A neutral power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent power.

Compensation shall be paid by one party or the other in proportion to the material used, and to the period of usage.

23. The results which the conference reached upon the subject of neutral persons in the territory of belligerents was, as we have shown, rather limited. Important questions remained unsettled but it was indispensable to omit them in order to reach any general agreement. The articles adopted have no transcendent value from the point of view of a complete codification, although they clear up certain difficulties and convert into the form of written law certain commonly recognized principles.

The article in regard to railways -the only article saved in the chapter relating to foreign property is useful to nations with. land boundaries and is based on just terms, making the best equivalent for the necessities of war and in the interest and right of neutrals. Therefore, its acceptance brings great credit upon the delegation of Luxemburg. It is to be observed that the final redaction only relates to railway material coming from neutral states, belonging to the said states or to companies or private persons. It has no other purpose than to facilitate the return of the compensation or the payment for the use of the cars and locomotives of a country which may accidentally enter the other state through the occasions of ordinary traffic.

The foregoing brief review of propositions and principles, including some opinions contrary to the principles adopted in the conventions, will show not so much the irreconcilable disagreements which the conference encountered on this subject as the necessity of completing those principles and of solving the difficulties on another and more fruitful occasion.

24. From the rules adopted touching the rights and duties of neutral powers and persons in land warfare, the general comité de redaction drafted the convention which has given rise to this paper,

which convention is quoted herein textually together with the other agreements of the conference.

Having set forth and elucidated these matters, as they were considered and understood in the commissions and committees, it might now be appropriate to take up and consider the provisions of the convention in the light of recognized theories and of the practical cases which the diplomatic history of the principal nations of the world can show. As this, however, would greatly lengthen our paper, and is moreover within the reach of all the students of public international law, it seemed to us more interesting, because as yet not so well known, to give the internal history of the convention and what might be termed its international negotiation.

Nevertheless, we may state for the benefit of the readers who do not wish to make for themselves the comparative study of the theories and practice established up to this time, that the Second Peace Conference at The Hague, by its agreement on land neutrality, has done much to overcome the serious difficulties which have hitherto arisen, has adopted in each case the best theories, and has not departed from the progress already made except by improving upon it or clarifying some question. Would the same might be said of the labors of the conference in regard to the other problems submitted to it!

ANTONIO S. DE BUSTAMANTE.

THE CENTRAL AMERICAN PEACE CONFERENCE OF 1907 1

The Central American Peace Conference which met at Washington on November 14 and adjourned December 20, 1907, in accordance with the protocol between the Republics of Costa Rica, Salvador, Guatemala, Honduras, and Nicaragua, signed at Washington, September 17, 1907, is not only in accord with the general tendency of our times toward more helpful relations between neighboring nations, but is a direct outgrowth of a policy which has repeatedly led to similar conferences with a view to promote a better understanding and a more complete cooperation between the republics of Central America.

It was three centuries after its discovery by Columbus that Central America, or the Kingdom of Guatemala, severed the political ties which bound it to the mother country. On the 15th day of September, 1821, within a year after the separation from Spain, Central America was for a brief period annexed to Mexico under the Emperor Iturbide. The union with Mexico, however, was soon dissolved and the National Assembly which met in Guatemala on July 1, 1823, declared the unconditional independence of Central America, and later adopted the bases of a fundamental federal Central American constitution, which was duly promulgated at the City of Guatemala on November 22, 1824. The various constituent states also organized their respective state governments, and a federal government was duly inaugurated. It was, however, destined to be short lived.

1 The historical facts concerning the early attempts at union of the five Central American republics have been furnished by Mr. Francisco J. Yánes, Secretary of the International Bureau of the American Republics, and the account of the proceedings and results of the conference is based upon the Monthly Bulletin of the International Bureau of the American Republics for December, 1907, pages

1334-1373.

Owing in part to the inexperience of those who guided its destiny in the methods of federated representative government, in part to the dissatisfaction of some and the ambition of others, the first Central American Union ran its course within a few years. From 1838 to 1847 the various states withdrew from the Union, set up independent governments, and thereafter reaffirmed their complete separation by the promulgation of their respective national constitutions.

Nicaragua adopted its first constitution as an independent state in 1839. Since then there have been six other constitutions, the one in force being that of 1905.

Salvador became an independent commonwealth in 1839, and in 1856 assumed the title of a republic. Since the dissolution of the federal compact it has had six different constitutions, the first promulgated February 18, 1841, while the present constitution dates from August 13, 1886.

The constitution of Costa Rica, adopted on January 21, 1847, declared that Costa Rica, as one of the political entities of the Central American nation, was ready to reenter the federation whenever the other Central American states should negotiate another compact and agreement. Since 1847 Costa Rica has had the constitution of December 26, 1859, and that of December 7, 1871, which is now in force as amended in 1882, and subsequent dates.

Since the first constitution of Honduras, which was promulgated in 1848, there have been four other constitutions, the one now in effect being that of 1904.

Guatemala reaffirmed its separation from the Central American Union in 1851 in the "Constitutional act of the Republic of Guatemala," which was in force until January 29, 1855, when it was amended. On October 23, 1876, the so-called "Pro-Constitution of Guatemala" was framed by a constitutional convention held in the City of Guatemala. The constitution now in force was promulgated December 11, 1879, and put in operation March 1, 1880.

Notwithstanding the failure of the first federated Central American Republic, repeated efforts have been made to reestablish the Central American Union, so far without success. Scarcely had the first federation been dissolved, when in 1842 a convention composed

of the Republics of Nicaragua, Honduras, and Salvador met at Chinandega, Nicaragua, and invited Guatemala and Costa Rica to join in establishing a national government, but neither of these Republics accepted the invitation. Two years later this tripartite government succeeded in bringing about the peace between Guatemala and Salvador, which were at war, and in the treaty of friendship and alliance signed April 4, 1845, by the Salvadorean and Guatemalan representatives both countries agreed to appoint two delegates each, to meet at Sonsonate, Honduras, for the purpose of agreeing upon the establishment of a national Central American authority, clothed with the duty of maintaining internal peace and directing the foreign relations of the Union. These delegates were also directed to invite Honduras, Costa Rica, and Nicaragua to join in this movement. For various reasons, however, this plan failed of success.

The Diet which met at Nacaomé, Honduras, in 1847, marks another step looking towards Central American union. The purpose of the meeting was to unite Honduras, Salvador, and Nicaragua in a bond of mutual benefit for the purpose of insuring their peace and independence. The Diet recommended to Honduras, Salvador, and Nicaragua, to be represented in the Constituent National Convention to be held at Tegucigalpa, Honduras, August 1, 1848, or at any other city selected by the delegates, and the representatives of the three countries signed an agreement for the establishment of a provisional national government. This pact, to which Guatemala and Costa Rica were invited to become parties, looked toward a permanent alliance between the three signatory states, but this attempt at federation was also unsuccessful.

The same countries, however, met again at Leon, Nicaragua, on November 8, 1849, and through their delegates concluded a treaty by which it was stipulated that the "National Representation of Central America," consisting of two plenipotentiaries for each State, was to meet at the city of Chinandega, Honduras, to elect a president and vice-president for the united countries. Costa Rica and Guatemala were also invited to join in this movement. The dif ferences between Nicaragua and Great Britain on the Mosquito Coast question moved the three Central American countries to unite for mutual defense.