines between Buenos Ayres and Chilean frontier, from military conscription. Such exemption would seem to be appropriate, the services of the operators being necessary and publicly useful.) Mr. Lord to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, (Mr. Lord reports that under the new military law recently enacted the minister of war is unable to grant the exemption of operators as suggested in Department's telegram of 21st instant. On account of abuses, the clause under which such exemptions were formeriy authorized was omitted from the present law.) No. 161.] Mr. Lord to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to confirm your telegram" of the 21st ultimo, and to inform you that, immediately upon its receipt, I called upon the minister of war, Col. Pablo Riccheri, and stated to him the substance of your cablegram, and inquired whether, in view of the nature of their services, the Argentine Government would exempt such operators of the Central and South American Telegraph Company from the conscription of men born in 1878 and 1879. The minister expressed the opinion that he did not think such exemption could be granted under the present law. He then stated in substance, after examining the law, that it was not possible to do so under any of the exemption clauses. I asked him if there was not some general clause investing the Government with the power to exempt in particular cases which could not be classified under exemption heads, and he answered that the clause under which such exemptions were formerly authorized was omitted from the present law on account of the abuses which had grown out of it. He expressed much regret that he was unable to be of service in the matter, and a willingness to render any aid in his power by way of leaves of absence to such operators to remain at their offices. To-day I called at the ministry of war office to inquire with reference to the zones in the territory of the Republic to which the mobilization of the conscripts of 1878 and 1879 applied, and I was informed that such mobilization had been postponed until the 6th of March next. In view of the present peaceful solution of recent difficulties between the Argentine Republic and Chile, it is possible that such mobilization may be abandoned or indefinitely postponed. I also confirm my telegram" of the 23d ultimo in reply to yours of the 21st, above referred to. I have, etc., WM. P. LORD. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. Mr. Lord to Mr. Hay. No. 192.] LEGATION OF THE UNITED STATES, SIR: I have the honor to confirm the Department's cablegram' of May 24 last, and to report that, in compliance therewith, I immediately communicated to the minister for foreign relations the request therein contained, and that the Argentine Government at once granted the desired permission. I have the further honor to inform you that I have suitably acknowledged the courtesy of the Argentine Government and have instructed the United States consuls within its territory to use their good offices in behalf of the Government and citizens of Cuba until further notice. I have, etc., a Printed ante. WM. P. LORD. Printed, page 6. AUSTRIA-HUNGARY. PASSAGE THROUGH UNITED STATES OF REMAINS OF LATE MEXICAN MINISTER TO AUSTRIA-HUNGARY. Mr. McCormick to Mr. Hay. UNITED STATES LEGATION, SIR: I have the honor to acquaint you that the remains of the Mexican minister to this court, Don Jose de Teresa y Miranda, have been intrusted to the North-German Lloyd Steamship Company for transmission to Mexico, via Bremen and Galveston, on board the steamship Breslau. They will leave the first-named port on the 23d instant, and are due to arrive in Galveston eighteen days thereafter. I have deemed it proper to assure the chargé d'affaires, Mr. Lizardi, that the Department of State would request, and that the Treasury Department would issue to the collector of the port at Galveston, such instructions as will insure the entrance of the remains at the port of Galveston without let or hindrance, and their transmission without delay by such route as may be decided upon to the Mexican frontier. I have also the honor to inform you that Madame de Teresa, widow of the late minister and sister-in-law of President Porfirio Diaz, sails with her family from Cherbourg on the steamship Kronprinz Wilhelm, and is due to arrive in New York on or about the 21st of February. Believing that I would be carrying out the wishes of the Department, I have assured Mr. Lizardi that such instructions would be issued through the proper channels to the customs authorities in New York as would insure Madame de Teresa's receiving every possible courtesy at their hands on her arrival. I have, etc., ROBERT S. MCCORMICK. Mr. Hay to Mr. McCormick. No. 32.] DEPARTMENT OF STATE, Washington, February 12, 1902. SIR: Referring to your unnumbered dispatch of the 18th ultimo, I have now to inform you that the Mexican ambassador here, in his note No. 249% of the 7th of this month, expresses the earnest thanks of his Government for your kindness and courtesy in informing the Department of the arrival of the remains of the late Mexican minister to a Printed, page 794. |