24, 1888, Convening the American International Conference ; 2. List
of Delegates, Secretaries, and Attaches ; 3. List of Committees ; 4. Ex-
Senator Henderson and the Arbitration Project ; 5. Facsimile Copy of
the Amendments made by Mr. Blaine to the Argentine Plan of
Arbitration ; 6. Arbitration Plan of the Pan-American Conference as
reported by the Committee ; 7. Right of Conquest ; 8. Treaty of
Arbitration signed by the Delegates to the Pan-American Conference,
recommendation to European Powers to accept Arbitration, and re-
commendation on the right of conquest ; 9. Recommendation of
Reciprocity Treaties ; 10. Recommendation on Railway Communi-
cation ; II. Recommendation of the meeting of an American Inter-
national Monetary Commission ; 12. Censure from Mexican Press
and a Mexican Writer because a Mexican Delegate did not follow
in the footsteps of the Argentines ; 13. My answer to Senor Pierra
published in Las Novedades, of New York, of July 7, 1890.
I. ACT OF MAY 24, 1888, CONVENING THE AMERICAN INTER-
NATIONAL CONFERENCE.
An Act authorizing the President of the United States to arrange a Conference
between the United States of America and the Republics of Mexico, Central and South
America, Hayti, San Domingo, and the Empire of Brazil.
Beit enacted by the Senate and House of Representaves of the United States of
America in Congress assembled, That the President of the United States be, and he is
hereby, requested and authorized to invite the several Governments of the Republics
of Mexico, Central and South America, Hayti, San Domingo, and the Empire of
Brazil, to join the United States in a Conference to be held at Washington, in the
United States, at such time as he may deem proper, in the year eighteen hundred and
eighty-nine, for the purpose of discussing and recommending for adoption to their
respective Governments some plan of arbitration for the settlement of disagreements
and disputes that may hereafter arise between them, and for considering questions
relating to the improvement of business intercourse and means of direct communica-
tion between said countries, and to encourage such reciprocal commercial relations as
will be beneficial to all and secure more extensive markets for the products of each of
said countries.
Sec. 2. That in forwarding the invitations to the said Governments the President
of the United States shall set forth that the conference is called to consider : —
First. Measures that shall tend to preserve the peace and promote the prosperity
of the several American states.
Second. Measures toward the formation of an American customs union, under
which the trade of the American nations with each other shall, so far as possible and
profital)le, be promoted.
673
674 XTbe ipaii Hmerican Conference : BppenMy.
Third. The establishment of regular and frequent communication between the
ports of the bcveral American States and the ports of each other.
Fourth. The establishment of a uniform system of customs regulations in each
of the independent American States to govern the mode of importation and exporta-
tion of merchandise and port dues and charges, a uniform method of determining the
classification and valuation of such merchandise in the ports of each country, and a
uniform system of invoices, and the subject of the sanitation of ships and quarantine.
Fifth. The adoption of a uniform system of weights and measures, and laws
to protect the patent rights, copyrights, and trade-marks of citizens of either country
in the other, and for the extradition of criminals.
Sixth. The adoption of a common silver coin, to be issued by each Government,
the same to be legal tender in all commercial transactions between the citizens of all
the American States.
Seventh. An agreement upon and recommendation for adoption to their respec-
tive Governments of a definite plan of arbitration of all questions, disputes, and
differences that may now or hereafter exist between them, to the end that all difficul-
ties and disputes between such Nations may be peacefully settled and wars prevented.
Eighth. And to consider such other subjects relating to the welfare of the
several States represented as may be presented by any of said States which are hereby
invited to participate in said Conference.
Sec. 3. That the sum of seventy-five thousand dollars, or so much thereof as may
be necessary, is hereby appropriated, out of any money in the Treasury not otherwise
appropriated, the same to be disbursed under the direction and in the discretion of the
Secretary of State, for expenses incidental to the Conference.
Sf;c. 4. That the President of the United States shall appoint, by and with the
advice and consent of the Senate, ten delegates to said Conference, who shall serve with-
out compensation other than their actual necessary expenses, and the several other
States participating in said Conference shall be represented by as many delegates as
each may elect. Provided, however, That in the disposition of questions to come before
said Conference no State shall be entitled to more than one vote.
Sfx. 5. That the Secretary of State shall appoint such clerks and other assistants
as shall be necessary, at a compensation to be determined by him, and provide for the
daily publication by the Public Printer, in the English, Spanish, and Portuguese
languages, of so much of the proceedings of the Conference as it shall determine, and
upon the conclusion of said Conference shall transmit a report of the same to the
Congress of the United States, together with a statement of the disbursements of the
appropriation herein jirovided for.
Approved, May 24, 1888.
2. LIST OF DELEGATES, SECRETARIES, AND ATTACHES.
(Arranged in order of precedence, as determined by lot, November 20, 1889.)
President, James G. Blaine.
!H. Remsen Whitehouse,
Fidel G. Pierra,'
Jose Ignacio Rodriguez (succeeding Mr. Pierra).
Hayti. Nicaragua.
Delegates : Delegate :
Arthur Laforestrie,' Horacio Guzman.
Hannibal Price." Secretary:
Secretary : R. Mayorga.
H. Aristide Preston.
' Resigned February 14, 1S90. ' To March 5, i8go. ' From April i, i8go.
Xist of 3)elegates, Secretaries, ant) Bttacbes. 675
Peru.
Delegate :
Felix C. C. Zegarra.
Secretary :
Leopoldo Oyague y Soyer.
Jt/ac/t/ :
Manuel Elguera.
Guatemala.
Delegate :
Fernando Cruz.
Secretary :
Domingo Estrada.
AttacAe:
Javier A. Arroyo.
Uruguay.
Delegate :
Alberto Nin.
Secretaries :
Difinisio Ramos Montero,
Henry Dauber.
Colombia.
Delegates :
Jose M. Hurtado,
Carlos Martinez Silva,
Climaco Calderon.
Secretary :
Julio Rengifo.
Akgenti.ne Republic.
Delegates :
Roque Saenz Pena,
Manuel Quintana.
Secretaries :
Federico Pinedo,
Ernesto Bosch.
Costa Rica.
Delegate :
Manuel Arag6n.
Secretary :
Joaquin Bernardo Calvo.
Paraguay.
Delegate :
Jose S. Decoud.
Brazil.
Delegates :
Lafayette Rodrigues Pereira, '
J. G. do Amaral Valente,
Salvador de Mendon^a.
' Resigned
Secretaries :
Jose Augusto Ferreira de Costa,
Joaquim de F'reitas Vasconcellos.
Attach/s :
Alfredo de Moraes Gomes Ferreira,
Mario de Mendon9a.
Honduras.
Delegate :
Jeronimo Zelaya.
Secretaries :
E. Constantino Fiallos,
Richard Villafranca.
Mexico.
Delegates ■
Matias Romero,
Enrique A. Mexia.
Secretary :
Enrique Santibaiiez.
Boi IVIA,
Delegate :
Juan F. Velarde.
Secretary :
Melchor Obarrio.
Attache :
Alcibiades Velarde,
Mariano Velarde.
United States.
Delegates :
John B. Henderson,
Cornelius N. Bliss,
Clement Studebaker,
T. Jefferson Coolidge,
William Henry Trescot,
Andrew Carnegie,
Morris M. Estee,
John F. Hanson,
Henry G. Davis,
Charles R. Flint.
Secretaries :
Edmund W. P. Smith,
Edward A. Trescot.
Venezuela.
Delegates :
Nicanor Bolet Peraza,
Jose Andrade,
Francisco Antonio Silva.
Secretary :
Nicanor Bolet Monagas.
November 27, 18S9.
676 Ubc Ipan Bmerican Conference : HppenMj,
Chili.
Delegates :
Emilio C. Varas,
Jose Alfonso.
Secretaries .
Carlos Zanartu,
Paulino Alfonso,
Domingo Pefia Toro.
Salvador.
Delegate :
Jacinto Castellanos.
Secretary :
Samuel Valdivieso.
Attache :
J. Arrieta Rossi.
Ecuador.
Delegate :
Jose Maria Placido Caamano.
Secretary :
Antonio Eciieverria.
Executive Officer :
William Eleroy Curtis.
Disbursitig Officer :
Haughwout Howe.
Sergeants-at-Arms :
John G. Bourke, Captain, U. S. Army,
Henry R. Lemly, First Lieutenant
U. S. Army.
Surgeon :
H. C. Yarrow, Acting Assistant Sur-
geon, U. S. Army.
Consulting Engineer to the Committee on
Railway Communication :
George A. Zinn, First Lieutenant,
Corps of Engineers.
Official Interpreters :
Jose Ignacio Rodriguez,
Arthur W. Fergusson.
Publication Clerk :
Carlos Federico Adams-Michelena.
Translators :
Mary F. Foster,
Ambrosio J. Gonzalez,
Marathon M. Ramsey,
Jose R. Villalon,
J. Vicente Serrano,
Miss M. E. Torrence.
Official Stenographers :
Hudson C. Tanner,
Manuel Trillanes,
Mauro Duran,
Walter C. Bryne.
Stenographers :
John T. Suter, Jr.
Imogen A. Hanna.
3. LIST OF COMMITTEES
(Appointed December 13, 1889.)
Executive Committee.
Mr. Zegarra, First Vice-President, of Peru. Mr. Hurtado, of Colombia.
Mr. Romero, Second Vice-President, of Mr. Mendon^a, of Brazil.
Mexico. The President of the Conference, ex-
Mr. Bliss, of the United States. officio.
Secretary, William Eleroy Curtis.
Mr. Valente, of Brazil.
Mr. Henderson, of the United States.
Mr. Saenz Pena, of the Argentine Repub
lie.
Mr. Romero, of Mexico.
Committee 071 Customs Union.
Mr. Martinez Silva, of Columbia.
Mr. Alfonso, of Chili.
Mr. Guzman, of Nicaragua.
Mr. Bolet Peraza, of Venezuela.
Secretary, J. Vicente Serrano.
Xist of Committees. 677
Committee on Communication on the Atlantic.
Mr. Saenz Pena, of the Argentine Re- Mr. Mendon9a, of Brazil,
public. Mr. Decoud, of Paraguay.
Mr. Coolidge, of the United States. Mr. Laforestrie, of Hayti.
Secretary, Arthur \V. Fergusson.
Committee on Cornmunicatioii on the Pacific.
Mr. Caamano, of Ecuador. Mr. Castellanos, of Salvador.
Mr. Varas, of Chili. Mr. Mexia, of Mexico.
Mr. Estee, of the United States.
Secretary, Arthur W. Fergusson.
Committee on Communication on the Gulf of Mexico and the Caribbean Sea.
Mr. Aragon, of Costa Rica. Mr. Hanson, of the United States.
Mr. Guzman, of Nicaragua. Mr. Antonio Francisco Silva, of Vene-
Mr. Calderon, of Colombia. zuela.
Secretary , William Eleroy Curtis.
Committee on Railway Communications.
Mr. Velarde, of Bolivia. Mr. Andrade, of Venezuela.
Mr. Davis, of the United States. Mr. Caamano, of Ecuador.
Mr. Mexia, of Mexico. Mr. Zegarra, of Peru.
Mr. Cruz, of Guatemala. Mr. Varas, of Chili.
Mr. Zelaya, of Honduras. Mr. Quintana, of the Argentine Republic.
Mr. Castellanos, of Salvador. Mr. Nin, of Uruguay.
Mr. Carnegie, of the United States. Mr. Valente, of Brazil.
Mr. Aragon, of Costa F.ica. Mr. Decoud, of Paraguay.
Mr. Martinez Silva, of Colombia. Mr. Guzman, of Nicaragua.
Secretary, Arthur W. Fergusson.
Committee on Customs Regulations.
Mr. Nin, of Uruguay. Mr. Mendon9a, of Brazil.
Mr. Alfonso, of Chili. Mr. Davis, of the United States.
Mr. Romero, of Mexico. Mr. Aragon, of Costa Rica.
Mr. Calderon, of Colombia. Mr. Bolet Peraza, of Venezuela.
Mr. Flint, of the United States.
Secretary, Edmund W. P. Smith.
Committee on Port Dues.
Mr. Bolet Peraza, of Venezuela. Mr. Nin, of Uruguay.
Mr. Laforestrie, of Hayti. Mr. Mendon9a, of Brazil.
Mr. Varas, of Chili. Mr. Quintana, of the Argentine Republic.
Mr. Studebaker, of the United States. Mr. Guzman, of Nicaragua.
Secretary, Edmund W. P. Smith.
678 Cbc ipan=a!nericau Conference : BppenDij.
Comniittfi on Sanitary Res^ulations.
Mr. Ciuzman, of Nicaragua. Mr. Aiidrade, of Venezuela.
Mr. Valente, of Brazil. Mr. Laforcstrie, of Hayti.
Mr. Zegarra, of Peru. Mr. Nin, of Uruguay.
Mr. Hanson, of the United States.
Secretary, Henry K. I.enily, U. S. A.
Committee on Patents and Trade-Marks.
Mr. Decoud, of Paraguay. Mr. Calderon, of (Colombia.
Mr. Carnegie, of the United States.
Secretary, Ediiuiiid W. P. Smith.
Committee on Weights and Measures.
Mr. Castellanos, of Salvador. Mr. Studebaker, of the United States.
Mr. Antonio Francisco Silva, of Venezuela.
Secretary, Edmund W. 1'. Smith.
Committee on Extradition.
Mr. Zelaya, of Honduras. Mr. Saenz Pena, of the Argentine Re-
Mr. Trescot, of the United States. public.
Mr. Quintana, of the Argentine Republic.
Secretary, Jose Ignacio Rodriguez.
Committee on Monetary Convention.
Mr. Mexia, of Mexico. Mr. Coolidge, of the United States.
Mr. Estee, of the United States. Mr. Velarde, of Bolivia.
Mr. Martinez Silva, of Colombia. Mr. Zelaya, of Honduras.
Mr. Alfonso, of Chili.
Secretary, J- Vicente Serrano.
Committee on Banking.
Mr. Hurtado, of Colombia. Mr. Flint, of the United States.
Mr. Mendon9a, of Brazil. Mr. Arag(')n, of Costa Rica.
Mr. Varas, of Chili.
Secretary, Henry R. Eemly, U. S. A.
Commit/ee on International Law.
Mr. Cruz, of Guatemala. Mr. Alfonso, of Chili.
Mr. Quintana, of the Argentine Republic. Mr. Caamauo, of Ecuador.
Mr. Trescot, of the United States.
Secretary, Jose Ignacio Rodriguez.
/IDr. 1ben^er£?or^ an& tbe Brbitration iproject. 679
Comviiltce on General IVelfare.
Mr. Henderson, of the United States. Mr. Hurtado, of Columbia.
Dr. Quintana, of the Argentine Republic. Mr. Valente, of Brazil.
Mr. Velarde, of Bolivia. Mr. Cruz, of Guatemala.
Mr. Bolet Peraza, of Venezuela.
Secretary, Edmund \V. P. Smi'.h.
Committee on Rules.
Mr. Alfonso, of Chili. Mr. Romero, of Mexico.
Mr. Quintana, of the Argentine Republic. Mr. Castellanos, of Salvador.
Mr. Trescot, of the United States. Mr. Valente, of Brazil.
Mr. Caamaiio, of Ecuador.
Committee on Credentials.
Mr. Romero, of Mexico. Mr. Coolidge, of the United States.
Mr. Quintana, of the Argentine Republic.
4. EX-SENATOR HENDERSON AND THE ARBITRATION PROJECT
OF THE PAN-AMERICAN CONFERENCE.
From the N'orth American Review, April, iSg8.
In The North American Revieiv for September and October, i8go, I published a
paper on the Pan-American Conference, which had then just met, and wherein I tried
to give an idea of what took place in the same, from the point of view of one of the
Latin-American delegates, which I thought would be of interest for the government and
citizens of the United States, especially in case that at a future time a similar Conference
should be convened. In the second part of that paper, speaking about the arbitration
project reported by the Committee on General Welfare of that Conference, of which
ex-Senator Henderson, the first of the United States delegates, was the Chairman, I
mentioned the fact that said project was reported in the last session of the Conference,
and therefore too late for a fair discussion, and judging from what I had heard at the
time, especially from an Argentine delegate, member of the same Committee, and
from the natural disposition of Mr. Henderson to be deliberate and careful in anything
he does, I thought, and expressed it in rather harsh terms in the first edition of this
paper, that he was responsible for the delay of the Committee on General Welfare in
reporting to the Conference the arbitration project.
When my article was published, Mr. Henderson informed me that I had done
him an injustice, and that he was in no way responsible for that delay. I assured him
that I did not have any intention to be unfair with him or with anybody else connected
with the Conference, and that if he would do me the favor of writing a memorandum
of the case, I would publish it at once as a correction of my statement. He did not
do so at the time, and when I prepared a second edition of this paper, I begged of him
again to make his statement of the case, and he kindly sent me a letter dated on the
14th instant, containing the history of his connection with the arbitration project pre-
sented by the Committee of which he was chairman, with two annexes referred to by
him, all of which I am glad in justice to Mr. Henderson to append to this paper.
M. Romero.
Washington, February 24, iSgS.
68o XTbe pan*Bmerican Contcrence : Bppen&ij.
Washington, D. C, February 14, iSgS.
My Dear Mr. Romero :
In compliance with my promise to that effect, I herewith forward you a brief
explanation of the action of the Committee on General Welfare in the International
Conference on the subject of arbitration.
In February, 1S90, two plans for arbitrating controversies between the American
Republics were pending, one known as the plan of the Argentine and Brazilian dele-
gates, and the other as that of the United States.
The Argentine-Brazilian plan is enclosed, marked A. The plan offered by my-
self is enclosed and marked B.
At a meeting of the Committee, held on February 19, iSgo, it was unanimously
agreed that the general principle of arbitration for the settlement of disputes should be
accepted.
Dr. Quintana, of the Argentine Republic, then propounded the following propo-
sition to be voted on by the Committee, to wit : " Shall arbitration include all ques-
tions of controversy present and future ? "
The discussion which followed its introduction drew forth the admission of its
friends that its adoption was intended to operate as an approval of the principles
enunciated in the 5th, 6th, 7th, and Sth clauses of the Argentine-Brazilian scheme of
arbitration.
A declaration of this character was, of course, offensive to the representatives
from Chili ; and would necessarily make all the states, under any general plan of arbi.
tration, parties to the controversy between Chili on the one side and Peru and Bolivia on
the other. Its adoption, in my judgment, meant even more than this. It would sug-
gest an invitation to wage wars by pledging to the aggressor total immunity against
any possible loss of territory as the result of such wars.
My first object was to exclude the construction so palpably offensive to Chili. I
therefore moved to amend the proposition as follows, to wit : "Shall arbitration in-
clude all nezv questions of dispute which may arise after these articles shall be accepted,
whether growing out of disagreements, past or present?" The vote on this (my
amendment) was as follows :
Ayes — H enderson .
Noes — Cruz, Velarde, Hurtado, Quintana, Valente, Bolet Peraza.
When the Committee reached the question of the formation of the tribunals of
arbitration, I offered the plan embodied in the first four articles of the bill or ordi-
nance presented by me and herein referred to as B.
Ayes — Henderson and Hurtado.
Noes — Cruz, Velarde, Valente, Quintana, and Bolet Peraza.
Dr. Quintana then proposed the third and fourth articles of the Argentine-Bra-
ziliar plan, and his proposition was adopted by the same vote as the one last recorded,
the ayes and noes being of course reversed.
It will be seen that my views were entirely overruled, and that such was the
understanding of the Committee; and thereupon Mr. Velarde, of Bolivia, moved a
special committee, consisting of Quintana, Hurtado, and Cruz, " to put into shape
and form the articles voted upon." The Committee again met on February' 27, 1890,
to receive the report of the sub-committee. The secretary's report of the proceed-
ings of the Committee on this occasion reads as follows : " Mr. Quintana, Chairman
(of sub-committee), stated that, as it was understood that a plan would be presented
by the Honorable, the Secretary of State, on arbitration, to the various members of
the Committee on General Welfare, the sub-committee had deemed it advisable to
defer its report until said plan had been duly considered ; but his committee (sub)
■would endeavor to present its report before Mr. Henderson's departure for the
/IDr. IF^en^crson ant) tbe Hrbitratlon {project. 68 1
West." Immediately after this announcement Mr. Valente again called up the
Argentine-Brazilian plan, and moved that Articles 2, 6, 7, and 8 thereof be considered
and adopted.
I at once moved to amend Article 6 by inserting between the words " convey"
and " any " the words " to the offending nation." I also moved to amend Article 7
by striking out " the " between the words " to" and " hostilities " in the first line, and
in the fourth line of Article 7 to insert between the words " territory" and " they"
the words " to the offending nation." I also moved to amend the first line of Article
8 by striking out the word " whether" and inserting the word " when," and in the
same line to strike out the words "or the consequence" and insert the words "and
purpose." After long discussion the original resolutions, together with my amend-
ments as aforesaid, were referred to the sub-committee to be considered and reported
on as early as practicable.
If my motions had been adopted Section Six would have read as follows, to wit :
" Sixth. In cases of war a victory of arms shall not convey to the offending
nation any rights to the territory of the conquered."
And Section Seven would have read as follows, to wit :
" Seventh. The treaties of peace which put an end to hostilities may fix the pe-
cuniary indemnifications which the belligerents may owe to each other, but if they
contain cessions or abandonment of territory to the offending nation, they will not be
concluded," etc.
And Section Eight would have read as follows, to wit :
"Eight. Acts of Conquest, when the object and purpose of the war, shall be
considered to be in violation of the public law of America."
I now declare to you that the great delay of my Committee on General Welfare
to make report on the subject of arbitration was wholly and entirely caused by the
failure of this sub-committee to formulate the plan or scheme of arbitration for the
action of the Conference. Why this delay was adopted as the seeming policy of this
sub-committee I have no reason to assign. It was appointed on February 19th, and
did not report until April gth. This neglect is not, in any sense, chargeable to me.
I repeatedly called on Dr. Quintana and the other members of the Committee, both
before going to St. Louis and after my return, and urged immediate action in order
that ample time might be given to the Conference for consideration of so important a
subject. My views had been overruled and the whole subject removed from my
charge by the deliberate action of the Committee. Principles had been enunciated by
the Committee as the basis of action by the sub-commiltee to which I could never
give my assent. At my solicitation much of this objectionable matter was rejected and
thrown out by Mr. Blaine as wholly impracticable and impossible of acceptance by the
people of the United States. So far from Mr. Blaine's commanding or even request-
ing me or my colleagues to support the Argentine-Brazilian plan, he at all times con-
sidered it in its original form as wholly indefeasible, if not absurd.
Yours truly,
J. B. Henderson,
A. — PLAN OF ARBITRATION SUBMITTED BY THE MEMBERS FROM ARGENTINE AND
1
BRAZIL.
Considering, That the international policy of the American Conference should be
1 characterized by reciprocal principles and declarations of mutual security and respect
I among all the states of the continent ;
682 XTbc lI>an=Bmertcan Conterence : BppenMj.
That this feeling of security should be inspired from the very moment in which
the representatives of the three Americas meet for the first time, so as to show that
their acts and resolutions are in accordance with sentiments of mutual respect and
cordiality ;
The Conference being also desirous of giving assent to the principles which, to
the honor of the strong states, have been established by public law for the support of
the weak, and which are confirmed by the ethics of nations and proclaimed by hu-
manity, it is hereby declared :
First. That international arbitration is a principle of American public law, to
which the nations in this Conference bind themselves, for decision, not only in their
questions on territorial limits, but also in all those in which arbitration be compatible
with sovereignty.
Second. The armed occupation of the disputed territory, without having first re-
sorted to arbitration, shall be considered contrary to the present declarations and to
the engagements entered into thereby, but resistance offered to such act of occupation
shall not have the same character.
Third. The arbitration may take place in an unipersonal form whenever the
states agree to the election of only one arbitrator ; but if it takes place in a collective