File No. 332/46A.
The Secretary of State to the Honduranean Chargé.
Washington, February 8, 1907.
Sir: In your conversation with me yesterday you were pleased to inform me, on behalf of Honduras, of the readiness of that Government to enter into the necessary arrangements for carrying out the provisions of the treaty signed on the Marblehead July 20, 1906, and of the later general treaty of amity between Salvador, Guatemala, and Honduras, signed at San Jose September 24, 1906, in relation to the arbitration of actual and future differences existing or arising between the contracting Governments.
The treaty stipulations in regard to this matter are as follows:
Convention signed on the Marblehead July 20, 1906:
Article 5. If, contrary to expectations, any one of the High Contracting Parties should fail in the future in any of the points agreed upon in this treaty, or should give cause for new differences, these shall be submitted to arbitration, their excellencies the Presidents of the United States of America and of the United States of Mexico being hereby designated as arbitrators, to which arbitration shall also be submitted the recent actual difficulties between Guatemala, El Salvador, and Honduras.
Convention signed at San Jose (general treaty of amity) September 24, 1906:
Article 3. The Governments of Salvador, Guatemala, and Honduras, in conformity with the stipulations of the treaty executed on board the Marblehead, hereby appoint as umpires their excellencies the President of the United States of America and of the United Mexican” States, to whom all particular difficulties arising among said Governments shall be submitted for arbitration.
For the purpose of agreeing on the manner in which to effect such arbitration, the above-mentioned Republics shall accredit, at the latest within three months from this date, their respective legations near the Governments of the United States of America and Mexico, and in the meanwhile arbitration shall be ruled according to the stipulations of the treaty of compulsory arbitration concluded in Mexico on the 29th of January, 1902.
In order to make these engagements effective it would appear to be necessary—
In the first place, to insure the acceptance, in principle, by the Presidents of the United States and Mexico of the contemplated arbitral function.
[Page 615]In the second place, for the three contracting Central American States to agree with the Governments of the United States and of Mexico touching the manner in which to effect such arbitration.
It may be permissible to suggest that, as the first step, the three Central American Governments named should address coincident or identic communications through the diplomatic channel to the President of the United States and likewise to the President of Mexico, requesting them to indicate their willingness to accept the office of arbitrator if and when occasion therefor shall arise.
The acquiescence of the respective Presidents having been obtained, the next step would be to bring about a consultation of the diplomatic representatives of the three named Central American States and of the United States and Mexico, at Washington or at the City of Mexico, as may be found most convenient, for the purpose of drawing up a protocol setting forth the manner in which any question now existing or which may arise between any two or all of the named Central American States shall be submitted for determination to both or either of the arbitrators thus designated.
I shall take the liberty of writing in a similar sense to the minister of Guatemala in this capital, and to the representative of Salvador; and I shall further communicate the substance of your oral inquiry and of this reply to the Government of Mexico for the information of President Diaz.
Accept, etc.,