ARTICLE 5. As soon as the arbitrator's decision has been given and officially published by His Majesty's Government, it shall become executory, and its decisions obligatory as regards both parties.

ARTICLE 6. Although both of the contracting parties feel perfectly convinced that His Catholic Majesty will graciously accept the post of arbitrator which is offered to him, they nevertheless from this moment appoint as arbitrators in case of refusal His Excellency the President of the French Republic, or His Majesty the King of the Belgians, or the Swiss Federal Council, in the order in which they are named, so that they may perform the duty in accordance with what is laid down in the preceding articles.

ARTICLE 7. The expenses incurred by the arbitrator in the pursuance of the proceedings shall be paid by the contracting governments, each one paying the half of the sum to which the said expenses amount.

ARTICLE 8. The present treaty shall be ratified by the Congress of Peru, and by that of Colombia, and the ratifications shall be exchanged in the shortest possible time.

In witness whereof the plenipotentiaries of the high contracting parties have signed the present treaty in duplicate, and have sealed it with their private seals, in Lima, on the 6th day of the month of May of the year 1904.

[L. S.] [L. S.]

JOSÉ PARDO.
LUIS TANCO ARGÁEZ.

[Inclosure 2.- -Translation.]

The governments of Peru and of Colombia, with a view to carry out in practice the intentions of the fraternal arrangement which brought about the celebration of the treaty of arbitration relative to the boundaries, signed under this day's date, and to insure harmony between the two countries bound together by so many friendly ties, have decided to submit the possession of the rivers claimed by Peru and by Colombia to an equitable arrangement, and for this purpose have appointed as plenipotentiaries:

His Excellency the Second Vice-President of the Republic of Peru, in charge, of the executive power, has appointed Dr. José Pardo minister for foreign relations, and

His Excellency the President of Colombia has appointed Don Luis Tanco Argáez envoy extraordinary and minister plenipotentiary of Colombia in Peru; Who, after exhibiting their full powers, which were found to be in due and correct form, have agreed to the following:

First. The governments of Peru and of Colombia will maintain the same authorities that they have at the present moment installed on the rivers Napo, and Yapurá, or Caquetá, respectively, and will retire all the others that they may have in the remainder of the territory in dispute.

Second. If later circumstances should require the establishment on the River Putumayo, or in any part of the aforesaid territories in dispute, of a fiscal or police system, this shall be done by mutual consent between the governments of Peru and of Colombia either by fixing the zones to be occupied provisionally by either party or by the establishment of joint authorities.

Third. In consequence of the amicable and equitable features of this arrangement it is understood that the conditions for commercial traffic shall be identical both for Peruvians and for Colombians.

Fourth. The boundaries fixed for the zone which remains outside of the exclusive authority of Peru and of Colombia, and, generally speaking, the terms of this agreement, can not be invoked against the rights which each country claims in the arbitration already agreed upon.

Fifth. The governments of Peru and Colombia bind themselves not to innovate in any way the régimen established by this agreement for the zone in dispute.

In witness whereof they sign the present in duplicate and seal it with their private seals, in Lima, on the 6th day of the month of May of the year 1904.

[L. S.]

[L. S.]

JOSÉ PARDO.
LUIS TANCO ARGÁEZ

DISPLAY OF THE PERUVIAN FLAG ON

ANNIVERSARIES OF

OTHER NATIONS AND AS A SIGN OF CONDOLENCE UPON THE DEATH OF CHIEFS OF OTHER STATES.

No. 950.]

Mr. Dudley to Mr. Hay.

AMERICAN LEGATION,

Lima, Peru, July 8, 1904.

SIR: I have the honor to forward herewith a copy and translation of a note from the Peruvian foreign office, inclosing a certified copy of a supreme decree of the 28th ultimo, also herewith inclosed in copy, providing upon the basis of reciprocity for the raising of this nation's flag on the Palace of Government upon the anniversaries of other nations, and the half-masting of the flag in sign of condolence upon the death of the chiefs of other States, and the attendance in such case of public functionaries at the memorial services in this country, under whatever rites held.

It has heretofore happened that the President of Peru has felt obliged by the constitutional provision and the law respecting the protection of the established church and the prohibition of any other public worship to refrain from attending memorial services held in a non-Roman Catholic church. The law remains the same; the decree merely evidences a more liberal-minded construction and is in the direction encouraged by the Department in its instructions to this legation.

I have, etc.,

[Inclosure. Translation.]

IRVING B. DUDLEY.

FOREIGN OFFICE,
Lima, July 7, 1904.

The minister for foreign affairs presents his compliments to his excellency the envoy extraordinary and minister plenipotentiary of the United States of America, and has the pleasure to inclose herewith an original copy of the supreme decree issued on June 28 last, which establishes reciprocity in the official ceremonies of congratulation or condolence, in view of the manifestations of mourning shown in some countries of America in consequence of the death of his excellency the late President Candamo.

Mr. Alberto Elmore avails himself of the opportunity to reiterate to Mr. Irving B. Dudley the assurances of his high and distinguished consideration.

The supreme decree, No. 64, of February 19, 1891, being founded upon the convenience of adopting a system of reciprocity similar to that laid down in other countries of America as regards the official ceremonies for congratulation or condolence, and as it is necessary to modify the said resolution on behalf of that same reciprocity, in view of the special mourning ceremonies decreed in some countries of America by reason of the death of the first magistrate of the Republic, it is resolved:

First. That on the national anniversaries of the countries which observe toward Peru the same courtesy, the national ensign shall be hoisted at the Government Palace and at the public offices connected with it.

Second. That in cases of mourning for the heads of the Government of the said countries the national ensign shall be hoisted at half-mast at the Government Palace and at the above-mentioned offices, and the Government officers or functionaries of state may attend the funeral services, which, in accordance with their respective rites, may be performed for the aforesaid reason. Let it be registered, published, circulated among the members of the diplomatic corps resident in Peru.

SIR: I have to acknowledge the receipt of your No. 950 of the 8th ultimo, inclosing a certified copy of a supreme decree providing, upon the basis of reciprocity, for the raising of the Peruvian flag on the Government Palace upon the anniversaries of other nations, and the half-masting of the flag in sign of condolence upon the death of the chiefs of other States, and the attendance in such case of public functionaries at the memorial services held in Peru under whatever rites held.

In reply I have to say that if literal and technical reciprocity is contemplated the fact could not be evidenced in the absence of any statute of the United States of the nature of that adopted by Peru. The tributes shown by this Government on occasion of the death of the chief of a friendly State are within the discretion of the Executive. As a matter of fact the President has often attended the memorial services held in the national capital on the death of a foreign sovereign or president, and, indeed, the President has frequently attended at the funeral services of foreign diplomatic agents who have died in the United States.

There have been instances when the flag on the White House has been half-masted as a sign of condolence; but there is no prescribed rule for such action. It has not been the custom here to make display of the national flag on the White House upon the State anniversaries of other nations, and any rule to that effect would be without significance, inasmuch as the Executive flag is flown every day while the President is in the capital, as it is also displayed daily on all Government buildings.

The sentiment of international friendliness which finds expression in the Peruvian law is appreciated to the full.

I am, etc.,

ALVEY A. ADEE,

Acting Secretary.

Mr. Dudley to Mr. Hay.

No. 978.]

AMERICAN LEGATION, Lima, Peru, August 29, 1904.

SIR Referring to the Department's 337 of the 3d instant, I have the honor to say that while the raising of the Peruvian flag for other

nations under the supreme decree of June 28, 1904, is nominally upon the basis of reciprocity, the Peruvian foreign minister mentioned to me last month, at this legation's Fourth of July celebration, that it was not the purpose ordinarily to inquire into the fact of reciprocity.

CONVENTION FOR THE ARBITRATION OF ALTO JURUÁ AND ALTO PURÚS CLAIMS.a

Mr. Neill to Mr. Hay.

No. 1004.]

AMERICAN LEGATION, Lima, Peru, October 29, 1904.

SIR: With reference to previous correspondence upon the subject of the State of Peru's relations with the neighboring States, I have the honor to report Congress approved, in a secret session held on the 28th instant, a treaty entered into with Brazil for the settlement, by means of arbitration, of the Peruvian and Brazilian claims arising out of the different encounters between one and the other on the eastern frontier of the Republic since the year 1902.

I have, etc.,

a See also under Brazil, p. 109.

RICHARD R. NEILL.

PORTUGAL.

NEUTRALITY OF CHINA IN THE WAR BETWEEN RUSSIA AND

JAPAN.

Mr. Hay to Mr. Bryan.

[Telegram.—Paraphrase.]

DEPARTMENT OF STATE, Washington, February 10, 1904.

(Mr. Hay instructs Mr. Bryan to consult the Portuguese Government in regard to the possibility and desirability of an arrangement between the neutral powers to use their good offices with Russia and Japan for the purpose of inducing them to respect China's neutrality and administrative entity as far as possible, limiting and localizing the area of hostile operations, to minimize the disturbance and excitement of the Chinese people and the injury to commerce and to the peaceful intercourse of the world. If no opposition to this proposition is offered he is instructed to suggest that the representatives of Portugal at St. Petersburg, Tokyo, and Peking be instructed in this sense.)

Mr. Bryan to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION, Lisbon, February 16, 1904.

(Mr. Bryan reports that the Portuguese Government most cordially concurs in the proposals of the United States Government, contained in telegram of the 10th instant.)

Mr. Bryan to Mr. Hay.

No. 60.]

AMERICAN LEGATION, Lisbon, February 17, 1904.

SIR: I have the honor to report that immediately on receipt of your cable instructions directing me to consult the minister for foreign affairs with the view of securing the good offices of Portugal with Russia and Japan, in order that the neutrality of China may be respected by them, I hurried to the foreign office. Informed that the minister had gone to northern Portugal for several days' sojourn, I followed him there, and secured his approval of your proposals, subject to the King's acquiescence. To obtain this royal consent the