Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1909

File No. 526/14–15.

Minister Combs to the Secretary of State.

American Legation,
Lima, April 27, 1909.

No. 223.]

Sir: I have the honor to enclose a copy of the recent protocol signed between Peru and Colombia for the settlement of the disorder in the region of the Putumayo, and claims and counter claims that have arisen from the dispute that exists over the boundary between the two countries.

It further provides for a renewal of the negotiations regarding the limitations of the frontier immediately after the decision of the arbitration now in progress at Madrid between Ecuador and Peru, and provides for an arbitration of the boundary question if it cannot be solved by negotiation.

I have, etc.,

Leslie Combs.

[Inclosure—Translation.]

The President of the Republic of Peru, Doctor Meliton F. Porras, Minister for Foreign Affairs, and H. E. the President of the Republic of Colombia, Mr. Luis Tanco Argaes, E. E. and M. P. to Peru, have agreed upon the following articles:

I.

The Governments of Peru and Colombia express their sentiments of regret for the events that have taken place in the region of the Putumayo during the past year and as evidence of their mutual satisfaction, agree to appoint, by means of a special convention, to be signed within a period of three months from the date on which the present agreement comes into force, an international commission to establish and examine the occurrences in the above mentioned region, and embody the result of their investigation in a report. If after this report is presented the two governments fail to agree regarding the responsibilities based upon such findings, the matter shall be submitted to arbitration. When the responsibility of those found guilty shall have been determined they shall after due process of law suffer the penalties provided therefor; moreover, adequate indemnity shall be paid to such as have suffered material losses, and to the families of the victims of the acts declared punishable.

II.

The Governments of Peru and Colombia agree to renew their negotiations regarding the delimitation of their, frontiers immediately after the decision has been rendered in the case now under arbitration in Madrid, in accordance with the treaty celebrated between Peru and Ecuador in 1887, and hereby likewise agree to resort to arbitration in case the should not succeed in arriving directly at a solution of their differences.

III.

If, within three months from the coming into force of this agreement, the King of Spain should have failed to render his decision in the arbitration between Peru and Ecuador, the two Governments hereby oblige themselves to celebrate a “modus vivendi” agreement with regard to the territories in dispute, so as to prevent in them the possibility of strifes or the clashes of interest between the citizens of the two respective countries.

IV.

With the intention of increasing the trade which exists between Peru and Colombia both in the Eastern region and on the coasts of the Pacific ocean, the two Governments have agreed to celebrate a treaty of commerce and navigation upon the basis of reciprocal convenience.

In witness whereof the present agreement is signed in a double copy, etc., etc.