[Translation.]
Mr. Pacheco to Mr. Seward.
No. 1.]
Department of Foreign Affairs of
Peru,
Lima,
January 20, 1866.
The idea of intimate union between the South American republics, although
not reduced practically to shape, as would be desirable, in a treaty
clothed with
[Page 658]
all international
solemnities, exists not only in various projects, but in the spirit and
heart of all the republics, and has for its foundation their most vital
necessities and their dearest interests.
In this conviction the undersigned, secretary of foreign relations of
Peru, has the honor to address himself to his excellency the secretary
of the like rank in the United States of America, for the purpose of
soliciting the adhesion of his government to the treaty of alliance,
offensive and defensive, made between Peru and Chili the twelfth of the
current month.
The undersigned, for this reason, invites the attention of his excellency
the Secretary of State of the United States of America to the contents
of the manifesto, which contains the reasons which induced Peru to
declare war against the Spanish government, and the despatch of this
date, which he has the honor to send with it.
The undersigned offers to his excellency the Secretary of State of the
United States of America the assurances of his high and distinguished
consideration, and has the honor to subscribe himself his very
respectful and obedient servant,
His Excellency the Secretary of State
of the United States of America.
[Translation.]
“El Peruano Extraordinario.”
Department of Foreign Relations,
Lima,January 14,
1866.
I, Mariano Ignacio Prado, provisional supreme head of the republic,
decree:
Only Article. The treaty of alliance,
offensive and defensive, concluded in this city the 5th December,
1865, by the respective plenipotentiaries of the republics of Peru
and Chili, is approved, and, in consequence, let the exchange of
ratifications have place.
The secretary of state for the department of foreign relations is
charged with the execution of this decree.
Given at the government house in
Lima, the 12th January, 1866.
MARIANO I. PRADO.
Treaty of alliance, offensive and defensive,
between Peru and Chili.
i, mariano ignacio prado, provisional supreme
magistrate of the republic.
Inasmuch as between the republics of Peru and Chili there has been
concluded in this capital, by their respective plenipotentiaries,
the 5th day of December, 1865, the following treaty of alliance,
offensive and defensive—
In the name of Almighty God: The republics of Peru and Chili, in
presence of the danger which threatens America, and of the violent
aggression and unjust pretensions with which the Spanish government
has begun to encroach on the dignity and sovereignty of both, have
agreed to conclude an alliance, offensive and defensive, for which
purpose they have appointed as plenipotentiaries ad hoc, on the part of Peru the secretary for foreign
relations, D. Toribio Pacheco, and on the part of Chili Señor Don
Domingo Santa Maria, who, having found their respective powers
sufficient, proceeded to form the present preliminary treaty.
Article I. The republics of Peru and Chili
agree upon the strictest alliance, offensive and defensive, between
them, to repel the actual aggression of the Spanish government, as
well as any other by the same government, which may have for its
object to attack the independence, the sovereignty, or the
democratic institutions of both republics, or of any other of the
South American continent, or which may have its origin in unjust
claims, considered as such by both nations, not embodied under the
prescriptions of the law of nations, nor decided in the form which
the same law determines.
Art. II. At this time and by the present
treaty, the republics of Peru and Chili bind themselves to unite the
naval forces which they have at disposal, or may hereafter have, to
combat with them the maritime Spanish forces which are or may be
found in the waters of the Pacific, whether blockading, as is
actually the case, the ports of one of the republics
[Page 659]
mentioned, or of both, as may happen,
or acting hostilely in any other way against Peru or Chili.
Art. III. The naval forces of both
republics, whether acting in Combination or separately, shall
obey—while the present war, brought on by the Spanish government,
may be maintained—the government of the republic in whose waters
such naval forces may be. The chief of highest grade, or, in case of
there being several of the like grade, the eldest among them who
shall be in command of either of the combined squadrons, shall take
command of them whenever said squadrons shall be acting combinedly.
Nevertheless, the governments of both republics shall confer by
mutual consent the command of the squadrons on the native-born or
the foreigner they may consider the most competent chief.
Art. IV. Each of the contracting republics
in whose waters the combined naval forces may be, on account of the
actual war with the Spanish government, shall pay the expenses of
every kind which the maintenance of the squadron or of one or more
of its vessels may make necessary; but, at the close of the war,
both republics shall appoint commissioners, one on either part, who
shall settle the definitive liquidation of the expenses incurred and
duly proven, and shall charge to each one-half of the sum total to
which such expenses may amount. In the liquidation they shall take
into account, that they may be estimated, the partial expenses
which, during the war, either republic may have made for the
maintenance of the squadron or one or more of its vessels.
Art. V. The contracting parties engage to
invite the other American nations to give in their adhesion to this
present treaty.
Art. VI. The present treaty shall be
ratified by the governments of both republics; and the ratifications
shall be exchanged in Lima in the space of forty days, or before, if
possible.
In faith whereof, the plenipotentiaries of both republics sign and
seal this present treaty.
Done at Lima the fifth of December, 1865.
[seal.]
T. PACHECO.
[seal.]
DOMINGO SANTA MARIA.
Thereupon, and this treaty having been approved by decree of this
date, I have ratified it, taking it as a law of the State, and
pledging the national honor for its observance.
In testimony whereof, I sign the present
ratification, sealed with the arms of the republic, and
countersigned by the secretary of state for foreign relations,
at Lima, on the twelfth day of the month of January,
of the year of our Lord one thousand eight hundred and sixty
six.
MARIANO I. PRADO.
T. Pacheco, Secretary
for Foreign Relations.
Act of exchange of the ratification of the
treaty of alliance, offensive and defensive, between
Peru and Chili.
The undersigned, Toribio Pacheco, secretary for foreign relations of
the republic of Peru, and Domingo Santa Maria, envoy extraordinary
and minister plenipotentiary of the republic of Chili, assembled at
the department for foreign relations in Lima, for the purpose of
exchanging ratifications of the treaty of alliance, offensive and
defensive, concluded at Lima the 5th of December, 1865, and after
having made communication of their respective full powers, found to
be in good and due form, carefully compared the two texts of the
treaty mentioned, and having found them to be exact and in
conformity themselves, and with the original, they completed said
exchange,
In faith whereof, the undersigned have
signed the present act of exchange and sealed it with their
respective seals, at Lima, the fourteenth day of
January, in the year one thousand eight hundred and
sixty-six.
[seal.] T. PACHECO.
[seal.] DOMINGO SANTA
MARIA.
[Untitled]
I, Mariano Ignacio Prado, provisional supreme magistrate of the
republic, considering that, independently of the especial reasons
which Peru has to require from the government of Spain reparation
for the grave injuries it has inflicted on her, it has been her duty
to regard, and does regard as her own, the question that government
has brought up against Chili, and, in consequence, has signed,
approved, and ratified a treaty of alliance, offensive and
defensive, between both republics, for the purpose of mutually
preserving themselves, and preserving America from the unjust and
violent aggressions of Spain—
DECREE.
Article I. The republic is declared to be
in a state of war with the Spanish government.
Art. II. The secretary for foreign
relations will take charge of communicating this declaration to
friendly nations, with a proper manifesto of the causes which have
given reason for it.
[Page 660]
The secretaries of state, each in his appropriate branch of duty, are
charged with the execution of this decree, and to make it public
with due solemnity.
Given at the government house in
Lima, the 14th January, 1866.
MARIANO I. PRADO.
JOSÉ GALVEZ, The Secretary of War and
Navy.
T. PACHECO, The Secretary of Foreign
Relations.
J. M. QUIMPAR, The Secretary of
Government.
J. SIEMON TEJEDA, The Secretary of
Justice.
M. PARDO, The Secretary of Finance and
Commerce.
[Untitled]
Chilian Legation,
Lima,
January 13, 1866.
Mr. Secretary: The undersigned, envoy
extraordinary and minister plenipotentiary of the republic of Chili,
has the honor to address himself to Don Toribio Pacheco, secretary
for the department of foreign relations, and to announce to him
that, by the steamer from the south, which anchored at Callao the
10th of this month, the undersigned has received, ratified with the
formalities which the constitution of the republic provides for, the
treaty of alliance, defensive and offensive, between Peru and Chili,
concluded and signed by your excellency and the undersigned on the
5th of December, of the year last past.
There now remains only that the like formality being complied with by
the Peruvian government, you indicate to the undersigned on what day
the exchange can be made before the expiry of the term limited for
it in the treaty.
The undersigned sends you herewith an authentic copy of the full
power which has been conferred on him.
He thinks, also, that it will be agreeable to the Peruvian government
to know that the Chilian congress gave its approval to the treaty of
alliance unanimously, and without discussion; in testimony, it may
be said that it accepted the union between the two republics as a
pledge of the safety of the indepenence of South America, and of the
enduring of the democratic institutions which prevail in it.
The undersigned has the honor to salute his excellency Mr. Pacheco,
and to assure him of the considerations of distinguished regard with
which he subscribes himself his obedient servant,
The Secretary of Foreign Relations
of Peru.
[Untitled]
The undersigned has read with complacent gratification the esteemed
communication that his excellency Señor Don Domingo Santa Maria has
done him the honor to address to him, communicating to him that, by
the steamer from the south, which anchored at Callao on the 10th
instant, Señor Santa Maria had received, ratified with all the
formalities prescribed by the constitution of the republic, the
treaty of alliance, offensive and defensive, concluded the 5th
December last.
It has been exceedingly satisfactory to the supreme magistrate and
his cabinet to see in the esteemed despatch of his excellency Señor
Santa Maria, the confirmation of reports which had already reached
the government concerning the eminently American manner, and as
fraternal as flattering for Peru, in which the congress of Chili
gave approval to the treaty.
This being approved and ratified by the supreme magistrate, the
undersigned will have pleasure in receiving his excellency Señor
Santa Maria to-morrow, Sunday, 14th, at one o’clock, to proceed to
the exchange of the ratifications, and thus place the seal to an
alliance which must be fruitful in happy consequences, not only for
Peru and Chili, but also for all America.
The undersigned congratulates himself that an opportunity so
agreeable offers to him the occasion to renew to his excellency
Señor Santa Maria the assurances of profound esteem and respect with
which he has the honor to subscribe himself his obedient, humble
servant,
His Excellency Don Domingo Santa Maria,
Envoy Extraordinary and Minister
Plenipotentiary of Chili.
