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61sT Congress \ q-pma'pt? (Document
. Sd Session / SENATE | j^^_ 744
FOURTH INTERNATIONAL CONFERENCE
OF AMERICAN STATES
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES
TRANSMITTING A LETTER FROM THE SECRETARY OF
STATE INCLOSING A REPORT, WITH ACCOMPANYING
PAPERS, RELATIVE TO THE FOURTH INTER-
NATIONAL CONFERENCE OF AMERICAN
STATES HELD AT BUENOS AIRES FROM
JULY 12 TO AUGUST 30, 1910.
Ill
January i6, 1911. — Read, referred to the Committee on Foreign Relations
and ordered to be printed
WASHINGTON
GOVEKNMENT PRINTING OFFICE
1911
61sT Congress "I qtpmat't? /Document
Sd Session | SENATE | ^^ 744
'Q:
FOURTH JNTERNATIONAL . CONFERENCE .
4t^
'of AMERICAN STATES ''''^""■^•^^ ^''^'' '^'^
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES
TRANSMITTING A LETTER FROM THE SECRETARY OF
STATE INCLOSING A REPORT, WITH ACCOMPANYING
PAPERS, RELATIVE TO THE FOURTH INTER-
NATIONAL CONFERENCE OF AMERICAN
STATES HELD AT BUENOS AIRES FROM
JULY 12 TO AUGUST 30, 1910.
January 16, 1911. — Read, referred to the Committee on Foreign Relations
and ordered to be printed
WASHINGTON
GOVERNMENT PRINTING OFFICE
1911
f\\",^.
Ul
5
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O
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LETTER OF TRANSMITTAL.
To the Senate and the House of Representatives:
I transmit herewith a letter from the Secretary of State, inclosing
a report, with accompanying papers, of the delegates of the United
States to the Fourth International Conference of American States
held at the city of Buenos Aires from July 12 to August 30, 1910.
Wm. H. Taft.
The White House, January 16, 1911.
LETTER OF SUBMITTAL.
The President:
Referring to the provision in the urgency deficiency act, approved
February 25, 1910, for representation by the United States in the
Fourth International Coruerence of American States, the under-
signed, the Secretary of State, has the honor to lay before the Presi-
dent, with a view to its transmission to the Congress, the report, with
accompanying papers, of the delegates of the United States to the
conference, which was in session at the city of Buenos Aires, Argen-
tine Republic, from July 12 to August 30, 1910.
Respectfully submitted.
P. C. Knox.
Department of State,
Washington, January 12, 1911.
3
REPORT OF THE DELEGATES OF THE UNITED STATES
I TO THE
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES
Held at Buenos Aires, July 12 to August 30, 1910.
Sm : We have the honor to transmit to you the following report of
the proceedings of the Fourth International Conference of American
States, which has just concluded its labors and at which we have been
present as delegates of the United States, including certain docu-
ments hereinafter enumerated.
Leaving New York on board the U. S. Army transport Sumner on
Thursday, June 16, we reached Buenos Aires on Friday, July 8, 1910.
We were met on landing by the minister of the United States, Hon.
Charles H. SherrUl, and his staff, by Mr. Bartleman, the consul gen-
eral, by several of the ministers from other American Republics
accredited to the United States, and by Argentine officials.
July 9, the day fixed by the governing board of the Bureau of the
American Republics for the opening of the conference, being the
national festival of the Argentine Republic, we found on reaching
Buenos Aires that the inaugural session had been postponed untS
Tuesday, the 12th, on which day it took place in the presence of the
minister of foreign affairs. Dr. de la Plaza, who took the chair, and
of others of the Argentine cabinet, of the ministers of foreign powers
accredited to this Republic, all of whom had seats on the floor, and
of a goodly number of spectators in the galleries.
The minister of foreign affairs delivered an interesting speech,
cordially welcoming to Buenos Aires the delegates of the various
countries represented at the conference, alluding to the work of this
and of previous conferences and referring in eulogistic terms to the
Monroe doctrine, in which he said the people of the Argentine Repub-
lic had always been firm believers. The chairman of the delegation
of the, United States, at the general request of the other delegates,
replied to the speech of the minister, after which Dr. Bermejo, chief
justice of the supreme court and president of the Argentine delega-
tion, was selected permanent president, and Senor Epifanio Portela,
minister of that country to the United States, secretary general of
the conference; Hon. P. C. Knox and Dr. de la Plaza, respectively
Secretary of State of the United States and Minister of Foreign Affairs
of the Argentine Republic, being elected honorary presidents.
Dr. Bermejo, upon taking the chair, made a speech, the copy of
which, together with those of the two previously referred to, is
attached to this report. (Appendix C.)
All the Republics of America, except Bolivia, ^vere represented,
and'the flag of each in succession was displayed for a day over the
6 FOURTH IN"TERN"ATIO]SrAX. CONFERENCE OF AMERICAN STATES.
buildinjy in which the conference met. Notwithstanding the absence
of a delegation from Bohvia, the flag of that country was flown in
its turn.
A list of the names of the delegates and of the officials of the con-
ference is annexed. (Appendix F.)
The sessions of the conference were held in the new palace of jus-
tice, a large and imposing building, recently erected for the law
courts, on one of the principal squares of the city. In addition to
the large central hall in which the formal sessions took place a num-
ber of smaller rooms were conveniently arranged for the meetings
of committees, and the president was good enough to announce at
the first session that all telegrams and cablegrams sent by the dele-
gates woi-ild be forwarded to their destination free of charge by the
Argentine Government. Luncheon ^^nd other refreshments were
also provided for the delegates and their friends throughout the
duration of the conference, and every arrangement was made for
theu" convenience and comfort.
The first session for the transaction of business was held on the
14th of July and was chiefly devoted to the rearrangement of the
subjects to be assigned to the committees, as provided in article 6
of the program (Appendix A), particularly in respect to sections 3
and 4 thereof, a general feeling having manifested itself in favor of
increasing the number of the committees as conducive to the more
rapid dispatch of business. After some discussion the president
appointed a committee to consider the subject, and upon its recom-
mendation a resolution providing for 14 committees, instead of 7, was
adopted. (Appendix N.)
The following is a list of the committees upon which this delega-
tion was represented, with the name of its member upon each, from
which you will observe that committee No. 1 (rules and credentials)
is the only one of the 14 whereon there was no delegate from the
United States. A complete list of the'" membership of all the com-
mittees will be found in Appendix G.
Second committee. — Subjects of the program: II. Commemoration of the independ -
ence of the American Republics; V. Mr. Carnegie's generosity; XIII. Appreciation
of the Pan American Scientific Congress at Santiago; XIV. Celebration of the open-
ing of the Panama Canal. Mr. White (seven members).
Third committee. — Subject III of the program: Reports of delegations as to the
action of their respective Governments upon the resolutions and conventions of the
Third Conference. Mr. White (20 members).
Fourth committee .—^uh]ect IV of the program: Report of the Director of the Inter-
national Bureau of the American Republics. Mr. Reinsch (20 members).
Fifth coinmittee. — Subject VI of the program: Pan American Railway. Mr. Moore
(20 members) .
Sixth committee.— ^Vi\)\Qct VII of the program: Establishment of more rapid steam-
ship service between the American Republics. Mr. Nixon (seven members).
Seventh committee. — Subject VIII of the program: Uniformity in consular docu-
ments and the technical requirements of customs regulations, and also in census and
commercial statistics. Col. Crowder (20 members).
Eighth committee. — Subject IX of the program: Recommendations of the Pan
American sanitary congresses in regard to sanitary police, quarantine, etc. Mr.
Kinley (20 members).
Ninth committee. — Subject X of the program, in part: Patents and trade-marks.
Mr. Quintero (seven members).
Tenth committee. — Subject X of the program, in part: Copyright; and XII, Inter-
change of professors and students among the universities and academies of the American
Republics. Mr. Moses (seven members).
FOUETH INTERNATIONAL. CONFERENCE OF AMERICAN STATES. 7
Eleventh committee. — Subject XI of the program: Continuance of treaties on pecu-
niary claims. Mr. Moore (seven members).
Twelfth committee. — Subject XV of the program: Future conferences. Mr. Quin-
tero (20 members).
Thirteenth committee. — Article 6, section 6, of the regulations: Publications. Mr.
Reinsch (five members).
Fourteenth committee. — Article 6, section 7, of the regulations: General welfare.
Mr. Moses (five members).
It maj^ be well to add that in several instances members of our
delegation were unanimously elected as chairmen of the committees
to which they were respectively assigned, but we had decided
beforehand not to accept any chairmanship save that of the sixth
committee, to which Mr. Nixon was elected, and for his acceptance,
of which there appeared to be special reasons.
There were 14 plenary sessions of the conference, one of which
was called to express sympathy with Chile on the death of President
Montt, while three were devoted to the commemoration of the inde-
pendence days of Colombia, Peru, and Ecuador, which fell on days on
which the conference sat, but in addition to the sessions of the con-
ference, there were many and frequent meetings of the committees,
in which the discussion of the subjects on the program was for the
most part conducted. Not a single unfriendly, much less ill-tempered,
word fell from anyone at any session of the conference, and the dis-
cussions in committee were on the whole conducted with an unusual
degree of good humor and with a marked desire not to allow personal
predilections, however strong, in favor of any particular point, to
mterfere with a unanimous decision. As a result you will observe
that no minority report was made in any committee and that the
single report of each is signed by all the delegates of which its mem-
bership was composed.
All of the subjects upon the program which required careful con-
sideration were very fully gone into and satisfactorily dealt with
by the committees having them in charge, and it would be unfair to
our colleagues from the other 19 Republics represented on those
committees not to call your attention to the fact that they, one and
all, showed not only invariable courtesy to the member from the
United States but favorable consideration for his views whenever
possible.
Four conventions and 20 resolutions were adopted by the confer-
ence after discussion of each, but for the most part practically as
reported from the committees.
The following consideration of the work accomplished by the con-
ference is submitted in the order in which the subjects appear upon
the program:
COMMEMORATION OF THE ARGENTINE NATIONAL CENTENARY AND OF
THE INDEPENDENCE OF THE AMERICAN REPUBLICS.
An appropriate resolution was rej)orted by the second committee
and passed by the conference. It is set forth in the minutes and
embodies proposals made by the representatives ( 1) of Chile, for the
erection of a building in the city of Buenos Aires for the purpose of a
permanent exhibition of products of the soil and of the industry of
all the nations of America; and (2) of Cuba, for the publication of
an artistic volume in which the declarations of independence of all the
8 FOURTH INTERNATIONA!. CONFERENCE OF AMERICAN STATES.
American Republics shall appear, together with certain^salient his-
torical incidents connected therewith. The representative of the
United States was careful to explain to the committee his Govern-
ment's special interest;in these centenary celebrations of the sister
Republics, quoting extracts relative thereto from thejPresident's last
annual message to Congress and from your instructions to the dele-
gation. The resolution as adopted will be found in Appendix O.
ACTION OF THE VARIOUS GOVERNMENTS WITH RESPECT TO THE RES-
OLUTIONS AND CONVENTIONS OF THE THIRD CONFERENCE.
The third committee, wliich had this subject in charge, gave it full
and careful consideration.
All of the delegations, except that of Haiti, which was not repre-
sented at the Third Conference, presented memoranda (translations
of which are appended to this report, Appendix H) relative to the
action of their Respective Governments upon the conventions and
resolutions of that conference. A tabulated statement showing at a
glance the action of each Government upon the four conventions of
the Third Conference is also transmitted herewith. (Appendix I.) •
In the resolution reported by the committee and adopted by the
conference (1) cooperation between the Pan American committees
and their respective Governments in the preparation for future con-
ferences; (2) the establishment of such Pan American committees in
countries where they do not yet exist; (3) the carrying out of the
agreements reached by the Third Conference in respect to natural
resources, monetary systems, commerce, customs, and statistical
schedules; and (4) the adoption of a system of deposit of ratifications
with a view to their prompt exchange and to the speedy proclamation
of conventions, as well as the adhesion of nations not origmally parties
thereto, are provided for.
The Chilean delegation having proposed a resolution suggesting
that, in the codification of international law, as provided by the fourth
convention of the Third Conference, a distinction be made between
questions of general and questions of purely American interest, the
committee recommended that the same should be submitted to the
consideration of the jurists having charge of the codification in
question.
A form of resolution submitted by the delegates of Costa Rica,
Guatemala, and Mexico, and having for its object a recommendation
that the congress on coffee, suggested in the thirteenth resolution of
the Third Conference, assemble as soon as possible, in view of the
crisis now existing m the production and sale of coffee, was considered
by the third committee, as was also a memorandum by the Brazfiian
delegate setting forth the steps which had been taken in reference to
the crisis by his Government. The committee thereupon caused a
paragraph to be added to its report to the conference stating that in
its view, the resolution of the Rio conference relative to a coffee con-
gress being still in force, it rests with the Government of Brazil, as
therein provided, to fix the date at wliich such a congress should be
convened. A resolution to this effect was adopted by the conference.
{Appendix P.)
A translation of the report of this committee %nll be found on pages
97 and 251. (Appendices I and DD.)
FOUETH INTERNATIONAL CONFERENCE OF AMERICAN STATES, 9
THE PAN AMERICAN UNION.
The committee on the Bureau of American Republics considered
the advisabihty of converting into a formal convention the resolution
passed and continued by successive conferences under which that
mstitution has hitherto been maintained. On the part of many dele-
gates the belief was expressed that the ratification of such a conven-
tion would require an indefinite time on account of the constitutional
provisions in numerous Republics which require the consent of their
Congresses, It was felt that the activities of the bureau might be em-
barrassed were a convention adopted immediately on account of the
delays which might occur in its ratification. It was therefore decided
to maintain for the immediate future the resolution under which the
bureau exists, making therein such changes as might seem necessary,
and also to submit to the Governments the draft of a convention care-
fully considered by the committee, which might be concluded as soon
as the Governments should find it convenient. (Appendices Q and R . )
The conference maintained the presidency of the Secretary of
State of the United States of America in the governing board of the
Pan American Union. Indication has been made by the delegates
of some countries that it would be more in accordance with the equal
dignity of all the members in the union if the chairmanship of the
board were made elective, but it was pointed out that, by the common
practice of international unions a position of similar dignity is
usually accorded the minister of foreign affairs of the country in
which the union has its seat; and also that the presidency of the
Secretary of State would powerfully assist the union and help to
increase its dignity and efficiency. The importance of these con-
siderations was universally admitted, and the dignity of the presi-
dential office was again conferred upon the Secretary of State of the
United States, as an honor freely bestowed by the American nations.
In the absence of the Secretary of State, the sessions of the governing
board are to be presided over by one of the American diplomatic
representatives present, in the order of rank and seniority, and with
the title of vice president.
In order to acknowledge the dignity which it is proper to recognize
in an international institution of such importance, the name of the
bureau was changed to 'Tan American Union;" while the name of
the organization of American countries which supports the bureau
was changed to the briefer form of "Union of American Republics."
It was decided that a republic temporarily not represented by a
diplomat at Washington might intrust its representation on the
governing board of the Pan American Union to some member of that
board, this member then having a vote for each country represented.
Under a resolution passed at Rio de Janeiro in 1906, Pan American
committees have been established in nearly all of the republics. It
was the original intention that these bodies should cooperate with
the central union in carrying out its work. In accordance with this
purpose and in order to make it more definite, the Fourth Conference
embodied in the resolution and draft convention relating to the Pan
American Union an article defining the functions and relations of the
Pan American committees. Being thus linked to the central institu-
tion, they are to form with it a common organism, acting as its
representatives and agencies in the different States, and having on
10 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
their part the right to bring to the central union matters relating to
their respective countries.
The functions of the Pan American Union were not essentially
modified. It was decided that it would be desirable for the unioia
to gather and publish information on the current legislative acts of
the American Republics. The ])osition of the Pan American Union
as the permanent commission or agent of the International American
Conferences was emphasized. The success of these conferences in
the future will depend largely upon the thorough and sj^stematic
work of preparation carried on by the Pan American Union and
the committees. The questions considered by the conferences are
becoming less general and elementary, far more detailed and tech-
nical. The extensive bod}' of accurate information required in the
making of treaties and resolutions which shall be of practical value
can be furnished only by cooperative work carried on through the
Pan American Union and the committees in the different republics.
The financial administration of the union was more definitely
regulated with respect to the annual budget and the duty of the
member States to pay their quota upon a fixed date into the treasury
of the Pan American Union. It was left to the governing board to
arrange for the fulfillment of the duties of a treasurer on the part of
some official of the union, and to establish an independent system of
audit. The importance of the Columbus Memorial Library as a
center where the most complete information on all the countries of
the union can be obtained was recomized, and the countries renewed
their engagements to supply this collection with documents and other
books. In order to make the work of the Pan American committees
more successful, and to form in each country a center of information
on all the others, it was also provided that documents and books
shoidd similarly be sent to the Pan American committees in each
country.
It was felt that it would not be wise to attempt to make specific
regulations for all the activities of the Pan American Union. The
power to provide in this manner for the control of the administration
in all its agencies was therefore left to the governing board, and in
matters referring to the internal administration to the director general.
The Pan American Union thus established is an organization of
great importance and dignity. It was thsrefore thought proper that
the title of the head official should be changed to "director general,''
and that of the secretary to "assistant director." In connection
with this change, the committee and the fourth conference expressed
their high appreciation of the successful work of propaganda and
organization carried on by the present director general, the flon. John
Barrett, as well as the efficiency of the assistant director, jMt. Francisco
J. Yanes.
In preparing and adopting the draft of a convention concerning
the Pan American Union, the committee and the conference were
governed by the principle that in such convention there should be
laid down only the essential bases of the organization and functions
of the union, lea\ang to the governuig board and to the director
general the power to determine, by means of regulations, all the
details involved in the proper performance of the functions of the
union. The draft convention adopted rests entirely upon experience
and incorporates in a more formal manner the organization already
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 11
developed by means of the successive resolutions and the activities
of the union. In the draft of the proposed convention the essen-
tial elements of the organization are stated in a simplified form, while
many of the details of the resolution are left to the determination of
the governing board.
The draft convention on the Pan American Union is in a form
ready for the action of the Governments of the American Republics.
During the discussions in committee, the organization and action of
the Pan American Union were thoroughly inquired into by the
various delegates. The work accomplished in the past was fully
appreciated and the means for increasing the usefulness of the institu-
tion were discussed in detail and with deep interest. In a siprit of
friendliness and cooperation the committee sought to perfect as far as
possible the organization of the union and to give it greater efficiency,
scope, and dignity.
APPRECIATION OF ME. ANDREW CARNEGIE's GENEROSITY.
The representative of the United States on the second committee
thought it best to leave to the other members thereof the prepara-
tioi of the resolution embodying the appreciation of the conference
of Mr. Andrew Carnegie's generous gift toward the cost of the new
building for the Union of American Republics. It was, however, a
source of much gratification to hear the many friendly and grateful
references made by them, and by the delegates generally, to Mr
Carnegie's interest in the cause of Pan-Americanism, and to the
practical and generous assistance rendered by him to its furtherance
through the magnificent gift in question.
You will observe from the resolution, whTch is submitted herewith
as Appendix S, p.nd which was passed mianimously, that the Govern-
ing Board of the Union of American Republics is instructed to present
to Mr. Carnegie in behalf of the conference a copy of the resolution,
together with a gold medal bearing on the obverse side the words,
"To Andrew Carnegie, the American Republics," and on the reverse
side, "Benefactor of humanity."
PAN AMERICAN RAILWAY.
One of the duties with which the conference was charged was that
of reporting what progress had been made since the Rio conference
upon the Pan American Railway, and of considering the possibility
of cooperative action among the American Republics to secure the
completion of the system.
In the performance of the first part of this task, the labors of the
conference were greatly simplified by the comprehensive but concise
and businesslike report of the permanent Pan American Railway
committee, through its chairman, the Hon. Henry G. Davis. This
report, bearing date of June 10, 1910, was duly presented to the
conference. A copy is hereto annexed, marked Appendix GG. It
embodied all the information as to the progress of the work which
had been received at Washington up to the time of its signature.
Its statements were found to be correct, and its usefulness to the
conference was much enhanced by the circumstance that the Ameri-
can delegates were furnished, on their departure from the United
12 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
States, with an abundant supply of copies, printed in English and
in Spanish, for distribution among their colleagues.
Either in their formal reports, which were printed for the use of
the conference, as to the action of their Governments upon the vari-
ous conventions and resolutions of the conference at Rio, or in special
communications filed with the appropriate committee, statements
on the subject of railways, usually with reference to the Pan Ameri-
can system, were made by the delegations from Argentina, Brazil,
Chile, Costa Rica, Guatemala, Honduras, Mexico, Nicaragua, Panama,
Paraguay, Peru, Salvador, and Uruguay, the United States present-
ing the report of the permanent committee. It appeared by the
statement of Peru that about 200 kilometers of new railway had
been opened in that country since the period covered by the Davis
report. Mr. Mejia, of Salvador, the energetic and capable chairman
of the committee on the Pan American Railway, announced during
its sessions that contracts had been concluded for the completion of
that part of the line lying in his country. The delegate from Para-
guay, besides submitting a special statement for that country, pre-
sented a rectification of the boundary line, as. shown in the map
accompanying the Davis report, betw^een Paraguay and BoUvia.
The fact was generally understood, however, that the map was not
intended to be authoritative as to international bomidaries.
After due dehberation it was decided in committee that it would
not be of any practical advantage for the conference to undertake,
on the information before it, to adopt a specific and direct plan of
cooperation among the American Repubhcs for the completion of the
Hne, it being apparent from the oral statements of delegates, as well
as from the printed and written documents, that the formulation of
such a plan would necessarily involve the consideration of variant
local conditions as to which, especially in Colombia, further investi-
gation was essential.
After numerous sessions the committee agreed upon and presented
the following report:
The fifth committee, charged with the consideration of Subject VI of the program
of the proceedings, has the honor to present to the conference the result of its delibera-
tions.
From the examination of the documents and data submitted by the permanent
Pan American Railway committee and by various delegations it appears that the
work on the Pan American Railway presents the following conditions: Of 10,211.5
miles, which constitute the total length of the route from Washington to Buenos Aires,
there havebeen built 6,012.9 miles and there remain to be built 4,198.6 miles.
The sections respectively belonging to the territories of the Republics of the United
States, Mexico, and Argentina have been finished.
In the time which has elapsed since the last conference at Rio considerable advances
have been made on other sections of this important work, but according to the data
before it the committee believes that the execution of the work in the part not yet
constructed will not be completed within a term responding to the common desires
manifested in this and in the preceding conferences if the union of the Republics does
not adopt measm-es designed to accomplish it in a more efficacious way.
With these antecedents, and taking into account the different votes given in pre-
vious conferences in favor of the rapid completion of this work, which has contributed
80 efficaciously to the union of the Republics, the committee proposes that the present
conference adopt the following resolutions:
1. To continue the existence, with all its powers, of the permanent Pan American
Railway committee in Washington, to which, for the important services which it has
rendered, the conference expresses its acknowledgments.
2. To confirm the resolutions taken by the Third Pan American Conference on this
same point.
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 13
3. Taking into consideration the high moral and material advantage of the com-
plete realization of the important work projected, the conference charges the perma-
nent Pan American Railway committee with the collection, in the briefest possible
time, of all the investigations and data, technical and financial, necessary for the
formation of a definitive plan and proposition designed for the construction of the
work, and earnestly recommends the countries interested in its completion to adopt
and communicate to the permanent Pan American Railway committee the most
efficacious measures as to the giiarantees and subsidies which can be offered to facili-
tate the fulfillment of this great common desire, to the end that the said committee,
in view of these communications, may propose a practical form for the solution of the
problem, which would be impossible, or at least very remote of accomplishment, if
it should be abandoned to the isolated action of each of the countries specially inter-
ested in it.
This report was adopted by the conference without division.
It may be mentioned, as one of the numerous signs of the wide-
spread interest exhibited in the Pan American Eailway, that although
the committee on the subject was a large one, consisting of a repre-
sentative from each delegation, its meetings, which were held twice
a week, were usually, if not uniformly, attended by all the members,
although some of the countries represented in the conference had and
have no direct concern in the project.
CONSIDERATION OF THE CONDITIONS UNDER WHICH THE ESTABLISH-
MENT OF MORE RAPID MAIL, PASSENGER, AND EXPRESS STEAMSHIP
SERVICE BETWEEN THE AMERICAN REPUBLICS CAN BE SECURED.
This work was intrusted to a committee of seven. This committee
had a number of meetings, but it was suggested by the chairman that
each should prepare a statement giving the general idea of the con-
ditions and constitutional powers limiting governmental encourage-
ment, what had been done under such powers, and suggestions of
means to secure the service desired. As a result certain recom-
mendations were prepared, which accompany this report as Appen-
dix U.
The instructions to the United States delegation were such as to
preclude the suggestion or approval of any definite means of govern-
mental encouragement. For this reason the resolutions submitted
were confined to such limits as were general in their application.
The resolutions received the full approval of all the members of
the committee, and were submitted to the conference by the chair-
man on August 12, 1910.
The extent and scope of the resolutions were explained by the
chairman in his presentation of the report which is attached hereto
as Appendix HH.
The resolutions were then voted upon one after the other and all
were adopted without a dissenting vote.
UNIFORMITY IN CUSTOMS AND CONSULAR REGULATIONS, CENSUS, AND
COMMERCIAL STATISTICS.
This general subject was considered by a committee of 20 made
up of one representative from each delegation. At its first session
three subcommittees were appointed to make the necessary pre-
liminary studies, the first of customs and consular administration,
the second of census matters, and the third of commercial statistics,
vrith the duty of reporting to the full committee measures tending to
14 FOURTH IXTERXATIONAL CONFERENCE OF AMERICAN STATES.
establish uniformitT of administration among the American Repubhcs
in the several regards named. The bases of these studies were the
several memoranda which accompany the report of the full committee,
and the proceedings of prior Pan American Conferences and of the
New York customs congress. Material assistance was given by
experts in consular and customs administration whose services were
placed at the disposal of the subcommittees by the Argentine ministry
of finance.
The instructions of the Department of State to the United States
delegation laid special emphasis upon the vexatious liindrances to
interchange of trade among the American Republics which resulted
from the enforcement by them of regulations affecting their customs
and consular services, \videly different in character, and leading to
confusion on the part of exporters and importers who must comply
with them. The delegation was urged to secure an agreement, by
convention or otherwise, for such unification and simplification of the
existing administration as would tend to remove these hindrances.
Specificall)^ it was instructed to secure, if possible, the adoption of
(1) uniform regulations respecting manifests, (2) a uniform consular
invoice to be made out in the language of the country of import and
in the currency of purchase, (3) uniform certification fees for con-
sular invoices of $2.50 gold where the invoice value exceeded -SI 00, and
for lesser valties, 50 cents, (4) an agreememt to dispense with consular
certification of manifests and bills of lading, and (5) a uniform rule
that entry of.imported merchandise should, in all cases where hj reason
of delay in mails or for other satisfactory cause the original consular
invoice failed to reach customhouse authorities with the shipment, be
allowed on a statement in the form of an invoice, accompanied by a
proper bond for the subsequent production of a duly certified invoice;
and providing further that technical defects in the consular docu-
mentation of shipments should not be the basis of fines or penalties,
and that manifest clerical errors in such documentation might be
corrected after entry at the customhouse and without prejudice to
the consignee or owner.
The investigation of the committee disclosed that 18 of the Ameri-
can Republics require consular invoices and that the remaining 3
require certificates of origin, which follow closely the requirements of
the consular invoice. The committee had before it the forms of 3
documents of each country in Spanish and English. It was found
that different countries required dift'erent specifications of shipments
and different forms of certificates of shippers and consuls. A com-
parative study of these forms was made by the Argentine experts,
the result of which convinced the committee that the essential require-
ments of all these documents could be combined into a single inter-
national form of consular invoice if there were omitted the certificates
of shippers and consuls which .must reflect the requirements of local
laws. With this omission an international form of consular mvoice
was reported by the committee and adopted by the conference, which
is substantially the present United States form.
By similar means the committee reached the agreement that a
common form of consular manifest, which document tliree of the
American Republics deem essential to safeguard their customs
revenues, could be adopted.
In the view that the ship's general manifest was substantially a
consolidation of bills of lading and had no utility in the entry of
FOURTH INTEEISTATIONAL CONFERENCE OF AMERICAN STATES. 15
imported goods, not subordinate to the consular invoice, it was
readily agreed by the committee to concur in the recommendation of
the first "conference to dispense with consular certification of that
document, and also to dispense with the certification of the bill of
lading as to the countries requiring the certified consular invoice, for
the reason that as the latter document embraces all material data
set forth in the former and both accompany the shipment, the certifi-
cation of the latter was unnecessar}^.
In respect of fees exacted for consular certification of invoices, an
examination of the laws and regulations of the several Republics
showed two general systems in force. The first may be appropri-
atel}^ designated the flat-rate s3^stem, the consular certification fee
being a fixed moderate sum intended solely as a compensation for
the consular service rendered. But two nations employ this system,
one (Brazil) requiring the flat rate of -ll.eo and the other (the United
States) of $2.50. In the second system the certification fee is in the
nature of a tax* on the merchandise listed in the invoice, but this
system is not uniformly applied. One group of nations exacts a
fixed consular certification fee corresponding to fixed invoice value
with increments in the former corresponding to increments m the latter.
Another group similarly requires a fixed consular certification fee
corresponding to a fixed invoice value, but provides that where the
invoice value exceeds a certain specified limit the prescribed consular
certification fee shall be increased by a percentage charge on the
amount in excess or shall be wholly substituted by a straight per-
centage charge on the total invoice value. Two countries dispense
altogether with the fixed certification fee corresponding to fixed
invoice values and exact a straight percentage charge on the invoice
value whatever the amount, one of these requiring in addition thereto
a stamp tax. The percentage charge in all these cases is, in reality,
an added ad valorem duty on the merchandise imported.
It w^as disclosed that the diversity as to system of consular tariffs
adopted by the several countries was not more marked than the
inequality of the charges exacted by them. Takmg, for example, an
invoice value of $2,000, the consular certification fees range upward
from a minimum of $1.65 to a maximum of $60.
Representatives of those countries which exact fees for the consular
certification of invoices in the nature of a tax on the merchandise
imported were generally of the opinion that it was impracticable to
replace that system with the so-called flat-rate system. It was con-
ceded by them, however, that the charges were in many cases exces-
sive, operated to restrict commerce, and ought in such cases to be
reduced, but not below the point necessary for the maintenance of
the consular service. The final agreement of the committee, which
was accepted by the conference, is set forth in Article VI of the reso-
lutions reported under this head as follows :
Consular fees should be moderate and should not constitute an indirect method of
increasing customs receipts. It is believed that it is for the best interests of the
international commerce of this continent that these fees, no matter what method is
employed for their collection, be limited as far as possible to amounts necessary to
cover the cost of maintaining the consular service.
The uniform rule proposed in the instructions to the United States
delegation that fines and penalties be not imposed on account of
technical errors in documents authenticated by consul, and that mani-
fest clerical errors therein be condoned (subdivision 5, supra), met
16 FOURTH INTERNATIONAL CONFERENCE OP AMERICAN STATES.
with general opposition on the ground that a provision to this effect
would contravene a principle of jurisprudence of many Latin-
American Republics, affirmed by their highest courts, namely, that
mistakes in documents attested by consul raise a presumption of
fraud which must be rebutted by conclusive proof. It was urged
that this principle was of the greatest efficacy in protecting their
customs revenues against frauds. The attempt to secure an accept-
ance of this rule had to be abandoned.
The second set of resolutions reported by the committee, under the
heading "Customs Regulations," and adopted by the conference, are
a restatement, with modifications wliich made them acceptable to
the committee, of resolutions of the New York Customs Congress,
which had never been placed before the several countries in a formal
way for their adhesion. It was deemed advisable by the committee
that these conclusions of the New York congress should be reaffirmed
and formally submitted with its other recommendations, beheving
them to be an essential step in the unification of fustoms adminis-
tration.
In the third set of resolutions reported by the committee and
approved by the conference an effort has been made to segregate and
define that part of the work of unification and simplification of cus-
toms regulations which is technical in nature and requires the pre-
liminary study of specialists. A definite program for this study,
which includes customhouse nomenclature, nas been outfined. The
conference has followed the precedent of the Third Conference and
of the New York Customs Congress in devolving this work upon the
section of customs, commerce, and statistics of the Pan American
Union, in the light of whose investigation it is hoped a subsequent
conference may take up and complete the projected unification.
In the discussion in the committee in respect of census matters it
was developed that the periodical taking of a census of population, as
now^ required by law, had been prevented in certain of the American
Repubhcs by the fact that it would operate to disturb the represen-
tation in their legislatures, in view of the requirement that such rep-
resentation shall be based on population, and that considerations of
this character might embarrass the talcing of an ail-American census
for 1920, as suggested in the memorandum of the Director of the Cen-
sus of the United States. The sentiment of the committee was favor-
able to the taking of such a census wherever practicable, and that it
should include also a census of industries and general resources. The
committee was of the opinion that the fines upon which such census
should be taken and the degree of uniformity which could be observed
in such an undertaldng and in the compilation of commercial statis-
tics could, in the hmited time available to the committee, be indicated
only in general outfine, and must be left mainly to the study and analy-
sis of specialists in such matters, and that the duty of making such
study and analysis and formulating timely recommendations to the
several governments would be appropriately devolved upon the sec-
tion of customs, commerce, and statistics of the Pan American Union.
Resolutions of this character and in substantial accord with the views
expressed in the memoranda of the expert statistician of the Depart-
ment of Commerce and Labor and of the Director of the Census trans-
mitted with and made part of the instructions to the delegation of the
United States were adopted.
FOURTH INTERNATIONAL, CONFERENCE OF AMERICAN STATES. 17
The text of the report of this committee will be found in Appendix
II and that of the resolutions, five in number, in Appendix \ .
The efficient consul general of the United States at Buenos Aires,
Mr. Richard M. Bartleman, cheerfully'cooperated with the represent-
ative of the United States on this committee and rendered valuable
assistance.
SANITARY POLICE AND QUARANTINE.
This subject was considered by a committee which was composed
of one member from each delegation, and of which Dr. Carlos M. de
Pena, of Uruguay, was elected chairman.
The instructions of the Secretary of State directed us to "endeavor
to procure from the conference a recommendation that the conclusions
of the Mexican and Costa Rican Sanitary Conferences be adopted by
the respective countries." A memorandum was presented by the rep-
resentative of the United States delegation reviewing the work of
previous conferences on sanitary matters and recommending, in ac-
cordance with our instructions, the adoption of the conclusions of the
sanitary conferences referred to. Discussion centered on the pro-
posed amendment to Article IX of the sanitary convention of Wash-
ington, whereby the official proof of freedom from infectious disease
must be "satisfactory to the interested party." The representatives
of six countries objected to these words on the ground that they might
put the commerce of a weak country at the mercy of the caprice of a
stronger. After considerable debate it was unanimously agreed to
propose in place of the words suggested the following phrase : Official
proof "satisfactory to both parties interested." As these words ap-
peared to the representative of the United States to accomplish the
purpose intended, he, after consultation with the other members of
the American delegation, accepted them, and they were incorporated
in the resolution adopted.
Notwithstanding his general agreement with this proposition, the
representative of Venezuela had certain reservations which he de-
sired to put on record, and by vote of the committee he was per-
mitted to append a statement to the draft resolution submitted to
the conference. The resolution as finally adopted accomplishes,
therefore, all that the delegation of the United States w^as instructed
to obtain.
The representative of the United States further suggested to the
committee the desirabilitv of including a recommendation that in
case of epidemics the respective national governments assume con-
trol of the situation. In the opinion of the committee this point was
covered by the fact that such a resolution was already included in the
recommendations of previous conferences, and he did not think it
wise to press the matter.
The text of the report of the committee will be found in Appen-
dix J J, and that of the resolution in Appendix W.
PATENTS, TRADE-MARKS, AND COPYRIGHTS.
These subjects cover three topics of the program and the work of
two committees, but they are so closely related that they can be
treated together to better advantage than separately At the outset
74034— S, Doc. 744, 61-3 2
18 FOURTH INTERN ATIONAL, CONFERENCE OF AMERICAN STATES.
we are pleased to state that we have succeeded in obtaining the
adoption of suitable conventions to regularize the mutual protec-
tion of these classes of property among the American Republics.
The history of the proceedings relating to the adoption of conven-
tions between the American States upon these subjects is outlined
in the report of the committee on patents, trade-marks, and copy-
rights of the Third International Conference held at Rio de Janeiro
in 1906, published on pages 154-160 of the Report of the Delegates
of the United States (S. Doc. No. 365, 59th Cong., 2d sess.), which it
is unnecessary to reproduce here.
As a result of the discussion in the Third Conference, a conven-
tion relating to patents and trade-marks was signed, not only by the
representatives of the other American Republics, but also by those of
the United States. The proposed convention was placed before
the United States Senate for approval, but was subsequently with-
drawn. The treaty was opposed principally on the ground that the
provisions of the convention, if applied to the United States, would
give force and effect to patents issued in accordance with the laws of
any of the States adhering to the convention, notwithstanding the
fact that some of these States granted patents without previous
inquiry as to the usefulness of the article as to whether it was really
an invention or\n improvement. It was sho^^^l that the patent
laws of the United States require a careful examination to be made
of the state of the prior art to determine whether the invention
claimed was new and useful as a prerequisite to the grant of a patent ;
and it was urged that this system, which is in effect the basis of the
commercial progress of the United States, should be maintained in
its entirety.
It was also shown that the carrying out of the convention would
oblige the United States to furnish authenticated copies of patents,
assignments of records, and other documents, imposing an enor-
mous and needless burden, upon that country. And the further
ground of objection was presented that the treaty would have been
in conflict with the most advanced systems and particularly incon-
sistent with the Paris convention of 1883, the merits of which have
been recognized by previous Pan American conferences.
We have the honor to report that the three distinct conventions
adopted by the conference can be entered into by the United States
without disruption of its own patent, trade-mark, and copyright laws,
and will not interfere with the internal laws of the other American
Republics.
The conventions finally adopted are substantially the same as
those drafted by Mr. Edward B. Moore, the Commissioner of Patents,
who accompanied the delegation as expert attache. The conven-
tions are so drafted that they will harmonize (a) with the Interna-
tional Convention for the Protection of Industrial Property, signed
at Paris in 1883, and amended at Brussels in 1900, to which the
majority of the European nations are adherents; (6) with the treaty
of Paris of 1891, which provides for the international registration of
trade-marks, and to which several of the European nations are adher-
ents; and (c) with some modifications, harmonize with the copyright
treaty of Mexico,
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 19
PATENTS.
In the drafting of the convention- on patents (Appendix J) the
conference has taken into consideration the objections raised by
many of the States to the Rio convention, and has respected the
provisions of the internal laws of the several signatory States. Gen-
eral principles protecting and safeguarding the rights of inventors
are proclaimed, and the wa}^ is made easy for future uniform and
universal legislation. While certain portions of the treaties of Paris
and of Brussels have been adopted, it is provided that the present
convention be considered as a substitute for all former treaties on the
subject, and it is recommended that it be finally adopted by the
signatory States as a basis for the enactment of their respective
patent laws.
TRADE-MARKS.
The Convention for the Protection of Trade-Marks (Appendix K)
declares that any mark, duly registered in one of the signatory States
shall be considered as also registered in the other States, without
prejudice to the rights of third persons or to the provisions of the
laws of each State governing the same. Provision is made for the
payment of a small fee to cover the expenses of the international
registration. It provides that the deposit of a mark in one State
produces in favor of the depositor a right of priority for a period of
six months, so as to enable him to make the deposit in the other
States. Trade-marks are then defined. Questions arising as to
the priority of the adoption of a trade-mark must be^ decided with
due regard to the date of the deposit in the country where the first
application therefor was made. Provision is made that the falsi-
fication, imitation, or unauthorized use of a trade-mark as also the
false representation as to the origin of the product, can be prose-
cuted by the interested party in accordance with the laws of the
State wherein the offense is committed. The grounds upon which
trade-marks can be canceled are also stated. Commercial names
are protected without deposit or registration, whether they form
part of a trade-mark or not. The convention also provides for the
establishment of international bureaus at Havana and Rio de Janeiro,
and defines the duties of the same. The registration of a trade-
mark obtained in any one of the signatory States is made effective
throughout all the Republics represented in the conference, upon a
certificate of ownership thereof, issued by such State, being regis-
tered in either of the international bureaus.
This form of international registration differs from that set forth
in the Rio convention, wherein it is provided that the registration
of a trade-mark secured in either of the two bureaus is made effective
throughout all of the States, as if made in each of the several signa-
tory States, save that any State is allowed one year from the date of
ratification by the bureau within which to accept or reject such reg-
istration.
It is believed that the adoption of this convention will promote
comity and commerce among the several Republics, and, to that end^
it is hoped that such action will be taken by our Government at the
earliest possible moment.
20 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
COPYRIGHTS.
In framing the Copyright Convention (Appendix L) the end kept
in view was to provide legal protection in all the countries of the
Union for works produced in any one or more of these countries, and
for works produced anywhere by citizens of one of the signatory
States. It was proposed at the same time to make this protection
effective without an international court or bureau, relying instead on
the laws of the several countries for the maintenance of the rights
guaranteed by this convention. In pursuance of this purpose it was
found advisable not to adopt the provisions for two bureaus contained
in the convention signed at Rio de Janeiro, August 23, 1906, and
which has been adopted as regards trade-marks. These bureaus
appear to be unnecessary and calculated to render impracticable any
convention embodying them. While the effectiveness of the present
convention wiU depend upon the existence of proper and well-executed
copyright laws in the several countries, it was not thought desirable to
seek, through the ratification of this convention, to pledge each coun-
try to adopt such copyright laws as might be necessary for a satis-
factory execution thereof, in case such laws were not already in exist-
ence. In any case where the requisite legislation had not been
adopted the nation concerned might avoid the obligations of such a
proposed pledge by simply refusing to ratify the convention; and any
nation, finding it advantageous to proceed under a legal system that
afforded no protection to the works of foreign authors, or even to the
works of the authors of the country in question, might not be expected
to expedite the adoption of new laws, except under some motive more
powerful than that offered by a suggested pledge presented in this
convention.
It is desirable that the laws of the several States should provide for
a uniform general term of copyright protection ; and if am' nation has
established a shorter term than the legal term estabhshed in other
nations it may be supposed that, desirous of securing to its own
authors rights as extensive as those enjoyed by the authors of other
countries, it will, on its own initiative, so modify its laws as to bring
them into harmony with the legislation of the other nations of the
Union.
In adopting this convention the conference has aimed at effective-
ness by avoiding impracticable details of organization. It has sought
to secure, with a minimum of formality, trouble, and cost, protection
in all countries of the union for all works that may be made subject to
a law of copyright. The definition of works for wliich protection is
sought under tliis convention is made sufficienthT^ comprehensive to
embrace "every production which can be published by any means
whatsoever of impression or republication." The right of property in
any such production recognized in any State in accordance ^.vith its
laws shall have full recognition in all the other States, ^^•ithout com-
pliance with any formality other than that there shall appear in or
on the work in question an indication that the right of property in it
is reserved. The authors of the works protected under this conven-
tion, or their assigns, shall enjov in the signatoiy countries the rights
which the laws of these countries respectfully confer: but in no case
shall the term of protection accorded exceed that of the country of
origin, the countrv of orig-in being defined as that in wliich the work
FOUETH INTERN ATIONAl, CONFERENCE OF AMERICAN STATES. 21
is first published. Authorized translations also are protected in the
same manner as original works.
In conclusion we beg to say that great interest was manifested by
the members of the Committee on Patents and Trade-marks in the
meeting of the international union for the protection of industrial
property, which is to be held in Washington in May, 1911, and to
which all the American Republics have been invited.
The report of the committee on copyrights will be found in Appen-
dix LL.
TREATY FOR THE ARBITRATION OF PECUNIARY CLAIMS.
The eleventh subject of the program of the conference was the
' ' consideration of the continuance of the treaties on pecuniary claims
after their expiration."
By the Second International American Conference, held in the City
of Mexico, a treaty was concluded, January 19, 1902, by which the
high contracting parties agreed (Art. I) "to submit to arbitration all
claims for pecuniary loss or damage which may be presented by their
respective citizens, and which can not be amicably adjusted through
diplomatic channels, when said claims are of sufficient importance to
warrant the expenses of arbitration." It was further agreed (Art. II)
that all controversies embraced in the treaty should be submitted to
the decision of the Permanent Court of Arbitration established under
the Convention for the Pacific Settlement of International Disputes,
signed at The Hague, July 29, 1899, unless the parties to the dispute
should prefer to create a special jurisdiction; but as the American
nations, with the exception of the United States and Mexico, were not
represented in the first Hague conference, it was provided (Art. Ill)
that the treaty should be obHgatory only upon States which had
subscribed to that convention and upon those which should ratify
the protocol, just then adopted at Mexico, looking to the adhesion of
aU the American States thereto. Finally, it was stipulated (Art. V)
that the treaty should be binding upon the ratifying States from the
date on which five of them should have ratified it, and that it should
remain in force for five years.
By reason of this limitation, the question of renewing the treaty
was one of the subjects committed to the Third International Ameri-
can Conference, which was held at Rio de Janeiro in 1906. In its
instructions to its delegates to that conference the Government
of the United States said:
This is a matter special to the American States and it calls for special consideration
* * *. The treaty was to continue for five years. It has been ratified by only five
powers, inchiding the United States. The treaty should be extended for another five
years, and an urgent effort should be made to secure the adherence of the other powers.
You can readily ascertain whether the failure of ratification by twelve out of the
seventeen powers who signed the treaty'was due to some objectionable feature which
can be remedied, or to fundamental objections, or to indifference. This treaty is the
very simplest and narrowest form of a general agreement to arbitrate, and so long as
three-fourths of the American States have not reached this point of agreement the
discussion of any proposals for compulsory arbitration of a wider scope would seem to
be at least premature.
When the c[uestion of renewing the treaty came to be considered
by the committee to which it was referred, it gave rise to much dis-
cussion. It seems to have been ascertained that the treatv had in
22 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
fact been ratified by eight, instead of by only five, of the signatory
States, namely, by the United States, Mexico, Nicaragua, Guatemala,
Salvador, Honduras, Peru, and Bolivia; but a large majority of the
committee desired to modify it by adding a clause to the effect that
arbitration should take place only after the legal recourses afTorded
by the courts of the country against which the claim was made had
been exhausted, the reason assigned for this proposal being that the
phraseology of the fu-st article of the treaty lent itself to the inter-
pretation that the ordinary course of justice existing under the
internal organization of each signatory State was to be superseded by
international arbitration. The minority of the committee main-
tained that this objection was not well founded; but it was only after
much discussion and delay that a report satisfactory to the majority
of the committee and acceptable to the minority was secured unani-
mously recommending that the treaty be extended. This report con-
tained the following paragraphs:
This partial ratification (of the treaty by the eight powers above named) may,
perhaps, have been due to the precise terms in which the first article provides for
arbitral jurisdiction, this being possibly interpreted to mean that the inherent internal
rights and prerogatives of a state were in all cases to be substituted by an arbitral
tribunal whose jiirisdiction could not be avoided.
It is clear that such an interpretation is not well founded. If it be established that
all claims for losses and damages brought against a state by the citizens of another
must be submitted to arbitration, when they can not be adjusted through diplomatic
channels, it is but reasonable to presume that there are cases in which diplomatic
intervention is justified.
The internal sovereignty of a state, an essential condition of its existence as an
independent international power, consists explicitly in the right it always preserv^es
of regulating such juridical acts as are consummated within its territory, by its laws,
and of trying these by its tribunals, excepting in cases where, for special reasons (and
to these international law devotes particular attention) they are converted into
questions of an international character.
It was deemed advisable, however, to amend the treatj^ by striking
out the third article, the substance of which is given above, the pro-
visions of this article having ceased to be applicable to existing con-
ditions because of the adhesion of the American nations, after the
conference at Mexico, to The Hague convention of 1899. Moreover,
as the term of five years, during which the treaty was to remain in
force, was understood to run as to each contracting party from the
date of its act of ratification, it was decided to fix one uniform day on
which the treaty, as amended and renewed, should terminate; and
the day adopted for this purpose was December 31, 1912. A treaty
designed to accomplish these objects was accordingly signed August
13, 1906.
Such being the situation, we were instructed, ''as The Hague gen-
eral arbitration treaties, which were adhered to by most American
Republics in 1907," did not "satisfactoril}?' cover the subject," to
"urge the continuance of the treaties on pecuniary claims after their
expiration," and, if any government represented in the conference
should desire to discontinue them, to ascertain its reasons therefor.
According to the advices received by the department previously
to our departure, the treaties of Mexico and Rio had been ratified by
eight powers, namely, the United States, Chile, Colombia, Costa Rica,
Cuba, Guatemala, Mexico, and Nicaragua. By the summary sub-
mitted, however, to the conference b}^ the third committee of the
reports and memorials presented by the various delegations, it appears
FOURTH INTERNATIONAL CONFERENCE OP AMERICAN STATES. 23
that there should be added to the hst Ecuador, Honduras, Panama,
and Salvador, making 12 Governments in all.^
The question of continuing the treaties was referred to a committee
composed as follows: Dr. Gonzalo Ramirez (Uruguay), chairman;
Mr. Mario Estrada (Guatemala), secretary; and Messrs. John B.
Moore (United States), Eduardo L. Bidau (Argentine Repubhc),
Gastao da Cunha (Brazil), Americo Lugo (Dominican Republic), and
Victoriano Salado Alvarez (Mexico).
After the first formal session of the committee a draft of a new
treaty, to replace the treaties of Mexico and Rio, was communicated
by the chairman to the other members. This project contained the
following article:
Article II. In case the nation against which the claim is made does not admit the
procedure by the diplomatic channel, the arbitral tribunal shall treat this point of
difference as a preliminary question, and if it decides that the diplomatic procedure
is not appropriate, the claim shall be dismissed.
If this preliminary question shall be resolved in favor of the procedure by the dip-
lomatic way, the arbitral tribunal shall then take cognizance of the merits of the case.^
It will be observed that this proposal revived, in a specific but more
pointed form, the question which provoked so much discussion and
proved to be so difficult of adjustment at Rio in 1906. It was re-
ceived by the committee with general approval. It was opposed by
the member from the United States on the ground that it tended to
limit the freedom of diplomatic action; that it would have the effect
of inviting denials of the propriety of such action, and of dividing,
delaying, and complicating the process of arbitration; and that it
would be incapable of exact execution, for the reason that the ques-
tion whether diplomatic intervention was justified could not usually
be determined without an examination of the merits of the case. In
the midst of this division of opinion, a solution was at one time sug-
gested to the effect that the tribunal of arbitration should be required
to decide all questions submitted to it, but this suggestion found little
support, since it was not thought to be desirable to impose upon the
arbitrators the burden of deciding questions which might be alto-
gether immaterial to the proper disposition of the case before them.
Finally, the member from the United States urged that the attempt
to make substantial changes should be deferred till the apprehended
defect should actually be shown to exist and that this position was
all the more reasonable in view of the circumstance that none of the
ratifying Governments had complained of the manner in which the
treaties had operated. In the end, it was, after much discussion,
agreed to adhere to the text of the first article of the treaty of Mexico,
with the addition, proposed by the member from the United States,
of the stipulation that the decision of the arbitrators should "be
rendered in accordance with the principles of international law," this
1 The dates of ratification are as follows: United States, Mar. 2, 1907; Chile, June 28, 1909; Colombia, Aug.
29, 1908;- Costa Rica, Oct. 28, 1908; Cuba, Mar. 17, 1908; Ecuador, November, 1909; Guatemala, Apr. 20, 1907,
and Feb. 15, 1909; Honduras, Feb. .5, 1907; Mexico, Nov. 18, 1907; Nicaragua, Feb. 20, 1908; Panama, date
not given; Salvador, May 11, 1907. The situation in the nonratifying countries was as follows: Argentine
Republic, approved by the Chamber of Deputies, but still pending in the Senate; Brazil, pending in the
Congress; Dominican Republic, Haiti, and Paraguay, no statement presented; Peru, pending in the Con-
gress; Uruguay, not sent to the legislative body:"Venezuela, no statement presented.
2 ArtIculo il. En el caso en que la nacidn contra la cualse deduce el reclamo no reconociese la proceden-
cia de la via diplomatica, el tribunal arbitral fallara como cuestion previa ese punto de disidencia y si
juzgase que no precede la via diplomatica la reclamacion quedara desechada.
Si esa cuestion previa fuese resuelta afirmando la procedencia de la, via diplomdtica, ei tribunal arbitral
entrara a conocer del fondo del asunto.
24 FOURTH INTERNATIOlsrAL. CONFEEEXCE OF AMERICAN STATES.
formula, or its equivalent, havino; usually been inserted in the gen-
eral claims conventions of the United States, although it may be
regarded as a declaration of the obvious intention of the contracting
parties.
The preservation of the terms of submission of the treaty of Mex-
ico, without quahfication or impairment, having been secured, the
committee readily concurred in the view that, as that treaty, although
it had been amended at Rio, would by reason of its reference to cer-
tain articles of The Hague convention of 1899, which has been replaced
by the convention of 1907, have to be amended yet again, it would be
more convenient and more businesslike to make the new treaty com-
plete in itself and to cast it in such form as to render unnecessary its
recurrent adjustment to possible changes in The Hague conventions.
This was done. Moreover, as the renewal of the treaties of Mexico
and Rio had been attended with difficulties, it was proposed by the
representative of the United States that the duration of the new agree-
ment should be made indefinite, subject to the right of a ratifying
power to withdraw after two years' notice. This proposal was
adopted, and a clause was added continuing in force the treaty of
Mexico after December 31, 1912, as to any claims which might, prior
to that date, have been submitted to arbitration under its provisions.
After a final agreement was reached on the text of the treaty the
previous discussions as to the question of diplomatic intervention were
revived over the draft of a report which was presented b}^ the chair-
man of the committee. In this paper, in which there was an exposi-
tion of general principles, interwoven with quotations from writers,
certain expressions of public men were cited as tending to show that
the question of the propriety of the resort to the diplomatic channel
might be treated as a previous or preliminary question, apart from the
merits of the case. In this predicament the member from the United
States deeming himself to be precluded, for reasons which have been
sufficiently explained, from accepting all the conclusions of the report,
proposed to add to it and to sign for himself the following declaration:
The undersigned, while he refrains from entering into a discussion of the statements
of general principles embodied in the foregoing report, deems it proper to observe that
he does not consider it to be practicable to lay down in advance precise and unyielding
formulas by which the question of a denial of justice may in every instance be deter-
mined. Still less does he believe it to be possible to treat this matter as a preliminary
question which may be decided apart from the merits of the case, or to include in a
general treaty of arbitration a clause to that effect. In the multitude of cases that
have, during the past 120 years, been disposed of by international arbitration the ques-
tion of a denial of justice has arisen in many and in various forms that could not haA-e
been foreseen; nor can human intelligence forecast the forms in which it may arise
hereafter. In the future, as in the past, this question will be disposed of by the
amicable methods of diplomacy and arbitration, and in that spirit of mutual respect
and conciliation which happily grows stronger among nations with the lapse of years.
As it was thought that this declaration would, if dealt with in the
manner proposed, have the appearance and effect of a minority report,
it was at length agreed that it should be embodied in the report of the
committee (Appendix MM), where it is followed b}' the statement
that the other members of the committee accept it, since they do not
consider it to be in conflict with what is set forth in the report. In
this way the unanimous desire of the committee for a report which
should bear the signatures of all its members was happily attained.
It is a pleasure specially to acknowledge the untiring efforts which
the eminent chairman of the committee put forth to expedite its
FOURTH INTERNATIONAL CONFERENCE OP AMERICAN STATES. 25
labors. As he was at the time indisposed, the meetings of the
committee were usually held at the house of the Uruguayan Lega-
tion, of which he was the head; but in accordance with his wishes,
they were held by special appointment, without regard to official
notices, whenever, in the day or in the evening, the members could
conveniently assemble; and they were thus not only more frequent
but longer in duration than was customary. There can be no doubt
that the attainment of the desire, felt by every member of the com-
mittee, for a prompt and satisfactory termination of its labors, was
facilitated by the example of industry and high purpose set by the
venerable man who presided over its deliberations and by the feeling
of deep respect in which he was held.
The treaty (Appendix M) was adopted by the conference unani-
mously, the Venezuelan delegate stating, however, that Venezuela
would sign the treaty with the special reservation that recourse to
diplomacy should take place only when there had been a denial of
justice.
INTERCHANGE OF UNIVERSITY PROFESSORS.
For the purpose of promoting in each of the American nations a
more perfect understanding of the intellectual life of the others,
two series of resolutions were framed and adopted by the conference,
relating to the interchange of professors and students among the
universities of the countries represented in the conference. The
first series recommends that provisions should be made under which
professors in one university may be sent from time to time to give
lectures or courses of instruction in other universities, such lectures
or courses of instruction to deal chiefly with scientific material of
special interest to Americans or with the conditions of one or another
American country, especially with the conditions of that country
to which the professor in any given case may belong. The second
series of resolutions recognizes the interchange of students among
American universities as a means of confirming the sohdarity of
the nations of the continent. The details of the methods suggested
for effecting these interchanges are contained in the resolutions
already referred to and which are submitted with this report.
(Appendix X.)
APPRECIATION OF THF PAN AMERICAN SCIENTIFIC CONGRESS HELD AT
SANTIAGO, CHILE, DECEMBER, 1908.
In pursuance of your instructions on this subject, the delegation
of the United States supported a resolution, which was adopted, to
the effect that the conference noted with pleasure the initiative of
holding a Pan American Scientific Congress at Santiago, Chile, and
the results there accomplished; also that the Governments of the
American States be informed that the conference would consider
advisable similar reunions in cities of America to be hereafter selected .
The text of this resolution will be found in Appendix Y.
A resolution was also adopted regarding the Fourth Scientific
Congress, held at Buenos Aires in 1910, congratulatory of the work
there accomplished and expressing the hope that these reunions
should be frequent. (Appendix Z.)
26 FOtlETH INTERISTATIOlSrAL CONFERENCE OP AMERICAN STATES.
OPENING OF THE PANAMA CANAL.
The program called for the adoption of a resolution instructing
the governing board of the International Bureau of the American
Republics to consider and recommend the manner in which the
American Republics might see fit to celebrate the opening of the
Panama Canal. After some discussion the second committee decided
to report to the conference a resolution, which was passed, whereby
the final settlement of that question is left to the governing board
of the Union of American Republics in Washington. This resolution
will be found in Appendix AA.
FUTURE CONFERENCES.
The subject of the time and place of the next conference was dis-
posed of by the committee to which it was referred at its first and
only meeting. There was considerable discussion privately among
the delegates prior to the meeting of the committee and a large num-
ber thought that the conference should select Santiago, the capital
city of Chile, as the logical point where the Fifth International Con-
ference of American States should be held. It was urged by some,
on the other hand, that the precedent established by the conference
held in the City of Mexico, and substantially followed by the one
held in Rio, leaving the decision of both place and time of subsequent
conferences to the governing board of the Pan American Union should
be adhered to and at the first meeting of the committee on future
conferences the delegate from Chile moved that the entire subject
matter be left to the decision of the governing board. This motion
prevailed, and the committee reported accordingly to the conference.
When the resolution came up for adoption by the conference there
was one dissenting vote. The delegate from the Dominican Repubhc
voted in the negative, and, in explaining his vote, stated that he was
of the opinion that Havana, Cuba, should be named as the place for
the holding of the next conference.
The delegate of the United States of America, pursuant to instruc-
tions, urged in committee the advisabihty of holding the conferences
at intervals of six years as a minimum and thereby aft'ording suffi-
cient time for the ratification of the conventions adopted at the
various conferences, but he deferred to the otherwise unanimous
wish of the committee that an interval of not more than five years
should elapse between the reunions. The resolution finally adopted
(see Appendix BB) provides that the governing board shall have
the power to advance or postpone the date of the next conference
should circumstances arise making it desirable so to do.
GENERAL WELFARE.
The committee on general welfare was chiefly negative in its
activity. It was expected, among other things, to consider questions
on which action might be requested, but which had not been intro-
duced into the program. Its chief function was, therefore, to con-
sider new topics that might be proposed, and to make recommenda-
tions to the conference respecting them. In this capacity its work
was important in that through it the conference was able to keep
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 27
itself free from discussions that might have consumed much time
and would have been fruitless. The members of this committee, as
well as the majority of the members of the conference, appreciated
the necessity of giving to the topics of the program the most thor-
ough consideration; and that this might be done it appeared to be
a reasonable rule for the guidance of the committee to withhold
from the general sessions all subjects not involved in the program
unless they should seem to the members extraordinarily urgent.
The maintenance of this feature of organization in future confer-
ences will greatly facilitate the work demanded by the specific pro-
gram and enable the conference in its general sessions peacefully to
avoid discussions on questions regarding which no practicable or
profitable result can be reached.
CLOSING SESSIONS.
The last session for the transaction of business took place on the
27th of August.
The thanks of the delegates were voted unanimously to the presi-
dent. Dr. Bermejo; to the secretary general and his staff; and to the
press of the Argentine Republic. The president and secretary
general made speeches, translations of which will be found in
Appendix D.
On a motion signed by Messrs. Portela, Toledo Herrarte, Cruz,
Lazo Arriaga, and Mejia, respectively ministers to the United States
of the Argentine RepubHc, Guatemala, Chile, Honduras, and Sal-
vador, and of Gen. Carlos Garcia Velez, formerly Cuban minister at
Washington, being all members of the governing board of the Inter-
national Bureau of the American Repubhcs when the program of
the Fourth Conference was settled, it was unanimously voted to
send a telegram to the Hon. P. C. Knox, Secretary of State of the
United States, thanking him for the part he had taken in the arrange-
ment of the program and congratulating Mm upon the success of
the conference.
At the previous session of the conference, upon the motion of a
delegate from Brazil, it was unanimously voted that a telegram be
sent to the Hon. Ehhu Root, expressing sentiments of appreciation
and remembrance.
The closing session of the conference was held on Tuesday, August
30, Dr. Carlos Rodriguez Larreta, who had succeeded Dr. Victorino
de la Plaza as minister for foreign affairs, being in the chair. His
exellency made a speech, to which Dr. Toledo Herrarte, minister of
Guatemala to the United States and chairman of liis delegation,
replied. Translations of these speeches accompany this report as
Appendix E.
CONCLUSION.
We feel that it is scarcely within our province to compare the
results of this conference with those of its predecessors; the more so
as sufficient time has not elapsed since it came to an end for the
formation of an accurate opinion on that subject. It may not be
improper, however, to say that while the program was not so extensive
as those of the three preceding conferences every subject upon it
was effectively dealt with. There can be no doubt, moreover, that
28 FOUBTH INTERNATION.'yL, COXFEKENCE OF AMEKICAN STATES.
quite apart from the actual work accomplished, the constant inter-
course and exchange of views in frienaly conversation, during a
period of nearly two months, between representative men from all
parts of America in an atmosphere of harmony such as has been so
marked a feature of this conference, can not fail to react upon and
to draw closer the relations between the countries represented.
Indeed a distinct improvement has already been perceptible during
the progress of the conference in the relations between several of the
RepubHcs, and in our opinion it is difficult to overestimate the
advantage to the cause of Pan Americanism to be derived from the
periodical meetings of these international conferences.
We can not conclude this report without an allusion to the generous
hospitaHty of which we have oeen the recipients here. Many enter-
tainments have been given and excursions to places of interest
arranged for the delegates to the conference, and we retain an agree-
able recollection of the kindness and courtesy of everyone with whom
we have come in contact; nor should we omit a special acknowledge-
ment of the courtesy and cooperation of our minister, Mr. SherriU,
and the staff of the legation. We have the honor to be, sir,
Your obedient servants,
Henry White.
E. H. Crowder.
Lewis Nixon.
John B. Moore.
Bernard Moses.
Lamar C. Quintero.
Paxil S. Reinsch.
David Kinley.
To the Hon. Philander C. Knox,
Secretary of State.
Buenos Aires, August 30, 1910.
LIST OF APPENDICES.
Miscellaneous:
A. Program and regulations of the conference, p. 31.
B. Instructions of the Secretary of State, p. 36.
C. Speeches of Dr. Victorino de la Plaza, Mr. Henry White, and Dr. Antonio
Bermejo at the opening session, July 12, 1910, p. 44.
D. Speeches of Dr. Antonio Bermejo and Mr. Epifanio Portela at the session of
August 27, 1910, p. 50.
E. Speeches of Dr. Carlos Rodriguez Larreta and Dr. Luis Toledo Herrarte at the
closing session, August 30, 1910, p. 53.
F. List of the delegates and officials, p. 58.
G. List of the committees and subjects, p. 61.
H. Reports of the delegations as to the action taken by their Governments on
the resolutions and conventions adopted by the Third Conference, p. 65.
I. Report of the third committee on the above (Appendix H), p. 97.
Conventions:
J. Patents of invention, designs, and industrial models, p. 102.
K. Trade-marks, p. 112.
L. Copyrights, p. 128.
M. Pecuniary claims, p. 138. •
Resolutions:
N. Modification of program, p. 147.
O. Celebration of the centenary of American Republics, p. 148.
P. Resolution concerning the Coffee Congress provided for by the Third Con-
ference, p. 152.
Q. Reorganization of the Union of American Republics, p. 156.
R. Resolution submitting draft of proposed convention for the reorganization of
the LTnion of American Republics, p. 168.
. S. Resolution expressing thanks to Mr. Andrew Carnegie, p. 178.
T. Resolution regarding the Pan American Railway, p. 182.
U. Resolution regarding the more rapid mail, passenger, and express steamship
service between the American Republics, p. 186.
V. Resolutions concerning the unification of (1) consular documents; (2) customs
regulations; (3) regarding the establishment of a section of commerce,
customs, and statistics in the Pan American Union; (4) commercial statis-
tics; and (5) census, p. 192.
W. Resolution on sanitary police, p. 222.
X. Resolution on the interchange of university prof essors and students, p. 226.
Y. Resolution concerning work of the Pan American Scientific Congress, held
at Santiago, Chile, in December, 1908, p. 232.
Z. Resolution concerning the work of the Fourth Pan American Scientific Con-
gress, held at Buenos Aires, July, 1910, p. 236.
AA. Resolution concerning the celebration of the opening of the Panama Canal,
p. 240.
BB. Resolution concerning future conferences, p. 244.
Motions: Appendix CC, p. 248.
Reports of committees:
DD. Report of committee on Coffee Congress, p. 251.
EE. Report of the committee on the reorganization of the Pan American Union,
p. 252.
FF. Report of the committee on the Pan American Railway, p. 253.
' GG. Report of the permanent Pan American Railway committee of Washington,
p. 254.
HH. Report of the committee on mail, passenger, and express steamship service
between the American Republics, p. 261.
II. Report of the committee on the unification of consular documents, customs
regulations, commercial statistics, and census, p. 264.
JJ. Report of the committee on sanitary police, p. 273.
KK. Report of the committee on patents of invention, designs, and industria
models, and trade-marks, p. 275.
29
30 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
Reports of committees — Continued.
LL. Report of the committee on copyrights, p. 278.
MM. Report of the committee on pecuniary claims, p. 280.
NN. Report of the committee on the interchange of university professors and
students, p. 273.
00. Report of the committee on general welfare, p. 284.
PP. Report of the committee on future conferences, p. 285.
QQ. Report of the committee on thanks to Mr. Camegief p. 286.
Note. — The full minutes of the conference in the four languages — English, Spanish,
Portuguese, and French — will be printed and forwarded by 5ie Argentine Government
to the participating countries.
APPENDIX A.
PROGRAM OF THE FOURTH INTERNATIONAL CONFERENCE OF THE
AMERICAN REPUBLICS TO BE HELD AT BUENOS AIRES, ARGENTINE
REPUBLIC, JULY 10, 1910.
I.
The organization of the conference.
II.
Commemoration of tlie Argentine national centenary and of the independence of
the American Kepublics as suggested by the fact that many of those nations celebrate
their national centenaries in 1910 and neighboring years.
III.
Submission and consideration of the reports of each delegation as to the action of
their respective Governments upon the resolutions and conventions of the thu-d con-
ference held at Rio de Janeiro in July, 1906, including a report upon the results accom-
plished by the Pan-American committees and the consideration of the extension of
their functions.
IV.
Submission and consideration of the report of the Director of the International
Bureau of the American Republics, together with consideration of the present organi-
zation and of the recommendations for the possible extension and improvement of its
efficiency.
V.
Resolution expressing appreciation to Mr. Andrew Carnegie of his generous gift for
the construction of the new building of the American Republics in Washington.
VI.
Report on the progress which has been made on the Pan-American Railway since
the Rio conference, and consideration of the possibility of cooperative action among
the American Republics to secure the completion of the system.
VII.
Consideration of the conditions under which the establishment of more rapid mail,
passenger, and express steamship service between the American Republics can be
secured.
VIII.
Consideration of measures which will lead to uniformity among the American Repub-
lics in consular documents and the technical requirements of customs regulations,
and also in census and commercial statistics.
IX.
Consideration of the recommendation of the Pan-American sanitary congresses in
regard to sanitary police and quarantine and of such additional recommendations as
may tend to the elimination of preventable diseases.
X.
Consideration of practicable arrangement between the American Republics cover-
ing patents, trade-marks, and copyrights.
31
32 FOURTH INTERNATIONAL, CONFERENCE OF AMERICAN STATES.
XI.
Consideration of a continuance of the- treaties on pecuniary claims after their
expiration.
XII.
Consideration of a plan to promote the interchange of professors and students
among the universities and academies of the American Republics.
XIII.
Resolution in appreciation of the Pan-American Scientific Congress, held at San-
tiago, Chile, December, 1908.
XIV.
Resolution instructing the governing board of the International Bureau of the
American Republics to consider and recommend the manner in which the American
Republics may see fit to celebrate the opening of the Panama Canal.
XV.
Future conferences.
Adopted by the committee on program, November 6, and approved by the govern-
ing board of the International Bui-eau of the American Republics at the meeting of
November 10, 1909.
P. C. Knox,
Chairman ex officio.
Francisco J. Yanes, Secretary.
REGULATIONS FOR THE FOURTH INTERNATIONAL AMERICAN
CONFERENCE.
The Personnel or the Conference.
TEMPORARY PRESIDENT.
Article 1. The secretary for foreign affairs of the Argentine Republic, or the person
whom the chief executive may designate, shall preside at the opening session of the
conference in the capacity of temporary president, and shall continue to preside as
such until the permanent president is elected.
OFFICIALS.
Art. 2. There shall be a permanent president, who shall be elected by a ballot
vote of the absolute majority of the delegates present, and a secretary general, who
shall be a delegate appointed by the President of the Argentine Republic.
In the first session there shall be settled by lot the numerical order of the delega-
tions, for the purpose of establishing the order of precedence of their location and
the order in which each is to supply the absence of the president.
Wlien the delegation upon which it shall devolve to fix the presidency in a session
consists of more than one member, it shall designate the delegate who is to perform
the functions of vice president.
PERMANENT PRESIDENT.
Art. 3. The duties of the permanent president shall be:
First. To preside at the meetings of the conference, contained in the order of the
day.
Second. To direct that each matter submitted to the conference be referred to the
proper committee, unless by a vote of two-thirds of the delegates then present it shall
be decided to proceed to its immediate consideration.
Third. To concede tlie floor to the delegates in the order in which they may have
requested it.
Fourth. To decide all questions of order raised during the debates of the conference.
Nevertheless, if any delegate shall so request, the ruling made by the chair shall be
submitted to the conference for decision.
FOURTH IlsrTEBNATIONAL CONFERENCE OF AMERICAN STATES. 33
Fifth. To call for votes and to announce the result of the vote to the conference, as
provided for by article 15.
Sixth. To announce to the conference, through the secretary, at the close of each
meeting the business to be discussed in the following meeting. But the conference
may make such changes as it may deem advisable, either as regards the time of the
meeting or as to the order in which the impending business shall be discussed.
Seventh. To direct the secretary, after the approval of the minutes, to lay before the
conference such matters as may have been presented since the last meeting.
Eighth. To prescribe all necessary measures for the maintenance of order and strict
compliance with the regulations.
Art. 4. The duties of the vice presidents are:
To act as substitute for the president in accordance with article 2.
SECRETARY GENERAL.
Art. 5. The duties of the secretary general are:
First. To have under his charge all the secretaries, interpreters, and other em-
ployees whom the Argentine Government may appoint for service with the confer-
ence and to organize their respective duties.
Second. To receive, distribute, and answer the official correspondence of the con-
ference, in conformity with the resolutions of that body.
Third. To prepare, or cause to be prepared, the minutes of the meeting in con-
formity with the notes the secretaries shall furnish him, and to see that such minutes
are printed and distributed among the delegates.
Fourth. To revise the translations made by the interpreters of the conference.
Fifth. To distribute among the committees the matters to be reported by them
and to place at the disposal of the said committees everything that may be necessary for
the discharge of their duties.
Sixth. To prepare the order of the day in conformity with the instructions of the
president.
Seventh. To be the intermediary between the delegations or their respective mem-
bers in all matters relating to the conference and between the delegates and the Argen-
tine authorities.
COMMITTEES OF THE CONFERENCE.
Art. 6.^ The Fourth American International Conference shall have the following
committees:
1. To consider Subject I (program and credentials), five members.
2. To consider Subjects II, V, XIII, and XIV, seven members.
3. To consider Subject III, one member for each delegation.
4. To consider Subject IV, one member for each delegation.
5. To consider Subject VI, one member for each delegation.
6. To consider Subject VII, seven members.
7. To consider Subject VIII, one member for each delegation.
8. To consider Subject IX, seven members.
9. To consider an agi-eement between the American Republics relative to patents
and trade-marks, seven members.
10. To consider an agreement between the American Republics relative to copy-
right, and Subject XII, seven members.
11. To consider Subject XI, seven members.
12. To consider Subject XV, seven members.
13. Publication, five members.
14. General welfare, five members.
Art. 7. The members of the conference committees shall be appointed by the per-
manent president, subject to the approval, by a majority vote, of the delegations
present.
Art. 8. Delegates may attend the meetings of all committees and participate in
their debates, but they shall have no right to vote.
Meetings of the Conference.
NUMBER of meetings.
Art. 9. The first meeting shall take place at the time and place designated by the
Government of the Argentine Republic, and the fmther sessions at such days and
hours as the conference may determine.
1 Modified by resolution of the Fourth American International Conference at the session of July 14,
1910.
74034— S. Doc. 744, 61-3 3
34 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
QUORUM.
Art. 10. To hold a meeting it is necessary that a majority of the nations attending
the conference be represented by at least one of their delegates.
READING OF THE MINUTES.
Art. 11. At the opening of the meeting the secretary shall read the minutes of the
preceding meeting, unless dispensed with. Notes shall be taken of any remarks the
president or any of the delegates may make thereon, and approval of the minutes
shall be in order.
order of debate and votes.
Art. 12. When the president shall have submitted for discussion the subjects con-
tained in the order of the day, the conference shall first discuss them in a general
way, and those approved shall be the object of a second discussion in detail, taking
up one by one the articles contained in the project under discussion.
Art. 13. The conference may, by a two-thirds vote of the delegations present, sus-
pend the rules and proceed to the immediate discussion of a motion, which shall at
once be discussed in general and in detail .
Art. 14. All proposed amendments shall be referred to the respective committee,
unless the conference shall decide otherwise; and they will be put to vote before the
article or motion the text of which they are intended to modify.
Art. 15. The delegation of each Republic represented at the conference shall have
but one vote, and the votes shall be taken separately by countries and shall be re-
corded on the minutes.
Votes, as a general rule, shall be taken orally, unless any delegate should request
that they be taken in writing. In this case each delegation shall deposit in an urn
a ballot containing the name of the nation which it represents and the sense in which
the vote is cast. The secretary will read aloud these ballots and count the votes.
Art. 16. The conference shall not proceed to vote on any resolution or motion
relating to any of the subjects included in the program except when at least two-
thirds of the nations attending the conference are represented by one or more delegates.
Art. 17. Except in cases expressly indicated in these regulations, resolutions or
motions under consideration by the conference are approved when they have ob-
tained the affirmative vote of an absolute majority of the delegations represented by
one or more of its members at the meeting where the vote is taken. The delegation
which may have sent its vote to the Secretary shall be considered as present and
represented at the meeting.
Art. 18. When, by reason of absence or abstention, the vote of the conference shall
not attain the majority as required by the two foregoing articles, the matter shall be
submitted for further consideration at a subsequent meeting, on motion of any delega-
tion. But should such abstention continue at this meeting, the question shall then be
decided by the majority of the delegations present.
RIGHTS and duties OF MEMBERS.
Art. 19. Delegates may speak in their own language, from manuscript or otherwise,
and upon the termination of any speech either the delegate or one of the interpreters
of the conference shall, upon request of any one delegation, at once render orally a
synopsis of the principal points of the speech in the languages that such delegation
may suggest. This shall also apply to the remarks of the president and of the secretary.
Art. 20. No delegation may, through any of its members, speak more than twice
on the same subject, nor shall any delegation occupy the floor for more than 30 minutes
at a time. Any delegate, however, shall have the right to speak for no more than five
minutes upon a question of order, or to answer any personal allusions, or to explain
Ms vote, and the author of a motion may speak once more, not exceeding 30 minutes.
Art. 21. Any delegate may submit to the conference his written opinion upon the
matter or point in debate, and may request that it be spread upon the minutes of the
meeting in which it has been submitted.
Likewise, any delegation that may not be present at the time a vote is taken may
write down its vote and leave it with or send it to the secretary and at the time of
canvassing the votes such votes shall be reckoned as if the delegation were present.
Art. 22. Attendance at the deliberations of the conference shall be confined to the
following: The delegates with their respective secretaries and attaches; the director or
other accredited representative of the International Bureau of the American Republics
and his secretary; the secretaries of the sessions; the interpreters and stenographers
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 35
of the conference; such representatives of the press as are properly accredited and are
approved by the committee on organization, and the authorized attendants; provided,
however, that the conference may, by a majority vote, extend the courtesies of the
conference to such persons as it may at any time designate.
Whenever any delegation may request that a meeting go into executive or secret
session, the motion shall immediately be put and voted upon without discussion.
If the motion be carried the representatives of the press will at once withdraw, and all
persons present will be enjoined to absolute secrecy as regards the business transacted
at the meeting.
At the close of each session, proper communication of the proceedings shall be made
to the press, when desirable, by the secretary general, who will act in this duty under
the general guidance of the committee on publications.
RESOLUTIONS AND REPORTS THEREON.
Art. 23. The reports of the committees and the resolutions to which they refer
shall be printed in Spanish, Portuguese, English, and French, and shall be distributed
at the next following meeting to the delegates for their consideration, but shall not be
submitted for discussion until the next meeting after they were distributed in print,
at least in Spanish and English.
AMENDMENTS TO THE PROGRAM.
Art. 24. The deliberations of the conference shall be confined to such subjects as
are contained in the program, except when by a vote of two-thirds of the delegations
the conference decides to take into consideration a new matter submitted by one
delegation and seconded by another.
A motion to take into consideration a new subject shall be decided without debate.
NUMBER OF MEETINGS.
Art. 25. The number of the meetings of the conference shall not exceed 30. This
limit, however, may be extended in case of a matter of vital importance and by the
vote of two-thirds of the delegations present at the conference.
The closing meeting shall take place as soon as all the subjects in the program
may have been discussed ; but in any case it shall take place on the 1st of September
at latest.
printing op the minutes.
Art. 26. The minutes approved by the conference shall be signed by the president
and the secretary general. They shall be printed in Spanish, English, Portuguese,
and French, in pages of two columns, and a sufficient number of copies shall be
issued so that each delegate may receive four copies. The original minutes shall be
preserved in the archives of the International Bureau of the American Republics at
least in Spanish and English.
SIGNATURE OF THE FINAL MINUTES.
Art. 27. The day before the closing of the conference shall be devoted to the dis-
cussion and approval of the minutes written and printed in Spanish, English, Portu-
guese, and French, containing the resolutions or recommendations discussed and
approved by the conference. The original records shall be signed by the delegations,
and the Government of the Argentine Republic will send within 90 days after the
actual adjournment of the conference a certified copy of such records to each of the
Governments represented at the conference and to the International Bureau of the
American Republics.
AMENDMENTS TO THE REGULATIONS.
Art. 28. The foregoing rules shall be transmitted to the respective Governments
immediately after their adoption by the governing board of the International Bureau
of the American Republics, and they shall govern the action of the conference unless
and until altered, amended, or repealed by the conference itself by a two-thirds vote.
Motions for this purpose shall be submitted without debate.
Adopted by the committee on regulations Monday, May 9, and by the governing
board of the International Bureau of the American Republics at the meeting of May
13, 1910.
P. C. Knox, Chairman ex Officio.
Francisco J. Yanes, Secretary.
APPENDIX B,
INSTRUCTIONS TO THE DELEGATES OF THE UNITED STATES OF
AMERICA TO THE FOURTH INTERNATIONAL CONFERENCE OF AMER-
ICAN STATES.
Sirs: The President said in his last annual message to the Congress:
"On the 9th of July next there will open at Buenos Aires the Fourth Pan-American
Conference. This conference will have a special meaning to the hearts of all Ameri-
cans, because around its date are clustered the anniversaries of the independence
of 80 many of the American Republics. It is not necessary for me to remind the
Congress of the political, social, and commercial importance of these gatherings.
* * * It is my purpose to appoint a distinguished and representative delegation,
qualified fittingly to represent this country and to deal with the problems of inter-
continental interest which will there be discussed."
Among the foreign relations of the United States as they fall into categories, the
Pan-American policy takes first place in our diplomacy. In quoting what the Presi-
■dent has said, I can not too strongly impress upon you your Government's apprecia-
tion of the importance of the occasion or its sense of the responsibility of the service
which you have undertaken in accepting appointment to represent this American
Government and people at a great gathering of the countries of half a world.
I desired you to report at the department at this time in order that you might have
two weeks for study and consultation with the officials of the department in prepara-
tion for your work at the conference. That work will, of course, be confined to the
program and to such relevant matters as may properly come up, under the rules of
the conference, for discussion, and has nothing to do with other subjects of diplo-
matic discussion, which are in the exclusive charge of the diplomatic ser\dce. Never-
theless, there is hardly a phase of the conference more important than its opportunity
for the representatives of one Republic to come into intellectual and sympathetic
contact with those of the others.
_ Through such contact of men typical of the best feeling and thought of all the Repub-
lics, the American peoples gradually grow to know one another, and by this sure
process of mutual understanding and appreciation are built solid international friend-
ships founded in justice, respect, good will, and tolerance. Hence, it is of para-
mount importance that this delegation truly reflect the sentiments and ideas of the
■Government of the United States in its Pan-American diplomacy. I therefore desire
you, while at the department, to give your studious attention not only to your actual
prospective work at the conference, but also to the task of becoming imbued with the
spirit which animates the American policy of the United States, so that the tone of
your whole attitude and action shall be in harmony with that policy.
To this end the delegation should, so far as possible, have some general understand-
ing of the conditions in each country and some appreciation of the signal achieve-
ments of each nation in ideals, in government, in science, and in material
advancement.
The American peoples differ in race and language, and in literary and aesthetic
inheritances. They have a common ground in their republican form of government,
their love of liberty, in the acquisition of their independence and the history of
their progress, and in their emerging through civil strife and their peopling and
developing of huge and wild lands into orderly modern States. They are bound
together also by a community of interest, and by the ties of mutual helpfulness,
both moral and material, and of a common destiny.
For reasons indicated above I shall embody in these instructions, merely as suggest-
ive, some comment upon recent American relations. But first I shall undertake
some discussion of the program of the conference.
The Third International American Conference, held in Rio de Janeiro in 1906,
adopted the following resolution:
"The governing board of the International Bureau of American Republics is author-
ized to designate the place at which the Fourth International Conference shall meet,
which meeting shall be within the next five years; to provide for the drafting of the
program and regulations, and to take into consideration all other necessary details."
36
rOUBTH INTERNATIONAL CONFERENCE OP AMERICAN STATES. 37
The governing board of the Bureau of American Republics, exercising the authority
thus conferred upon it, fixed Buenos Aires as the place, and July 9, 1910, as the date
of the conference, and adopted a program of subjects for consideration. The respec-
tive Governments, by indicating their intention to take part and by naming delegates,
approved this action of their diplomatic representatives in Washington. It is unlikely
that the conference will undertake to enlarge the program, since it was framed after
most careful consideration, and the subjects omitted include such as in the judgment
of the members of the governing board would tend to excite useless controversy, thus
endangering the success of the present conference and militating against that of future
ones.
For example, the governing board did not appear to think it advisable that discus-
sion should be renewed as to whether a voluntary conference for general purposes
ought to assert competence to impose upon any State the arbitral settlement of one or
another particular dispute of long standing, such as there still exist, happily, only very
few among the American Republics. Such arbitrations are the logical result of the
occasional failure of direct negotiations, but The Hague conventions and the various
bilateral arbitration treaties seem to express the most advanced position yet taken by
the nations in cases where they do not spontaneously resort to arbitration simply as
the sensible and enlightened alternative to force. Hence, evidently, the governing
board's omission of arbitration from the program. Should occasion arise you would
oppose propositions looking to the assertion of such competence on the part of the I'
conference. i
The same considerations apply to any formal demand by the conference for con-
ventions of general compulsory arbitration, or even any declarations as to the proper
methods of enforcing acceptance of boundary awards, since these might at this junc-
ture be regarded by some States as efforts to put them at an unfair disadvantage in
the adjustment of pending disputes.
In your informal conversations with the delegates from other countries you will
maintain such an attitude as will give rise to no suspicion of partiality or of a desire
to use the present conference to affect concrete cases.
As is well known, this Government now as always earnestly advocates the general
principle of pacific settlement of international disputes, and it believes that this is
also the policy of all the countries participating in this conference, but this conference
would not seem an opportune occasion for offering or entertaining definite propositions
on the subject.
This Government's general views as to the proper purposes of Pan-American con-
ferences remain as set forth in the instructions to the United States delegates to the
third conference, wherein they were thus expressed:
"The true function of such a conference is to deal with matters of common interest
which are not really subjects of controversy, but upon which comparison of views
and friendly discussion may smooth away differences of detail, develop substantial
agreement, and lead to cooperation along common lines for the attainment of objects
which all really desire."
I. The organization of the conference.
This is the first subject on the program for the conference's consideration. The
delegation of the United States should avoid being placed in a position of undue
prominence in the selection of officers and committees. The system adopted by the
third conference of having the more important committees composed of one repre-
sentative from each Republic gave good results, facilitated the prompt dispatch of
business, and avoided discussion of controversial matters in the plenary sessions.
You will advocate its continuance, and in general the adoption of the rules that reg-
ulated the Rio de Janeiro conference, as recommended with slight modifications by
the governing board. There appears little doubt that these regulations, like the
program, will be adopted, and as a practical method you should now anticipate this
action and proceed to subdivide the probable work, each delegate specializing to
some extent in order to qualify himself for useful service as a member of one or another
committee.
II. Commemoration of the Argentine national centenary and of the independence of the
American Republics as suggested by the fact that many of those nations celebrate their
national centenaries in 1910 and neighboring years.
This Government takes the most lively interest in the appropriate commemoration
of the Argentine national centenary and of the independence of the other American
Republics whose national centenaries occur in 1910 and the following years. The
suggestions and plans of the Republics primarily interested should receive most sym-
pathetic support and you will cooperate with your colleagues from those countries in
the measures that may be proposed by them.
38 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
III. Submission and consideration of the reports of each delegation as to the action of
their respective Governments upon the resolutions and conventions of the third confer-
ence held at Rio de Janeiro in July, 1906, including a report upon the results accom-
plished by the Pan American committees and the consideration of the extension of their
functions.
The Governments of many of the countries participating in the conference have
failed to ratify the four conventions recommended by the Rio conference. It is also
possible that some ratifications have been made which have not been communicated
or exchanged. You will endeavor discreetly to ascertain from your colleagues whether
these failures to ratify have been due to real objections to the form or substances of the
conventions, or only to difhculties and delays in procuring legislative approval. This
information should be procured promptly on your arrival and it may afford you a basis
for urging and aiding the securing, through the various members of the conference,
of action by the Governments that have not yet ratified them.
You will also advocate the adoption of a system of deposit of ratifications which will
tend to facilitate their prompt exchange and enable the conventions to be proclaimed
as well as a mode of adherence in case of nonsignatory governments.
Several countries have not yet named the Pan-American committees recommended
by the Rio conference. You will urge your colleagues to use their influence with then-
respective Governments to establish such committees and advocate the enlargement of
the functions of the Pan American committees to include cooperation with their Gov-
ernments in the preparation of any reports called for by the Pan American Confer-
ences and in the preparation of plans for future conferences, such as schemes for
greater uniformity in census and other statistical schedules, for the more ready com-
parison of educational, industrial, financial, economic, and social conditions.
IV. Submission and consideration of the report of the Director of the International Bureau
of the American Republics, together with consideration of the present organization and of
recom,mendations for the possible extension and iviprovevient of its efficiency.
Not a few of the resolutions of the last conference failed of any important results
because of the paucity of the ratifications, because of the failure of the various Pan
American committees to contribute information, because of the inability of the Pan
American bureau to complete some huge task of collecting information, or from other
cause.
With reference to this item on the program you should study the origin and status
of the International Union of American Republics and the bureau which is its office.
The institution has grown in a somewhat haphazard manner and it now seems high
time that its organization, status, and working should be clearly determined by con-
vention between the Governments which are its component parts. Its permanency
should thus be provided for and among various matters to be elucidated and brought
in conformity with the growth of the institution is the need of a system of auditing
of accounts on behalf of the Governments constituting the union.
It is understood that the representative of the bureau will report to the conference
upon all these matters.
The delegation of the United States will cooperate, though its member of the ap-
propriate committee, in the preparation of a satisfactory convention and will favor
its adoption by the conference.
V. Resolution expressing appreciation to Mr. Andrew Carnegie of his generous gift for
the construction of the new building of the American Republics in Washington.
The drafting of a resolution expressing to Mr. Andrew Carnegie appreciation of his
generous gift for the construction of the new building of the American Republics in
Washington will presumably be intrusted to the representatives of some of the Latin-
American Republics.
VI. Report on the progress which has been made on the Pan American Railivay since the
Rio conference, and consideration of the possibility of cooperative action among the
American Republics to secure the completion of the sy.siem.
Very considerable progress has been made since the last conference in the projection,
survey, and construction of railroads which will ultimately form part of the Pan Amer-
ican Railway. The rapid economic progress of many of "the regions traversed, an in-
creasing realization of the importance of neighborly commercial relations, and the
recently aroused interest among the capitalists of this country in the opportunities
for investment offered in Latin America are all factors which make the present a par-
ticularly appropriate time for the conference to add a further \'igorous impulse toward
the ultimate realization of the project.
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 39
VII. Consideration of the conditions under which the establishment of more rapid mail,
passenger, and express steamship service between the American Republics can be
secured.
The improvement of mail and steamship facilities between the American Republics,
and especially between the United States and the Latin-American Republics, is of
the gravest import as affecting our present and future commercial relations with those
countries. You will manifest the interest this Government feels in the subject and
discuss the proposals of your colleagues. Various projects of law have been proposed
or are now pending before the United States Congress, but uncertainty as to what will
be done in regard thereto renders it inadvisable at the present time for you to present
any definite proposals to the consideration of the conference.
VIII. Consideration of measures which ivill lead to uniformity among the American
Republics in consular documents and the technical requirements of customs regulations,
and also in census and commercial statistics.
The task of assembling the vast amount of detailed information which would be
requisite to an exhaustive comparison of all the regulations of the different 21 Repub-
lics, which the Third Conference delegated to the International Bureau of American
Republics, not unnaturally proved impossible. In the view of this Government it
would be more practicable again to present generally the project elaborated in con-
nection with the First Conference, and seek by such means to make progress toward
the elimination of vexatious hindrances to trade.
In order to bring about the greatest freedom of commercial intercourse between the
American Republics, it would seem highly desirable to take steps to remove such
objectionable consular and customs regulations as may be found to interfere with
the efforts of the citizens of each Republic to carry on business relations with the
citizens of the others. A brief examination shows that the regulations of the Ameri-
can Republics are widely different in character and must lead to confusion on the
part of exporters and importers who must comply with them. Some of the regulations
are so unduly exacting that exporters from the United States have been known to
abandon the trade with a particular country rather than undergo the annoyance and
delay necessary to meet the consular and customs requirements. It would seem,
therefore, that one of the most important reforms to which the Fourth Pan American
■Conference could address itself would be the adoption of uniform regulations and
fees for the ordinary consular and customs acts and documents.
Nowhere is the lack of uniformity in the consular regulations of the American Re-
publics better illustrated than in the fees prescribed for the consular certificates of
invoices. It is recommended that each Republic be asked to join in a convention or
in an agreement for executive action to fix a uniform fee of $2.50 gold for the certifi-
cates of each invoice, including as many as four copies; provided, however, that for
invoices the value of which does not exceed $100 the fee shall be 50 cents. This is
in substantial accord with the agreement of the First Internationa] American Con-
ference.
Another object which might be accomplished to facilitate trade between the Re-
publics would be an agreement by convention or otherwise upon a uniform invoice
for all shipments from one Republic to another and a uniform method of consular
certification. The recommendation of the First International American Conference,
if adopted with slight modifications, would afford a very satisfactory solution of this
question by causing to. be prescribed an invoice which should be made out in dupli-
case, triplicate, or quadruplicate, in the language of the country of import and in the
currency actually paid for the merchandise, which should also declare the contents
and value of each package, state the quantities and values of the merchandise in
figures and not in words, and be in other respects similar to the form now in use by
the United States, which has been found to be highly satisfactory.
In the interest of uniformity of statistics, as well as of the convenience of exporters,
it would seem important that the consular certification of invoices should take place
at the point where the merchandise is situated at the time of purchase, or, in other
words, at the point from which it begins its journey to its ultimate destination; pro-
vided, however, that where articles purchased in various places are forwarded to one
point to be packed for shipment abroad the invoice may be certified by the consul at
the place where such assembling and packing is done.
It would also be desirable to have a uniform rule that if by reason of delay in the
mails, or for other satisfactory causes, an invoice certified by a consul could not be
produced, entry be allowed on a statement in the form of an invoice upon the execu-
tion of a bond for the subsequent production of an invoice duly certified by the appro-
priate consul.
40 FOURTH INTERNATIONAXi CONFERENCE OF AMERICAN STATES.
There is a great, lack of uniformity among the regulations of the American Republics
in respect to the certification of manifests of vessels and cargo, some Republics re-
quiring certification and charging liberal fees therefor, and other Republics requiring
no certification. For the convenience of exporters and masters of vessels, and with
a view to the simplification of the regulations under which commerce may be carried
on, it would seem desirable that uniform regulations and uniform fees be adopted in
respect to manifests or that a regulation requiring no certification of manifests be
agreed upon. The United States does not require consular certification of manifests.
Inasmuch as nearly every country requires imported merchandise to be accom-
panied by an invoice certified by a consul of that country stationed in the country of
exportation of the merchandise, there would seem to be no strong reason for requir-
ing consuls, in addition, to certify bills of lading covering such shipments; and an
agreement to abolish the requirements for the consular certification of bills of lading,
with the fees therefor, would seem to be another step that might properly be taken in
the direction of removing obstacles in the way of perfect freedom of commercial inter-
course.
American merchants seeking to carry on business relations with some of the other
American Republics have been put to much annoyance and expense by the enforce-
ment of regulations imposing fines or penalties on account of technical and clerical
errors in invoices. If an agreement could be reached, as recommended by the First
International American Conference, to the effect that technical defects in the form
of any document which has been duly authenticated before the consul of any of the
countries should not in that country be deemed sufficient cause for the imposition of
fines or penalties and that all other manifest clerical errors may be corrected after entry
at the customhouse of the country without prejudice to the consignee or owner, com-
mercial relations between the American Republics would be greatly facilitated. It
is probable that this change could be made by executive action on the part of the
several Republics.
Hardly less important is the gathering and publishing of commercial statistics and
making them, so far as possible, uniform. Present variances are so great, and com-
mercial data are so interwoven with the varying tariff systems and trade customs of
the 21 Republics, that progress must necessarily be slow. You will give carefiil
attention to the memorandum on the subject prepared by Mr. Jacobson, expert of
the Department of Commerce and Labor, and, so far as opportune, favor the taking of
practical steps in the line of his recommendations.
IX. Consideration of the recommendations of the Pan American sanitary congresses in
regard to sanitary police and quarantine and of such additional recommendations as
may tend to the elimination of preventable diseases.
You will endeavor to procure from the conference a recommendation that the con-
clusions of the Mexican and Costa Rican sanitary conferences be adopted by the
respective countries.
The recommendations on this subject contained in the instructions to the delegates
to the third conference are reaffirmed for your guidance.
The progress made in sewering and sanitation of the ports of the various Republics
has been most admirable, and it may well be expected that in the not distant future
the few remaining unsanitary ports will be likewise improved. The . difficulties
appear to be mainly financial, the necessary expenditures in many cases exceeding
current municipal reA-eniies. But it would seem to be an opportunity for foreign
capital on a large scale to contribute to most excellent enterprises, and no doubt is
felt that it can be interested.
X. Consideration of a practicable arrangement between the American Republics covering
patents, trade-marks, and copyrights.
The advance in commercial morality of modern times is in no way better illustrated
than in the feeling among all enlightened nations that the author and inventor should
be protected in the enjoyment of the fruits of their labor, and the American Republics
have frequently shown themselves fully alive to the duty of protecting, within their
jurisdictions, rights in literary, artistic, and industrial property which have been,
after due examination, established in other jurisdictions.
The subject of the protection of patents, trade-marks, and copyrights was discussed
at Montevideo, at Washington, at Mexico, and at Rio de Janeiro. The Third Pan
American Conference adopted conventions which conserved in their entirety the con-
ventions framed by the conference at the City of Mexico consolidating them into
one convention and making certain other proAisions, such as that for the establishment
of international bureaus at Havana and Rio de Janeiro.
FOTJKTH INTEENATIONAX, CONFERENCE OF AMERICAN STATES. 41
The Rio de Janeiro convention was signed by thp delegates of the United States,
but its careful analysis by the Patent Office revealed such serious defects that it was
deemed inadvisable that it should be even laid before the Senate with a view to
ratification.
In the first place, the engrafting of new provisions upon a combination of the two
Mexican conventions made it unduly complicated. It imposed the obligation to
recognize foreign patents even if such had been granted without any examination.
It imposed an obligation, both useless and impossible, under which a government
issuing a great number of patents would have had to send full data to the other signatory
governments. It would have been in conflict with the most advanced systems, and
notably would have been inconsistent with the Paris Convention of 1883, the merits
of which have been recognized by previous Pan American conferences.
It will be one of your important duties to seek the adoption of suitable conventions
to regularize the mutual protection of these classes of property among the American
Republics. Having in view the extreme technicality of these subjects, the President
has appointed Mr. Edward B. Moore, Commissioner of Patents, as expert attach^ to the
delegation. Mr. Moore has prepared drafts of three conventions covering, respec-
tively, patents, trade-marks, and copyrights, and their provisions appear to this
Government admirably responsive to the needs of the situation. In your advocacy
of the conventions you will be guided entirely by the advice of the Commissioner of
Patents, and in their discussion you should point out that they are entirely in harmony
with the International Convention adopted at Paris in 1883, emphasizing the fact
that their adoption will greatly improve the position of the Republics concerned in the
discussions at the meeting of the International Union for the Protection of Industrial
Property, which is to be held in Washington in May, 1911, and to which all the Ameri-
can Republics have been invited.
XI. Consideration of the continuance of the treaties on pecuniary claims after their
expiration.
Inasmuch as The Hague general arbitration treaties which were adhered to by most
American Republics in 1907 do not satisfactorily cover the subject, you will for your
part urge the continuance of the treaties on pecuniary claims after their expiration,
and, if any of the other countries of the conference should have special reasons for
desiring to discontinue the Rio treaties you will seek to ascertain the reason for such
action. This Government hopes that those countries which have thus far failed to
ratify them may conclude to do so.
XII. Consideration of a plan to promote the interchange of prof essors and students among
the universities and academies of the American Republics.
An interchange of professors and students among the universities and academies
of the American Republics will undoubtedly promote mutual intellectual and social
understanding and sympathy, and you will give your hearty support to any practical
plan tending to this end which may be devised.
XIII. Resolution in appreciation of the Pan-American Scientific Congress, held in San-
tiago, Chile, December, 1908.
You may support a resolution expressing appreciation of the valuable labors of the
Pan-American Scientific Congress of Santiago. The delegates to that congress were
active and efficient and it would seem appropriate that they should receive a justly
deserved recognition at the hands of this conference.
XIV. Resolution instructing the governing hoard of the International Bureau of the
American Republics to consider and recommend the manner in which the American
Republics may see fit to celebrate the opening of the Panama Canal.
It seems very fitting that some such resolution should be passed whereby the govern-
ing board would recommend the manner in which the other American Republics
might join with the United States by participation in the celebration of the opening
of the Panama Canal.
The great benefits of easier intercourse and more convenient commerce the canal
is expected to bestow upon all the Republics will doubtless engender great interest
in such celebration.
XV. Future conferences.
Strong reasons have been advanced against holding the Pan-American conferences
at short intervals. Fear has been expressed that the failure of important tangible
results in the form of actual conventions ratified and put into operation might create
42 FOURTH INTERN ATIONALi CONFERENCE OF AMERICAN STATES.
an impression of futility. Bearing in mind the extreme difficulty of agreement by
21 Republics, and feeling also that these conferences have a meaning and a moral
effect outweighing their material results, the Government of the United States can
hardly share this fear. However, the distances are great and the delegates have to
be chosen from the ranks of busy men, and altogether I am persuaded that intervals
of six years as a minimum would probably afford an appropriate frequency, unless,
in this particular case, it should be deemed expedient that the next conference should
synchronize with the celebration of the opening of the Panama Canal.
After a year during which the relations of a number of the Republics have been at
times under considerable strain, so many differences seem now either settled or well
on the way toward settlement that one maj^ perhaps say without unjustifiable opti-
mism that the time appears especially auspicious for the success of the Fourth Pan-
American Conference.
So far as the United States is concerned, I am very happy to assure you of the con-
viction of this Government that its relations with the Republics of Latin America are
upon a firmer foundation, perhaps, than ever before. This gratifying situation no
doubt arises, to a great degree, from the fact that the very troubles of the past year have
afforded opportunities for cooperation and for the expression, in action, of mutual
confidence.
When the relations of Peru and Bolivia were strained by the acrimony engendered
by their boundary dispute, which had been submitted to the arbitration of the Gov-
ernment of the Argentine Republic, the United States, while adhering to the policy
of abstention from any undue mingling in the affairs of other countrie^'J had the
opportunity to voice its confidence that the Governments immediately concerned ,
if left to themselves, would reach a solution satisfactory to the dignity and interests
of each, and in a manner to do no injury to the great principle of arbitration. This
belief was justified by events and later, through the action of the governing board of
the Pan-American Union, the way was also smoothed in a manner whereby the Boliv-
ian Government is to be represented at the conference. This action of the governing
board has an importance in that it laid down a principle, in which this Government
firmly believes, namely, that membership in the Pan-American Union entitles each
Government to participate in the conferences irrespective of the existence of diplo-
matic relations between it and the Government in whose capital the conference may
be held — a principle which the Government of the Argentine Republic was the first
to espouse.
In response to the request of Costa Rica and of Panama, the good offices of the
United States were extended to bring together the respective representatives who
signed a convention under which the ancient boundary dispute between the two
countries is to be referred to arbitration.
Quite recently, when the armies of Peru and Ecuador had been mobilized and were
reported to be in sight of each other, the Governments of the Argentine Republic and
of the United States of Brazil joined this Government in offering their mediation,
under The Hague conventions of 1899 and 1907 and in the name of Pan- Americanism,
and it is sincerely hoped that this action will prove to have averted a war. The
promptness and cordial unanimity of this tripartite movement for peace happily illus-
trates the harmony and good will of the Governments concerned. Indeed, scarcely
less important than the beneficent results which it is hoped has been accomplished
is the fine example of these great powers working together for a high purpose — an
example further signalized by the fact that the Government of Chile promptly came
forward with the assurance of its valuable support, which is a powerful influence and
an important contribution to the probable success of the efforts of the Governments
which directly offered their mediation. This joint action is interesting also as giving
to the American Republics the honor of first making actual avail of these most impor-
tant provisions of The Hague conventions.
Among the achievements in which this Government had not the honor of a part
may be mentioned the following: There has recently been adjusted a boundary
c[uestion between Peru and Brazil, and conventions have been signed between Argen-
tina and Uruguay and between Brazil and Uruguay, with a happy effect Tipon the
question of navigation in. tlie..River Plate, and, in the second case, upon a question of
access to the sea from northern Uruguay tlirough Brazilian waterways.
The geographical proximity of Central America, the frequency of trouble in the less
fortunate of those Republics, and the relation to them of the United States as a moral
party to the Washington conventions of 1907 have resulted in this Government's being,
for a number of years, frequently called upon to exert its influence among those
Republics. The present year has been no exception. As you are aware, there are
now no diplomatic relations between the. United States and Nicaragua for the reason
that this Government has not yet seen its way clear to recognize any Government as
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 43
in the possession and exercise of the governmental machinery of the whole country
with the consent of the governed, as able and willing to discharge its international
obligations, as capable of responding to a demand for indemnity for the murder of
American citizens last winter, as determined to bend every effort to bring those guilty
to justice wherever they may be, and as prepared to strengthen, for its pai't, and to
abide by the Washington conventions.
The policy of the United States toward Nicaragua was fully set forth in a letter
addressed to the then charge d'affaires of the Government of Zelaya, who was handed
his passports December 1, 1909. Although the situation in Nicaragua remains a
regrettable one, that policy has already had the effect, at least, of freeing Nicaragua
from a dictator who was the scourge of his own people and who disdained and trampled
upon the rights and interests of all foreigners.
In being compelled to take somewhat drastic action towai'd such a Government the
United States well knew that its action would not be misconstrued by the progressive
American Republics with stable Governments and high ideals, for such Governments
know that to ask justice for our citizens and to refuse to tolerate and deal with mediaeval
despots is only to be true to the civilization and institutions which they share. If
this were not true, then Pan- Americanism would be a sham instead of a community
of free and equal Governments, each worthy and demanding the respect of the others.
I am, sirs, your obedient servant,
P. C. Knox.
Hon. Henry White, Chairman,
Col. E. H. Crowder,
Lewis Nixon, Esq.,
Hon. John Bassett Moore,
Hon. Bernard Moses,
Lamar C. Quintero, Esq.,
Prof. Paul S. Reinsch,
Prof. David Kinley,
Delegates of the United States of America to the
Fourth International Conference of American States.
APPENDIX C.
ADDRESS OF DR. VICTORINO DE LA PLAZA AT THE OPENING
SESSION, JULY 12, 1910.
Gentlemen : Let my first words be those of sincere acknowledgment to your sev-
eral countries and governments, in the name of the people and of the Government of
Argentina, for the courtesy with which they have entered into the common desire by
BO promptly sending their delegates to the place of meeting previously designated.
At the same time let them be words of welcome to you all.
You have arrived at an opportune moment, when Argentina, in the midst of gen-
eral rejoicing on the occasion of her historic centenary, waited to hail your presence
with the profound satisfaction with which she beholds you in this capital, so gen-
erously selected by the Third Conference, held in Rio de Janeiro in 1906, for the
meeting of this, the Fourth Conference, an act of deference to this country suggested
by the commemoration of an event of great significance in the history of America,
and the forerunner of an epoch of emancipation and liberty.
These feelings are mutual because they coincide with the same aspirations, with
the same ideals, that have constituted the permanent and uniform basis of democratic,
representative, republican government in the whole of America from its northern
boundaries to its most southern extreme ; and it is the common desire of all and of each
of its several divisions that in them all there shall shine the light of civilization and
liberty, and shall prevail sentiments of equality and justice, conducive to the well-
being of their inhabitants.
You inaugurate, therefore, gentlemen, your sessions and your labors under favor-
able auspices, all the more favorable to your deliberations if you take into account
that there is not, in the entire program formulated for this conference by the Inter-
national Bureau at Washington, any question or problem whatever that turns upon
interests or tendencies involving conflicts between the nations of any portion of either
continent; and to this the consideration is to be added that, in view of the spirit of
moderation and harmony now prevailing, there will not be the remotest occasion for
any misunderstanding.
Gradually we are coming to realize the positive advantages of these congresses,
which represent the coming together of all the individual States of both Americas,
to deliberate upon those subjects which, from their nature and their bearing upon
the interest of each nation, are of common concern.
Step by step, by progressive stages, we go forward without touching or diminishing
in any degree, by the manifest solidarity of our acts and agreements, the autonomy
and liberty of the participating States, because the foundation stone of these assem-
blies is the maintenance of the sovereignty and independence of each nation.
It is true that in not a few instances the deliberations and conventions approved by
the conferences have not received on the part of the several States approbation,
sanction, or execution, but these failures or delays are the contingencies to which
this class of agreements is subject and they only serve to confirm in fact that which I
have already said with reference to the inviolability of the sovereignty of the several
States.
I must here render due justice to the memory of the illustrious and renowned
statesman, Mr. James G. Blaine, for having carried into effect in 1890, in his official
capacity as Secretary of State for the Government at Washington, the first and memo-
rable conference held in that city, and I cherish the conviction that as time goes on
and the republics of America become more and more aware of the reciprocal benefits
to be derived from these periodical assemblies, they will hold in ever higher appre-
ciation the wisdom and foresight of that initiative.
In this Fourth Conference you are to devote your attention to the consideration
of a widely varied program of subjects, which, though perhaps on the whole not
very numerous or complex, are, nevertheless, in their fundamental character, of
practical importance, and you will do this ^vith the aim of facilitating and rendering
uniform, in so far as this may be compatible with the interests of each nation, the
44
■ FOUETH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 45
formulas, means, and procedure to be observed in the dispatch and administration
of important matters, in order to avoid expensive and unnecessary proceedings and
delays. Under this aspect may be considered the subjects in No. VII, "Considera-
tion of the conditions under which the establishment of more rapid mail, passenger,
and express steamship service between the American Republics can be secured;"
VIII, "Consideration of measures which will lead to uniformity among the American
Republics in consular document and the technical requirements of customs regula-
tions, and also in census and commercial statistics;" IX, "Considefation of the recom-
mendations of the Pan American Sanitary Congresses in regard to sanitary police and
quarantine and of such additional recommendations as may tend to the elimination
of preventable diseases, " all of which, as will be understood, are of manifest utility.
Such will also be the character of the subject contained in No. X, with reference to
"patents, trade-marks, and intellectual and literary property," if there can be found
adequate means to harmonize the various principles and methods which predominate
in these mattei'S among the several States.
It can not be doubted that Subject VI, "Report on the progress which has been
made on the Pan American Railway since the Rio Conference, and consideration of
the possibility of cooperative action among the American Republics to secure the
completion of the system," is of the utmost importance among the subjects to be
considered, since that railway would be the basis of mutual understanding, union,
and commerce between the nations of both continents and the bond which would
unite them all in the development of theii- industries and progress. This problem,
as is well known, has passed beyond the region of improbability into that of feasibility,
and there would appear to be good reason to hope that the conviction of its reciprocal
advantages will convert it into a happy reality.
But I ought not to indulge in these detailed observations upon that which, in its
entirety, ■will constitute your program, and I therefore return to the general subject.
It is a fact that both the initiation and the actual meeting of the Fii-st Congi-ess were
looked upon with misgivings by the European nations in the supposition that it was
proposed to stii* up local interests or sentiments tending to create certain barriers to
the commercial and political relations of the two hemispheres; and it was believed
that there was visible among its designs a coalescence with the Americanist tenden-
cies of the Monroe doctrine. Nor were there lacking those who suspected that it was
proposed to introduce a department in international law creating special principles
for the peoples of America.
Events and the upright procedure pursued in the successive conferences have,
nevertheless, completely demonstrated the falsity of such imputations, and to-day,
with due justice to the conduct of the American Republics, recognition is given to
the great utility and positive advantages of these congi-esses, which, aside from the
opportunity they afford for the elucidation of those matters of common interest which
constitute the basis of their program, draw closer the bonds of union and friendship
between nations, some of which are held together by their common origin and tradi-
tions, while all of them are moved by aspii-ations toward the common ideal of liberty,
civilization, and progi-ess.
It would seem unnecessary to repeat, in this connection, what has already been
said, namely, that the success of the congi-ess depends upon the conduct, compe-
tency, and diligence of its members, since the eminent position, preparation, and
culture of them all give the highest and most complete assurance of the wisdom of
their deliberations.
Permit me now to recall certain antecedents related to the world-wide economic
importance of the countries summoned to take part in this conference.
The eminent Secretary of State, Mr. Blaine, to whom I have already referred, at
the opening of the first congress, set forth the principal data with reference to the
nations assembled for deliberation in the follovring terms :
"Their total area," he said, "amounts to, with but little difference, 12,000,000 of
square miles, which is more than three times the entire area of Europe and only
slightly less than the fourth part of the land surface of the globe. As to their pro-
ductive efficiency, whether of articles indispensable to human life or of those meeting
the demands of luxury, the level which corresponds to these countries is also very
high, since the one and the other are furnished to them by nature in a larger pro-
portion than elsewhere in the same world. These vast territories contain at this time
approximately one hundred and twenty millions of inhabitants; and if populated in
the same ratio or with the same degree of density as Em-opean countries their popu-
lation would without difficulty exceed one thousand millions."
Now, gentlemen, the most recent data shown by statistics demonstrate that these
figures have changed greatly to the advantage of the peoples of America, displaying
the surprising progress which year by year takes place among them, revealing a
46 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
tendency to development in a proportion not only never exceeded, but never equaled
up to the present time by any other nations of the world.
First of all, the number of states has been increased by the two new Republics of
Cuba and Panama; their area has grown by the addition of that of Cuba, and their
population represents at the present time a total of 160,000,000 inhabitants. As
concerns their economic efficiency the fact is that the sum total of their exports,
which constitute an exponent of the productive power of nations, amounts to about
three thousand millions of dollars, while the grand total of their commerce, including
exports and imports, shows the sum of about six thousand millions of dollars, of which
a little more than one-half belongs tp the United States of America and the remainder
to all the other Republics together.
The statistical results just given, compared with the corresponding data concerning
European states, including with them China, Japan, Russia, and Asiatic Turkey, as
well as Canada, considered as British territory, give us a percentage for the American
Republics of $18.90 gold exports per inhabitant, compared with $10.13 gold for the
other States to which I refer, and of $33 gold per inhabitant in the general commerce
of exports and imports, as compared with $22.20 gold for the other states.
The data thus given show forth the rapid development which is taking place in
the productive power of the peoples of America, who are going forward at this time,
inspired happily by the most effective means of devoting themselves to the honest
development of their industries and wealth, which are the basis of their prosperity.
Fortunately all those frequent political conflicts which gave rise to such unfavor-
able opinions concerning the capacity of the republics of Latin origin for self-govern-
ment and well-ordered administration are passing away, and the very nations which
formerly entertained so doubtful an opinion are now turning their eyes toward these
new centers of production and wealth, whence there come so many and such varied
resources for the maintenance of the industrial activity of the great manufacturing
centers of the world, contributing to the cheapening and abundance of the means of
subsistence.
You will therefore, gentlemen, devote yourselves to the tasks committed to you
with the conviction of the importance which our countries hold in the world's com-
merce and with the aim to confirm by friendly association the antecedent conditions
of harmony amongst all the peoples of both the American continents to draw them
more closely together in their cooperation for mutual progress and happiness by
extending to each other reciprocal advantages and mutual aid.
Far from being the rivals of any other nation or portion whatever of the world, we
may congratulate ourselves upon the fact that all our states have embedded in their
constitutions the loftiest principles of civilization and of liberality toward all other
nations and toward all well-intentioned men who may desire to reside in their terri-
tories for the purpose of labor and subsistence under the protection guaranteed by
their free institutions.
It is pleasant, moreover, to call to mind on this occasion the new direction given to
world-wide politics by the incorporation into the world's concert and councils at the
last Hague Conference, on terms of equality with the great nations, the greater part
of the American States of Latin origin, even those of least extent and population.
It had come to be the inveterate custom of the powers to deliberate among them-
selves on the destinies of incipient and weak nations, as if dealing with States or
sovereignties possessing neither voice nor weight in the control and development of
the rules, principles, and declarations inherent in human societies, recognized as
indei)endent and sovereign in their international relations.
This condition of precarious autonomy and liberty of action, and the constant
danger of being subjugated or suffering the mutilation of their territory, would have
continued among these weak States but for the wise and famous declarations of
President Monroe, to which we ought to render due homage; and but for the constant
action of other continental powers of somewhat greater strength in the defense of their
territories and sovereignties as well as their declared intention to cooperate for the pro-
tection of those States which were endowed with less strength and fewer means of
self-defense.
Nevertheless, although such declarations and precautions have been in practice
efficacious for the maintenance of the integrity of those international entities, they
could not have a like influence in establishing their importance or the share they ought
to have in the councils of the nations, or in the development of the rules and prin-
ciples and rights to which the nations, whether weak or strong, should be amenable
and by which they would be protected in their reciprocal relations and in their inter-
national conduct, in peace as well as in war, and in all those cases to which the law of
nations is applicable.
The continuance of such a state of things, though it might not be said to be due
entirely to the abuse of power, was due, undoubtedly, to an abusive neglect, which
FOUETH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 47
was neither right nor proper as a matter of reason or of law, and which therefore could
not be perpetuated without a violation of justice.
It is true that the invitation to take part in the Hague Conference did not result
from the spontaneous action of the powers, but from the initiative and insistence of
the Government of the United States and of those of certain other important Republics
of America, to whom is due the expression of sincere gratitude; but it is not therefore
to be held as a fact less propitious or of less historical significance that the small States,
up to that time held to be disqualified by their inferiority were thus admitted with
the rank of sovereign States to take part in the elucidation and sanction of principles
and resolutions which have been incorporated into public and private international
law, and to which each State must hereafter adjust its rules and the conduct of its
administration.
This sanction and recognition of the rights of the weak not only coincides with the
principles of sound reason and justice, as has been said, but it also raises the dignity
of our nations, impels them to progress and places them in the pathway of moral and
material improvement wherein they will contribute by their labor to the productions,
the commerce and the prosperity of all .
It is my privilege to state that it is undoubtedly the occasion of genuine satisfaction
to see the increased number of delegates present in this congress, exceeding that of
former congresses, and I can say with entire confidence that, if not all the Republics
are represented, this is due to causes entirely foreign to the desire and action of the
Argentine Government, which has, on its part, made every effort to secure their
participation.
Upon your action and your wisdom depend, gentlemen, from this time the success
which we must all hope for from the labors of this conference, which are safely intrusted
to the care of such distinguished representatives.
Honorable delegates, in the name of His Excellency the President of the Republic,
I now declare your sessions open.
ADDRESS OF HON. HENRY WHITE, PRESIDENT OF THE DELEGATION
FROM THE UNITED STATES.
Your Excellency: Permit me to assure you of my high appreciation of the honor
which has been conferred upon me, as chairman of the delegation of the United States
of America, of responding to and thanking you for the eloquent oration with which
you have welcomed to this magnificent capital the delegates of the Fourth Interna-
tional Conference of American States and declared our sessions to have begun.
It is deeply gratifying to be able to feel that the words of amity and fraternity to
which you have given such appropriate and graceful utterance are to be received as
an expression and faithful reflection of the spirit of harmony in which we have assem-
bled and in which our deliberations will be conducted.
We certainly are meeting this time in the midst of the commemorations of historic
events the recollection of which must bring a thrill of pride to every American heart,
and in respect to which the President of the United States, in his last annual message
to Congress said: "This conference will have a special meaning to the hearts of all
Americans, because around its date are clustered the anniversaries of the independence
of so many of the American Republics."
In the presence of those great transactions fraught with developments the beneficent
effects of which become more and more apparent with the lapse of years, we are
neither North Americans nor Central Americans nor South Americans — we are simply,
one and all, Americans. From a common condition of colonial dependence we have
all of us alike passed through the trying ordeal of a struggle for national existence; we
have known the sacrifices incident to such a contest, and the uncertainties that
attend and succeed it, and we have all alike rejoiced, as we do to-day, in the achieve-
ment of an assured and vigorous national independence.
Scarcely, however, had the movement for independence in Latin America reached
a successful conclusion, when the permanency of the triumph seemed to be put in
jeopardy by the concert of antagonistic and reactionary forces in other lands. It was
then that President Monroe, animated with the spirit of American solidarity, and
giving expression to the common interest and common ideals and aspirations of the
American people, made to the world the celebrated declaration since known as the
Monroe Doctrine, to which your excellency has so happily adverted. This doctrine,
conceived in the broadest spirit of American brotherhood, was designed by its author
to be, as it has since become, a general charter of liberty and independence to all the
American nations, and in this sense it called forth an immediate and enthusiastic
response, for not only did it lay down the principle that the extension of European
48 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
governmental and colonial systems to the American continent would not in future be
permitted, but it also proclaimed in no uncertain terms that the American nations
would henceforth be masters of their own destiny.
It is very gratifying to the delegation of the United States to hear the touching
tribute which your excellency has paid, and for which I beg leave to express our
sincere appreciation and thanks to our great countryman, the late Mr. Blaine, for his
part in bringing about the meeting of the First International American Conference.
Those of us who knew Mr. Blaine well remember how deep and constant was his inter-
est in the proceedings of that conference, and with what zest he labored for its success,
and although various projects and resolutions in which it resulted may not have been
eventually incorporated in formal treaties, yet its results and those of the two confer-
ences which have succeeded it mark as a whole a great advance in American inter-
national relations and in the relations of America with the rest of the world.
We of this delegation do not doubt — and I am sure that such is the opinion also of
all the other delegates here present — that the work of the present conference will, as
your excellency has intimated, be conducted in a spirit of harmony and with a view
to the largest possible measure of practical achievement. As is indicated by the pro-
gram, the conference is charged with the duty of facilitating international intercourse
by arrangements of common utility to the several States of this hemisphere.
It is quite true, as your excellency has justly stated, that the initiation and meeting
of the first conference were looked upon by certain European nations with suspicion
if not with actual alarm; but I think we may congratulate ourselves that no such
feeling exists in any part of the world with respect to the fourth conference which has
assembled here to-day.
It can not be too frequently affirmed that there is nothing in American solidarity
and constantly increasing friendship to imperil the interests of the old countries from
which the peoples of America derive their language, their- laws, and many ol their
customs, or indeed the interests of any other countries in the world. On the con-
trary, we, delegates from the countries here in conference assembled, hope and feel
that the older nations will realize from our experiments in government and from
American international solidarity that national aggrandizement and prosperity are to
be attained far more readily by friendship than by war. We hope and feel also that
whenever friendship between nations is based, as that of the American Republics is,
upon a desire to promote the welfare of mankind and the advancement of order and
justice, such friendship can not fail to be instrumental in the fmiherance of higher
ideals and a potent factor in the dii^usion of the blessings of peace not only on this
American continent of ours, but in other lands beyond the seas unto the uttermost
parts of the earth.
ADDRESS OP HON. ANTONIO BERMEJO, DELEGATE OF THE ARGENTINE
REPUBLIC.
Honorable Delegates: First of all I desire to express our acknowledgment of
the honor which you have conferred upon the Argentine Republic in designating the
president of her delegation to occupy this high office in this honorable conference
and, in voicing the sentiments of the nations, I take pleasure in declaring to you that
all of you are now in your own country and in your own home.
Favored with the honor of having you as her guests, the city of Buenos Au-es will
endeavor to make your stay agreeable to you, so that you yourselves, placing your
hand upon the heart of the Argentine people, may perceive her ardent aspirations
toward confraternity with the other nations and her persistent efforts to work out her
own destiny among them, holding as the invariable rule of her international action
the inspirations of justice and peace.
The purpose which brings together in this hall the high representatives of America
has been defined and made clear by the experience of preceding assemblies, setting
aside under the dictates of prudence everything which might divide us, in order to
seek those practical solutions which will direct them without stumbling to the security
of that American solidarity to which we all aspire.
It is easy, moreover, to recognize the influence of that saving thought that floats in
the atmosphere of our century, which grows strong in the minds of statesmen, and
moves upon the conscience of the nations. It teaches us that nations, as well as
individuals, are called upon to constitute a juridical community, a society ruled
exclusively by justice and by law.
Relegated by the present to a distant past which will not be repeated in the future,
those schemes for political confederations and defensive alliances wrought out in the
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 49
Congress of Panama, and in the assemblies which succeeded it down to the middle
of the past century, have been substituted by a universal interchange profitable to all,
and the distrust of those times there has succeeded a loyal recognition of the civilizing
influence of Europe.
As to the indisputable desirability of giving uniformity to the rules of international
private law in order to decide such conflicts as arise from the diversity of legislation,
this matter, which engaged the attention of the Congress of Jurists in Lima in 1867
and that of Montevideo in 1888, now awaits the execution of conventions already
entered into. The committee of jurists which is about to meet in Rio de Janeiro, and
future conferences, will also contribute to the more precise determination of the rules
of international public law, contributing to the action of the universal peace congresses
held at The Hague in which, with the participation of America, a permanent tribunal
of arbitration has been organized, the usages and customs of war, as well as those of
neutrality, have been regulated, while at the same time it has been proposed to
organize an international prize court.
The States of the New World, as has been well observed, constitute a numerous
family composed of twentj^-one sisters. To this it may be added that, older or younger,
great or small, strong or weak, their rights are the same; and in these conferences,
which we may consider as family councils, it is proposed to establish among them a
unity of thought and of aspirations, in order that their practical and economic rela-
tions may be more cordial, their interests more harmonious, and their rights more
completely guaranteed.
As an expression of this American solidarity in its new and progressive outlook
and in the broadening of the scope of its action, diplomatic conferences, such as ours,
join hands with the scientific congresses held in Buenos Aires, Montevideo, Rio de
Janeiro, and Santiago, Chile; with the medical congresses assembled in the same
capital cities, and with the student congresses inaugurated in 1907 in Montevideo.
All these contribute, each in its own sphere, to cause the countries represented in
them to know each other better, to direct their efforts effectively to the easy removal
of their difiiculties, and, what is more than all, to learn to love one another, for this
is the law of nations as well as of individuals.
Furthermore, the policy of cooperation on the part of the several American States,
not directly interested in a given conflict, for the purpose of facilitating solutions
which are all the more reasonable and just because friendly and conciliatory, in
the use of procedure compatible with the sovereignty of the nations in question, will
contribute effectively to the maintenance of peace, and, with peace, general prosperity.
Gentlemen, I understand that I am to preside over a diplomatic assembly in which
each nation reserves to itself the benefit of its own vote, because the decisions of the
majority do not compel the minority. We have not come together to debate doc-
trines or to verify suppositions, but to leave on record the measures which public
opinion in general recommends in order to secure the well being of all. Although
less brilliant than that of a scientific or parliamentary congress, the task of the Fourth
International Conference will be no less beneficent and practical ; it will draw closer
the bonds which unite the American Republics, will harmonize their interests and con-
solidate international amity.
Moved by such aspirations, we may be permitted to say that, after a recess we con-
tinue, in the city of Buenos Aires, the sessions which were held in Rio de Janeiro
in 1906, which followed those of Mexico of 1902, and in Mexico those which were so
brilliantly inaugurated in Washington in 1889.
I am sure that there will prevail in our deliberations the lofty spirit of mutual friend-
ship and those conciliatory sentiments which controlled the former conierences,
and, as concerns your president, permit him, in order to the faithful discharge of his
duty, to invoke the revered memory of the lofty example of equanimity shown by
the illustrious statesmen who have preceded me in this honorable task, James G.
Blaine in Washington. Genaro Raigosa in Mexico, Joaquim Nabuco in Rio de Janeiro.
Honorable delegates, the sessions of the American assembly now continue in the
present conference in Buenos Aires.
74034— S. Doc. 744, 61-3 4
APPENDIX D
ADDRESS OF DR. ANTONIO BERMEJO, PRESIDENT OF THE CONFERENCE,
ON AUGUST 27, 1910.
All the topics of the program of the Fourth International Pan American Conference
have now been exhausted, and in inviting you to the act closing its sessions under
direction of his excellency the minister of foreign affairs, I fulfill my duty in con-
gratulating you upon the labor that has been performed, the spirit by which it has
been animated, and the fruitful results that it is destined to produce.
The program undoubtedly has been a limited one, and, it should be stated, wisely
a limited one. It has comprehended topics of practical importance tending to bind
countries that join one another but which do not carry on a reciprocal trade. In it
there is nothing savoring purely of doctrinary or scientific interest, such as befits
the institute of international law and the important features of which have been
already codified in The Hague Congress.
And should we seek the cause of the limitation we must indicate where the evil lies.
Nobly engaged in the task of institutional organization, Latin America feels within its
midst the agitation of grave problems of internal order upon the solution of which in
turn depend still graver problems of international policy.
The day will come, nevertheless, when, once internal peace has been assured along
with the guaranty of all rights and liberties, and once American confraternity has been
consolidated along with the prevalence of legal resources and the concentration of all
interests, it will be possible to discuss openly the problems and doctrines that occupy
the mind of the thoughtful and that agitate the mass of the people in regard to whatever
concerns the community at large or in particular the relations of the States of America.
Toward that goal these periodical conferences are impelling us, and as to the present
one I may state that, in the debates carried on with such a breadth and abundance of
knowledge in the meetings of the committees and in the deliberations of the plenary
sessions as well, the delegations here assembled have displayed a most exalted spirit
of conciliation and mutual concession by which all difficulties and divergences have
been smoothed away.
It could not be otherwise when one remarks the deferential consideration shown
toward this Republic, and of which eloquent testimony has been given by the Govern-
ments adhering to this conference in their appointment of delegations composed of
representative persons versed in public affairs and inspired by the loftiest sentiments
of harmony and cordiality. To this should be added the adoption of the most approved
methods of parliamentary procedure, as they are observed in the diplomatic congresses
of the world when bringing to the attention of the assembly proposals natiually elabo-
rated by the aid of opinions freely uttered and mutually rectified and harmonized in
the debates of the committees.
And the practice in question may be regarded as established, not by precedent
alone, but by the significance as well of these conferences. The problems affecting the
interests of the States and possessing a scope not always foreseen and a complex nature,
call for mutual and temporary concessions; to which should be added the circum-
stance that in a juristic society in process of formation law must be worked out grad-
ually and in a conciliatory fashion, that is to say, through a general interchange of
ideas of men and of capital which constitute, as they do, the basis of present day
civilization.
Messrs. Delegates, if the preceding Pan American conferences have merited the
prestige of illustrious statesmen like Blaine, Hay, and Root, respectively, the present
one does justice to the lofty inspiration of its hongrary president, His Excellency the
Secretary of State, Philander C. Knox. Owing to his deferent initiative, seconded by
the other nations represented in the International Bureau, the first topic of the pro-
gram is devoted to "the commemoration of the centenary of the Argentine Nation and
the independence of the American Republics."
^n your part, recognizing the fact that commerce is the chief agency of international
union, you have proposed the holding of a permanent exposition of the products of the
soil and industry of America at large and the publication of an artistic work which
50
FOUETH INTERNATIONAL CONFERENCE OF AMERFCAN STATES. 51
shall reproduce facsimiles of the declarations of independence, a brief historical sketch,
and the portraits of the heroes of emancipation.
And it is fitting to recall at this tim.e that that emancipation, aside from a number of
local circumstances, beholds its initial cause in the great movement of the English
colonies of the north, in which George Washington was the fighting arm and the genius
of action, Jefferson the power of mind that shaped the act of independence, the new
Magna Charta of America, Chief Justice Marshall, its sapient organizer, who definitely
modeled the most perfect organism that has ever been evolved from the human mird
and which has illumined the path that leads to the determination of principles gov-
erning the conduct of nations, as has been set forth with his acknowledged scientific
authoritativeness, by our learned colleague, Mr. John Bassett Moore, in his commemo-
ration in the State of Delaware of the centenary of the genial expounder of the Consti-
tution.
In this final session the delegation of the Argentine Republic wishes to give expres-.
sion of its gratitude for the share taken by the delegations in the commemoration of its
national festival after having made like demonstrations of homage to the anniversaries
of Colombia, Peru, and Ecuador which coincide with the period of our deliberations.
You have also rendered due homage to that apostle of peace, Mr. Andrew Carnegie,
and to his generous efforts in behalf of universal progress, pointed out the advantages
of scientific congresses like that of Santiago, Chile, and of Buenos Aires, and deter-
mined upon the manner of celebrating the opening of the Panama Canal, the impor-
tance of which for the world's commerce and the cause of peace undoubtedly will
surpass that of the Suez Canal.
This widening of the spirit of confraternity displayed in the celebration of a glory
and progress common to the entire continent has been interrupted by manifestations
of sorrow shared equally by all ; I refer to the expressions of condolence transmitted to
Costa Rica for the calamity visited upon the city of Cartago, and to the Republic of
Chile for the death of its illustrious President, His Excellency, Mr. Pedro Montt. In
the solemn session held for this purpose it may be said that America at large bowed
reverently before the remains of one of her favorite sons because, if indeed Mr. Montt
was bqrn in Chile, his great heart belonged to the continent entire, having served, as
he did, the cause of peace among all the nations of the New World.
You have improved the organization of the Pan American Union by giving to its
organic charter the solemnity of a convention so as to show, it would seem, that the
effort of two decades has strengthened the solidarity of right and interest in the con-
tinent entire.
The honorable Dr. Knox has summed up in felicitous terms the great objects of the
institution by observing that, thanks to its influence, the nations of Pan America
would succeed from year to year in drawing more and more closely the bonds of good
understanding and greater community of interests which join them; and Senator
Root, who has left such pleasant recollections among us, has seen in the monument,
destined to shelter it like a confession of faith, a pact of fraternal duties, a declaration
of fidelity to an ideal ; the rule of universal public opinion condemning as an enemy
to the happiness of the American Republics whatever by reason of a rebellious spirit
or selfish ambition may arise to distrust the peace that should endure.
Furthermore, the Pan American Union, not having been the result of a violation or
of a preconceived idea of international policy, lives and will continue because it has
arisen out of a general conviction of the benefits that it brings, and finds therein its
greatest support. In this way one may understand why the sentiment of American
solidarity throbs in the entire history of free America and why it has made its influence
felt even in the midst of armed contentions that have disturbed the peace of the
continent. It was the spirit that hovered over the chaos.
As the surest means of attaining these results you have broached the study of meas-
ures conducive to the increase of land and water communication as aided by uniform-
ity in consular and customs regulations and commercial statistics. It has been
remembered that, out of the 3,400 kilometric leagues separating Washington from
Buenos Aires, less than one-third of that distance has yet to be covered ere the great
work of the Pan American Railway will have been completed. It may be added that
the railway in question, as well as river communication by the La Plata to the Orinoco,
which is to be its complement, and the investigation of which was recommended in
the conference at Mexico, will constitute eventually the chief arteries of circulation
in the central portion of the continent.
Following the same order of ideas in regard to the closer union of our peoples you
have recommended the holding of a congress of American universities to promote
university extension and other measures of intellectual cooperation and have made
some provision at the same time for an interchange of professors and students.
52 FOURTH INTERNATIONAL, CONFERENCE OF AMERICAN STATES.
In this regard I must observe that in the universities of this country will be heard
for many years to come the pleasing echo of the eloquent lectures given in them by
famous American professors, like Sherrill of the United States, Maiirtua of Peru,
Cruchaga Tocornal and Alvarez of Chile, and Ramos Pedrueza of Mexico, harmonizing
with that of the words of authority pronounced by the great masters of present day
Bcience in Europe.
So far as conventions and literary and industrial property are concerned, it must be
acknowledged that you have taken a great step in legislating separately for each and
in consecrating decisively a principle laid down by universal justice, through the
provision that a recognition of property right secured in one State in accordance with
its laws as fully effective in all the others without the necessity of observing any other
formality, so long as there shall appear in the work some statement indicative of
property right reserved.
It is a positive consecration of the well-known aphorism; literary property is a kind
of property through which the immanent sense of justice has prevented the spoliation
of the noblest products of human effort.
While not denying that the rule of reciprocity in benefits may be a decisive element
in negotiations of a commercial character, it must be admitted that in the interchange
of scientific, artistic, or literarj^ works the theory of the mercantile balance does hot
apply, for the reason that a nation is always benefited by the diffusion of knowledge
whatever be the origin of the work containing it.
It only remains for me to allude to your important recommendations concerning
the convention of Washington on sanitary police and the explanation of the conven-
tions on pecuniary claims with respect to the only cases which are to be preceded by
diplomatic negotiations.
Messrs. Delegates. I have made then a synthesis of your work which is not to be
sterile, and, in taking leave of you with the expression of my acknowledgment for the
kindly considerations with which I have been honored, I beg that you will convey
to the heart of the nations so worthily represented in this conference the good wishes
of this people for their happiness and aggrandizement.
Tell them that the Argentine nation longs for the day when America entire shall
have finished her institutional evolution in the sense of forming "an indestructible
union of indestructible states," as runs the phrase consecrated by the most authorita-
tive Areopagus on earth.
That it also may attain grandeur through the labor of her sons and the interchange
of peace with all the other nations.
ADDRESS OF SB,. EPIFANIO PORTELA, AUGUST 27, 1910.
I am not going to make a speech; I am only going to say a few words in order to
express thanks in my own name and in those of my coworkers in the ofiice of the
secretary general, for the motion presented by my distinguished friend, Mr. Quesada,
of the delegation of Cuba, and for the very kind Avords with which he has supported it.
I do not know, gentlemen, whether the office of the secretary general has done
everything necessary to make your labors easy and your stay in this capital agreeable,
but I can assure you that at least everything possible has been done; such has been my
endeavor; in order to respond to the honor shown by your Governments to our coun-
try and to make you feel at home among us, which would temper the unavoidable
homesickness with which you were bound to be affected on account of absence from
your country, from your families, from your business, from everything that binds one
to his native soil.
I ought in my turn also to thank you profoundly for all the assistance which you
have rendered to the office of the secretary general without which the accomplish-
ment of your complex and difficult task, to which I have alluded, would not have
been possible.
And now, gentlemen, upon the very happy termination of your labors, I hope that
you may take to your homes the best impressions of this land, and with them the
beautiful vision which you leave among us of America, great in the expansion of its
commerce; in its industries; its intellectual culture; strong in the close, the intimate
solidarity of its moral, material, and political interests; and loved and respected
because of its observance of right and its devotion to justice.
APPENDIX E.
ADDRESS OF DR. CARLOS RODRIGUEZ LARRETA, HONORARY PRESIDENT
OF THE CONFERENCE, ON AUGUST 30, 1910.
We have witnessed an exceptional event. Buenos Aires has seen America con-
vened in this memorable assembly. No ceremony could have more worthily figured
in the celebration of our first centennial, and the republics cf the continent could not
have rendered greater homage to our independence nor have sent us their congratu-
lations by more distinguished messengers.
The future conferences will meet successively in the other capitals of America,
and before they have completed their final circle and before the circuit close on
Buenos Aires, gentlemen, about a century will have elapsed. Neither we, nor even
our children, are to be seated again on benches such as these.
Things sometimes are more lasting than human life against the destructive work of
time; but it may also be that this very building, recently completed, will have been
replaced at that time by some edifice more vast and more sumptuous, which will
better correspond to the immense capital of the second centennial.
Only the past of your deliberations will remain indestructible; the minutes which
will contain the thought of the Governments and of the best men of America con-
cerning difficult problems; the treaties signed to draw nearer and develop the inter-
ests; the harmony of twenty nations sprung into independent existence almost at
the same time and under the same conditions; and, above all, gentlemen, you must
permit me, on this occasion, to disclose the common feeling that there is an American
spirit; that there is a continental spirit which could not be formed among the colonial
and dispersed islands of Oceania, nor among the barbarous tribes of Africa, nor among
the sovereignties of Asia, of which Japan alone has achieved incorporation into
contemporaneous civilization, nor in Europe itself , our common mother, the civilizer
of the world, which counts races by nations, and has not yet been able to completely
obliterate its sectional antagonisms.
But this peculiarity, gentlemen, imposes duties upon us which are correlative.
We must establish a common friendship to protect ourselves reciprocally in the devel-
opment of our material interests; we must respect the rights of all the republics and
never exercise force except to the rule of justice; great or small we must not forget,
either, that the acts of our Governments and of our political parties give prestige to
or tarnish the name America.
I recognize that along this path your conferences have made great strides and were
always the significant expression of a high ideal of continental fraternity. If your
programs are narrow, it is because they designate a neutral ground upon which with-
outserious misunderstandings so many sovereign nations can meet; but, on the other
hand, they are fully carried out, always marking thereby the gradual extension of
our first victories. You, representatives of America, have worked for the better-
ment of your antellectual, economic, and mercantile conditions. You have stimu-
lated interchange of all sorts and OA'erlooked boundaries for many interests. You
have consolidated the intellectual union by legislating wisely on the bureau of our
Republics. You have fostered the study of national problems, and you have honored
the labors of the scientific congresses. And if at times you interrupted your fruitful
labors it has been to render homage to the American spirit, sending to the peoples,
or to men, your word of encouragement, of gratitude, or of consolation.
I certainly do not belittle the importance of the work done, if I allow myself to
hope for the future, once international boundaries are established and the final ques-
tions which separate certain countries of the continent are settled, that the programs
of future conferences be enlarged, including all the problems of industry, commerce,
resources, and labor; seeking how our railroads, how our rivers, how our great oceans
may be converted into factors of a single progress and a single welfare in order that
we 'may reach the common ideal of obtaining the happiness of our peoples and of lev-
eling, also, as far as possible, the inequalities of fortune and history.
I have said nothing on the principles of international law, because I do not believe
that there is an American international law. I believe there is but one civilized
53
54 FOUETH INTERNATIONAL. CONFERENCE OF AMERICAN STATES.
international law, and wince all the American Republics have been invited fo the
conference of The Hague we ought, in my judgment, treat these questions with the
other nations of the earth; but I again invoke the American sp>irit and I ask you:
"Why should not the nations of this continent be the heralds and movers of that wish
which echoes everywhere agitating the spirit of the popular masses in the great nations,
the clamorous wish of universal peace?"
The first Hague Conference produced the Convention for the Pacific Settlement of
International Disputes, which created the committees of investigation and aided the
procedure to establish scientific arbitration. Owing to this world-wide treaty — the
first in the history of humanity — many grave difficulties that might have disturbed
the peace of nations have disappeared in peaceful agreements.
The second conference desired to solve two most important problems that would
present a decisive step forward in the progress of international law — obligatory arbi-
tration and the creation of a paramount court of justice. Both problems were solved
in principle, but their application is delayed by difficulties which it is impossible to
overcome. The agreement to formulate the rules of obligatory arbitration was only
obtained on eight points and only had the votes of 32 nations. In the thi-ee States not
voting and in the nine contrary votes, gentlemen, no American nation is numbered.
The assembly, however, desired to obtain unanimity before adding this new triumph
to the universal treaty of the first conference.
The permanent court of justice which would haA^e had to apply the rules of oblig-
atory arbitration was created under a convention which received unanimous approval,
but it was not possible to find any system, accepted by all the nations, under which
to organize the new tribunal. While some supported equality of representation for
all countries, others desired to provide, by means of diplomatic procedure, a pro-
portional representation in accordance with the influence which each country exer-
cised in the world. The first theory gave the majority to the weak nations; the
second gave it to the strong nations; irreconcilable ideas, and the establishment of
the new permanent tribunal remained at a standstill.
I have just stated the most important problems of contemporaneous international
law. They mark; in my judgment, the only channel that can lead us to the judicial
peace of the world. We shall reach it by that road or we shall not reach it at all,
since I do not believe that the limitation of armaments is reconcilable with the natural
conduct of nations. Peace can not come except from the sanction of universal laws,
and the establishment of an international tribunal.
And, therefore, in your exalted rostrum which has the continent for its auditorium,
I solemnly pray that the natives of America, be it through their Governments, be
it through the office of their republics in Washington, be it in a fifth conference,
study the problems, seek the most appropriate solutions, and that united they sup-
port them as a contribution to human happiness in the first conference thai may
assemble at The Hague.
Gentlemen, in this year the majority of our republics complete a century of inde-
pendent life. We can now say, as in Washington, "America for humanity," because
we are sovereign nations and the place we occupy in the world we owe to strength
of our own arm and to our blood heroically shed . But let my last words be to send from
here a message of acknowledgment to the great nation which initiated these con-
ferences, which preceded us in the struggle for independence, which afforded us
the example of a fruitful people organized as a republican nation, which on a day
memorable in history said: "America for the Americans," and covered as it were
with a shield the independence we had won.
Gentlemen, I declare the Fourth International American Conference closed.
ADDEESS OF DR. LUIS TOLEDO HERRARTE AT THE CLOSING SESSION
OF THE CONGRESS, ATIGXIST, 1910.
If the fourth international conference, which at this moment solemnly closes its
session, had endeavored to show with those that preceded it and demonstrate in
an irrefutable way the broad and friendly spirit in which all its acts have been per-
formed, it could not have succeeded in doing so any better than to-day by desig-
nating as representative of the honorable delegations who compose this august body
the humble representative of one of the smallest countries of the continent, and
signifying by such noble procedure that in this memorable love feast, offered to all
America by the glorious Argentine Republic, all of us take part with equal right and
identical responsibility, and that under the sumptuous roof of this building, which
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 55
has been our home, there is but one title which can and ought to resound, and that
is the title of "Brother."
To render thanks for the immense honor which through my person is bestowed
upon the people and Government I represent and to the section of the New World
to which I am proud to belong would be to belittle its magnitude and to endeavor
to crystallize in words, always inadequate, sentiments and feelings which man has
not yet learned to express. I confine myself, therefore, to saying to you all, "Thanks,
my colleagues and companions."
Conferences like the present respond to a very lofty aspiration; they are the magnifi-
cent exponents of the grade of civilization and culture reached by humanity and they
have in the history of the world of Columbus, connections, antecedents, and founda-
tions which sanction them in an immutable and definite form. To the infinite as-
pirations of the liberator, who, after having emancipated constellations of peoples, did
not free himself from his ideals except upon the boundless bosom of death, did
the initiative of the Congress of Panama belong, as did the generous, exalted and sym-
pathetic action of one of the greatest and noblest of spirits which has breathed in this
continent — that of Henry Clay, who could justly be called the father of the Pan Ameri-
can idea, and this idea is one that, like all redemptionary and important ideas, has
made its way_ in the world, and has had its precursors, its promoters, its martyrs, its
apostles and its converts. To recall their names already anointed with the gratitude
of peoples would expose me to the risk of making lamentable omissions, and therefore
I limit myself to asking that this conference, the direct result of their efforts, should
retain a thankful remembrance of the spirits of those illustrious dead and of the very
eminent persons who happily for us still live, and who have struggled and suffered in
order to plant the luxuriant tree from which we are beginning to gather already the
ripened and most beneficial fruits.
If the group which is the fatherland is nothing more than the extension of the family
and the latter in its turn does not represent anything more than the multiplication of
the individual in time and space, how can we help but comprehend that the tendency
and aspiration for American fraternity are for us, the sons of the Western Hemisphere,
the highest form of patriotism. Man grows fond of the crags, mountains, plains, and
valleys in which his first years were sjjent, and he who studies ethnical and geograph-
ical affinities becomes firmly attached to the portion of the globe in which he happens
to be borne. America, if not created at least discovered by the gigantic enterprise
of the hero of Genoa, arose, an immaculate, entire and pure virgin at the same his-
toric moment, and although its fate has been different during the colonial period, un-
derstood that in the future the destinies of its various sections were inseparably con-
nected; finding the genuine expression of the sentiment intuitive, and therefore in-
destructible in the formation of the Monroe Doctrine, interpreted in its broad and
magnanimous spirit by the eminent Argentine statesman who to-day honors us with
his presence and who by the just vote of his own fellow- citizens must very soon fill the
supreme magistry of this privileged country.
Much has been said in analyzing the ultimate result of the conferences, of the fears
that their assembling might cause our common mother, Europe. Publicists, perhaps
badly informed, may have been apprehensive that upon the assembling of the Ameri-
can peoples in fraternal intercourse, we were about to forget what we owe to those
civilizations so many centuries old; and to renounce, like ungrateful children, our
origin, our country, and our blood. Happily nothing has occurred that might justify
such pessimistic apprehensions; and with a calm spirit and dispassionate judgment,
these periodical meetings are judged, it will be understood that, at the same time
they benefit our peoples, assure peace, increase their welfare, render firm their credit,
and extend their possibilities and energy, they influence in a decisive manner the
harmonious development of the world, and therefore they affirm and draw closer the
bonds which unite us with the countries of the Old World. All of which tends to
better the conditions of living mankind in the world and in hastening his progressive
development, broadens and augments the sum of happiness to which the race can
aspire, constitutes a secure guaranty of its commercial expansion and of its future
prospects, and guarantees by this means the growth and the power of the others, since
the attainment of large properties rests more on the wealth and on the advance of the
other bodies than on the properties themselves; and never on ruin or decadence or
downfall of their rivals.
Men inspired no doubt with excellent intentions, but dragged by the Pegasus of
a generous Utopia have believed that they could save themselves at a given moment
from deep abysses and that they could scale inaccessible heights, going so far as to
Bay that conferences like the present have defrauded the hopes of the peoples and
fallen far short of the desires that move humanity, in view of the limitation of the
programs and the severe conciseness of the topics treated in them. Such a manner
56 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
of thinking involves no doubt broad and laudable views, but it implies at the same
time a complete forgetfulness of what is fatal and irresistible in the laws that rule
the world with regard to biological and social matters. If Linnteus attained his glory
and Darwin his universal renov/n, proclaiming and proving that nature does not
skip, we have shown by our action and our modest labor that we prefer to advance
a centimeter upon solid and firm ground to launching ourselves like Icarus in the
starry firmament and to fall like him with our wings broken and our illusions dead,
upon the cold realities of the earth. A great man, who can not help being remem-
bered during circumstances like the present, Senator Root, said upon inaugurating
the monumental edifice that shelters the International Bureau of the American
Republics, that the Pan American ideal had advanced slowly and surely, and that
this itself proved its deepseatedness in the minds of the peoples and was an assurance
of its success in the future. "Make haste slowly," said the ancients, our masters in
everything, and to this wise and profound advice we have conformed in discharging
the task commended to our zeal.
I am not going to enter upon an analysis of the work done by this conference.
After the brilliant scene and complete statement of it made by our venerated
president, it would be a task as venturesome as it is unnecessary. At this point I
would like only to recall that the statesmen and diplomats who, with the valuable
cooperation of the illustrious Secretary of State of the United States, Philander C.
Knox, formulated in Washington the program that has served as the basis for our
deliberations had in mind especially the idea of strengthening and drawing closer
the relations among the peoples of the hemisphere by creating a community of mterest
among them; by increasing maritime communication; by assuring the existence of
the Pan American Union, the importance and utility of which is shown by two
decades of most meritorious and prolific labor; by preserving the health and life of
the inhabitants of the New World through the adoption of proper and humane meas-
ures, both hygienic and prophylactic; by guaranteeing artistic and literary prop-
erty; by fixing the form in which our exchange of professors and students may be
arranged so as to bring up men and generations fitted to the task of accomplishing
what we unfortunately have not been able to do, and by fostering, in general, among
the members of the great American family who think well of one another but who
know one another very slightly the currents of solidarity, cohesion, and sympathy
which have already brought with them as an immediate result, though never suffi-
ciently appreciated, the knowledge that we have acquired and that has been obtained
of us in this great and prosperous country.
We have agreed, furthermore, upon the manner in which the opening of the Pan-
ama Canal is to be celebrated, which, if due indeed to the persevering and herculean
efforts of the great American people, represents for the world at large the beginning
of a new era; it opens a broad and alluring haven to the nations of the continent,
and to those of the central portion of it in particular; and by reason of its incalculable
importance may only be compared with the discovery of America, that gave us mate-
rial existence, and with the political emancipation that made us freemen at once
responsible and conscious.
Hand in hand with our friends we are seen, at once united and interjoined, inton-
ing on memorable occasions hymns to the epic glories of the American Republics
and mingling our tears with those which a destiny implacable and blind has drawn,
for one reason or another, from the eyes of our brethren.
The same spirit of kindly forbearance and brotherly concord has prevailed through-
out our debates and discussions. Tourneys there were in which, as in medieval
times, the champions embraced one another in knightly fashion before and after the
combat, but never a poisonous encounter to leave a particle of rancor or bitterness
in the heart. Divergent views and opinions could have been carried to extremes,
but the circumstances simply prove that we move in an atmosphere of complete
liberty and of absolute independence, and when, as is bound to occur, an agreement
was reached and a conciliation effected, there were neither conquerors nor conquered,
since both felt the same intimate satisfaction, the same consoling fruition.
Here is the work that under the high and favorable auspices of the supreme gov-
ernment of the Argentine Republic it has fallen to us to realize. It is not for me to
judge or estimate it, but I think it proper to affirm without boasting that, on leaving
for the last tim.e this room in which we have so often assembled, we can bear with us
to our respective countries the satisfaction of having performed whatever lay within
our power, thus fulfilling worthily the mandate with which we have been honored
and, so far as we could, cooperating in the attainment of the ideals that are to assure
the happiness of our children and the good fortune of the pleiades of peoples, alike
republican and democratic, who make up the New World.
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 57
Ungrateful would it be if in concluding this oration I was not to render, in the name
of my honorable colleagues, a heartfelt tribute of gratitude and acknowledgment to
the Argentine Government, over which His Excellency Mr. .Tos6 Figueroa Alcorta
so worthily presides, and to his eminent collaborators as well, for the constant and
multiple favors that have been shown us; to the illustrious gentlemen of the preceding
board who, by reason of their undeniably exquisite tactfulness and benevolence, were
the prime factors in the success that has accompanied this congress; to all the author-
ities of this marvelous capital for their courteous and kindly efforts in our behalf;
and finally to the committee of most distinguished ladies, who with their many deeds
of hospitality reminded us of the warmth and sweetness of our distant and beloved
homes.
Mr. Minister, a sentiment of most intense admiration has pervaded us when we
behold the grandiose and incomparable manner in which the Argentine Republic has
made known to the world and to history the progress and advancement which the
blessings of peace and the stimulating action of right and justice, honorable labor,
and wealth of soil have enabled it to attain within a century of autonomous and inde-
pendent life; and in acknowledging and extolling most enthusiastically such won-
drous results we lift oui* prayer to Providence that the future may have still greater
triumphs in store for this noble people and that they may continue to be as they are
now, the honor and glory of the I-atin race and the gem' of legitimate pride of their
continental brethren.
APPENDIX F.
OFFICIALS AND DELEGATES OF THE FOURTH INTERNATIONAL CONFER-
ENCE OF AMERICAN STATES.
Honorary presidents of the conference. — Philander C. Knox, Secretary of State of the
United States of America; Victorino de la Plaza/ Minister of Foreign Relations of the
Argentine Republic .
President of the conference. — Dr. Antonio Bermejo, delegate of the Argentine
Republic.
Secretary general. — Sr. Epifanio Portela, delegate of the Argentine Republic.
Secretaries. — Dr. Arturo L. Dominguez, Dr. M. G. Sdnchez Sorondo.
Director of the section of committees. — Sr. Julian E. Portela.
Director of publications . — Dr. Rafael Alberto Palomeque.
Interpreter. — Rev. Charles W. Drees.
Chief translator . — Sr. W. R. Powers.
Chief stenographer . — Sr. Tomds Jefferson Allen.
International Bureau of the American Republics. — Sr. Francisco J. Ydnes.
Delegations.
united states of america.
Mr. Henry AVhite.
Col. Enoch H. Crowder.
Mr. Lewis Nixon.
Mr. John Bassett Moore.
Mr. Bernard Moses.
Mr. Lamar C. Quintero.
Mr. Paul S. Reinsch.
Mr. David Kinley.
Mr. Edward B. Moore, expert attache.
Mr. William R. Shepherd, principal secretary.
Mr. Cabot Ward, secretary.
Mr. W. T. S. Doyle, secretary.
Mr. Sidney Y. Smith, treasurer.
Miss Margaret M. Hanna, attache.
Mr. W. P. Montgomery', attach^.
ARQENTINE REPUBLIC.
Sr. Eduardo L. Bidau.
Sr. Manuel A. Montes de Oca.
Sr. Carlos Rodriguez Larreta.^
Sr. Roque Saenz Pena.
Sr. Carlos Salas.
Sr. Jos6 A. Terry.
Sr. Estanislao S. Zeballos.
BRAZIL.
Sr. Joaquim Murtinho.
Sr. Domicio da Gama.
Sr. Jos6 L. Almeida Nogueira.
Sr. Olavo Bilac.
Sr. Gastao da Cunha,
Sr. Herculano de Freitas.
Sr. Frederico Castello Branco Clark, secretary.
Sr. Helio Lobo, secretary.
Sr. Lafayette Pereira (filho), secretary.
1 On the resignation ol Dr. Plaza, Sr. Carlos Rodriguez Larreta, of the Argentine delegation, was appointed
minister for foreign affairs, and thereby became honorary president of the conference.
' On the retirement of St. Victorino de la Plaza as minister for foreign affairs, Sr. Larreta succeeded hinii
and thereby became honorary president of the conference.
58
rOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 59
CHILE.
Sr. Miguel Cruchaga Tocornal.
Sr. Emilo Bello Codecido.
Sr. Anlbal Cruz Diaz.
Sr. Beltrdn Mathieu.
Sr. Alejandro Alvarez, teclinical delegate.
Sr. Julio Phillipi, counsellor.
Sr. Enrique Balmaceda, secretary.
Sr. Diego de Castro Orttizar, secretary.
Sr. Fermfn Vergara, secretary.
COLOMBIA.
Sr. Roberto Anclzar.
Sr. Pedro Sondereguer, secretary.
COSTA RICA.
Sr. Alfredo Volio.
Sr. Pedro Yglesias, secretary.
CUBA.
Sr. Carlos Garcia V61ez.
Sr. Rafael Montoro y Vald^s.
Sr. Gonzalo de Quesada y Arostegui.
Sr. Antonio Gonzalo P^rez.
Sr. Jos6 M. Carbonell, delegate and secretary.
Sr. Rafael Gutierrez, secretary.
Sr. Jos6 F. Campillo, secretary.
Sr. Rafael Caspar Montoro, attacb^. ■ , ]
DOMINICAN REPUBLIC
Sr. Am^rico Lugo.
ECUADOR.
Sr. Alejandro Cardenas.
Sr. Anibal Viteri, secretary.
Sr. Cat6n C^denas, attache.
GUATEMALA.
Sr. Luis Toledo Herrarte, delegate.
Sr. Manuel Arroyo.
Sr. Mario Estrada.
Sr. Constantino Fouchard.
HONDURAS.
Sr. Luis Lazo Arriaga.
MEXICO.
Sr. Victoriano Salado Alvarez.
Sr. Luis P^rez Verdia.
Sr. Antonio Ramos Pedrueza.
t Sr. Roberto Esteva Ruiz.
I
NICARAGUA.
Sr. Manuel Perez Alonzo.
Sr. Salvador Guerrero Montalban, secretary.
Sr. Belisario Porras.
Sr. Manuel de Obaldia, secretary.
PARAGUAY.
Sr. Jos6 Irala.
Sr. Teodosio Gonzalez.
Sr. Jos6 P. Montero.
60 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
Sr. Eugenio Larrabure y Undnue.
Sr. Carlos Alvarez Calder6n.
Sr. Jos6 Antonio de Lavalle y Pardo.
Sr. Anlbal Maiirtua, secretary.
Sr. Alfredo Alvarez Calder6n, secretary.
Sr. Juan Bautista de Lavalle, secretary.
Sr. Fernando Larrabure y Correa, attache.
SALVADOR.
Sr. Federico Mejia,
Sr. Francisco Martinez Sudrez.
URUGUAY.
Sr. Gonzalo Ramirez.
Sr. Carlos M. de Pena.
Sr. Antonio M. Rodriguez.
Sr. Juan Jos6 Amezaga, delegate and secretary.
VENEZUELA.
Sr. Manuel Diaz Rodriguez.
Sr. C^sar Zumeta.
Sr. Manuel F. Fernandez.
APPENDIX e.
COMMITTEES OF THE FOURTH INTERNATIONAL CONFERENCE OF
AMERICAN STATES.
First Committee.
subject i. — rules and credentials.
[Five members.]
Gen. Carlos Garcia V61ez (Cuba), chairman.
Antonio Ramos Pedrueza (Mexico), secretary.
Estanislao S. Zeballos (Argentina).
Herculano de Freitas (Brazil).
Beltrdn Mathieu (Chile).
Second Committee.
subjects ii, v, xiii, and xiv. commemoration op the independence of the
american republics, etc.
[Seven members.]
Eugenio Larrabure y Undnue (Peru), chairman.
C^sar Zumeta (Venezuela), secretary.
Henry "White (United States of America).
Emilio Bello Codecido (Chile).
Roberto Ancizar (Colombia).
Victoriano Salado Alvarez (Mexico).
Teodosio Gonzalez (Paraguay).
Third Committee. ^
subject ni. — reports and memorials submitted concerning the action of the
governments on the resolutions of the third conference.
[One member from each delegation.]
Miguel Cruchaga Tocornal, chairman (Chile).
Gonzalo de Quesada y Arostegui, secretary (Cuba).
Henry White (United States of America).
Manuel Augusto Montes de Oca (Argentina).
Olavo Bilac (Brazil).
Roberto Ancizar (Colombia).
Alfredo Volio (Costa Rica).
Americo Lugo (Dominican Republic).
Alejandro Cardenas (Ecuador).
Manuel Arroyo (Guatemala).
Constantino Fouchard (Haiti).
Luis Lazo Arriaga (Honduras).
Luis Perez Verdia (Mexico).
Manuel Perez Alonso (Nicaragua).
Belisario Porras (Panama).
Jos6 Montero (Paraguay).
Eugenio Larrabure y Unanue (Peru).
Francisco Martinez Suarez (Salvador).
Carlos M. de Pena (Uruguay).
Manuel Diaz Rodriguez (Venezuela).
61
62 FOURTH INTERNATIONAL. CONFERENCE OF AMERICAN STATES.
Fourth Committee,
subject iv. — report of the director of the international bureau of the
american republics.
[One member from each delegation.]
Anfbal Cruz Diaz|(Chile), chairman.
Antonio M. Rodriguez (Uruguay), secretary.
Paul S. Reinsch (United States of America).
Manuel Augusto Montes de Oca (Argentina).
Gastao da Cunha (Brazil).
Roberto Ancizar (Colombia).
Alfredo Volio (Costa Rica).
Carlos Garcia Velez (Cuba).
Americo Lugo (Dominican Republic).
Alejandro Cdrdenas (Ecuador).
Luis Toledo Herrarte (Guatemala).
(Constantino Fouchard (Haiti).
Luis Lazo Arriaga (Honduras).
Antonio Ramos Pedrueza (Mexico).
Manuel P6rez Alonso (Nicaragua).
Belisario Porras (Panama).
Jos6 Montero (Paraguay).
Carlos Alvarez Calderon (Peru).
Federico Mejia (Salvador).
C&ar Zumeta (Venezuela).
Fifth Committee,
subject vi. — pan american railway.
rOne member from each, delegation.]
Federico Mejia (Salvador), chairman.
Juan Jose Amezaga (Uruguay), secretary.
John Bassett Moore (United States).
Estanislao S. Zeballos (Argentina).
Herculano de Freitas (Brazil).
Beltrdn Mathieu (Chile).
Roberto Ancizar (Colombia).
Alfredo Volio (Costa Rica).
Antonio Gonzalo P6rez (Cuba).
Americo Lugo (Dominican Republic),
Alejandro Cardenas (Ecuador).
Luis Toledo Herrarte (Guatemala).
Constantino Fouchard (Haiti).
Luis Lazo Arriaga (Honduras).
Victoriano Salado Alvarez (Mexico),
Manuel P6rez Alonso (Nicaragua).
Belisario Porraa (Panama).
Carlos Alvarez Calderon (Peru).
C^sar Zumeta (Venezuela).
Sixth Committee.
subject vn. — steamship communication.
[Seven members.]
Lewis Nixon (United States of America), chairman.
Jos4 Antonio de Lavalle y Pardo (Peru), secretary.
Jose L. Almeida Nogueira (Brazil).
Anlbal Cruz Diaz (Chile).
Rafael Montoro y Valdes (Cuba).
Victoriano Salado Alvarez (Mexico),
Gonzalo Ramirez (Uruguay).
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 6
Seventh Committee.
subject vin. — uniformity of consular documents, customs regulations, cen-
sus and commercial statistics.
[One member from each delegatioa.]
Rafael Montoro y Vald^s (Cuba), chairman.
Manuel Arroyo (Guatemala), secretary.
Enoch H. Crowder (United States of America).
Jose A. Terry ( Ar§;entina) .
Herculano de Freitas (Brazil).
Miguel Cruchaga Tocornal ('Chile).
Roberto Ancizar (Colombia).
Alfredo Volio (Costa Rica).
Am^rico Lugo (Dominican Republic).
Alejandro Cdrdenas (Ecuador).
Constantino Fouchard (Haiti).
Luis Lazo Arriaga (Honduras).
Antonio Ramos Pedrueza (Mexico).
Manuel P^rez Alonso (Nicaragua).
Belisario Porras (Panama).
Teodosio Gonzalez (Paraguay).
Jose Antonio de Lavalle y Pardo (Peru).
Francisco Martinez Su^rez (Salvador).
Carlos M. de Pena (Uruguay).
C6sar Zumeta (Venezuela).
Eighth Committee.
subject ix. — sanitary police.
[A member from each delegation.]
Carlos M. de Pena (Uruguay), chairman.
Alejandro Alvarez (Chile), secretary.
David Kinley (United States of America).
Carlos Salas (Argentina).
Jose L. Almeida No^ueira (Brazil).
Roberto Ancizar (Colombia).
Alfredo Volio (Costa Rica).
Gonzalo de Quesada y Arostegui (Cuba).
Americo Lugo (Dominican Republic).
Alejandro Cardenas (Ecuador).
Manuel Arroyo (Guatemala) .
Constantino Fouchard (Haiti).
Luis Perez Verdia (Mexico).
Manuel P^rez Alonso (Nicaragua).
Belisario Porras (Panama).
Jose Montero (Paraguay).
Francisco Martinez Suarez (Salvador).
Manuel Diaz Rodriguez (Venezuela).
Ninth Committee.
subject x. — patents and trade-marks.
[Seven members.]
Antonio Ramos Pedrueza (Mexico), chairman.
Antonio Gonzalo Perez (Cuba), secretary.
Lamar Charles Quintero (United States of America) .
Estanislao S. Zeballos (Argentina).
Jos4 L. Almeida Nogueira (Brazil).
EmUio Bello Codecido (Chile).
Juan Jos^ Amezaga (Uruguay).
Tenth Committee.
FOR the STUDY OP A CONVENTION BETWEEN THE AMERICAN REPUBLICS CONCERNING
INTELLECTUAL AND LITERARY PROPERTY AND SUBJECT XII.
[Seven members.]
Luis Perez Verdia (Mexico), chairman.
Alfredo Volio (Costa Rica), secretary.
Bernard Moses (United States of America).
64 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
Eduardo L. Bidau (Argentina).
Olavo Bilac (Brazil).
Alejandro Alvarez (Chile).
Eugenio Larrabure y Unanue (Peru).
Eleventh Committee.
subject xi. — pecuniary claims.
[Seven members.]
Gonzalo Ramirez (Uruguay), chairman.
Mario Estrada (Guatemala), secretary.
John Bassett Moore (United States of America).
Eduardo L. Bidau (Argentina).
Gastao da Cunha (Brazil).
Americo Lugo (Dominican Republic).
Victoriano Salado Alvarez (Mexico).
Twelfth Committee.
subject XV. — FUTURE CONFERENCES.
[One member from each delegation.]
Victoriano Salado Alvarez (Mexico), chairman.
Luis Lazo Airiaga (Hondiiras), secretary.
Lamar Charles Quintero (United States of America).
Manuel Augusto Montes de Oca (Argentina).
Gastao da Cunha (Brazil).
Anibal Cruz Diaz (Chile).
Roberto Ancfzar (Colombia).
Alfredo Volio (Costa Rica).
Carlos Garcia Velez (Cuba).
Americo Lugo (Dominican Republic).
Alejandro Cardenas (Ecuador).
Luis Toledo Herrarte (Guatemala).
Constantino Fouchard (Haiti).
Manuel Perez Alonso (Nicaragua).
Belisario Porras (Panama).
Jose Irala (Paraguay).
Carlos Alvarez Calderon (Peru).
Federico Mejia (Salvador).
Antonio M. Rodriguez (Uruguay).
Manuel Diaz Rodriguez (Venezuela).
Thirteenth Committee.
publications.
[Five members.]
Jose M. Caibonnell (Cuba), chairman.
Luis Perez Verdia (Mexico), secretary.
Paul Samuel Reinsch (United States of America).
Carlos Rodriguez Larreta (Aruentina).
Olavo Bilac '(Brazil).
Fourteenth Committee.
general welfare.
[Five members.]
Jose Antonio de Lavalle y Pardo (Peru), chaii'mau.
Antonio M. Rodriguez (LTruguay), secretary.
Bernard Moses (United States of America).;
Domic io da Gama (Brazil).
Bel tr^n Mathieu (Chile).
APPENDIX H.
REPORT OF THE DELEGATION OF THE UNITED STATES OF AMERICA TO
THE FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES,
CONCERNING THE ACTION OF THE GOVERNMENT OF THE UNITED
STATES UPON THE CONVENTIONS AND RESOLUTIONS OF THE THIRD
CONFERENCE.
Mr. President and honorable delegates:
The delegation of the United States of America to the Fourth International Con-
ference of American States has the honor to submit the following report of the action
of the Government of the United States on the conventions and resolutions adopted
at the Third Conference, held at Rio de Janeiro, July 21 to August 26, 1906. For
convenience of reference the several conventions and resolutions herein referred to
have been given numbers corresponding to the order in which those conventions and
resolutions appear in the report of the delegates of the United States to the Third
Conference.
CONVENTIONS.
I. The first convention concerns the establishment of the status of naturalized citi-
zens who again take up their residence in the country of their origin. This conven-
tion was approved by the Senate of the United States on January 13, 1908, was ratified
by the President on January 16, 1908, and the instrument of ratification was deposited
with the Government of Brazil on February 25, 1908.
II. The second convention, which deals with pecuniary claims, was approved by
the Senate of the United States on March 2, 1907, was ratified by the President on
March 13, 1907, and the instrument of ratification was deposited with the Government
of Brazil on April 23, 1907. _
III. In regard to the third convention, which relates to patents and inventions,
drawings, and industrial models, trade-marks, and literary and artistic property, it
may be stated that, owing to the great difficulty of harmonizing existing patent legis-
lation and practice with the plan of this convention, no action thereon has been taken
by the Government of the United States. This legislation and practice conform in
all particulars to the treaty of Paris of 1883, to which the United States, Brazil, and
the nations of Europe have adhered, and as the workings of that treaty have been
satisfactory to all the signatory States, it is believed to be in the interest of all nations
that any new conventions into which they may enter should be framed on similar
lines, to the end that a system uniform and world wide in its operation may be estab-
lished.
IV. The fourth convention provides for the appointment of a commission of jurists
to prepare a draft of a code of private international law and a draft of a code of public
international law regulating the relations between the nations of America. This con-
vention was approved by the Senate of the United States on February 3, 1908, was
ratified by the President on February 8, 1908, and the instrument of ratification was
deposited with the Government of Brazil on March 16, 1908. The Congress of the
United States has made an appropriation for the expense of the representation of the
United States on this commission.
We may add that the United States has ratified the copyright convention adopted
by the Second Conference held in Mexico in 1902; but, even with regard to this con-
vention, the situation has recently been somewhat changed by the action of the copy-
right congress held in Berlin in 1909, the proceedings of which have an important
bearing upon any new international copyright measures that may now be in contem-
plation.
RESOLUTIONS.
1. Instructions in harmony with the first resolution, which was designed to advance
the cause of international arbitration, were given by the Government of the United
States to its representatives at the Second Peace Conference at The Hague.
2, 3, 5, 8, and 10. The second resolution, concerning the reorganization of the
International Bureau of the American Republics; the third resolution, relating to the
building for that bureau; the fifth resolution, dealing with the creation of a section
of commerce, customs, and commercial statistics in that bureau; the eighth resolu-
tion, concerning commercial relations, and the tenth resolution, dealing with natural
74034— S. Doc. 744, 61-3 5 65
/66
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
resources, are matters which properly fall within the scope of the detailed report to
be presented by the Director of the Bureau to this conference, and on which his report
is awaited.
4. In accordance with the fourth resolution, recommending the appointment by
the various Governments of committees responsible to their respective ministers of
foreign affairs, for the purpose of promoting the ratification of the various conventions
and resolutions by their Governments, of collecting desirable information, and of
exercising such other functions as the respective appointing Governments may deem
proper, the Secretary of State of the United States, on February 21, 1908, appointed a
committee, the present membership of which is as follows:
Andrew Carnegie, Esq., delegate of the United States to the First International
Conference of American States.
The Hon. Stephen B. Elkins, a Senator.
The Hon. James B. McCreary, formerly a Senator.
The Hon. Charles B. Landis, formerly a Representative in Congress.
The Hon. James L. Slayden, a Representative in Congress.
The Hon. Robert Bacon, ambassador to France, formerly Secretary of State.
Maj. Gen. George W. Davis, United States Army, retired.
Dr. Benjamin Ide Wheeler, president of the University of California.
Dr. Edmund J. James, president of the University of Illinois.
Dr. L. S. Rowe, delegate of the United States to the Third International Conference
of American States.
Dr. Paul S. Reinsch, delegate of the United States to the Third International Con-
ference of American States.
William E. Curtis, Esq., formerly director of the International Bureau of the Ameri-
can Republics.
The Hon. John Barrett, director of the International Bureau of the American Repub-
lics^ formerly envoy extraordinary and minister plenipotentiary, delegate of the
United States to the Second International Conference of American States.
The Hon. Henry G. Davis, formerly a Senator, delegate of the United States to the
First and the Second International Conference of American States.
The Hon. Henry White, chairman of the delegation of the United States to the pres-
ent conference; formerly ambassador to France.
This committee promptly effected its organization, and has since held frequent
meetings in the city of Washington. It has put itself in communication with the com-
mittees appointed by other governments for the promotion of the common purposes
for which such committees were created, and has been helpful in securing the rati-
fication of the conventions to which the Government of the United States has given
its adherence as herein rejiorted.
The committee has had under consideration the question of uniformity of census
data, and has suggested that it would be advisable for all the countries of the Interna-
tional Union of American Republics to establish a periodical census of population,
and that this conference might well recommend for the purpose the appointment of
an international census committee, which should have as its aim the taking of a
census for all America in 1920.
The committee, furthermore, has furnished the Department of State with reports
on certain Pan American interests and relations and has supplied the Secretary of
State with data for his use in making suggestions, as a member of the governing board
of the International Bureau of the American Republics, for the program of the present
conference.
6. As recommended in the sixth resolution, which concerns public debts, the Gov-
ernment of the United States instructed its delegates to the Second Peace Conference
at The Hague to bring to the attention of that conference the question of the compul-
sory collection of public debts and pecuniary claims, and the conference adopted a
convention for the limitation of the employment of force for the recovery of contract
debts.
7. Oil the seventh resolution, which concerns the regulation of admission to the
practice of the liberal professions, the Government of the United States, on account
of the limitations imposed upon it by the Constitution, has not been able to take direct
action.
9. As to the ninth resolution, the object of which was to assure the periodical
assembling of the conference at short intervals, the Government of the United States
views with approval the method embodied in this resolution, whereby the governing
board of the International Bureau of the American Republics was authorized to
designate the place of meeting, and, subject to the conditions fixed by the conference,
the date thereof.
11. The Government of the United States has complied with the three recommenda-
tions contained in the eleventh resolution, which relates to sanitary police, ha\ing
been a signatory party to the convention of Washington, October 11, 1905, and since
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 67
that time having been represented at the sanitary conventions held in Mexico in 1907
and in Costa Rica in 1909. The United States, furthermore, has so perfected the sani-
tation of its ports that all are now free from plague and fever.
12. The report of the special Pan American Railway committee on the subject-
matter of the twelfth resolution, which concerns the Pan American Railway, is, by
direction of the Secretary of State of the United States, herewith submitted to the
honorable conference.
13. On the subject matter of the thirteenth resolation, no action has been taken by
the Government of the United States on account of the fact that the conference on the
coffee industry suggested by that resolution has not been convened.
14. In compliance with the fourteenth resolution, the Pan American committee of
the United States considered the problems of fluctuations in exchange and a repoi't
upon this subject was prepared under its direction.
Receive, Mr. President and honorable delegates, the assurances of our most dis-
tinguished consideration and highest respect.
Henry White.
E. H. Crowder.
Lewis Nixon.
J. B. Moore.
Bernard Moses.
L. C. Quintero.
Paul S. Reinsch.
David Kinley.
July 12. 1910.
REPORT OF THE ARGENTINE DELEGATION.
His Excellency the President of the FoWth International American Conference:
The delegation of the Argentine Republic to the Fourth International American
Conference has the honor to submit the following report regarding the action of the
Government of the Republic on the resolutions and conventions of the Third Con-
ference, held at Rio de Janerio in Jaly, 1906.
resolutions.
I. The Argentine representatives in the Second Peace Conference at The Hague
were authorized to adhere to the resolutions which might be adopted in the sense of
promoting the adoption of the principle of arbitration.
II. The Republic has organized the Pan-American committee to which resolution
IV of the Third Conference refers. To that end and by decree of June 30, 1909, it
organized said committee consisting of Drs. Mario Ruiz de los Llanos, Horacio Calderon,
and Jacinto Cardenas, in order that they might move the approval of the resolutions
adopted by the Third Conference and to furnish to the International Bureau of the
American Republics all data which it might need for the preparation of its labors.
III. The Argentine delegates to the Second Peace Conference at The Hague were
authorized to consider the question of the compulsory collection of public debts and
pecuniary claims, and they took part in the respective deliberations.
IV. In the report which the Argentine delegation presented to the Third Conference,
with respect to the part of the Republic in the construction of the Pan-American
Railroad, the following statement was made:
"That the extension to Quiaca of the railroad to Bolivia had already been con-
tracted for by the Argentine Government; and the studies made of the Bolivian
section, from La Quiaca to Tupiza, the completion of this section was indispensable
and of great advantage."
We have the satisfaction to state to the conference that the Government of the
Republic has entirely finished the portion allotted it in the railroad program, the
capital being connected with the northernmost boundary of the territory.
V. The Republic has likewise complied with the recommendation made to the
Governments that they should have prepared a study of the monetary system existing
in each of the Republics, specified in resolution XIV, sending to the Bureau of the
American Republics the respective data.
conventions.
Under date of May 16, 1907, the executive sent to the honorable congress a message
relating to the convention on international law, signed at the Third Conference on
August 23, 1906, requesting the approval of the following draft of a law:
"Article 1. Let the convention signed at Rio de Janeiro, on August 23, 1906, by
the delegates of the Argentine Republic and the other nations represented in the
68 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES,
Third International American Conference, for the constitution of an international
board of jurists, composed of one representative from each State, for the purpose of
preparing a draft of a code of private international law, which shall govern the relations
between the nations of America, and whose first meeting shall presently take place
at the city of Rio de Janeiro, be approved."
(The other articles are formal.)
This draft is still under consideration by the honorable congress.
VII. As far as concerns the other conventions concluded at the Third Conference,
they were sent to Congress under date of June 18, 1909, accompanied by the following
message :
" To the honorable Congress:
"The executive has the honor to submit to your honor the conventions which I
inclose in certified copy, and which were signed by your delegates at the Third Inter-
national American CorSerence convened at Rio de Janerio.
' ' They are :
"A convention fixing the status of naturalized citizens who again take up their
residence in the country of their origin;
"A convention on pecuniary claims; and
"A convention on patents, designs, and industrial models, trade-marks and literary
and artistic property.
"Another convention adopted by the same conference, and relating to the meeting
of a board of jurists charged with preparing the draft of codes of public and private
international law, was already submitted for your approval under date of May 16, 1907,
and since then has been pending your decision. The reason why that convention
was sent you separately and prior to the others was because of the speed with which
its fulfillment should have been accomplished in accordance with provisions, and
the end for which it was destined.
"The importance and propriety which these agreements have for the interests of
the Republic and for the greater progi'ess of its relations with the countries of America,
in consonance with the sentiments of fraternity which inspired said conference, will
not escape your eminent sagacity.
"Therefore, the executive refrains from entering upon considerations of this nature
and refers to the report and pertinent inclosures of our delegation, copy inclosed,
as well as to the other documents of the conference which the printed volume contains
therein published and which is also inclosed.
"In this sense, the executive asks of your honors that you may see fit to give your
approval to said convention in the form of a draft of a law which he sends herewith."
Of these conventions the one referring to the status of naturalized citizens who
again take up then- residence in the country of their origin and the one referring to
pecuniary claims have been approved by the chamber of deputies and await, in order
to become laws, the final approval of the senate.
So far as concerns the one relating to patents, trade-marks, and literary and artistic
property, its approval has not been thought urgent because this point has been in-
cluded in topic X of the program of the Fourth Conference.
We greet your excellency with our distinguished consideration.
Antonio Bermejo, President.
Eduaedo L. Bidau.
Manuel A. MoNTES DE Oca.
Epipanio Portela.
Carlos Rodriguez Larreta.
Carlos Salas.
Jose A. Terry.
Estanislao S. Zeballos.
REPORT OF THE DELEGATION OF BRAZIL.
His Excellency the President of the Fourth International American Conference, Buenos
Aires.
Your Excellency: The delegation of Brazil has the honor to present to theFourth
International American Conference the following report on the resolutions and con-
ventions adopted by the Third Conference convened at Rio de Janeiro in July and
August, 1906.
The following were approved by the National Congress of Brazil: The resolution
of August 23, 1906, on sanitary police (legislative decree No. 1864, January 9, 1908);
FOUKTH INTERNATIONAL CONFERENCE OP AMERICAN STATES. 69
the convention of August 13, 1906, "Fixing the status of naturalized citizens who
again take up their residence in the country of their origin " (legislative decree No.
2115, October 8, 1909); and the convention of August 23, 1906, "Recommending the
meeting of an international commission of jurists at Rio de Janeiro in 1907, for the
purpose of preparing a code of private international law and another of public inter-
national law which should govern the juriltic relations between the countries of
America." (Legislative decree No. 1834, of Decemebr 7, 1907.)
The meeting of the international commission of jurists covered by the convention
of August 23, 1906, was postponed until May 21, 1911.
There still await the approbation of the National Congress of Brazil: The resolution
of August 13, 1906, "Reorganization of the International Bureau of the American
Republics"; the resolution of August 13, 1906, "Establishing in the departments for
foreign affairs of the American countries special committees charged with the duty
of promoting the approval of the resolutions of the international American conferences' ' ;
the convention of August 13, 1906, "Pecuniary claims"; the resolution of August 22,
1906, "Practice of the liberal professions"; the convention of August 23, 1906, on
"Trade-marks and literary and artistic property"; the resolutions of August 23, 1906,
on "The Pan-American Railway"; and the resolution of August 23, 1906, "Urging the
Governments to hold an international American conference at the city of Sao Paulo,
Brazil, for the purpose of taking effective measures for the benefit of the coffee pro-
ducers. "
Concerning the matters relating to the resolutions of August 16 and 23, 1906 (Com-
mercial Relations, Monetary System, and Sections of Commerce, Customs and Sta-
tistics), the delegation of Brazil has the honor to present, as inclosures, for the con-
sideration of the Fourth International American Conference, the following data,
documents, reports, and publications:
I. Development of the railroad system in Brazil up to June 30, 1910 (inclosure
No. 1). »
II. General movement of the mails of Brazil (inclosure No. 2) with copies of the
postal regulations (inclosure No. 3).
III. Telegraph systems of Brazil (inclosure No. 4) with the schedule of the stations
of general delivery of telegrams (inclosure No. 5), and a graphic diagram of the receipts
and expenses, number of telegrams, number of words, and length of telegraph lines
(inclosure No. 6).
IV. La Politique Mon^tiare du Brazil (inclosure No. 7), the report of Dr. Juan
Pandia Calogeras; a study which the Third Conference in one of its resolutions
recommended to the Governments of the American countries.
V. Bulletin of commercial statistics of Brazil of 1908 and 1909 (inclosure No. 8).
The delegation of Brazil has the honor to renew to your excellency, Mr. President
of the Fourth International American Conference, the assurances of its most respectful
consideration,
DoMicio DA Gam A.
Gastao da Cunha.
Jose L. Almeida Nogueira.
Olavo Bilac.
Herculano de Freitas.
Buenos Aires, July 14, 1910.
REPORT OF THE DELEGATION OF CHILE.
Messrs. Delegates to the Fourth International American Conference:
Before entering upon a consideration of the matters relating to the fulfillment of
Article III of the program of this conference, the delegation of Chile regards it as
a primary and pleasing duty to renew to the Argentine Nation the testimonial already
rendered by the high public authorities of Chile of appreciation for the transcendent
fact in its patriotic annals which is commemorated in this present year.
The most important political event of the nineteenth century undoubtedly was
the emancipation of the American Continent, preceded, as it was, shortly before by
the rise of the great Republic of the United States of America, the example of which
was followed and its republican organization imitated by the nationalities estab-
lished in the remainder of America.
The second feature of the program under which the present Pan American Con-'
ference begins its work has to do with the idea of commemorating what might be
called the birth of the young American nationalities, by reason of the fact that this
year sees the advent of their first centenary of independent life.
70 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
Taking into consideration the circumstance that the celebration of an historical
fact of such culminating importance coincides with the meeting of this conference
in the capital of the Argentine Republic, the delegation of Chile proposes, as a means
of strengthening its recollection, the following resolution:
"That by joint effort of all the nations represented in this conference there be
erected in the city of Buenos Aires a Citable edifice for the permanent exhibition
of the products and manufactures of all of them under the name of Pan American
Exposition of Products."
In compliance with what is agreed upon in Article III of the program, the delega-
tion of Chile now proceeds to lay before the honorable assembly the views suggested
by the principal conventions and resolutions adopted in the Third International
American Conference at Rio Janeiro in the year 1906.
The conventions and resolutions of Rio Janeiro have been ratified by Chile.
The conference of Rio Janeiro recommended the establishment of special sections
dependent upon the minister of foreign affairs, and charged among other functions
with the duty of promoting the adoption of the agreements made in the Pan American
conferences. In compliance with this resolution, the Government of Chile, by
decree of December 31, 1906, appointed a committee composed of Messrs. Joaquin
Walker Martinez, Luis Antonio Vergara, Emilio Bello Codecido, Adolfo Guerrero,
Anselmo Hevia Riquelme, and Alejandro Alvarez.
On August 28, 1907, this committee issued a report on the conventions of the con-
ference in question and also on the resolutions which Avere of a nature to be sub-
mitted to the approval of the National Congress. In this report, which is appended
to the present treaties (Appendix A), these conventions are examined and the con-
clusion is reached that all of them should be approved by the legislative power, to
which also is recommended the approval of the resolutions concerning the treaty on
the exercise of the liberal professions concluded in Mexico, and the sanitary conven-
tion previously agreed upon in Washington.
The assent of both branches of the National Congress having been obtained, the
President of the Republic, in accordance with constitutional procedure, approved
those conventions on the following dates:
By law of June 17, 1909, the convention dealing with the exercise of the liberal
professions;
By law of June 28, 1909, the convention establishing the status of naturalized
citizens who again take up their residence in the country of their origin;
By law of the same date, the convention relating to pecuniary claims;
By law of July 2, 1909, the convention relating to patents and inventions, drawings
and industrial models, trade-marks, and literary and artistic property;
By law of July 3, 1909, the convention relating to a codification of international law;
By law of July 23, 1909, the sanitary convention;
This delegation is pleased to inform the representatives of the countries meeting
in this assembly that all the conventions which were made a subject of agreement
in the conference at Rio de Janeiro, have been made a part of the legislation of the
Republic of Chile.
CODIFICATION OP INTERNATIONAL LAW.
In the judgment of this delegation it is manifestly desirable that the convention
be put into practice which, provides for the creation of a commission of jurists, to be
composed of one representative from each of the signatory countries, which shall
prepare the plan of a code of public international law and of a code of private inter-
national law which may regulate the relations among the States of America. This
convention has been approved by a number of States sufficiently large to produce
results in accordance with article 3.
On the other hand, taking into consideration the importance of this subject, the
delegation deems it advisable to have the conference indicate the bases or general
lines along Avhich the international commission should proceed in the performance
of its duty.
We believe that the attention of the codifying commission ought to be centered
upon those matters on which the States of America have shown themselves to be in
agreement or on which the commission thinks that such agreement would not be
difficult to secure. The conventions signed in the previous conferences and the
results of the Congress of Private International Law held at Montevideo both furnish
useful antecedents in this respect. A similar basis is offered by the conventions and
resolutions of the Em-opean international congresses in which the States of America
have been represented or to which they have given their approval.
Outside of the commonly accepted division of international law into public and
private, a division which the aforesaid convention adopts in its provision for the
FOURTH INTEENATIONAL CONFERENCE OF AMERICAN STATES. 71
preparation of a plan of a code for each of these two branches, the delegation of Chile
believes that it would be unquestionably advantageous for the conference to arrange
for a separate code justified by the special character of the international questions
that affect the relations of the American Continent.
One very marked distinction in fact may be observed between international ques-
tions common to all civilized nations, which consequently possess a world application,
and those questions which are peculiar to this continent, either because they arise
in America alone or because they relate solely to the American countries.
To the diversity of problems arising out of conditions peculiar to each is due the
existence of this second group of relations of an American character, without implying
in general any antagonism between such relations and those which are common to all
nations or any opposition whatever to the growing solidarity of all the States.
In the work of codification it would be desirable to give especial attention to these
numerous questions of a purely American sort in order that they may be dealt with
suitably on our Continent, the particular reason being that since they have not arisen
in similar form in Europe they have not been considered by the publicists from that
point of view and accordingly have not been made the subject of conventions between
the States or of resolutions on the part of international congresses.
As examples of questions of that nature we might mention those which have to do
"with problems of immigration; the investment of European capital in America; con-
tracts for colonization; concessions of national property and public works, especially
to foreign syndicates; nationality; rights of foreigners; diplomatic claims, especially
pecuniary claims; civil wars and the many questions connected with them, such as
the recognition of belligerency, neutrality, the right of asylum ; the rights and duties
of adjoning states in areas claimed by two or more States that have not carried the
delimitation of their frontiers to that point; the responsibility of States in cases that
have not yet been taken sufficiently into consideration by international law, such as
the acts of nomad tribes or those done in regions which on account of their geographical
conditions lack properly constituted authorities; sovereignty over polar regions, etc.
Starting from the fundamental distinction that we have made, the delegation
submits to the conference the idea of recommending to the codifying commission
that, in addition to arranging the subject matter in accordance with the recognized
division into public international law and private international law, it divide its
work into the two groups, the one of world application and the other of American
application such as we have mentioned.
The subject matter having an American application would be made up into a
plan which, after ha^dng been brought to the knowledge of the several Governments
and having been examined by them could be presented with their respective observa-
tions for the approval of the next Pan-American conference, in accordance with
article 3, including articles 2 and 7 of the convention of Rio de Janeiro on international
law.
The subject matter having a universal character would be made up into a separate
plan that would follow a like course. But in view of the world importance of such
subject matter, it would be desirable to submit the aforesaid plan, in the name of
the American States that might have approved it. to the next Hague conference,
which probably will meet before the coming American conference. In this fashion
the American nations would make known to that congress their desire of arriving
at a more complete juristic regulation of international relations.
In conclusion, the delegation of Chile has the honor of submitting to the consideration
of the conference the following
PROPOSAL.
The Fourth International American Conference resolves:
To confirm the convention agreed upon at the third conference of Rio de Janeiro
relative to the codification of international law by means of a commission of jurists
and believes that in the performance of its duties it should arrange its work on the
following bases:
(a) In addition to keeping separate the usual di-visions of the subject into public
international law and private international law, it should also subdivide its work
into matters of universal application and of American application;
(6) The matters of American application would be made up into a plan which,
after having been brought to the knowledge and attention of the governments, could
be presented for the approval of the next Pan American conference in accordance
with Article III, paragraphs 2 and 7 of the convention of Rio de Janeiro;
(c) The matters of universal character would be made up into a separate project
that would follow a like course and it would be presented in the name of the American
States which might have approved it to the next conference at The Hague.
72 FOUKTH INTERNATIOIsTAL CONFERENCE OF AMERICAN STATES.
PECUNIARY CLAIMS.
Another of the conventions agreed to in Rio de Janeiro to which the delegation of
Chile desires to call the attention of the conference, is that which deals with pecuniary
claims. This subject, interesting in itself, is given a special place on the program, No.
11. This convention sets forth that the treaty on pecuniary claims, signed at Mexico
on January 30, 1902, is to remain in force, with exception of Article III, which is sup-
pressed, until December 31, 1912, for both the nations that have ratified it and for
those which may hereafter ratify it. In its first article that treaty of Mexico states
that the high contracting parties obligate themselves to submit to arbitration all
pecuniary claims that may be presented by their respective citizens and which can
not be settled amicably by the diplomatic medium, provided always that such claims
are of sufficient importance to warrant the expense of arbitration.
It is undoubtedly of great importance that the American States should duly regulate
this matter which has given rise to so many conflicts on the Continent and which
accordingly is of real American interest.
The text of the first article of the Mexican convention above mentioned indicates
the complex character of this subject. It comprises two principal points that may
be set forth in the following terms:
1. When has a State the right to make a claim in behalf of its citizens?
2. What means are offered for the settlement of the question?
The first point is by far the more important for the American States, understanding
as they have done the necessity for determining it, and in fact they have made several
conventions with European States or among themselves.
It is not surprising that the international American conferences should have dealt
especially with this matter. In its session of April 18, 1890, the first conference of
this sort meeting in Washington made, contrary to the vote of the United States and
with the abstention of Haiti, interesting declarations about the rights of foreigners.
The Second Pan American Conference similarly believed it desirable to deal with
this subject of the rights of foreigners. Taking as a basis a project presented by the
delegation of Chile, and one from the delegations of Colombia, Ecuador, Venezuela,
and the Central American Republics, the following convention was agreed to in
Mexico on January 29, 1902, by all the delegations with the exception of that of the
United States:
"Art. 1. Aliens shall enjoy all civil rights pertaining to citizens, and make use
thereof in the substance, form, or procedure, and in the recourses which result there-
from, under exactly the same terms as the said citizens, except as may be otherwise
provided by the constitution of each country.
"Art. 2. The States do not owe to, nor recognize in favor of, foreigners, any obliga-
tions or responsibilities other than those established by their constitutions and laws
in favor of their citizens.
"Therefore, the States are not responsible for damages sustained by aliens through
acts of rebels or individuals, and in general, for damages originating from fortuitous
causes of any kind, considering as such the acts of war, whether civil or national;
except in the case of failure on the part of the constituted authorities to comply with
their duties.
"Art. 3. Whenever an alien shall have claims or complaints of a ci\dl, criminal, or
administrative order against a State or its citizens, he shall present his claim to a
competent court of the country, and such claims shall not be made, through diplo-
matic channels, except in the cases where there shall have been, on the part of the
court, a manifest denial of justice, or unusual delay, or evident violation of the prin-
ciples of international law."
The delegation of Chile believes that it would be advantageous to have the con-
vention of Rio de Janeiro on pecuniary claims, which, as above mentioned, is to be in
force until December 31, 1912, renewed for an indefinite period; and believing that it
should be understood in accordance with the principles of international law sanc-
tioned in the convention approved at Mexico on the rights of aliens, would be gratified
also were this latter convention to be ratified by all the countries of America.
international bureau of AMERICAN REPUBLICS.
The last two conferences have given especial attention to the reorganization of the
Bureau of the American Republics, which was founded by a resolution of the First
Pan American Conference held in Washington.
In the conference of Mexico a resolution was approved in which was laid down a
plan of organization for the office on the fundamental basis of giving to it a truly inter-
national character. Accordingly it is stated in Article I :
"The International Bureau of the American Republics shall be under the manage-
ment of a governing board which shall consist of the Secretary of State of the United
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 73
States of America, who shall be its chairman, and the diplomatic representatives of
all the governments represented in the bureau, and accredited to the Government
of the United States of America."
One of the topics proposed in the program of the conference at Rio de Janeiro was
that of reorganizing the International Bureau of American Republics on a more per-
manent basis and of enlarging the sphere of its activity.
Following out these ideas, the conference at Rio approved an important resolution
in which are set forth with greater precision the functions intrusted to the bureau
and insured its duration for a period of 10 years, which may be continued indefinitely
by others of like length, and internal regulations were drawn up also for the manage-
ment of the office force.
The program of the fourth conference takes up similarly the study of the actual
organization of the bureau and of the recommendations relative to the extension of
the term of its operation and to the improvements which might be introduced in it.
On this point, availing ourselves of the same purposes that have inspired the agree-
ments of previous conferences, tending to give to the office of the Bureau of the Amer-
ican Republics all the necessary stimulus for the realization of the beneficent work
of drawmg the countries of America more closely together, we are of opinion that,
apart from the duties intrusted to it by those agreements, it ought to serve in general
as a bureau of information regarding the commercial relations of the Republics of
North, Central, and South America among themselves, so as to promote the inter-
change of their products and secure by these practical methods the creation of new
and permanent bonds of friendship.
As a corollary of this primary object, we believe that preferential attention should
be given to examining the question of the establishment of new means of communica-
tion among those countries, with the idea of making them easier, more rapid, regular,
and freq^uent, as well as to the assurance in a practical and effective form of lines of
international navigation which may befit these purposes on the basis of the lowest
freight charges for the products of international American interchange and of the
greatest rapidity in communication that may have as its object the stimulation and
development of commercial relations between two o^ more countries of the continent.
The delegation of Chile has observed with interest the establishment of the Inter-
national Bureau in its new and sumptuous building, the construction of which is due
in great part to the munificence of the American citizen, Mr. Andrew Carnegie, and
it approves with pleasure the proposed resolution to testify to the gratitude of the
American Republics.
COMMERCIAL RELATIONS.
Another of the resolutions adopted in Rio de Janeiro refers to the promotion of com-
mercial relations among the countries of the continent. On this point the program of
the fourth conference includes a study of the bases on which may be attained the
establishment of a more rapid service of communication by steamer for the carrying
of mail, passengers, and cargo among the American Republics.
Up to this time the Government of Chile has not been informed whether the Gov-
ernments represented at the fourth conference or the International Bureau of the
American Republics have made any progress in this matter or laid down the bases in
question.
Accordingly this delegation confines itself to the expression in general form of its
feeling in regard to this point on the program and to the declaration with the support
of certain facts which prove it that the Government of Chile is disposed to cooperate
in the improvement of maritime communication which may bind the Republic with
the countries of North, Central, and South America.
This delegation does not ignore or exclude in any way the valuable contingent
which the fleets of Europe bring to our means of transportation.
It understands, of course, the advantage of having the American countries provide
simultaneously with the fleets of Europe for the interchanges by sea that may concern
them by the natural means of theii* own merchant marine. And it thinks that this
program may be realized only if certain American countries, those to which nature
has given an extensive seacoast, give a vigorous impulse to the increase of their mer-
chant fleets.
Beyond doubt the opinion held by the people and the Government of Chile is that
our general destiny is bound to the increase of the national merchant marine.
For a number of years the Government has granted to Chilean maritime navigation
the open protection of no small subsidies.
By praiseworthy individual initiative there has been constituted a great navigation
enterprise,^ the South American Steamship Co., which plies along the entire west coast
of the Pacific as far as Panama, and which at one time carried the commercial flag of
Chile as far as San Francisco.
74 FOUKTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
Accordingly there harf been established in the country a commercial fleet, the
capacity of which in steam and sail, in vessels of more than a hundred tons, reached
in the biennial period, 1907-8, 156,316 tons (Lloyd's Register). The tonnage of the
United States in the same period was 4,511,928; of BrazG, 210,685; of the Argentine
Republic, 130,071; of Uruguay, 57,447; of Mexico, 31,046; and of Peru, 26,242. '
Chile is thus the third among the American powers which with their merchant flag
cross the seas extending from the United States to the Straits of Magellan.
The favor, however, that the public authorities have shown to national navigation
has appeared deficient; and at this present moment our congress is considering a bill
presented by the executive which proposes a series of systematic measures tending
forever to secure to the commercial marine of Chile a future of increasing prosperity.
According to the purposes which it has in mind, and according to its traditional
policy, the Government of Chile looks with favor upon such means as will extend the
radius of lines already established and make the transportation of passengers more
rapid and freight charges cheaper around the American Continent, and particularly
along the South Pacific coast.
The Third Pan American Conference, assembled in Rio de Janeiro, approved a
resolution drawn as follows:
"The Bureau of the American Republics shall be intrusted with the task of pre-
paring a plan which shall contain the definitive bases of the contract which may be
concluded with one or more steamship companies for the establishment of new lines
between the countries."
Chile would be greatly pleased if the means of transportation already established
on the initiative of its own citizens were to aid efficaciously in securing this contract,
and in promoting the progress of steam na^dgation among the countries of the New
World, as is desired in the agreement of the Third and in the program of the Fourth
Pan American Conferences.
CtJSTOMS REGULATIONS.
The conference at Rio de Janeiro intrusted to the Bureau of the American Repub-
lics a study of the customs legislation of the countries, in order to procure an agree-
ment upon uniformity in administrative procedure in America.
In the program of all the International American Conferences there is an article
dealing with the simplification and unification of customs procedure, the formalities
of which, when they are not confined to measures indispensable for safeguarding
legitimate collection of fiscal duties, constitute a serious obstacle to a commerce that
needs liberty and rapidity in its operations.
The formalities of customs procedure harmonize in general with the system of
administration peculiar to each country, and accordingly should be regarded as
belonging exclusively to its internal legislation.
Certain recommendations of a general character, however, could be made in an
international American conference with the object of incorporating them in the
legislation of the countries of this continent so as to produce, so far as possible, a unifi-
cation of customs formalities.
Preceding the preparation of such proposals a compilation should be made of the
laws and regiilations of each of the American Republics dealing with customs pro-
cedure, and the data thus brought together should be studied and compared by persons
possessed of technical or expert knowledge in these matters.
To this end, the conference of Mexico recommended the holding of a customs con-
gress composed of one or more delegates from each Government, who should be named
from among customs administrators and presidents or members of chambers of com-
merce. The customs congress met at New York in 1903, and, although made up of
persons specially fitted for the study of these subjects, was not in a position to make
detailed recommendations because of the lack of data and information furnished in
advance. It approved certain conclusions of a very general character (Appendix B),
almost all of which have been sanctioned in the 'legislation, regulations, or customs
practice of Chile, and insisted, furthermore, on the necessity and urgency of carrying
on the investigation indispensable to success in deliberations on customs matters in
the future international conferences.
Owing to the lack of preliminary investigation, the necessity for which had already
been strongly urged, the third international American conference found itself unable
to recommend the adoption of determinate measures which would serve to attain the
beneficent result for which efforts have so long been made and agreed to the estab-
lishment of a section of commerce, ciistoms, and statistics in the Bureau of the Amer-
ican Republics, which by means of a permanent and adequate organization could
make an investigation of the customs legislation and consular and statistical regula-
tions of the Republics of America and prepare a report on the matter which should
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 75
be presented in advance to the Governments of the countries represented in these
conferences.
The conference of Mexico recommended to the customs congi-ess an investigation of
the means that might be adequate to establish in the Republics of America a common
nomenclature of products and commodities, in Spanish, English, Portuguese, and
French, which should be destined to serve as a basis for commercial statistics and to be
adopted in the schedules, tariffs, and other customs laws of the American Republics.
And in order to make the investigation which was to be carried on by the customs
congress useful and complete it recommended to each of the GoA'ernments of the
Republics of America that the higher administrative officials of customs examine the
nomenclature or vocabulary made up by the International Bureau of the said Repub-
lics, so that they might have in mind the remarks or corrections which the examina-
tion of the vocabulary might suggest to them.
In the judgment of the delegation of Chile it would be desirable for the international
American conference assembled at this capital to insist upon the importance of the
aforementioned work of investigation and to determine the proper means for realizing
the aspu-ations iterated with so much regularity by former conferences, namely, that
of rendering uniform the nomenclature of commodities, the basis of commercial sta-
tistics, and the customs procedure in the Republics of the continent.
PAN AMERICAN RAILWAY.
The idea suggested by the previous Pan American conferences of binding the various
Republics of the continent by rail was the subject of an interesting resolution adopted
in the last conference at Rio de Janeiro. That resolution, among other things,
provided —
''That, with the object of contributing within the shortest possible time to the ter-
mination of the Pan American Railway, each Republic, when giving its support to
the constructions of lines destined to serve local interests, should follow, as far aa
Ijossible, the intercontinental route," and the able report presented to that conference
by the Hon. H. G. Davis, president of the permanent Pan American Railway commit-
tee, in alluding to the part that concerns Chile in the realization of that Mea, men-
tions, as projects conducing to the end in view, that of prolonging northward the
longitudinal system of the Republic, that of constructing an inter-Andine line from
Arica to La Paz and another of like nature so as to join Valparaiso with Buenos Aires,
the execution of this latter project being, in the words of the Hon. Mr. Davis, "the
end of a truly gigantic work desired for more than a half century."
It is particularly pleasing for the delegation of Chile to state that the recommendation
of the conference of Rio de Janeiro has been taken by the Government of the Republic
under special consideration, and that so far as Chile is concerned with this great pro-
posal of the previous conferences the work may be regarded as finished.
In the message read by His Excellency the President of the Republic at the open-
ing session of the National Congress on the 1st of last July is found the following
declaration :
"Between the cities of Puerto Montt and Tacna, which are 3,439 kilometers apart,
1,795 kilometers have been united by railroad and 1,436 have been contracted for and
are now under construction. Only the section between Zapiga and Arica, which
comprises 210 kilometers, needs to be contracted for so that Tacna and Puerto Montt
may be united. Within four years the city of Puerto Montt will be in communication
by rail with the city of Pisagua."
It is equally pleasing for this delegation to state that since the line from Arica to
La Paz has been contracted for the work of construction is in active operation and that
within two years the capital of Bolivia will be joined to the port of Arica. This rail-
way will connect with the interior lines of Bolivia east and south, and will thus form
part of the Pan American system.
Last April the Governments oi the Argentine Republic and of Chile officially inau-
gurated the railway that joins Buenos Aires with Valparaiso, thus realizing within the
time desired the hope expressed in the report of the Hon. Mr. Davis.
It ought to be added also that both Governments, inspired with the desire of serving
the interests of the two Republics, are promoting the construction of other lines which,
aside from the one inaugurated in April, will put the coasts of the Atlantic and of the
Pacific into communication.
In this regard, the Government of Chile has furthered the construction of the Trans-
Andine line via Antuco to which it has granted a fiscal subsidy of £200,000 and a like
stimulant is being given to the line called Pirihuaico. Both lines, situated more to
the southward than that of Juncal, recently opened to traffic, are intended to cross
76 FOURTH INTERNATIOISrAL CONFERENCE OF AMERICAN STATES.
the Andes by more accessible passes and will supply the means for profitable com-
mercial interchange.
So as to know the details bearing upon the succinct statement preceding, the follow-
ing appendices are added which are deposited in the Secretariat:
(C) Map that shows the course of the Chilean Longitudinal Railway in connection
with the Pan American system, and of the Trans-Andine lines from Arica to La Paz
and from Valparaiso to Buenos Aires.
(D) Text of the law authorizing the construction of the Longitudinal and the
respective contracts.
(E) Treatise presented to the First Pan American Scientific Congress, assembled
at Santiago in January, 1909, and prepared by the Chilean engineer, Mr. Santiago
Marin Vicuna "Regarding the Railways of Chile."
Manuel Cruchaga.
Anibal Cruz.
Emilo Bello.
B. Mathieu.
Alejandro Alvarez.
Buenos Aires, July 10, 1910.
REPORT OF THE DELEGATION OF COLOMBIA.
The undersigned, delegate of the Government of Colombia, has the honor to inform
the president of the third committee that the Government of Colombia ratified the
following conventions celebrated at the Third International American Conference
of Rio de Janeiro: Pecuniary claims, ratified August 29, 1908; commission of jurists,
ratified March 10, 1907; citizenship and naturalization, ratified August 29. 1908.
R. Ancizar.
Buenos Aires, July 22, 1910.
REPORT OF THE DELEGATION OF COSTA RICA.
Mr. Secretary General:
In compliance with the requirements of Article III of the program of the Fourth
International Conference, I have the honor to inform the Conference, on behalf of the
Government of Costa Rica, concerning the matters to which it relates.
By a duly authorized decree, dated October 26, 1908, the constitutional congress of
the Republic approved the conventions signed at the Third International American
Conference, which met at Rio de Janeiro in July, 1906.
In the spirit of those conventions, the Government of Costa Rica has taken cogni-
zance of all the acts having a bearing upon them.
As yet the Pan American committee, to which the respective resolution of the
Third International Conference refers, has not been appointed.
A section of the ministry of foreign relations has prepared to deal with these matters
and therefore the necessity for constituting such committee has not been felt up to
this time.
In matters of customs and commercial statistics, we have in force smoothly
running regulations which simplify the operations of warehouse removals and fix the
various duties and processes for the entry, dispatch and clearance of various kinds of
vessels and merchandise. I venture to append a copy of those regulations. The
laws of Costa Rica make obligatory the use of manifests and consular invoices in
harmony with the resolutions adopted in the previous international conferences.
I deem any measure most useful which will tend to render the procediu"e in such
matters uniform among the countries of commerce, since it will do much to extend
reciprocal trade.
Costa Rica is guided in the matter of sanitary police by the international conven-
tion of Washington. It has put its precepts into practice, and is engaged actively in
adopting every means for assuring the sanitation of its cities, and particularly of
its ports.
We are gratified to be able to say that in our Atlantic and Pacific ports there has not
arisen in many years a single case of plague or yellow fever.
In a cablegram that I have just received, statements in the press concerning the
recent appearance of this latter disease in the Republic have been denied by the
Government.
As to marine sanitation, the greatest possible \T.gilance is observed.
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 77
The international sanitary commission, the medium of information for the American
Reptiblics, as established by the Third Pan-American Conference, is in full operation.
In December of last year the third international sanitary conference met at San
Jos6, Costa Rica, and agreed upon certain measures of great importance in public
hygiene. I have the pleasure to append a copy of these measures as published in
the Official Gazette.
My Government has continued to give attention to the construction of the Inter-
continental Railway, ■with a view to increasing the lines which are to unite Costa Rica
with the two countries adjoining on the north and south, since it presumes that, should
the route planned be not exactly followed, the Pan-American Railroad will be carried
on by the union of the sections in the various States.
In that sense Costa Rica has advanced considerably, and the portion of the railway
to the Pacific that remains to complete the Interoceanic Railway, will shortly be fin-
ished. This will cause the section in question to be utilized as a part of the Pan
American, by extending the branch from Punta Arenas to the north as far as the fron-
tier of Nicaragua, or the other route will be adopted whenever the Guapiles Railroad
is constructed on the Atlantic side as far as the eastern boundary of the country last
named. The line from Limon to the boundary of Panama is progressing rapidly.
When this subdivision is taken up especially, I shall have the honor to present a
complete report on the railroads existing in the country, with precise mention of the
sections that remain to be constructed and of their possible cost and completion.
In Costa Rica there is a law covering the property rights in mercantile and industrial
inventions and a regulation for the registration of trade-marks, dated September 11,
1896. The law fixes the term of 20 years as the duration of the right to the use of an
invention.
The convention of Rio de Janeiro in part changes legal principles, but as it has not
been possible to carry these provisions into effect in the majority of our countries, we
have not tried to harmonize our laws with the conventions.
On account of its great importance at present, this is a matter that demands especial
study for the purpose of reaching conclusions equitable to all the nations.
Costa Rica has not had any diplomatic claim for damages and injuries caused to
foreign citizens or corporations, and it is to be hoped that it never will haA^e any. For
this reason there has been no necessity of adhering to the treaties on pecuniary claims
signed in Mexico in 1902 and extended in Rio de Janeiro in 1906 . In any event we con-
sider its extension very proper, but it would be necessary to make express mention
in the new convention of the principle accepted at the Second Conference, and regard-
ing the rights of foreigners, to the effect that resort shall not be had to the arbitral
claims tribunal unless all the judicial remedies of the country against which the claim
is made shall first have been exhausted and that there shall have been on the part of
the courts a manifest denial of justice or an abnormal delay or an evident violation of
the principles of international law.
It is a matter of respect due to the institutions and to the administration of justice
in our countries, and it is an equitable measiu-e as well, not to place the foreigner on
a better footing than that vouchsafed our own citizens by creating a special jurisdic-
tion for his claims.
I believe that I have reported upon the principal questions proposed, and I have
the honor, your excellency, to submit myself with the assurance of my most distin-
guished consideration.
Alfredo Volio.
Buenos Aires, July 16, 1910.
REPORT OF THE DELEGATION OF THE REPUBLIC OF CUBA.
Mr. President: In accordance with the provisions of the third topic of the program
of the Fourth International Conference of the American Republics, the Cuban dele-
gation, undersigned, have the honor to submit the following memorandum relative
to the action of the Government of the Republic upon the resolutions and conventions
of the third conference held at Rio de Janeiro in July, 1906.
Four conventions were signed as follows:
1. Fixing the status of naturalized citizens who again take up their residence in the
country of origin.
2. Pecuniary claims.
3. Patents of invention, designs, and industrial models, trade-marks, and literary
and artistic property.
4. The codification of international law.
78 FOURTH INTERNATIONAL. CONFERENCE OF AMERICAN STATES.
The first has not yet been ratified, because its text was in contradiction, in the
judgment of our Government, with the provisions of the Constitution.
The convention signed August 13, 1906, provides as follows:
"Art. I. If a naturalized citizen, a native of any of the countries signing the present
convention, and naturalized in another, shall again take up his residence in his native
country without the intention of returning to the country in which he has been
naturalized, he will be considered as having reassumed his original citizenship, and
as having renounced the citizenship acquired by the said naturalization."
This article comprises not only the citizen already naturalized, but also those who
may become naturalized subsequently.
' ' Art. II . The intention not to return will be presumed to exist when the naturalized
person shall have resided in his native country for more than two years. But this
presumption may be destroyed by evidence to the contrary."
Article VII of the constitution of the Republic of Cuba provides:
"Cuban nationality is lost:
*******
"4. In cases of naturalized Cubans, by their residence for five years continuously
in the country of origin, except when serving an office of fulfilling a commission of the
Government of the Republic."
The Cuban delegation, as well as others, commented in the sixth committee of the
conference at Rio, which had this matter in charge, upon the shortness of the time;
that is, the period of two years. But, such term having already been set as a prece-
dent in several treaties with the United States, and with other powers, the third con-
ference adopted it in the final convention.
The Government of Cuba understood that Article VII, clause 4, of the constitution,
already cited, precludes the ratification of said convention, being in conflict with
Article II thereof, and therefore it refrained from recommending its ratification.
The second of the conventions signed at Rio de Janeiro declares in force until
December 31, 1912, the treaty upon Pecuniary Claims, signed at Mexico January 30,
1902, both for the nations which had already agreed to it, as well as for those which
might ratify it thereafter, abolishing Article III, which declared that said convention
was obligatory only on the States which might have subscribed the convention for
the pacific settlement of international disputes signed at the Hague in 1899, and for
those States which should ratify the protocol adopted at the said second conference
by the countries there represented upon adhesion to the conventions of the Hague.
This convention was signed at Rio de Janeiro August 13, 1906, and was approved by
the Government of Cuba March 17, 1908.
The third convention signed at Rio de Janeiro relates to patents of invention,
drawings, and industrial models, trade-marks, and literary and artistic property, and
was concluded August 23, 1906.
The signatory nations of this convention adopted the treaties signed at the Second
International Conference at Mexico, January 27, 1902, with the modifications set forth
in the later convention.
The Republic of Cuba, on January 10, 1906, adhered to the treaty on patents of
invention, drawings and industrial models, and trade-marks, signed at Mexico during
the second conference, but has not yet adhered to the convention on literary and artis-
tic property, signed on the same date, because the said treaty (of Rio) declares by
Article I that the signatory nations adopt, spontaneously, the two treaties of Mexico
before mentioned, both relating to patents and trade-marks and the one relating to
literary and artistic property, and Cuba had already adhered to the former. It has not
been able, therefore, to recommend the adoption of the aforesaid convention of Rio
de Janeiro.
The fourth convention, signed at Rio de Janeiro on August 23. 1906, provides for the
appointment of an international commission of jurists, composed of one representative
from each of the signatory States, selected by their respective Governments. This
commission was to be organized for the preparation of a draft of a code of private
international law and one of public international law which should regulate the rela-
tions between the nations of America. The Republic of Cuba has not as yet ratified
this convention.
Besides the aforesaid conventions, the conference at Rio de Janeiro adopted the
following resolutions: Arbitration; the reorganization of the International Bureau of the
American Republics ; building for the International Bureau of the American Rep\iblics ;
special divisions in the International Bureau; section of commerce, customs, and sta-
tistics; liberal professions; public debts; sanitary police; intercontinental railway;
commercial relations; future conferences; monetary system; natural resources; coffee
conference.
FOUETH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 79
REORGANIZATION OF THE INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS AND
CONSTRUCTION OF THE NEW BUILDING FOR THE BUREAU.
The Government of Cuba has contributed with its quota to the construction of the
above-mentioned building, and has also accepted the increase plan for the support
of said bureau, beginning July 1, 1908, to satisfy the new amount.
ARBITRATION.
In accordance with the resolution of the conference of Rio de Janeiro relative to
this important subject, Cuba gave appropriate instructions to its delegates to the
Second Conference at The Hague.
PUBLIC DEBTS.
Likewise, the instructions suggested by the Third Pan-American Conference at Rio
de Janeiro concerning this subject were given to said delegates to the Second Hague
Conference.
COMMERCIAL RELATIONS.
The recommendations which are referred to the Governments by this resolution are:
1. That agreements be promoted between the signatory governments to stimulate
as much' as possible rapid railway communications, steamship and telegraph lines,
and post conventions for the carriage of samples.
2. That good connections be made for railway and telegraphic lines.
3. That goods in transit over the routes of communication in any country shall pay
only for the services rendered by the adequate installations of the ports and roads
passed over, on the same scale as such services are paid for by goods destined for the
consumption of the country over whose territory the transit is effected.
The Government of the Republic of Cuba has taken under consideration these
recommendations and will receive with special satisfaction any agreements which
may be proposed to it in that sense. As to the subjects mentioned in the second and
third paragraphs above, it is a pleasure to us to make known that the laws and regu-
lations in force concerning railways, telegraphs, and merchandise in transit, are in
harmony with said recommendations.
LIBERAL PROFESSIONS.
The resolution of the conference at Rio de Janeiro, relative to this matter, confines
itself to confirming integrally the treaty upon the practice of the liberal professions,
signed on January 28, 1902, by the Second Conference held in Mexico and to recom-
mending its adoption and ratification.
The Government of Cuba has not adhered to said treaty, it being incompatible in
some of its provisions with existing legislation on the subject, which has not yet been
amended, the adoption of the aforesaid convention being now looked into by the
educational boards.
SANITARY POLICE.
The Republic of Cuba adhered to the sanitary convention of Washington, and sent
delegates to the Third Sanitary Conference held in Mexico, December, 1907, and to
that of San Jos6, Costa Rica, of 1909. Cuba has complied, therefore, as far as it is
concerned, with the recommendations of this resolution.
PAN AMERICAN RAILWAY.
The Republic of Cuba having no direct and immediate interest in the construction
of this important line, it is not incumbent upon it to take any action upon this subject.
MEETING OF THE FOURTH PAN AMERICAN CONFERENCE.
The governing board of the International Bureau of the American Republics, having
been authorized to designate the place of meeting for the Fourth International Amer-
ican Conference, selected, in January, 1908, the city of Buenos Aires. The Govern-
ment of Cuba hastened to express its acquiescence, appointed as representatives the
undersigned delegates.
80 FOURTH IXTERXATIOXAL COXFERENCE OF AMEEICAX STATES.
COFFEE PRODUCTION.
The resolution of the Rio de Janeiro conference concerning this interesting branch
of the resources of several nations represented therein, recommended to the respective
Governments the holding of an international American conference to adopt eflBcacious
measures for the benefit of coffee products, designating the city of Sao Paulo, in the
United States of Brazil, for the meeting of the conference. The Government of Cuba
has been and is disposed to consider with special interest the advisability of being
represented in said conference, if such conference be deemed necessary by the Gov-
ernments most directly interested in this subject.
MONETARY SYSTEMS.
The resolution on this subject recommends the preparation of detailed reports upcn
the monetary systems and their history of the several nations represented in the con-
ference, and upon the fluctuations of the type of exchange in the past 20 years, as
well as the preparation of tables showing the influence of said fluctuations on com-
merce and industrial development; said reports to be forwarded to the International
Bureau of the American Republics for the preparation of a resume, and for publica-
tion and distribution among the several Governments at least six months before the
meeting of the present conference.
The department of state of the Republic of Cuba, opportunely acquainted the
department of the treasury with this resolution in order that it might begin the prepa-
ration of this material, but it could not be prepared by the date indicated. It will
however be transmitted to the International Bureau of the American Republics for
the ultimate action contemplated.
PAN AMERICAN COMMITTEE.
In accordance with the respective resolution, the Government of the Republic of
Cuba appointed the following committees by decree dated July 20, 1908: Dr. Leopoldo
Berriel, lawyer and rector of the University of Habana; Dr. Leopoldo Cancio, lawyer
and professor of the University of Havana; Dr. Jose; Lorenzo Castellanos, lawyer, ex-
representative and ex-secretary of the President; Dr. Mario Garria Kholy, lawyer,
member of the advisory board, at present secretary of public instruction; Gen. Carlos
Garcia Velez, formerlj^ envoy extraordinary and minister plenipotentiary of Cuba
in Mexico and in Washington, and at present appointed in like capacity to the Argen-
tine Republic; Dr. Jose Antonio Gonzales Lanuza, lawyer, professor of the University
of Havana, and formerly delegate of Cuba to the Third International American Con-
ference; Licenciado Rafael Montoro, lawyer, envoy extraordinary and minister pleni-
potentiary at London, member of the advisory board, and delegate to the Third
International American Conference; Dr. Erasmo Regueiferos, lawyer, and member
of the advisoiy board; Dr. Antonio Sanchez de Bustamante, lawj^er, senator, professor
of the University/ of Havana, and delegate to the Second International Peace Confer--
ence at The Hague; Dr. Manuel Sanguilly, lawyer, senator, and delegate t(; the Second
International Peace Conference at The Hague — at present secretary of state of the
Republic; Senor Manuel Marques Stu'ling, ex-charge d'affaires in the Ai-gentine Re-
public and at present minister to Brazil; and Dr. Fernando Sanchez de Fuentes y
Pelaez, lawyer, professor of the University of Havana, secretary of the delegation to
the Second Peace Conference at The Hague.
We reiterate to your excellency the assm-ance of our most distinguished considera-
tion.
Carlos GarcIa Velez.
Rafael Montoro.
GONZALO de QuESADA.
Antonio Gonzalo Perez.
Jose M. Caebonell,
Buenos Aires, July 14, 1910.
REPORT OF THE DELEGATION OF THE DOMINICAN REPUBLIC.
Mr. President: In pursuance of Article III of the program of the Fourth Inter-
national American Conference, of which you are the worthy president, I have the
honor to inform your excellency concerning the execution on the part of the Govern-
ment of the Dominican Republic of the resolutions and conventions of the Third
International American Conference held at Rio de Janeiro in July, 1906.
POUKTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 81
Jfbji. In pursuance of the recommendation contained in the resolution of the Third
Conference of Rio de Janeiro, dated August 22, 1906, the Dominican Republic an-
nounced through its delegate to the Second International Peace Conference at The
Hague, at the session of October 16, 1907, to be in favor of the proposition made by the
delegation of the United States of America, with an amendment to the effect that arbi-
tration should be obligatory and reciprocal, in which there should be embraced every
claim of a pecuniary nature, including those for damages and injuries, and that the
judgment should be rendered in accordance with justice instead of equity.
2. In accordance with the resolution of the Third Conference, above referred to of
August 7, 1906, the Dominican Government gave to the delegates it sent to the Second
Peace Conference at The Hague, instructions looking to the rendering the principle
of arbitration practical, who were the only ones to assert themselves m favor of the
principle of obligatory arbitration without reserve. Such is the faith that the Domini-
can Republic has in the efficacy of justice as a fundamental principle.
3. In fulfillment of the convention concluded at the third conference of Rio de
Janeiro on August 23, 1906, and relating to the meeting in that city of an international
commission of jurists charged with drafting a project of code of public international
law and one of private international law which should govern the relations between
the nations of America, the undersigned has had the honor to have been designated
by the Dominican Government on March 12, 1909, to represent the Dominican Repub-
lic on said commission.
4. Also, and by decree of January 21, 1910, the Pan American committee has been
organized to which the resolution of the third conference of Rio de Janeiro of August
13, 1906, refers. Said committee is composed of seven members, and in addition to
the duties imposed by -the Rio resolution, it has that of furthering the approval of the
conventions and other agreements signed by the Dominican Republic at the Second
International Peace Conference at The Hague.
5. The other conventions and resolutions are still awaiting approval, and no doubt
they will be approved before the end of the present year. This circumstance pre-
vented the Dominican Republic from participating in the Fourth International
Conference of San Jose, Costa Rica.
I avail myself of this opportunity to assure your excellency of my most distinguished
consideration.
Buenos Aires, July 22, 1910.
Amerigo Lugo.
To His Excellency Antonio Bermejo,
President of the Fourth International American Conference, Buenos Aires.
REPORT OF THE DELEGATION OF ECUADOR.
Buenos Aires, July 25, 1910.
Mr. Secretary op the Third Committee: For my part, with reference to Chap-
ter III of the present international conference, my report is limited to stating that
the resolutions and conventions of the third conference were approved by the legis-
lature of Ecuador in November, 1909. As to the action of the Government in puttmg
them in force, it seems that no special executive decree has yet been issued, inasmuch
as, without doubt, conventions constitutionally approved are laws of the Republic
and will not for that reason fail to be observed.
With assurances of my distinguished consideration, I am, Mr. Secretary,
Your obedient servant,
Alejandro Cardenas.
REPORT OF THE DELEGATION OP GUATEMALA.
Mr. President and Delegates to the Fourth International Pan-American Conference:
In accordance with the provisions of Article III of the program, the delegation of
Guatemala has the honor to submit for your distinguished consideration a succiact
report concerning the action its Government has taken with respect to the resolutions
and conventions of the third conference held at Rio de Janeiro in July, 1906.
The convention that fixes the status of (naturalized) citizens who again take up
their residence in the country of their origin, was ratified by Guatemala, April 20,
1907, and Guatemala had the satisfaction of being the first of the American nations
to do so.
74034— S. Doc. 744, 61-3 6
82 FOURTH INTERNATIONAL. CONFERENCE OF AMERICAN STATES.
The convention on pecuniary claims was also ratified on April 20, 1907, it being
proper to note that Guatemala had, in due course, ratified the treaty of Mexico, to
which this convention refers.
On April 19, 1907, Guatemala ratified the convention on international law, having
named in due time the person who should represent her on the international com-
mission of jurists created by Article I of said instrument.
The convention on patents, designs, and industrial models and trade-marks, and
commercial, literary, and artistic property was ratified on April 19, 1907, the four
conventions mentioned above being ratified anew on February 15, 1909.
In order to properly fulfill the resolutions adopted at the third conference, the
Government of Guatemala has taken all the necessary steps, as we shall endeavor to
show, enumerating the principal ones.
As it has not yet been possible to create a special Pan American section in the
ministry for foreign affairs, what refers to this important matter is at present treated
in one of the bureaus which form part of the department above mentioned.
For the erection of the building of the International Bureau of the American
Republics in Washington our Government gladly contributed its quota.
Few questions occupy the attention of the Guatemalan authorities more or with
greater reason than the maintenance and regulation of an efficacious sanitary police,
which at the same time that it protects the nations who maintain commercial rela-
tions with us, assures the health and welfare of the inhabitants. With this end in
view we were not only among the first to adhere to the International Sanitary Con-
vention of Washington and to send our representatives to the congresses that were
held in Mexico in 1907 and in Costa Rica in 1909, approving the resolutions adopted
by these learned assemblies, but the following measures tending to the same end
have been taken: The sanitation of the Guatemalan-Atlantic coast, especially Puerto
Barrios, undertaken and carried out by the railroad company of Guatemala; the
creation of a special board of health provided with all kinds of supplies, for the pur-
pose of seconding and maintaining the works carried on in said zone; the issuance
of a sanitary code, the strict enforcement whereof is intrusted to a technical board
of public health and hygiene, the members of which are invested with authority;
the establishment of an institution of animal vaccine, and of a Pasteur institute, and
several other foundations of a philanthropic character, which, like the "Gota de
Leche" and the "Home for the Aged and Convalescent," are destined to better the
general hygienic conditions, and especially those of the coasts.
The efficacy of the measures enumerated is evidenced by the fact that in the
Republic of Guatemala not a single case of yellow fever has appeared since 1906.
Coffee being the principal product of export of Guatemala and many other countries
of America, our Government would view with very special pleasure if the meeting
could be effected of the international American conference relating to this matter,
to which the respective resolution refers, which was approved by the conference of
Rio de Janeiro and proposed by the Guatemalan delegate to that assembly.
Without prejudice of making a detailed report to the Pan Amerian Railway com-
mittee concerning the development and increase of the railroad lines which have
been constructed in Guatemala during the last decade, it is very pleasing to this
delegation to tell you in accordance with the contracts entered into with the Central
Railway Co., on the one hand, and with the Guatemala Railway Co., on the other,
within two years Guatemala will have completed its portion of the railroad, uniting
it by rail with the bordering Republics of Mexico and Salvador. In order to connect
with the railroad systems of the first of said nations, we only lack 25 miles, which will
be completed about the beginning of next year.
It is an honor for the delegation of Guatemala to offer to the president and dele-
gates the assurance of their highest and most distinguished consideration.
Luis Toledo Herrarte,
For the Delegation of Guatemala .
REPORT OF THE DELEGATION OF HONDURAS.
In compliance with Article III of the program approved by the governing board
of the International Union of the American Republics, I have the honor to inform
the Fourth Pan-American Conference that Honduras has approved the conventions
and resolutions of the Third Conference and has endeavored to carry out its recom-
mendations.
Our commercial relations with the other nations of America continue to improve
from day to day, thanks to the efficient protection given by my Government to all
enterprises that tend to draw closer together the countries of the continent, either by
FOURTH INTERNATIOlSrAL CONPERElSrCE OF AMERICAN STATES. 83
granting them subventions or franchises and concessions which contribute to their
support.
The Government of Honduras has given especial attention to the question of sani-
tation, and I am pleased to state that it was not only represented in the sanitary
cono;resses held in the capitals of Mexico and Honduras, but that, assisted by the
Sanitary Board of New Orleans and by the Vaccination Institute of San Salvador,
it has prevented the spread of yellow fever and of smallpox which, in an epidemic
character, invaded the country from the western frontier.
No work has been completed concerning railroad lines that could be utilized for
the Pan-American Railway, because the small lines that are in operation, or under
construction, are all on the Atlantic side; but the Government is disposed to grant
concessions and franchises to facilitate the construction of these lines on the Pacific
coast, and I have no doubt that requests will be made it to this end by the Salva-
doran railroads now approaching the frontier of Honduras.
My Government, which faithfully observes the pacts signed by its delegates, will
do all in its power to carry out the provisions which proceed from this conference,
because it is convinced that said provisions all tend to the improvement of the con-
ditions of life of the great American family.
Luis Lazo A.,
Delegate for Honduras.
Buenos Aires, July 16, 1910.
REPORT OF THE DELEGATION OF MEXICO.
At the Third International American Conference 4 conventions and 14 resolutions
were signed.
The Government of the United Mexican States has decreed that, in so far as possible
within the limits of the constitutional institutions of the country, the measures necessary
in order that said pacts — some of them real treaties and others conventions ad-referen-
dum — should have full force and effect; and if for any reason it has not been possible
to put them in force the Government itself has joined in the celebration of special
treaties with one or more of the American nations, so as to make effective in this
manner the fundamental principles by which the three former conferences and the
present one have been inspired.
Conventions.
naturalization — pecuniary claims.
The conventions on naturalization and claims for injuries and pecuniary damages
have been approved by the senate, notwithstanding that, regarding the first, the
promulgation of the decree relating thereto has remained pending, since it was thought
proper to await the result of the general revision which it is proposed to bring about
by Mexican legislation concerning naturalization and the rights of foreigners.
conrpicATioN.
As to the codification of international American law, Mexico appointed in due
course its representative to form part of the commission of jurists which ia to study
the projects of future codes, but the meeting of this commission, as is known, has
been postponed to a future date.
PATENTS — ^TRADE-MARKS — INDUSTRIAL PROPERTY.
The conventions on artistic and literary property, and on patents of invention,
drawings, industrial models, and trade-marks, were limited to the adoption, with
some modification, of the treaties signed ad referendum at the Second Conference
on January 27, 1902, for which reason the Government of the United Mexican States
has not been able to enact any measure relating to the same, inasmuch as it did
not approve the aforesaid treaties of 1902.
Resolutions.
arbitration.
Mexico has always been and is now in favor of arbitration, believing that same,
though different from any other recourse, pacific or violent, is the only one that
strictly combines juristic principles in the settlement of international disputes.
84 FOURTH INTERNATIONAXi CONFERENCE OF AMERICAN STATES.
The resolution on this subject, signed in Rio de Janeiro August 7, 1906, was limited
to the ratification of the principle of arbitration, and to recommending that in the
Second Conference of The Hague, then about to convene, a general convention-
should be adopted which would be accepted and enforced by all the nations.
As in said peace conference only the recommendation was made, without con-
cluding a treaty, the United Mexican States have resorted to the celebration of special
conventions, and in this sense have concluded recently a general treaty of arbitra-
tion with the United States of America.
On the other hand, and even though the necessary requisites for placing it in full
effect were not complied with by the signatory nations, the arbitration celebrated
at the Second International American Conference was approved by the Senate of
the United Mexican States.
REORGANIZATION OF THE BUREAU OP AMERICAN REPUBLICS.
The resolution of the Third Conference concerning the reorganization of the Inter-
national Bureau of the American Republics in Washington is very interesting.
Experience has proved the difficulty in arriving at an effective and sudden agree-
ment among the American nations to put in force the conventions and resolutions
of former assemblies.
Up to within a few months, for example, the convention of August 13, 1906, con-
cluded between 19 nations in Rio de Janeiro, on a subject as important as that of
extending to December 31, 1912, with the exception of article 3, the period of duration
of the treaty which was signed at the second conference on January 30, 1902, on
claims for injuries and pecuniary damages, had not been ratified by the United Mexi-
can States, by the United States of America, and by the Republics of Colombia,
Guatemala, and Nicaragua.
It is, therefore, quite necessary that the means of rendering effective the agree-
ments of the Pan American conferences be sought.
From that point of view, the International Bureau in Washington can play a very
important part.
Among the objects that article 1 of the resolution of August 13, 1906, signed in the
Third Conference, assigns to said bureau is "to assist in obtaining the ratification of
the resolutions and conventions adopted by the conferences."
This rule, apparently so simple, covers a series of problems from the form in which
the bureau should give that assistance to the manner in which it should take measures
binding on the signatory nations, and it is to be hoped that the present conference
will formulate some bases concerning this point.
BUILDING FOR BUREAU.
Concerning the building intended for the bureau in question, Mexico has contrib-
uted with the sum of 25,352.84 pesos, equal to 112,676.42, which was the quota
assigned to it.
COMMITTEES DEPENDING ON THE DEPARTMENT OF FOREIGN RELATIONS.
At the present time the committee connected with the department of foreign rela-
tions, which should furnish to the Bureau of the American Republics the data that
the latter needs in accordance with the resolution signed in Rio de Janeiro, is
constituted.
SECTION OF COMMERCE IN THE BUREAU OP THE AMERICAN REPUBLICS.
Likewise there should be sent to said bureau everything relating to customs legis-
lation, consular rules and regulations, and commercial statistics.
COMPULSORY COLLECTION OF PUBLIC DEBTS.
The resolution on the compulsory collection of public debts was confined to recom-
mending that the American nations should submit the case to the Second Peace
Conference at The Hague, and Mexico complied by sending its representatives.
LIBERAL PROFESSIONS.
The resolution concerning the exercise of the liberal professions was restricted to
a confirmation of the treaty of January 28, 1902, which was not ratified by Mexico.
FOTJRTH INTERITATIONAL CONFERENCE OP AMERICAN STATES. 85
COMMERCIAL RELATIONS.
The resolution on the development of the commercial relations among the Ameri-
can Republics embraced two points:
(1) That of the exemption from duties of merchandise in transit, and (2) that of
contracts with navigation, railway and telegraph lines.
As to exemption from duties the Government of Me:^ico has not adhered to the
resolution, because it would require a complete change in the present fiscal organi-
zation of the country; and as to the special contracts referred to it is to be borne in
mind that the national railway lines run through all the territory of the Republic
fi'om the frontier of the United States of America to that of Guatemala, and from the
ports of the Gulf of Mexico to those of the Pacific, without taking into account the
lines that are under construction.
On the other hand, it is hoped that there will be made known the bases that the
Bureau of the American Republics may formulate, in order that the Mexican Govern-
ment may decide the form in which easier maritime communications with South
America may be secured, now that it has established at the present time communica-
tions of importance with a part of South America, with Central America, and with the
United States of America.
FUTURE CONFERENCES.
The United Mexican States have complied by sending its delegation to this con-
ference, as well as the publications and laws of the different branches of public ad-
ministration, which remain at the disposal of the said Pan American assembly.
commercial'resources.
As to natural resources the report of the International Bureau of the American
Republics is awaited, and the resolutions of the conference on this subject, held in
Washington, should be considered.
SANITARY bureaus AND QUARANTINE — ^PAN AMERICAN RAILWAY.
Concerning the Pan American Railway and the sanitary police, as the present
program, in topics VI and IX, refers to the same subject, the delegation will make
its report in the respective committees.
COFFEE INDUSTRY.
Mexico has not received an invitation from other Governments to the conference
which it was proposed to hold in Sao Paulo, Brazil, for the purpose of encouraging the
coffee industry.
MONETARY SYSTEMS.
As to the report on the monetary systems of the United Mexican States, the dele-
gation submits it to the conference as an appendix to this general report.
V. Salado Alvarez, Chairman.
Lufs Perez Verdia.
Antonio Ramos Pedrueza.
Roberto Esteva Ruiz.
Buenos Aires, July 21, 1910.
REPORT OF THE DELEGATION OF NICARAGUA.
Honorable Delegates of the Fourth International American Conference:
In accordance with Article III of the program of this conference, the delegation of
Nicaragua has the honor to report to you the steps taken by its Government upon the
resolutions and conventions of the third conference convened at Rio de Janeiro in
July, 1906.
Nicaragua has given special attention to the execution of those resolutions and has
been among the first to ratify the conventions that demand that requisite. The
national legislative assembly for which it is proper under the constitution and local
laws of the State to ratify international treaties and conventions, gave, on February
20, 1908, its approval, in Sue coui'se communicated to the department of foreign affairs
of Brazil and to the International Bureau of the American Republics, to the first,
second, and fourth conventions, concluded at Rio Janeiro, on naturalization, pecu-
86 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
niary claims, and patents, designs and industrial models, trade-marks, and literary and
artistic property.
The study of numerous and important internal matters of the country has precluded
the legislative assembly of Nicaragua until the present, from examining with a ^•iew
to approval the third of the conventions of Rio de Janeiro upon the formation of a code
of public and private international law. Nevertheless, the Government, knowing
that this approval will not long be delayed, when circumstances permit its study by
the legislative body which had formerly approved the treaty, made in the conference
at Mexico, has already named its representatives on the international commission of
jurists which should draft it. It is not to be doubted that in the coming legislature
this convention will be ratified, and I do not think it rash to assert from now on there
will be no obstacle to Nicaragua's being represented on that commission, whose
meeting, as is known, has been proposed.
The Government of Nicaragua understanding the usefulness and the benefit of one
of the most important recommendations made to the governments represented at the
third conference, which is that of August 13, 1906, for the establishment of committees
subordinate to the ministry of foreign affairs, charged with promoting the approval of
the resolutions adopted by the International American Conference and to fm-nish to
the International Bureau of Washington the data needed for the preparation of its
labors, organized, by resolutions of May 2 and October 6, 1909, the aforesaid committee
presided over by the assistant secretary of foreign affairs and subordinate to that
department. The internal troubles of the country have not permitted the committee
to occupy itself with all the industry desirable to the discharge of its duty, so that its
labors, in the short time that it has been organized, have been compelled to be very
limited and the report of them has served me as the principal basis for the present.
Concerning the recommendations for the reorganization of the International Biu-eau
of the American Republics, and for the establishment of a section of commerce,
customs, and commercial statistics between the American nations, the International
Bureau of Washington will fiKnish better and more concrete information. The action
of the Government of Nicaragua has been limited to its participation in the main-
tenance "of said bureau, to instructions communicated to the administrative offices
of the country to cooperate in the best possible manner for the important pmrposes
of such a useful institution, and to furnish to the bureau in Washington all the infor-
mation it may request, as well as that which tends to better and extend the contracts
with steamship companies that carry on the commerce between Nicaragua and the
other American countries. Effort is at present being made to have the company of
navigation between the ports of Mexico and Salvador extend its line as far as the ports
of Nicaragua so that commimication with the northern countries might be easier and
more rapid; and the committee created on the recommendation of Rio de Janeiro is
also interesting itself in the removal of tonnage tax. It would not be too much to say
to you here, that the governments of Central America, anxious to improve com-
munications between their countries, have concluded in Washington on December 20,
1907, a treaty in which they bind themselves to establish and improve the means of
communication, such as lines of steamers, submarine cables and telegraphs and tele-
phones.
Nicaragua has approved the convention relative to the liberal professions, signed
in Mexico in 1902, and it is to be noted that the laws of the country do not require
Nicaraguan citizenship for their exercise. Thus, also, the sanitary convention of
Washington of 1905 has been approved. The important question concerning fluctua-
tions in exchange is being studied with the care possible, and the general monetary
plan is waited which the International Bureau of the llmerican Republics had
announced in order to decide what would be most practical.
Regarding the progress made in the works of the Pan American Railroad, the honor-
able committee created by the former conferences will inform you later, and it is
pleasing to say to you that endeavor has been made to bring the lines of railroad in
construction in Nicaragua to conform as far as possible to the lines of the committee
of 1893 in order that they may be availed of and the work of the intercontinental
route become easier.
It will give me pleasure to present to you separately a detailed report on this sub-
ject, which shows the advance made in my country.
With every consideration, it is pleasing for me to subscribe myself, the delegates
humble servant,
M. Perez Alonzo.
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 87
REPORT OF THE DELEGATION OF PANAMA.
Mr. President: In obedience to Article III of the program of the Fourth Interna-
tional Conference of the American Republics, I have the honor to submit to you, in
my capacity as delegate of the Republic of Panama, the report concerning the action
taken by my Government on the resolutions and conventions of the Third Conference
held at Rio de Janeiro in July, 1906.
It is well known that my country, which in 1900 did not yet have the luster of a
long independent existence, had the honor for the first time of entering, as a sovereign
entity, into the concert of American nations.
The agreement approving the principle of arbitration for the settlement of questions
that may arise, as well as that relative to the inadmissibility of the use of force for the
collection of contract debts as supported at The Hague peace conference, and the
declaration of arbitration made at this famous conference, to which my country had the
honor of being invited, have been approved, as has also the convention for the limita-
tion of the use of force for the collection of contract debts.
The agreement providing for the creation of a commission of jurists charged with the
duty of preparing the plan of a code of public and private international law was also
sanctioned by my country, since my Government appointed a delegate of the Republic
to the Pan American Juristic Congress which was to meet at Rio de Janeiro in 1908
and which has been postponed indefinitely.
Panama has put no obstacle in the way of recovering citizenship in the case of citi-
zens who, after becoming naturalized in other countries have returned to their country
of origin with the purpose of remaining there permanently. Ever since the beginning
of independence liberal laws on this point have been enacted.
Save in very rare and exceptional cases the laws enlarge rather than restrict the
means of acquiring citizenship in Panama.
Progress which also has sought a place among us has increased production and
wealth in the new republic so greatly that the construction of a railway has been
begun which will connect the capital of the Republic with the city of David, the
most remote of the important cities of the Isthmus of Panama on the shores of the
Pacific and the nearest of them to the frontier of the Republic of Costa Rica. This
railway will form part of the Pan American system which in a few years will join the
one already constructed in the province of Bocas del Toro on the Atlantic side, also
adjoining the Republic of Costa Rica. The former line will be more than 500 kilo-
meters in length and will be constructed with public funds. The latter already has
nearly 300 kilometers in operation, with 26 locomotives and 350 passenger and freight
cars, and by Government concession, has been built by the well known United Fruit
Co., a corporation dealing in bananas.
Furthermore, Panama has complied most vigorously with all the preventive meas-
ures for the treatment of contagious diseases; yellow fever, smallpox, bubonic plague
and other diseases subject to quarantine are now unknown in the Republic, and the
mortality is so much reduced that, taking the annual average of 50 per 1,000 deaths
in 1905, two years after its separation from Colombia, when the capital of the Re-
public had only 22,000 inhabitants, at the beginning of 1909, when the population of
the city had reached 45,000, the annual average was hardly 19 per 1,000. It is un-
doubtedly now much smaller, according to data before me, since progress in this
branch of the public service has gone steadily forward while the population in all the
territory of the Republic at the same time has increased considerably. In San Jose,
Costa Rica, Panama was represented by a delegate at the Fourth International
Sanitary Convention and approved through its delegate the several resolutions therein
adopted for the prevention of epidemics and the lowering of mortality on our Con-
tinent.
The committee connected with the ministry of foreign affairs, charged with the
duty of providing the bureau in Washington with whatever it might need, has not
been appointed, in the hope, perhaps, of improving or enlarging the organization of that
bureau. In all probability it has not been created because the personnel of the min-
istry has been deemed sufficient to supply the bureau, whenever the case might
arise, with anything needed for its labors.
Here in resume is set forth the action taken by the Government of my country on
the resolutions and conventions of the Third Pan American Conference.
Belisario Porras.
Buenos Aires, July 12, 1910.
88 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
REPORT OF THE DELEGATION OF PARAGUAY.
The Republic of Paraguay, in pursuance of the principles of American solidarity,
and always promoting the many forms of its political and national development,
in accordance with the most advanced ideas and inspirations which mark the pro-
gressive evolution of the other countries, has with sincere faith attended all the prior
American conferences and in general terms has formed its laws, conventions, and
international procedures in accordance with the resolutions and conventions approved
in said conferences.
CONVENTIONS AND RESOLUTIONS.
Arbitration. — One of the questions of highest importance on which the Third Con-
ference fixed its attention refers to arbitration as the most rational means of settling
disputes between nations, and although the aspirations sanctioned by said resolution
have not as yet had legal and positive confirmation which are to make it effective,
Paraguay during its entire constitutional existence has ratified its adhesion to said
high principle, having recourse thereto in special treaties for the settlement of its
boundary disputes, one of the most recent being the Solar- Pinilla treaty, whereby its
boundary dispute with Bolivia is submitted to the decision of the President of the
Argentine Republic.
Sanitary police. — The Third Conference, in its resolution on sanitary poHce, expressed
its desire that the nations of America should adhere to the convention of Washington
or carry its provision into effect. It m-ged the adoption of measiues tending to secure
the sanitation of cities and port, and, in a general way, established the means of
facilitating communication on sanitary questions among the American countries,
so as to arrive at a better method which, assuring reciprocal defense against epidemics,
would diminish the injmies arising from the rigid enforcement of quarantine and
isolation. With that end in view, it favors the conventions of Washington and Rio
de Janeiro and m-ges the creation of international consulting boards with reference to
sanitary questions.
Paraguay, in direct communication by its rivers with the countries of the Platte and
of the Atlantic, has sought the realization of the ideals aspired to by the most modem
methods of sanitary police and has formed its international sanitary conventions so
as to accord fundamentally with the conventions of W^ashington and Rio de Janeiro,
as the treaty of Montevideo shows, which is at present in force, and in which its rela-
tions are fixed with Uruguay and Argentina. By it quarantines are, in a certain
manner, suppressed by a rigid sanitary inspection and disinfection of vessels and ports,
the voluntary declaration of local sanitary authorities of the appearance of epidemics
and special methods of prevention being established in each case.
Monetary status. — Through the instrumentality of the Chamber of Commerce of
Asuncion the Government causes to be published the fluctuations of legal-tender
money with respect to gold. The latest law actually in force provides for the con-
version of paper n^ney into gold at the rate of 10 to 1; that is to say, 10 cents gold to
1 peso paper. This conversion will be completed little by little within eight years.
In order to effect it, a redemption fund exists, which is the proceeds of special taxes and
whose amount to-day reaches one-fourth the value of the issue in circulation.
Pan-American railways. — Upon this point the delegation will present a special
report to the proper committee.
Private and public international laiv — Naturalized citizens. — These two important
conventions embrace the realization of high and eminently American ideals; they
have not, however, been ratified except by very few countries. Paraguay hopes
that new efforts will offer her the opportunity of confirming her adhesion to such
useful principles.
Pecuniary claims. — This being one of the most important subjects before the Fourth
Conference, and Paraguay not having ratified said convention, she hopes that in the
new deliberations a more adequate formula will be found more suitable to the existing
American interests.
Bureau of the international American office. — With regard to the resolution wherein
the desire is expressed that each country should create a section subordinate to the
ministry of foreign affairs, in whose chai'ge should be placed matters relating to the
Bureau of American Republics, Paraguay remarks that if she has not, as almost all
the other States, strictly complied therewith she has designated sections subordinate
to the department of foreign affairs, the office that has charge of everything concerning
the Pan American Union.
International Bureau of the American Republics.— Acknowledging the useful work
of the International Bureau, which constitutes one of the most efficacious means of
activity of the union of the American republics, Paraguay has not relaxed her efforts
FOUKTH INTERNATIONAL CONFERENCE OP AMERICAN STATES. 89
of every sort looking to its maintenance and its work of propaganda and general infor-
mation. Owing to causes of a political nature, which in these last years have agitated
her internal existence, it has not been possible for her to organize her diplomatic
representation in certain countries, as in the United States of North America, where-
fore she could not be represented in the International Bureau. She hopes, on the
other hand, that the fourth conference, for the purpose of re-forming the regulation
and organization of the International Bureau, will find a manner of simplifying and
bettering the relations of said bureau with the government of each country, to the
end of making its services more concrete and practical, thus approaching the ideal
of union and protection of the American republics among themselves which gave
rise to its formation.
Building for the International Bureau of the American Republics. — The resolution
adopted by the third conference now being a beautiful reality, Paraguay shows her
great satisfaction thereat and records her gratitude for the munificence of Mr. Carnegie.
Section of commerce customs and commercial statistics. — This provides duties for the
International Bureau which complete its organization. Paraguay has contributed
witiiin the scope of her obligations to the collection of information to render easy the
action of this subdivision.
Exercise of the liberal professions. — Paraguay has special treaties with several coun-
tries, the fundamental portions whereof agree with the treaty of Mexico of 1902.
Public debts. — Paraguay, through her representative in The Hague Conference,
has carried out the recommendation of the third conference upon this point.
'Patents, designs, models, privileges, etc. — If, indeed, Paraguay has not ratified this
convention, her treaties at present in force follow its fundamental provisions.
Natural resources. — Upon this subject the Paraguayan delegation will present to
each delegate a recently published official publication in which complete informa-
tion upon this point is contained.
Commercial relations. — Paraguay has developed and considerably extended her
means of river, railroad, and telegraph communication, therefore making important
improvements in her international commercial relations. The Central Railroad of
Paraguay is about to complete its extension which will join it with the Argentine
lines, thus placing Asuncion in direct communication with Buenos Aires. Another
company is projecting a line which, starting from the capital, will connect with the
Brazilian lines, thus making a direct communication between Paraguay and the Bra-
zilian ports of the Atlantic. Minor railroad lines in course of construction will con-
nect many villages and towns of the interior.
The telegraph lines lengthened in 1909 reached an extent of 204 kilometers.
The river communications have considerably increased and their traffic has been
perfected. Paraguay owns a complete dredging outfit, which maintained in active
operation contributes to the preservation of the easy and regular navigation of her
great rivers.
In conclusion, the Paraguayan delegation has the pleasure of expressing their sia-
cere hope that the most complete success will crown the deliberations of the Fourth
Pan-American Conference.
Teodosio GonzAlez.
Jose P. Montero.
REPORT OF THE DELEGATION OF PERU.
Buenos Aires, July 2S, 1910.
Mr. President: The delegation of Peru has the honor to inform the Fourth Inter-
national American Conference that all the conventions and resolutions adopted in
the Third American Conference of 1906 have been implicitly approved.
The conventions that require the legislative approval are submitted to the national
congress for their final ratification. The executive has recommended that it be done
as soon as possible.
The resolution relative to the congress of jurists was expressly approved on August 17,
1907. The Government likewise appointed the respective jurist, Senor Dr. Don
Juan Jos6 Calle, formerly fiscal (attorney) of the supreme court of justice, who has
not begun the exercise of his functions because it was agreed that the commission
of J jurists should meet in May, 1911.
The Government of Peru, by decree of March 20, 1908, also created the special
committee charged with performing the duties to which Article III of the convention
of August 23, 1906, refers. This committee is composed of the following persons:
Chairman: Senor E. Larrabure y Undnue, Vice President of the Republic.
Members: Senor Alberto Elmore, associate justice of the supreme court; Senor
Anselmo V. Barreto, associate justice of the supreme court; Seiior Jose Antonio de
90 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
Lavalle y Pardo, legal counsel to the supreme court; Senor Alejandro Garland, presi-
dent of the National Society of Industries; secretary, the assistant chief of the boundary
archives.
The ministry of Fomento is at present studying the convention of patents, trade-
marks, etc., to find whether it is in opposition to our liberal laws on the subject.
We believe that it will shortly be submitted to the national congress for due ratification.
As to the rest, with respect to the work of the Pan-American Pi.ailroad, we have the
honor to submit herewith a special report and map in which is shown the effective
work that Peru has accomplished during the fom* years elapsed since the International
American Conference that sat at Rio de Janeiro in 1906.
Peru, thus also, since the beginning of the present year, has established a rapid
service of navigation in the Pacific, by means of merchant vessels of the Peruvian
Steamship and Dock Co., which at present make the trip between Callao and Panama
in five days. Formerly the trip between the two ports was made in 12 days at least.
The example of the Peruvian Steamship Co. has served to have the Pacific Steam
Navigation Co. and the Kosmos Co., respectively English and German, establish an
equally rapid service of five days between Callao and Valparaiso.
The Peruvian Steamship Co., which the Government of Peru subsidizes, will soon
establish a like service in the same time.
The delegation of Peru has the honor of presenting to his excellency the president
of the Fourth International American Conference the assurances of their highest and
most distinguished consideration.
E. Larrabure y Unanue,
J. A. DE Lavalle.
C. A. Calderon.
REPORT OF THE DELEGATION OF SALVADOR.
In fulfillment of the provisions of Article III of the program of the Fourth Inter-
national American Conference, the delegation of Salvador has the honor to submit a
report relative to the action taken by the Government of the country which we rep-
resent, upon the resolutions and conventions of the Pan-American Conference of Rio
de Janeiro.
The Government of our country, which is enthusiastic concerning the ideals of
brotherhood and union of this Continent has viewed with delight the labors of the Pan-
American conferences, and it is pleasing for us to state that the 18 instruments signed
by the Third Conference were approved by the national assembly of Salvador under
date of May 11, 1907, and proclaimed by the executive on the 16th of the same month.
On the 23d of March, 1908, the Government issued a decree, whereby the committee
subordinate to the ministry of foreign relations is created, which was recommended by
the Third Conference in its resolution of August 13, 1906.
This commission because of special circumstances has not up to this time been organ-
ized, but meantime its duties have been discharged by the personnel of the depart-
ment of state and foreign relations.
The Government, in compliance with the provisions of the convention on inter-
national law, appointed on February 28, 1908, its delegate to represent it on the inter-
national commission of jurists charged with the preparation of the drafts of codes of
public and private international law.
One of the points which has most occupied the Government is that referring to the
Pan-American Railroad. The report upon the works completed will be presented to
the proper committee.
The railroad building operations begun in Salvador, once they have been completed,
will place the principal cities of the Republic in communication, and they will also
be in direct contact with the Republic of Guatemala.
The Government acknowledging the utility and importance of the recommenda-
tions made by the international American conferences, has supported the establish-
ment of a line of steamers which makes the direct journey between the Salvadoran
port of Acajutla and the Mexican port of Salina Cruz in 36 hours. This line began its
voyages at the beginning of last year, having gained because of its com-modiousness and
rapidity the preference of the public.
Sanitation has received special attention on the part of the Government; it has sent
representatives to the two sanitary conferences which have taken place after the for-
mer Pan-American conferences; one in Mexico, and the other in San Jose, Costa Rica.
The board of health and the Institute of Vaccination work without interruption.
F. Mejia,
F. Martinez Suarez.
Buenos Aires, July 18, 1910.
FOUETH INTEKjSTATIONAL CONFEKENCE OF AMEEICAN STATES. 91
Mr. Sccrelanj of the Third Committee of the Fourth International American Conference:
The delegation of Salvador submits the report which it presented to the Fourth
International Pan-American Conference, and has the honor to make the following
statement:
In article 1 of the treaty on pecuniary claims for damages and injuries, this provision
is found:
■' The high contracting parties agree to submit to arbitration all claims for pecuniary
loss or damage which may be presented by their respective citizens, and which can not
be amicably adjusted through diplomatic channels and when said claims are of suffi-
cient importance to warrant the expenses of arbitration," and in the program of the
Fourth Conference the consideration of the continuation after their expiration of the
treaties concerning pecuniary claims is provided.
In order that these considerations should lead to a result satisfactory to the interests
of the countries of this Continent, it is proper to bear in mind the axiom of interna-
tional law founded on a principle of justice, that it is due to the sovereignty of nations
that foreign claimants must exhaust all legal means and remedies which the legisla-
tion of the country against which they claim affords them before seeking the protection
of their Government.
To that end the Salvadoran delegation takes the liberty of recommending to the
committee, of which the secretary is the worthy representative, that it is pleased to take
into consideration the point above referred to in order that it may be submitted to the-
consideration of the Fourth International American Conference.
Francisco Martinez S.
Buenos Aires, August 25, 1910.
REPORT OP THE DELEGATION OF URUGUAY.
The delegation of Uruguay has the honor to report on the topics indicated in subject
III of the program.
At the conference of Rio de Janeiro, 4 conventions and 14 resolutions were adopted:
I. A convention concerning naturalization.
II. A convention concerning pecuniary claims.
III. On patents of invention, trade-marks and labels, and literary and artistic
property.
IV. On codification of international law, public and private.
The first of the above-mentioned conventions which requires the approval of both
houses, has not yet been sanctioned by the congress of Uruguay.
But it may be predicted that it will not encounter any opposition, when the sim-
plicity of the points agreed upon and the liberality of its provisions which do not raise
any objection to its sanction, is considered.
Convention No. 2 has not yet been sent to the congress. The delegation, through
its chairman, will submit to the proper committee (the eleventh), the observations
that it deems pertinent on a subject as delicate as it is important.
The third convention has also not been sent to the congress. Uruguay has recently
modified its trade-mark, commercial and agricultural legislation, making it conform
to the most advanced principles on the subject, to the most authoritative decisions of
judicial and administrative jurisprudence, domestic and foreign, and to the needs of
commercial growth. That legislation at the same time that it has reorganized the
registration of trade-marks by surrounding it with guarantees of inscription, has facili-
tated the comparison of trade-marks, restricted their imitation and has guaranteed
foreign trade-marks and facilitated their registration and renewal. Conspiracy and
forgery are punished quickly and severely. A copy of the law is attached.
No law has yet been enacted on artistic and literary property referred to in the civil
code of Uruguay, but a proposed law is being considered, a copy of which is attached
herewith.
The patent and trade-mark law (1885) is in harmony with the principal laws in force
concerning the subject in other countries. The executive power is now preparing a
plan for improving the procedure in securing patents, making it more economical and
adapting it to the advancement of inventions.
In dealing with topic X of the program in the respective committee, Delegate
Dr. Amezaga will set forth the conclusions which are regarded as the most interesting.
The fourth Rio de Janeiro convention relates to a codification of public and private
international law.
The legislative body of Uruguay approved that convention and the executive
appointed its delegate to the meeting of jurists which was to be held at Rio de Janeiro.
The president of this delegation was named as the delegate in question. This meet-
ing has been postponed.
92 rOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
The codification of private international law received a \dgorous impulse at the
congress held in Montevideo, which has been deservedly praised by noteworthy
international lawyers. As to public international law, in spite of the differences
existing in America, it is a well-known fact that there are valuable antecedents avail-
able in the plans for codification drawn up by eminent publicists, both European and
American, and in the proceedings of the Institute of International Law and partial
codifications of certain important subjects. The work, therefore, is not Utopian
and its realization is to be hoped for ere long.
In regard to the resolutions adopted at the Rio de Janeiro conference we shall men-
tion them in the order given in the published proceedings.
The first deals with arbitration.
In fulfillment of what had been agreed upon, Uruguay appointed its delegates
plenipotentiary to the Second Hague Conference and, along with the majority of
the nations, approved the proposal for compulsory arbitration.
The second resolution of the Rio de Janeiro conference dealt with the organization
and operation of the Bureau of the American Republics at Washington.
The Government of Uruguay has contributed to the maintenance of the bureau,
the usefulness and importance of which it recognized from the beginning.
Certain charges will be suggested to insure a greater degree of success in the work
of the bureau.
As to the third resolution, concerning the building already inaugurated, Uruguay
will join in the homage to be rendered to Mr. Andrew Carnegie, the eminent Pan
Americanist, whose valuable gift has made it possible to secure within a short time the
construction of the palace which serves as the seat of the Bureau of the American
Republics in Washington.
The fourth resolution relates to the establishment in the ministry of foreign relations
of each 'Republic of a committee to promote the approval of the resolutions of previous
conferences and to furnish the bureau in Washington with data.
This committee has not been created because it would be, perhaps, more conducive
to the purposes set forth in the resolution, more in harmony with the internal organiza-
tion of the administrative service in each country, and probably more expeditious, as
well, if the governing board of the bureau in Washington, to which article 2 of the
resolution (minutes of the Rio de Janeiro conference, p. 582), were to further, thi-ough
the medium of the Department of State of the United States, all that relates to
compliance with what may have been agreed upon at the conference, since that gov-
erning board is composed of the diplomatic representatives of all the nations and is
the permanent organ of the International Union of the American Republics.
JI-A-s to the sending or furnishing of all sorts of statistical data and information, as the
countries of the International American Union possess organized bureaus of statistics,
it would be quite sufficient were such bureaus to send the data in question directly to
the bureau in Washington, and, if they should not do so within a given period, the
bureau should call for them through its director or governing board and through the
medium of the Secretary of State of the United States. An agreement may be made
in this sense.
The bureau of statistics of Uruguay has always performed this duty by sending its
annual.
The delegation appends a pamphlet which contains the tables of exportation and
importation for 1907 and 1908.
This material has to do with the very useful proposal to render generally commercial
and census statistics uniform. This is a need very much felt and bears a close relation
to other resolutions adopted at Rio de Janeiro.
Uruguay took its last national census of population and industry in 1908, as it took
the municipal census of Montevideo in ISSQ, by a highly improved method of pro-
cedure in which it made use of the individual blanks and followed the most advanced
eystem of investigation.
The fifth resolution was to be carried into effect by the Biireau of the American
Republics in Washington, with the aid of the special committees to be established in
the ministry of foreign affairs of each country. Since these special committees of
information have not been created, that being a matter dependent upon the internal
budget of each nation, the central bureau of the International American Union has
been unable to perform the duty assigned to it.
In this respect a statement is made of the changes that might be made in order to
attain those results.
The sixth resolution deals with the compulsory collection of public debts and defers
the examination of the matter to the Second Hague Conference.
Since Uruguay was represented and voted in this conference there would be no
information at present to impart on so important a subject, which has furnished material
rOUETH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 93
for an extensive and interesting bibliography — were it not for the fact that in the
program of the Fourth Conference Topic IX shows some connection with the sixth
resolution in question, and that it was included in The Hague convention relative to
the limitation of the use of force for the collection of contract debts.
The seventh Rio de Janeiro resolution concerns the practice of the liberal pro-
fessions and recommends the adoption and ratification of the treaty of Mexico.
The eighth resolution of the Kio de Janeiro conference deals with commercial
relations and bears upon Topic VII of the program of the Fourth Conference.
The chief task to fulfill was incumbent upon the central bureau in Washington,
namely the elaboration of a plan for steamship service.
Regarding postal and telegraph communication, railways, and exemption from
transit taxes, Uruguay has suggested the holding of a congress to consider the first
two of these points. The construction of railways has to do with the Pan American
Railway system, which is a special topic. A Uruguayan railway that crosses the prin-
cipal lines oi the country now in operation, called the Interior Railway, lies within
the system projected for the Pan American Railway.
The concession has been approved. The law therefore is annexed. And the plan
of the line has just been submitted to the approval of the Uruguayan Government.
Since the eleventh Rio de Janeiro resolution includes the Pan American Railway,
this resolution is herewith reported upon, although Delegate Amezaga may furnish
the committee with more elaborate data on the subject.
Ninth resolution: On future conferences Delegate Rodriguez will supply remarks
or proposals on the matter within the committee itself that has to deal with this
topic and of which he is a member.
Tenth resolution: On natural resources the information to be furnished by the
central bureau in Washington will appear in the report of that office. But this infor-
mation depends upon the cooperation that may be given by the countries composing
the Union.
It is a matter of great importance, therefore, to establish an adequate system for
the speedy sending of all sorts of data by the statistical bureaus of each country of
the Union to the central bureau in Washington.
Eleventh resolution (on sanitary police): This resolution has been carried out.
Uruguay was represented at the Third Sanitary Conference of Mexico. There it
expressed its adherence to the Second Sanitary Conference of Washington. The
convention agreed upon by this conference is the same as the sanitary convention of
Paris of 1903, drawn up by eminent scientists from 23 nations.
At the Second Sanitary Conference of Washington the portion relating to the prophy-
laxis of yellow fever was added, and all that which referred to countries of the Levant
and to traffic through the Suez Canal was omitted from the convention of Paris.
The Fourth American Sanitary Conference of Costa Rica (December, 1909-January,
1910) amplified certain resolutions, made new recommendations, and fixed an inter-
pretation of Article IX of the Second Conference of Washington.
The sanitary organization of Uruguay is highly advanced, and its internal regula-
tion, as well as its service of an international character, are based upon the principles
and declarations of the conference of Paris and of the American sanitary conferences.
The latest reform in Uruguay centers the higher administration of the sanitary
service in the national authorities as was recommended in those of Washington.
Recently an organic law as to animal sanitary police has been enacted which corre-
sponds to the most authorized scientific demands and to the encouragement of eco-
nomic interests placed under the protection of veterinary and customs regulations.
In regard to the twelfth resolution of the sanitary conference of Costa Rica we can
only state that as yet the bureau of sanitary information to be established in Monte-
video has not been organized. Its operation does not depend solely upon the initia-
tive and good will of the Government of Uruguay, but also upon the aid in effective
cooperation and communication which the other countries that must supply the data
may furnish. In the respective committee. Delegate Pena will make some remarks
on the matter.
The twelfth resolution of the conference of Rio de Janeiro has already been treated
in the observations made in connection with the eighth resolution, and will be ampli-
fied also by Delegate Amezaga in the committee on the Pan American Railway.
Thirteenth resolution includes an examination of the coffee crisis. It concerns
primarily the countries of production.
This product is a very prominent item in the commerce of Brazil and Uruguay and
has a close relation to the other producing countries of America which are seeking an
extension of their markets.
The fourteenth resolution deals with the monetary system and with fluctuations in
exchange during the last 20 years.
94 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
It was agreed that the countries forming the union should present treatises on these
topics in due time to be distributed and examined six months at least before the
meeting of this Fourth Conference.
These treatises have not been prepared in a comprehensive and methodical manner
on certain bases of uniformity. The study of exchange is one of great complexity.
The factors to be examined and taken into account are many. They require well
prepared statistics, analyses and interpretations of the same, and a comprehensive
glance at the monetary regime, the organization of bank credits and public credits in
each country. We are unable at this point to enter upon details like these which call
for technical study. But we wish to state that perhaps the very difficulties and com-
plexities involved in the examination of fluctuations in exchange are responsible
for the nonpresentation of the treatises recommended.
In Uruguay no investigation has been attempted by the Ijureau of statistics, nor has
the subject been examined under the conditions laid down in the Third Conference,
but Delegate Pena presents a statistical table on the rates of exchange for 20
years — a table which, at his request, was prepared by Dr. Julio Llamas, professor of
political economy in the School of Commerce of Uruguay. This table is accompanied
by a graphic diagram and by various tables that enable one to appreciate side by side
with the rates of exchange the changes in values of the commerce of Uruguay of both
exportation and importation during the same period of 20 years. These are accom-
panied in turn by other supplementary tables as well as by one relative to the com-
merce between Uruguay and the United States.
Within the respective committee. Delegate Pena will furnish all the information and
•explanations that may be needful.
The Government of Uruguay has just presented to congress a plan of reform in the
customs tariff. This plan is followed by an extensive analytical study of the greatest
importance. It includes new classifications, an extension of the scope of specified
duties, and statistical comparisons to enable one to understand the effect from a ^dew-
point of revenue of the reform.
There will be presented to the proper committee a copy of this interesting work.
The study of the monetary system of Uruguay, even though couched in brief terms,
would be of the greatest interest. But this is not the time to consider it. Later a report
will be sent to the central office of the union in Washington as was agreed in the Third
Conference at Rio de Janeiro .
But if the question is considered at the meeting of any committee of this Fourth
Conference, the chairman, Mr. Ramirez, or the delegate, Mr. Pena, will furnish the
information necessary for all these topics.
Such, your excellency, Mr. President, are the reports and information which the
delegation of Uruguay is able to furnish concerning the fulfilment of resolutions and
conventions approved in the Third Conference of Rio de Janeiro.
It is very pleasing for us to salute his excellency, the president, therefore, with the
greatest consideration.
GoNZALo Ramirez, Chairman.
Carlos M. de Pena.
Antonio M. Rodriguez,
Juan Jose Amezaga.
Buenos Aires, July 18, 1910.
REPORT OF THE DELEGATION OF VENEZUELA.
Mr. President: Even if the United States of Venezuela did not participate in the
Third Interna*;ional American Conference, the Venezuelan delegation has the honor
tosubmit to the consideration of the present conference a brief report on matters per-
taining to it that relate to Topic III of the program under which we are assembled.
REORGANIZATION OF THE BUREAU OF THE AMERICAN REPUBLICS.
The resolution adopted in this regard at Rio de Janeiro is open to debate by the
terms of Topic IV of the program, and the delegation will submit two propositions
concerning this matter in two appendices to the present report marked "A " and "B."
CONVENTION FIXING THE STATUS OP NATURALIZED CITIZENS.
Articles I and II of this agreement provide that the native citizen of a State, natu-
ralized in another, upon again taking up his residence in the country of origin without
the intention of returning to the country of his adoption, resumes his original citizen-
FOUETH INTEENATIONAL CONFERENCE OF AMERICAN STATES. 95
ship; and that the intention of not returning must be presumed when the naturalized
person resides for more than two years in the country of origin. In Article II it is
added, nevertheless, that, "this presumption may be overcome by evidence to the
contrary." In view of the fact that most treaties concluded for this purpose do not
contain such a reservation; that this has already given rise to disputes and will always
do so; that with regard to the scope of this very provision the doctrine has been ad-
vanced that the State "reserves to itself fully and absolutely the right to decide with
respect to the status of its citizens and that it exercises this right exclusively as an attri-
bute of its sovereignty;" the Venezuelan Executive would not be disposed to ask its
congressional ratification unless said reservation were suppressed.
PECUNIARY CLAIMS.
The Government of the United States of Venezuela is willing to sign the convention
relative to pecuniary claims made at Rio de Janeiro, together with its extension, pro-
vided always that it be understood that resort to diplomatic intervention shall not
be had with regard to this class of claims except in a case of the denial of justice on
the part of a State against which the claim is made.
CREATION OF INTER-AMERICAN COMMITTEES SUBORDINATE TO THE MINISTRIES OF
FOREIGN AFFAIRS.
This resolution, which properly forms part of the organization of the Bureau of
American Republics, since the proposed committees become organs of the International
Union, organized in each of the capitals of that union, would have no real purpose
if it were not adopted and put into practice by all or at least the majority of the States
of America, since their principal usefulness depends upon the harmonious opera-
tions of all these bodies so as to cooperate in the realization of what is agreed to at these
different conferences and to prepare, in common accord and upon reflection, the work
of future gatherings. With this end in view our Government would like to know
whether all or most of the nations of America join in the creation of these committees,
and in this case it proposes that some of the beauties to which Article III of the resolu-
tion in question refers be defined, and that there be included among them (1) that
of making reports concerning the labors which each State may propose for the Bureau
of American Republics for each new conference; (2) that of collecting information
and of investigating measures which may tend to the uniformity of consular documents
and customs regulations, census and commercial statistics and relations. With regard
to this second point the basis would be the formation of a nomenclature which should
establish in an official manner in America the equivalents in Spanish of the words
which, in the various countries of this tongue, designate articles and products of com-
merce and industry; and the terms to which this Spanish word corresponds in English,
Portuguese, and French. A work of this magnitude could not be undertaken and
much less completed except by technical committees of each country of the union
formed by an expert in customs nomenclature and a linguist, to the end that the labors
of the various committees might be centralized in the bureau at Washington, where
they would serve for the formation of the official nomenclature of the American
nations.
SANITARY POLICE.
The Government of the United States of Venezuela has paid special attention to this
administrative branch. It has created in the ministry of interior relations a board of
public health, supplemented by a superior council of hygiene. The board of public
health and the body of experts attached to it have issued ordinances of sanitary
police; have made effective the obligatory declaration of contagious diseases, and have
attended with special care to the sanitation of the ports and to the struggle against yel-
low fever and bubonic plague, so far as to accomplish the extinction of the latter, which
two years ago infested the ports of Venezuela, having been brought in from the Pacific.
The United States of Venezuela were represented by two experts at the international
sanitary conference of San Jose, Costa Rica, and are disposed to adopt the international
sanitary convention of Washington, provided Article IX of said convention be not
given the interpretation in the sixth recommendation of the international sanitary
conference of San Jose, because that interpretation seems contrary to the idea of the
decorum inherent in sovereignty, and might, moreover, be converted into an easy
means of disturbing the commerce of a given country.
96 FOURTH INTEBNATIONAL CONFERENCE OF AMERICAN STATES.
CONVENTION OF INTERNATIONAL LAW.
This convention has been sent to Congress with a request that legal authorization
be given in order that the executive may adhere to it in the name of Venezuela.
CONVENTION CONCERNING PATENTS.
Without entering upon the merits of the matter, and in case the bureaus of registra-
tion are established which this convention proposes, Venezuela'^ observes that mindful
of her position on the South American continent, of her bordering on Brazil, of the
natural development of maritime and river communication^ which everything tends
to make more rapid and more frequent between the two countries, it should form part
of the group of nations whose bureau of registry would be at the city of Eio de Janeiro.
Buenos Aires, July 12, 1910.
Manuel DIaz RodrIguez.
C. ZUMETA.
To His Excellency Senor Dr. Antonio Bermejo,
President of the Fourth International Conference.
APPENDIX I.
REPORT AND DRAFT OF RESOLUTIONS BY THE THIRD COMMITTEE,
The third committee, intrusted with Topic III, "The examination of the reports or
memorials presented by each delegation relative to the action of the respective
Governments concerning the resolutions and conventions of the Third Conference^
held at Rio de Janeiro in July, 1906, including the report of the Pan-American com-
mittees and the consideration of extending'the functions of the latter," has the honor
to submit to the Fourth International Conference of the American Republics the fol-
lowing report and draft of resolution :
All the countries represented in the present conference have submitted their reports
relative to this topic, with the exception of Haiti, which did not attend the conference
at Rio de Janiero.
CONVENTIONS.
The first convention, fixing the status of naturalized citizens who again take up
their residence in the country of their origin, has been approved by the United States,
Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Nicaragua,
Panama, and Salvador.
The Chamber of Deputies of Argentina has approved it and the agreement of the
Senate is awaited in order that it may become a law.
The Senate of Mexico has approved it, but it has been deemed wise to await the
result of the general revision which it is proposed to carry into effect with regard to
the legislation on naturalization before promulgating the decree.
Paraguay hopes to adhere to such a useful proposal. Peru has implicitly approved
it, submitting it to the National Congress for its final ratification.
In Uruguay it has not yet been approved, but its delegation believes that it will
encounter no opposition.
Only two Governments believe that they can not give it their approval — Cuba and
Venezuela. The former because it believes that Article VII of the constitution,
which reads as follows,
' ' Cuban nationality is lost —
"4. In case of naturalized Cubans, by their residence for five years continuously in
the country of origin, except when serving an office or fulfilling a commission of a
Government of the Republic ' '
is in contradiction with Ai-ticle II of the treaty of Rio de Janeiro, which is of the fol-
lowing tenor:
"The intention not to retm-n will be presumed to exist when the natiu-alized person
shall have resided in his native country for more than two years. But this presump-
tion may be destroyed by evidence to the contrary."
Venezuela objects to the words in Article II which say, "but this presumption may
be destroyed by evidence to the contrary, ' ' and declares that —
' ' In view of the fact that most of the treaties concluded for this purpose do not con-
tain such a reservation; that this has already given rise to disputes and will always do
so; that with regard to the scope of this very provision the doctrine has been upheld
that the State 'reserves to itself fully and absolutely the right to decide with respect
to the status of its citizens and that it exercises this right exclusively as an attribute
of its sovereignty;' the Venezuelan executive would not be disposed to ask its con-
gressional ratification unless said reserve were suppressed."
The second convention concerning pecuniary claims for damages and injuries has
been approved by the United States of America, Chile, Colombia, Costa Rica, Ecua-
dor, Cuba, Guatemala, Honduras, Mexico, Nicaragua, Panama, and Salvador.
In Argentina it has received the approval of the Chamber of Deputies and awaits
that of the Senate. In Brazil it is awaiting the approval of the National Congress.
Uruguay has not sent it to the legislative body.
Concerning this convention, which will remain in force until December 31, 1912,
Chile is of opinion that it should be renewed for an indefinite time, in conformity
74034— S. Doc. 744, 61-3 7 97
98 FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES.
with the principle of international law sanctioned in the convention of Mexico con-
cerning the rights of foreigners, and would view with pleasure that this latter conven-
tion be ratified by all the countries of America.
Costa Rica believes it necessary, in the new convention, to make these principles
clear, that resort shall not be had to the jurisdiction of the arbitral tribunal of claims
without first having exhausted all legal remedies before the tribunals of the country
against the Government of which the claim has been presented, and that there has been
on the part of said tribunal a manifest denial of justice or an undue delay or an evident
violation of the principles of international law. Paraguay has not ratified said con-
vention, and hopes that in the new deliberations a form better suited to the interests
of American nations may be found. Peru has implicitly approved this convention,
and has referred it to the National Congress for its final ratification. Salvador, which
has approved it, presented to this committee an additional report concerning this
"treaty in which on referring to the consideration of the extension of the same says:
"In order that these considerations should lead to a result satisfactory to the interests
of the countries of this continent, it is proper to bear in mind the axiom of international
law founded on a principle of justice, that it is due to the sovereignty of nations that
foreign claimants must exhaust all legal means and remedies which the legislation of
the country against which they claim affords them before seeking the protection of
their Government."
Uruguay has not as yet sent it to the legislative body. The United States of Vene-
zuela are disposed to sign it and its extension provided that it be understood that there
shall be no recourse to diplomatic intervention with regard to this class of claims,
except in case of a denial of justice on the part of the State against which the claim is
made.
The observations concerning this matter made by the different delegations were
sent in due course to the proper committee.
The third convention concerning patents, designs, and industrial models, trade-
marks and literary and artistic property has been approved by Chile, Costa Rica,
Ecuador, Guatemala, Honduras, Panama, Nicaragua, and Salvador.
The United States of America has not been able to decide anything regarding this
matter because of the impossibility of harmonizing its present legislation and practice
on patents with the plan of the convention. The delegation of the United States will
present separate drafts for patents, trade-marks, and copyrights. These drafts will be
in accordance with the treaty of Paris of 1883, and with regard to copyrights, the
modifications recently made at the congress held in Berlin in 1909 upon this matter
will be borne in mind. In Argentina it is awaiting the approval of Congress. The
National Congress of Brazil has not as yet given its approval to this convention.
Costa Rica, which has approved it, says in its report:
"The convention of Rio de Janeiro in part changes our legal principles, but as it
has 'not been possible to carry these provisions into effect in the majority of our coun-
tries, we have not tried to harmonize our laws with the conventions."
Cuba, which adhered to the treaty of Mexico on patents, designs, and industrial
models, trade-marks, has not been able to recommend to the Senate the adoption of
the convention of Rio de Janeiro because it had not accepted that of Mexico concerning
that of literary and artistic property of which it forms a part. Mexico has not been able
to take any steps in regard to it, because it has not approved the treaties of Mexico of
1902, which, with some modifications, form the convention of Rio de Janeiro. Para-
guay, if indeed it has not ratified this convention, in its existing treaties adheres to
its fundamental provisions. Peru also is considering it, and believes that it will soon
be submitted to the National Congress for its final ratification. Uruguay has not
-sent it to the legislative body.
The fourth convention concerning international law has been approved bj^ the
United States of America, Brazil, Chile, Colombia, Costa Rica, the Dominican Repub-
lic, Ecuador, Guatemala, Hondiu-as, Mexico, Panama, Salvador, and Uruguay.
It is awaiting approval in the Argentine Congress and in that of Nicaragua.
Paraguay is awaiting an opportunity to confirm its adhesion to such a useful pro-
posal. Venezuela has sent it to Congress with a request for legal authorization for the
executive to adhere to it in the name of Venezuela. Chile in treating this subject
believes that it would be advantageous if the foiu'th conference should specify the
bases or general lines along which the international commission might proceed in the
discharge of its duty; it exposes at length its points of view which endeavor to group
separately the matters of American interest and those of a universal character and
condenses its opinion in a draft of resolution the text of which is as follows:
, "The Fourth International American Conference resolves:
"To confirm the convention agreed upon at the third conference of Rio de Janeiro
relative to the codification of international law, by means of a commission of jurists,
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES, 99
and believes that in the performance of its duties it should arrange its work upon the
'following bases:
"(a) In addition to keeping separate the usual divisions of the subject into public
international law and private international law, it should also subdivide its work
into matters of universal application and to American application;
"(6) The matters of American application would be made up into a plan which,
after having been brought to the knowledge and attention of the Governments, could
be presented for the approval of the next Pan American Conference in accordance
with Article III, paragraphs 2 and 7, of the convention of Rio de Janeiro.
"(c) The matters of universal character would be made up into a separate project
that would follow a like course and it would be presented in the name of the American
States which might have approved it to -the next conference at The Hague."
The undersigned committee after having examined the ideas presented by Chile,
believes that the conference ought to submit to the consideration of the commission
of jurists created by the Third International American Conference, the suggestion
made by the delegation of Chile relative to the form in which said commission might
fulfil its task.
RESOLUTIONS.
1. The American Governments gave instructions to their representatives to the
Second Peace Conference at The Hague in consonance with the resolutions concerning
international arbitration.
2. The second resolution concerned the reorganization of the International Bureau
of the American Republics. They have all contributed to its maintenance, agreeing
to the increase of the quota which has been caused by the increasing necessities.
Chile believes that, apart from its functions, it should constitute a center of informa-
tion on the commercial relations of the American nations, in order to foment the inter-
change of products between them, and to reach by these practical methods the creation
of new and lasting bonds of friendship.
3. Concerning the building for the Bureau of the American Republics, already com-
pleted, everyone pays a tribute of thanks to Mr. Andrew Carnegie because of his
generous donation, which has permitted the sumptuous realization of all the wishes of
the Third Conference.
4. This resolution refers to the organization in the department for foreign affairs of
each Republic of a committee which shall promote the approval of the resolutions
of prior conferences and the transmission of data to the bureau at Washington. These
have been already established by the United States, Argentina, Chile, Colombia, Cuba,
Honduras, Mexico, Nicaragua, Peru, and Salvador.
Venezuela proposes that some of the duties to which the third article of the resolu-
tion refers be defined, and that there be included in it —
"1. That of making reports concerning the labors which each State might propose
for the Bureau of the American Republics for each new conference ; and
"2. That of collecting information and of investigating measures that may tend to
the uniformity of consular documents and customs regulations, census, and commercial
statistics and relations. With regard to this second point the basis would be the
formation of a nomenclature which should establish, in an official manner in America,
the equivalents in Spanish of the words which, in the various countries of this tongue,
designate articles and products of industries, and the terms to which this Spanish word
corresponds in English, Portuguese, and French. A work of this magnitude could not
be undertaken and much less completed except by technical committees of each
country of the Union formed by an expert in customs nomenclature and by a linguist,
to the end that the labors of the various committees might be centralized in the bm-eau
at Washington, where they would serve for the formation of the official nomenclatiu-e
of the American nations."
5. This resolution concerned the creation of a section of commerce, customs, and
commercial statistics in the International Bureau of the American Republics, with the
assistance of the special Pan American committees, and must be the subject of a report
from the director of that bureau.
6. The sixth resolution related to the compulsory collection of public debts, and
referred the examination of this matter to the Second Hague Conference. The Ameri-
can Governments there represented carried out the instructions of their respective
foreign offices.
7. The seventh resolution, regarding the liberal professions, which confined itself
to confirming in its entirety the treaty concerning their practice, signed at Mexico,
neither the United States nor Cuba, owing to the legislation existing in both countries,
have been able to adhere to. Uruguay maintains in force the treaties of Montevideo
concerning this matter. Brazil has not given its approval in the National Congress.
Nicaragua has already approved the convention relating to the practice of the liberal
100 FOURTH INTERNATIONAL. CONFERENCE OF AMERICAN STATES.
professions, signed in Mexico in 1902, it being worthy of note that the laws of the
country do not require, for their exercise, Nicaraguan citizenship.
8. This resolution, relative to commercial relations, also should form a part of the
detailed report of the director of the International Bureau of the American Republics.
9. This resolution has as its object the assurance of periodical reunions of the con-
ference at short intervals and the meeting of the fourth conference. Concerning this
resolution the Government of the United States declares:
"That it views with approval the method embodied in this resolution, whereby
the governing board of the International Bureau of the American Republics is author-
ized to designate the place of meeting and, subject to the conditions fixed by the con-
ference, the date thereof."
10. The tenth resolution related to natural resources and is thus a matter also for the
report of the Director of the International Bureau of the American Republics.
11. The eleventh resolution concerned sanitary police, and the various reports
contain an account of the great advance that has been made in the different countries
in this matter since the conference at Rio de Janeiro.
Brazil has adhered to the convention of Washington under date January 9, 1908,
and in the Third Sanitary Conference of Uruguay did likewise.
The delegation of Paraguay states "that Paraguay in direct communication by its
rivers with the countries of the Plate and of the Atlantic, has sought the realization
of the ideals aspired to by the most modem methods of sanitary police, and has formed
its international sanitary conventions so as to accord fundamentally with the conven-
tions of Washington and Rio de Janeiro, as the treaty of Montevideo shows, which is at
present in force, and in which its relations are fixed with Uruguay and Argentina."
In the report of Uruguay it is said that as yet the bureau which was to have been
constituted in Montevideo has not been organized; in this respect it declares that
its operation does not depend solely upon the initiative and good will of the Govern-
ment of Uruguay, but also upon the concurrence of efficacious adhesion and communi-
cations which the other countries that are to join in furnishing information may lend.
Venezuela declares that she is disposed to adopt the international sanitary con-
vention of Washington, provided that to Article IX of said convention the interpre-
tation urged in the sixth recommendation of the international sanitary conference at
San Jos6 be not given; because that interpretation appears contrary to the concept
of decorum inherent in sovereignty, and might moreover be converted into an easy
method of disturbing the commerce of a given country.
12. The twelfth resolution concerned the Pan American Railroad. Reserving the
right to present to the committee of this conference which is occupied with this matter,
several countries state in their reports the amount of work completed; and these data,
together with the report of the permanent committee of Washington, which the United
States have transmitted, show the progress that has been accomplished in the inter-
continental system.
13. The thirteenth resolution, which concerned the meeting of a coffee congress,
has had no action taken on it. The congress has not been convoked by Brazil. Gua-
temala would see with pleasure that the idea of said congress might be carried out.
14. The fourteenth resolution concerned monetary systems, etc. The United States
has sent, as has Panama, as appendices to their reports, a work upon this matter,
and Brazil a work upon the monetary political situation of Brazil by Senhor Calogeras.
A summarized table is annexed which shows what Governments have approved the
conventions and organized the Pan American committees.
Taking into consideration everything contained in the reports and the opinions
expressed in the sessions of the committee, the following is recommended as the
draft of a resolution:
The undersigned, delegates of the Republics represented at the Fourth Interna-
tional American Conference, thereunto duly authorized by their Governments, have
approved the following resolution:
To recommend to the Governments represented —
(1) That they send through the conduct of the ministers of foreign relations all the
reports presented to this conference to each one of the Pan American committees, and
to the Pan American Union, for appropriate action.
(2) That these reports being of great usefulness, the Governments are especially
urged to present them to future conferences and in order that they may be more care-
fully examined, that they be sent three months beforehand to the Pan American Union
in order that they may be printed, and to the end that they be distributed upon the
day of the opening of the conference.
(3) That the usefulness of the Pan American committees in the countries wherein
they have been established and the evident utility of establishing them in the nations
which have not yet done so, having been proved, the latter are urged to create them
promptly informing said bureau.
FOURTH INTERNATIONAL CONFERENCE OF AMERICAN STATES. 101
(4) That thus also the fulfillment of the resolutions of the Third Conference upon
natural resources, a monetary system, commerce, customs, and statistics, is urged upon
the Governments, the bureaus of the respective countries being able to send directly
to the Pan American Union at Washington their reports, annuals, data, and every
class of publication that refers to these matters.
(5) That, in order to facilitate the deposit of the ratifications of the conventions,
and in order to render more rapid their exchange and publication, besides the copy of
ratifications sent to the department for foreign affairs of the country in which the
conference is held, another copy be sent, as a means of information, to the Pan
American Union and that a like procedure be followed with respect to the adhesion of
nonsignatory nations.
Done and signed in the city of Buenos Aires, Argentine Republic, on the • day of
August, 1910, in Spanish, English, Portuguese, and French, and deposited in the
department for foreign relations of the Argentine Republic, in order that certified
copies may be taken to be sent through diplomatic channels to each one of the signatory
States.
Buenos Aires, August 3, 1910.
Henry White, delegate of the United States of America; M. Montes de Oca,
delegate of Argentina; Olavo Bilac, delegate of Brazil; Miguel Cru-
chaga, delegate of Chile; R. Ancizar, delegate of Colombia; Alfredo
Volio, delegate of Costa Rica; Gonzalo de Quesada, delegate of Cuba;
Amerigo Lugo, delegate of Dominican Republic; A. CArdenas, delegate
of Ecuador; Manuel Arroyo, delegate of Guatemala; C. Fouchard,
delegate of Haiti; Luis Lazo, delegate of Honduras; Luis Perez Verdla,
delegate of Mexico; M. Perez Alonso, delegate of Nicaragua; Belisario
Porras, delegate of Panama; Jose P. Montero, delegate of Paraguay;
E. Larrabure y Un4nue, delegate of Peru; F. Martinez Suarez, delegate
of Salvador; Carlos M. de Pena, delegate of Uruguay; Manuel Diaz
Rodriguez, delegate of Venezuela.
FOURTH INTERNATIONAL CONFERENCE OF THE AMERICAN REPUBLICS, THIRD COM-
MITTEE.
Ratifications of conventions of Rio de Janeiro and the appointment of the Pan American
committees.
Countries.
Status of
naturalized
citizens.
Pecuniary-
claims.
Patents, trade-
marks, etc.
International
law. 6
Fan Ameri-
can com-
mittees.
America (United States)..,
Argentina
Brazil .
Chile
Colombia
Costa Rica
Cuba
Dominican Republic .
Ecuador
Guatemala'
Haiti 8
Honduras
Mexico
Nicaragua.
Panama...
Paraguay..
Peru
Salvador.
Uruguay .
Venezuela ^ .
Jan. 13, 1908...
Sanctioned by
House; pend-
ing in Senate.
Oct. 8, 1909....
June 28, 1909.. i
Aug. 29, 1908..;
Oct. 26, 1908...'
(*) !
Mar. 2, 1907...
Sanctioned by
House; pend-
ingin Senate
Awaiting con-
gress i n a ]
approval.
June 28, 1909..
Aug. 29, 19082.
Oct. 26, 1908 2..
Mar. 17, 1908 . .
Nov. 1909
Apr. 20, 1907 . .
Nov. 1909
Apr. 20, 1907 2.
Feb. 5, 1907...
Approved but
waits proc-
lamation.
Feb. 20, 1908..
Approved
Feb. 5, 1907...
Nov. 18, 19072.
Feb. 20, 1908 2,
Approved
Pending in
Congress.
May 11, 1907 . .
Not yet sanc-
tioned.
Pending in
Congress. 2
May 11, 1907..
Not sent to
Congress.
Awaiting con-
gress i o n a 1
approval, i
do.i
July 2, 19091.
(1)
Oct. 26, 19083
(0
Feb. 3, 1908...
Awaiting con-
gress i o n a 1
approval.
Dec. 7, 1907...
Julys, 1909..
Mar. 10, 1907 .
Oct. 26, 1908..
Nov. 1909 1 . . .
Apr. 19, 1907 3
June 15, 1907.
Nov. 1909
Apr. 19, 1907 .
Feb. 5, 19073.
Feb. 5, 1907..
June 10, 1907.
Feb. 20, 1908 . .
Approved
(1)
(■)
May 11, 1907 8.
Not sent to
Congress.
(')
Approved.
Mar.'20,'l9(
May 11, 1907...
Mar. 27, 1907 . .
Awaits Con-
gress i o n a 1
approval.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
1 Ratified Montevideo treaties.
2 Approved treaty of Mexico.
3 Approved treaties of Mexico.