It is not perceived that the provisions of article 17 of the treaty of 1846 have any application to the present case, as that article refers to the liberty of commerce and navigation to be enjoyed by the vessels of the United States and New Granada during the existence of any war in which either of the contracting parties may be engaged. The liberty of commerce and navigation enjoyed by vessels of the United States is not interfered with by the action of Colombia in refusing to permit the transit across her territory of the arms in question. Neither does such action constitute an infraction of article 35 of the treaty, which provides for the free transit across the Isthmus of produce, manufactures, or merchandise belonging to citizens of the United States. The arms referred to are circumstantially stated to be the property of the Nicaraguan Government. There appears to be no occasion for this Government to determine whether or not a state of war exists between Nicaragua and Colombia. My instruction of August 5 was not intended to justify the stoppage of the arms by the Colombian Government, but showed that under our treaty with Colombia we enjoyed no right to remonstrate against the stoppage, and therefore could not intervene in what appeared to be a question solely between Colombia and Nicaragua. It would evidently not be appropriate for this Government to express a judgment as to the merits of the case and take ground adversely to either party by declaring that the stoppage of the arms either was or was not rightful. I am, etc., ALVEY A. ADEE, ACCIDENT TO PRESIDENT ROOSEVELT. President Regalado to President Roosevelt. [Telegram.-Translation.] SAN SALVADOR, September 10, 1902. I express to Your Excellency the painful sentiments caused me by the occurrence that befell you, and I beg you to accept the expression of my sympathy for that unfortunate event. TOMAS REGALADO. President Roosevelt to President Regalado. [Telegram.] WHITE HOUSE, Washington, September 12, 1902. I thank you for your highly appreciated message of sympathy. THEODORE ROOSEVELT. PERSIA. RAILWAY CONSTRUCTION MONOPOLY IN PERSIA HELD BY No. 4.] RUSSIA. Mr. Griscom to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to inform you that in view of the many inquiries received at this legation in regard to the possibility of obtaining concessions for the construction and operation of railroads in Persia, I have recently put the question to the grand vizier and was informed by him that an agreement exists between the Persian and Russian Governments whereby no railroads shall be constructed in Persia excepting by Russians or the Russian Government for a period of ten years from the accession of the present Shah. This agreement has seven years still to run, wherefore it will be impossible for any of our citizens to obtain a valid railroad concession until the termination of this period. I am infinitely sorry for the untoward mishap, and happy to hear that injury is slight. Wish Your Excellency speedy recovery. MOUZAFFER ED-DINE. President Roosevelt to the Shah of Persia. [Telegram.] WHITE HOUSE, Washington, September 4, 1902. I thank Your Majesty for your solicitous message. THEODORE ROOSEVELT. 890 PERU. TEXT OF ARBITRATION PROTOCOL BETWEEN PERU AND No. 547.] BOLIVIA. Mr. Neill to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor of informing you that the Peruvian minister at La Paz, Bolivia, Dr. Felipe de Osma, has signed a protocol for the purpose of submitting to arbitration the pending questions between Peru and Bolivia. I have, etc., RICHARD R. NEILL. Mr. Hay to Mr. Neill. No. 278.] DEPARTMENT OF STATE, Washington, January 27, 1902. SIR: I have been gratified to receive your No. 547, of November 27 last, reporting the signing of a protocol between Peru and Bolivia submitting to arbitration the pending questions between the two countries. You will send to the Department a copy of the protocol when published. I am, etc., JOHN HAY. Mr. Neill to Mr. Hay. No. 572.] LEGATION OF THE UNITED STATES, SIR: Referring to my No. 547 of November 27 last, and also to the Department's instruction No. 278 of January 27 last, I am pleased to transmit herewith, as instructed, a copy of the protocol between Peru and Bolivia submitting to arbitration the pending questions between the two countries. I have, etc., [Inclosure.] RICHARD R. NEILL Treaty of arbitration between Bolivia and Peru-Official text. [From El Tiempo, Lima, December 12, 1901.] The President of the Republic of Bolivia and the President of the Republic of Peru, being desirous to draw closer the bonds which exist between the two States, by estab lishing arbitration in the relations of the two Republics, have for that purpose named as their plenipotentiaries: His Excellency the President of the Republic of Bolivia, Dr. Federico Diez de Medina, his minister of foreign relations, and His Excellency the President of the Republic of Peru, Dr. Felipe de Osma, his envoy extraordinary and minister plenipotentiary, who have concluded the following treaty of arbitration: ARTICLE 1. The high contracting parties pledge themselves to submit to arbitration all the controversies which have thus far been pending, and those which, while the present treaty is in force, may arise between them, whatever may be their nature and causes, provided that it has been found impossible to settle them by direct negotiation. ART. 2. In each case that may arise the contracting parties shall conclude a special agreement with a view to determining the subject-matter of the controversy, to fixing the points that are to be settled, the extent of the powers of the arbitrators, and the procedure to be observed. ART. 3. In case the high contracting parties do not succeed in agreeing on the points referred to in the foregoing article, the arbitrator shall be authorized to determine, in view of the claims of both parties, the points of fact and of law that are to be decided for the settlement of the controversy, and to establish the mode of procedure to be followed. ART. 4. The high contracting parties agree that the arbitrator shall be the permanent court of arbitration that may be established in virtue of the decisions adopted by the Pan-American Conference now sitting in the City of Mexico. ART. 5. For these two cases: (a) If the court referred to in the foregoing article shall not be created, and (b) if there is need of having recourse to arbitration before that court shall be created, the high contracting parties agree to designate as arbitrator the Government of the Argentine Republic, that of Spain, and that of the United Mexican States for the performance of this duty, one to act in case of the disability of the other, and in the order in which they are named. ART. 6. If, while the present treaty is in force, and in the two contingencies referred to in the foregoing article, different cases of arbitration shall arise, they shall be successively submitted for decision to the aforesaid governments in the order above established. ART. 7. The arbitrator shall further be competent: 1. To pass upon the regularity of his appointment, the validity of the agreement, and the interpretation thereof. 2. To adopt such measures as may be necessary, and to settle all difficulties that may arise in the course of the debate. Concerning questions of a technical or scientific character that may arise during the debate, the opinion of the Royal Geographical Society of London or that of the International Geodetic Institute of Berlin shall be asked. 3. To designate the time in which he shall perform his arbitral functions. ART. 8. The arbitrator shall decide in strict obedience to the provisions of international law, and, on questions relating to boundary, in strict obedience to the American principle of "uti possedetis" of 1810, whenever, in the agreement mentioned in article 2, the application of the special rules shall not be established, or in case the arbitrator shall (not ?) be authorized to decide as an amicable referee. ART. 9. The decision shall decide, definitely, every point in dispute, stating the reasons therefor. It shall be prepared in duplicate, and notice thereof shall be given to each of the parties through its representative before the arbitrator. ART. 10. The decision, legally pronounced, shall decide, within the limits of its scope, the contest between the parties. ART. 11. The arbitrator shall fix, in his decision, the time within which said decision is to be executed. ART. 12. No appeal from the decision shall be allowed, and its execution is intrusted to the honor of the nations that sign this treaty. Nevertheless, an appeal for revision to the arbitrator who pronounced it shall be admissible, provided that such appeal be taken before the expiration of the time fixed for its execution, in the following cases: 1. If the decision has been pronounced on the basis of a counterfeit document, or of one that has been tampered with. 2. If the decision has been, either in whole or in part, the consequence of a fact resulting from the proceedings or documents of the case. ART. 13. An appeal for revision shall in no case be required after six months from the time when notice of the decision shall have been given. ART. 14. The high contracting parties shall appoint their representatives for the proceedings, shall place at the disposal of the arbitrator all the information in their power, and shall pay their own expenses an done-half of the general expenses of the arbitration. ART. 15. The same arbitrator who pronounced the decision shall decide concerning such questions as may arise in the execution thereof. ART. 16. This treaty shall remain in force for ten years, reckoned from the date of the exchange of its ratifications. If no notice shall be given six months before its expiration of a desire for the cessation of its effects, it shall continue in force ten years longer, and so successively. ART. 17. The ratifications of this treaty shall be exchanged at La Paz or at Lima within one year from the day of its date. In testimony whereof, the undersigned have signed and sealed this treaty, prepared in duplicate, in the city of La Paz, on the 21st day of the month of November, 1901. FEDERICO DIEZ DE MEDINA. ADOPTION OF GOLD STANDARD IN PERU. Mr. Neill to Mr. Hay. No. 550.] * LEGATION OF THE UNITED STATES, SIR: * The law creating the gold standard in Peru was passed by Congress, and of which I herewith transmit copies and a translation. This decree also provides that the Government, as it thinks best, shall demonetize up to a million of silver soles and convert their value into Peruvian gold coins. Although this law was promulgated on the 14th instant, to-day, the 16th instant, the banks have not recommenced to pay out gold; perhaps they may do so in a few days. The President of the Republic: The gold standard. Whereas Congress has passed the following law: The Congress of the Peruvian Republic, exercising the attribute conferred by the ninth paragraph of article 59 of the constitution, has passed the following law: ARTICLE 1. The monetary unit in the Republic is the Peruvian gold pound. ART. 2. The Peruvian gold pound is a coined disk of twenty-two millimeters in diameter (0.022), composed of eleven parts gold and one of copper, the total weight of which is seven grams nine hundred and eighty-eight milligrams (7.988). Half-pound pieces shall be coined, which shall be made of the same alloy in disks of nineteen millimeters and three-tenths (0.0193 m.) and of the corresponding weight of three grams nine hundred and ninety-four milligrams (3.994 grs.). ART. 3. The silver and copper pieces coined according to the law of February 14, 1863, and article 7 of the law of December 30, 1872, existing in the Republic, shall be simply fractional parts of the pound, ten soles to each pound. ART. 4. The gold coin is the only legal tender for the payment of debts, and no one is obliged to receive more than one hundred soles in silver or more than ten cents in copper coins. ART. 5. Only the state has the right to coin money. Silver and copper money can only be coined by virtue of a special law which shall determine the amount. ART. 6. The coinage of gold is unlimited. The national mint shall receive all the gold offered for the purpose of being converted into national money. ART. 7. The introduction into the territory of the Republic of silver and copper coin whatsoever is prohibited, and persons wishing to import the same can do so by |