III. The High Contracting Parties bind themselves to exchange ratifications of the present Treaty within thirty days of the date thereof; and within six months both countries will name Boundary Commissions to demarcate on the spot the frontier line in accord with the above stipulations. The personnel of these Commissions, as well as the instructions by which they shall be guided, will be determined by special agreement between the Governments of Bolivia and Peru, aiming at the greatest possible speed compatible with the precision and accuracy of the work. Done in duplicate in the city of La Paz on the seventeenth of September of the year 1909. DANIEL SANCHEZ BUSTAMENTE. SOLON POLO. (Signed) PROTOCOL SIGNED BY PERU AND COLOMBIA PROVIDING FOR SETTLEMENT OF DISORDERS IN THE PUTUMAYO, AND OTHER QUESTIONS. File No. 526/14-15. No. 223.] Minister Combs to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to enclose a copy of the recent protocol signed between Peru and Colombia for the settlement of the disorder in the region of the Putumayo, and claims and counter claims that have arisen from the dispute that exists over the boundary between the two countries. It further provides for a renewal of the negotiations regarding the limitations of the frontier immediately after the decision of the arbitration now in progress at Madrid between Ecuador and Peru, and provides for an arbitration of the boundary question if it cannot be solved by negotiation. I have, etc., LESLIE COMBS. [Inclosure Translation.] The President of the Republic of Peru, Doctor Meliton F. Porras, Minister for Foreign Affairs, and H. E. the President of the Republic of Colombia, Mr. Luis Tanco Argaes, E. E. and M. P. to Peru, have agreed upon the following articles: I. The Governments of Peru and Colombia express their sentiments of regret for the events that have taken place in the region of the Putumayo during the past year and as evidence of their mutual satisfaction, agree to appoint, by means of a special convention, to be signed within a period of three months from the date on which the present agreement comes into force, an international commission to establish and examine the occurrences in the above mentioned region, and embody the result of their investigation in a report. If after this report is presented the two governments fail to agree regarding the responsibilities based upon such findings, the matter shall be submitted to arbitration. When the responsibility of those found guilty shall have been determined they shall after due process of law suffer the penalties provided therefor; moreover, adequate indemnity shall be paid to such as have suffered material losses, and to the families of the victims of the acts declared punishable. II. The Governments of Peru and Colombia agree to renew their negotiations regarding the delimitation of their frontiers immediately after the decision has been rendered in the case now under arbitration in Madrid, in accordance with the treaty celebrated between Peru and Ecuador in 1887, and hereby likewise agree to resort to arbitration in case they should not succeed in arriving directly at a solution of their differences. III. If, within three months from the coming into force of this agreement, the King of Spain should have failed to render his decision in the arbitration between Peru and Ecuador, the two Governments hereby oblige themselves to celebrate a "modus vivendi " agreement with regard to the territories in dispute, so as to prevent in them the possibility of strifes or the clashes of interest between the citizens of the two respective countries. IV. With the intention of increasing the trade which exists between Peru and Colombia both in the Eastern region and on the coasts of the Pacific ocean, the two Governments have agreed to celebrate a treaty of commerce and navigation upon the basis of reciprocal convenience. In witness whereof the present agreement is signed in a double copy, etc., etc. PORTUGAL. TERMINATION OF COMMERCIAL AGREEMENTS BETWEEN THE UNITED STATES AND PORTUGAL. File No. 17147/1A. The Acting Secretary of State to the Portuguese Minister. DEPARTMENT OF STATE, Washington, April 30, 1909. SIR: The Congress of the United States has effectively declared its intention to supersede the present customs tariff law of the United States by a new law which is now under discussion and which will probably be enacted within a few weeks. One of the necessary results of this change will be that the commercial agreements made by the President under the authority of the act of July 24, 1897, will no longer be applicable to the conditions which will exist under the new law. The Government of the United States accordingly finds it necessary to give notice of the intention to terminate all of these agreements. By direction of the President, I have therefore the honor hereby to give through you to the Government of Portugal formal notice on behalf of the United States of the intended termination of the two commercial agreements signed, respectively, on May 22, 1899, and November 19, 1902. Further communication on this subject will be made after the passage of legislative measures affecting the bases on which these agreements were concluded. For your information and for immediate communication to the Portuguese Government, I quote the following letter of notification addressed to-day to the Portuguese minister here:1 WILSON. 1 Supra. File No. 17147/1. The Portuguese Minister to the Secretary of State. [Translation.] PORTUGUESE LEGATION, SIR: I have the honor to acknowledge the receipt of your note of April 30, 1909, giving through me to the Government of Portugal formal notice on behalf of the United States of the intended termination of the commercial agreements concluded between the two countries on May 22, 1899, and November 19, 1902. A copy of your note has already been forwarded to his majesty's Government. I avail, etc., File No. 17147/4A. ALTE. The Secretary of State to Minister Bryan. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Mr. Knox refers to the department's telegram of April 30, 1909, regarding the tariff act approved by the President August 5, 1909, requiring that notice be given of the termination of all commercial agreements entered into under section 3 of the tariff act of July 24, 1897, and by direction of the President of the United States instructs Mr. Bryan to give notice to the Government of Portugal as of date of August 7 of the intention of the Government of the United States to terminate commercial agreements concluded between the United States and Portugal on May 22, 1899, and November 19, 1902, one year from the date of this notice, namely, August 7, 1910. Mr. Knox adds that formal notice of this intention has been given this day to the Portuguese legation in Washington. File No. 17147/4B. The Secretary of State to the Portuguese Minister. DEPARTMENT OF STATE, Washington, August 7, 1909. SIR: Referring to the department's note to your legation dated April 30, 1909, relative to the termination of the existing commercial agreements between the United States and Portugal and stating that a further communication on this subject would be made after the passage of legislative measures affecting the bases on which those agreements were concluded, I have now the honor to inform you that the new tariff law approved August 5, 1909, contains the following provisions respecting the commercial agreements of the United States: That the President shall have power and it shall be his duty to give notice, within ten days after the passage of this act, to all foreign countries with which commercial agreements in conformity with the authority granted by section three of the act entitled "An act to provide revenue for the Government and to encourage the industries of the United States," approved July twenty-fourth, eighteen hundred and ninety-seven, have been or shall have been entered into, of the intention of the United States to terminate such agreements at a time specified in such notice, which time shall in no case, except as hereinafter provided, be longer than the period of time specified in such agreements respectively for notice for their termination; and upon the expiration of the periods when such notice of termination shall become effective the suspension of duties provided for in such agreements shall be revoked, and thereafter importations from said countries shall be subject to no other conditions or rates of duty than those prescribed by this act and such other acts of Congress as may be continued in force: Provided, That until the expiration of the period when the notice of intention to terminate hereinbefore provided for shall have become effective, or until such date prior thereto as the high contracting parties may by mutual consent select, the terms of said commercial agreements shall remain in force: And provided further, That in the case of those commercial agreements or arrangements made in accordance with the provisions of section three of the tariff act of the United States approved July twenty-fourth, eighteen hundred and ninety-seven, which contain no stipulation in regard to their termination by diplomatic action, the President is authorized to give to the Governments concerned a notice of termination of six months, which notice shall date from April thirtieth, nineteen hundred and nine. By the President's direction, in pursuance of the above quoted provisions of law, I have the honor hereby to give through you to the Government of Portugal formal notice on behalf of the United States of the intended termination of the commercial agreements signed at Washington May 22, 1899, and on November 19, 1902, respectively, to take effect one year from the present date, namely, August 7, 1910, when the said agreements shall cease to be in force. Accept, etc., P. C. KNOX. File No. 17147/5. The Portuguese Minister to the Secretary of State. [Translation.] PORTUGUESE LEGATION, Washington, August 10, 1909. SIR: I have the honor to acknowledge the receipt of your note of the 8th instant in which you give through me to the Government of Portugal formal notice on behalf of the United States of the intended termination of the commercial agreements signed at Washington on May 22, 1899, and November 19, 1902, respectively, to take effect. August 7, 1910. I did not fail to transmit a copy of your note to His Majesty's Government. I avail, etc., ALTE. |