710.1012 Washington/18
The Secretary of State to the Ambassador in Brazil (Morgan)66
Sir: On February 18, 1928, the republics represented at the Sixth International Conference of American States at Habana, Cuba,67 passed a resolution, a copy of which is enclosed,68 declaring in favor of obligatory arbitration for the pacific settlement of international differences of a juridical nature. They also resolved to meet in Washington within the period of one year in a conference of conciliation and arbitration to draw up a convention for the realization of this principle with the minimum exceptions which they consider indispensable to safeguard the independence and sovereignty of states, as well as domestic questions, and also including matters relating to the interest or referring to the action of a state not a party to the convention.
The United States Government will be pleased to invite the other Governments of the Pan American Union to send delegates to such a conference. It is suggested that the conference be called to meet in Washington on December 10, 1928. This date will give ample time for the various countries to formulate their plans and prepare for the conference. The resolution further provides that each of the countries shall be represented at the conference by plenipotentiary jurisconsults with instructions regarding the maximum and the minimum which the nations they represent would accept with regard [Page 622] to obligatory arbitral jurisdiction. I suggest that not more than two delegates be named by each country. You are instructed to inform the Government of Brazil of these suggestions and to inquire if they are acceptable to that Government.
On the subject of conciliation you are undoubtedly aware that a Treaty to Avoid or Prevent Conflicts Between the American States (commonly known as the Gondra Treaty) was signed at Santiago, Chile, on May 3, 1923, by sixteen republics parties to the Pan American Union;69 viz., the United States, Cuba, Haiti, the Dominican Republic, Guatemala, Honduras, Nicaragua, Panama, Colombia, Venezuela, Brazil, Ecuador, Chile, Paraguay, Uruguay and Argentina. It was subsequently signed by Mexico. To date it has been ratified by the following states and the ratifications duly deposited at Santiago, Chile,—the United States, Mexico, Cuba, Chile, Haiti, Venezuela, Brazil and Paraguay. The information available to the Department indicates that the following nations have ratified the treaty but have not yet officially deposited their ratifications—Guatemala, Panama and Uruguay.
On March 29, 1928, at the invitation of the Acting Secretary of State, the diplomatic representatives of Uruguay, Panama and Colombia, as the three diplomatic agents longest accredited before this Government, met in the Department of State and organized the Permanent Commission to be established at Washington in accordance with Article III of this Treaty.70 The Minister of Uruguay was chosen as Chairman of this Commission.
The Gondra Treaty, similar to the Bryan Treaty which the United States has concluded with about eighteen countries,71 would seem to cover questions of conciliation; and, as you are probably aware, the last Pan American Conference adopted a resolution, a copy of which is enclosed, requesting all states parties to the Pan American Union to ratify this Treaty as quickly as possible.
I desire you confidentially and discreetly to obtain such information as may be possible with regard to the attitude of the Brazilian Government on the question of arbitration and conciliation. Brazil has ratified the Gondra Treaty and it would therefore seem as though that subject has been properly taken care of; but the Department desires to know the attitude of the Government of Brazil with regard to the arbitration of juridical questions.
I am [etc.]
- The same, mutatis mutandis, on the same date, to the chiefs of missions in Chile (No. 834), Cuba (No. 125), Haiti (No. 818), Mexico (No. 252), Paraguay (No. 417), Uruguay (No. 129), and Venezuela (No. 1237).↩
- See pp. 527 ff.↩
- For text of resolution, see circular telegram, June 19, to the chiefs of diplomatic missions in Latin America, p. 637.↩
- Foreign Relations, 1923, vol. i, p. 308.↩
- See pp. 644 ff.↩
- For Bryan treaties for the advancement of general peace, see Foreign Relations, 1914, index, p. 1130; 1915, index, p. 1328; 1916, index, p. 1007.↩