File No. 534/143.
Minister Stutesman
to the Secretary of State.
[Extract.]
American Legation,
La
Paz, November 26,
1909.
No. 405.]
Sir: I herewith beg to submit a report on the
late frontier question between Bolivia and Peru.
The controversy over the boundary between Bolivia and Peru is as old as
the Republics themselves. When they were both colonies of Spain the
limitations of their respective areas were not exactly defined, and the
contention has continued to the present time. There were several futile
attempts made to settle the matter, but not until December, 1902, was a
treaty signed by both Governments to submit the whole matter to a juris
arbitration. In November, 1903, before requesting the arbitrator to
accept that position, the treaty of Petropolis was signed, by which
Bolivia ceded to Brazil the territory north of parallel 11, Brazil
giving in exchange some territory and a money compensation.
In 1905, President Julio A. Roca, of Argentine, was named as the
arbitrator and the terms of the arbitration defined in the following
treaty. (Inclosure No. 1.)
President Roca turned the matter over, without decision, to his
successor, Hon. Manuel de la. Quintana, who also failed to make an
award, having died in office, thus leaving the matter in the hands of
the Hon. José Figueroa Alcorta, who, as vice president, succeeded to the
Presidency at the death of President Quintana. President Alcorta
reviewed the evidence and promulgated his decision July 9, 1909.
This award was received with angry disapprobation by the Bolivian people,
and hostile demonstrations ensued in various cities.
In La Paz, on the night of July 10, 1909, a large mob, composed mainly of
students and irresponsible persons, stoned the Argentine and Peruvian
legations, but without severely injuring anyone or doing any damage. The
next day—Saturday—there was a large parade of substantial citizens, and
many speeches were made in the Plaza Murillo by influential men, all of
them more or less inflammatory, except that of former President Pando,
who counseled moderation and caution. The same night a mob again
attacked the Argentine legation and forced Minister Fonseca to flee for
safety to the President’s palace. Sunday was quiet, but at night the
rioting was resumed, and several shops and business houses owned by
Peruvians
[Page 503]
were attacked and
looted. The cavalry finally dispersed the mob. The troops patrolled the
city for several nights thereafter, with an especial detail to guard the
Peruvian and Argentine legations, and no further outbreaks occurred.
President Montes was eager to reject the award entirely and sent a
circular letter to the prefects of the departments urging them to stand
by him and reflecting severely upon the President of Argentine. This was
indiscreetly disclosed by the prefect of Sucre, and as soon as it came
to the knowledge of the Argentine Government, Escalier, the Bolivian
minister, was requested to leave Buenos Aires within 24 hours. Bolivia
immediately made a similar request to Fonseca, the Argentine minister,
and he left La Paz the same day—July 21, 1909—by special train. Minister
Escalier had refused to accept President Alcorta’s invitation to attend
the formal promulgation of the decision, because he had advance
information that it was decidedly in favor of Peru. This was an
additional reason for requesting the recall of Escalier and the complete
severance of diplomatic relations with Bolivia. Escalier was not even
permitted to remain long enough to arrange some important business
matters, but was required to leave forthwith. He is now in Europe.
I was requested by the Argentine Government to take charge of the
legation, and after receiving the consent of the Bolivian Government and
instructions from your excellency, I formally took charge of the
archives and property July 22, 1909, and am still in possession.
When Congress convened on August 6, 1909, public opinion, inflamed by the
press, was generally hostile to any form of acceptance of the award, and
in his address President Montes further emphasized his position by
severe strictures of Argentine and President Alcorta. The address was
received with applause from the galleries and also from the members,
indicating the trend of public feeling at that time. In a day or two the
appointment of Gen. Pando as minister of foreign affairs was suggested,
but it was received with such storm of disapproval that his name was
withdrawn and Daniel Sanchez was appointed August 14, 1909.
On August 12, 1909, Eliodoro Villazón was inaugurated President. His
inaugural address was received coldly and without applause, while
retiring President Montes was wildly cheered and hailed as “the future
President of the Republic.”
Former President Pando was hooted and jeered when going from the Capitol
to the President’s palace after the inaugural exercises.
After that the public pulse became less feverish, the press comment less
inflammatory, and the Bolivian Government took up with Peru the matter
of a modification of the award, independent of Argentine.
At the outset of his administration a majority of the Congress were
decidedly hostile to President Villazón’s policy.
However, by the exercise of great tact and diplomatic skill by President
Villazón, and with the very able assistance of the secretary of foreign
relations, Bustamente, and former President Pando, negotiations were
carried on with Peru through the resident minister, Polo, which resulted
in a protocol, dated September 15, 1909, which formally accepted the
decision as made by the President of Argentine, without modification, in
the following terms: (Inclosure No. 2) and a second protocol, dated
September IT, which designated the boundaries
[Page 504]
of the disputed territory, as agreed upon finally
by Polo and Bustamente (Inclosure No. 3).
The matter was then submitted to Congress, and after a full discussion
and debate the vote was taken October 25, 1909, at 4.30 p.m., resulting
77 for and only 2 against ratification.
A mooted question for a hundred years has been finally and satisfactorily
settled and relations between these Republics have been established of
more enduring peace and friendship.
I have, etc.,
[Inclosure
1—Translation.]
Treaty of Arbitration “Juris”
José Manuel Pando,
Constitutional
President of the Republic of Bolivia.
Whereas, on the 30th day of the month of December 1902, there was
signed in this city, by Plenipotentiaries duly authorized, a treaty
of arbitration juris, with the Republic of Peru, in the following
terms:
The President of the Republic of Bolivia, and the President of the
Republic of Peru, anxious to arrange the question of limits which is
pending between the two States, have, with this object, named as
their Plenipotentiaries:
His Excellency the President of the Republic of Bolivia names Dr.
Eliodoro Villazón, his Minister of Foreign Relations;
And His Excellency the President of the Republic of Peru Doctor
Felipe Osma, his Envoy Extraordinary and Minister Plenipotentiary to
the Government of Bolivia, who, after having shown their full powers
and found them in due form, have celebrated, in conformity with the
second clause of the General Arbitration Treaty of November 21, of
the last year, the following:
- Article I. The High Contracting
Parties submit to the judgment and decision of the
Government of the Argentine Republic, as Arbitrator and
Judge of Right, the question of limits which is pending
between both Republics, with a view to obtaining a definite
and unappealable sentence, according to which all the
territory which in 1810 belonged to the jurisdiction or
district of the ancient “Audiencia de Charcas,” within the
limits of the “Virreinato de Buenos Aires,” by acts of the
ancient Sovereign, are of the Republic of Bolivia, and all
the territory which in that same date and by acts of equal
origin belonged to the “Virreinato de Lima,” are of the
Republic of Peru.
- Article II. It having been
arranged by the Treaty of September 23rd of the present
year, the demarcation and landmarking of the frontier that
begins within the Peruvian provinces of Arica and Tacna, and
the Bolivian province of Carangas, at the East, and up to
the snow line of Palomani, this section remains excepted
from the present Treaty.
- Article III. The Arbitrator in
pronouncing his decision, will conform to the laws of the
“Recopilacion de Indias,” Decrees and Royal Acts, the
Ordinances of the Intendentes, the diplomatic actions
relative to the demarcation of frontiers, maps and official
descriptions, and in general, to all documents that having
official character, had been dictated, to give the true
significance and execution to said Royal
dispositions.
- Article IV. Whenever the Royal
acts and dispositions do not define in a clear manner the
dominion of a territory, the Arbitrator will resolve the
question equitably, in accordance, as far as possible, with
their meaning as indicated by the spirit that prompted
them.
- Article V. The possession of a
territory by one of the High Contracting Parties, cannot be
opposed to nor be allowed to prevail against titles or Royal
dispositions to the contrary.
- Article VI. The High Contracting
Parties, as soon as the ratifications of this present Treaty
are exchanged, will solicit, simultaneously and through
their Envoys Extraordinary and Ministers Plenipotentiary,
from the Government of the Argentine Republic, the
acceptance of the charge of Arbiter,
[Page 505]
to assume the jurisdiction for the
understanding, substantiation and decision of the
controversy, and to establish the proceedings to be
followed.
- Article VII. One year after the
notice of acceptance, the Diplomatic Representatives
referred to, will present their expositions manifesting the
rights of their respective States, and the documents
supporting them or on which they are based.
- Article VIII. The said
diplomatic Agents will represent their Governments at the
trial, with all the necessary powers to exchange briefs,
offer proofs, present and amplify allegations, provide data
to clarify the disputed rights, and finally, to follow the
trial to the end.
- Article IX. Once the judgment is
given it will become effective from the moment it has been
communicated to the said Envoys Extraordinary and Ministers
Plenipotentiary of the High Contracting Parties. From that
moment the legal delimitation of territory between both
Republics will be held as definitely and rightfully
established.
- Article X. Whatever is not
specially arranged in this Treaty, will be subject to that
of November 21, 1901.1
- Article XI. The ratifications of
this Treaty, after it is duly approved and ratified by the
Governments and Legislatures of both States, will be
exchanged in La Paz or in Lima, without any delay.
In faith of which, the undersigned
sign and seal the present Treaty, made in duplicate, in the city
of La Paz, on the thirtieth day of the month of December
of the year one thousand nine hundred and
two.
(Signed.)
Eliodoro Villazón
. [
l. s.]
(Signed.)
Felipe de Osma.
[
l. s.]
[Inclosure
2—Translation.]
Protocol of September 15th, 1909.
In the city of La Paz, on the 15th day of September 1909, His
Excellency Hon. Solon Polo, E. E. & M. P. of Peru, and H. E.
Hon. Daniel Sanchez Bustameute, Minister of Foreign Affairs,
assembled in the Foreign Office of Bolivia, in the presence of the
Minister from Peru made known: that fulfilling the high charge that
was conferred on him by the Government of Peru and Bolivia, in the
special treaty of arbitration of the 30th of December 1902, His
Excellency the President of the Argentine Republic, by decree given
in Buenos Aires the 9th of July last, had fixed in a definite manner
and not admitting appeal the Peru-Bolivian frontier, from the river
Suches towards the North; that this transcendental act of the
illustrious Argentine ruler, closed forever the disagreeable
frontier dispute between Bolivia and Peru and opened a new period to
their mutual international relations, which under the noble aegis of
justice, will be in future even fraternally more cordial than in the
past.
His Excellency the Minister of Peru added, that it was not necessary
for the parties to estimate the result achieved in order to be able
to congratulate each other for the great success won by the
humanitarian and noble cause of arbitration in America, and Peru and
Bolivia will have the right to claim the honor of having shown so
high an example of political development as will enable two sister
nations to live side by side without fears or distrusts.
He finished, saying that he was persuaded that His Excellency the
Minister for Foreign Affairs of Bolivia and his illustrious
Government, with the intelligence and justice that characterizes
them, will appreciate in this way the result to which both countries
have arrived, and that he does not doubt they will manifest as he
has the honor to request, their complete accordance with the decree
given in Buenos Aires by His Excellency Doctor José Figueroa
Alcorta, the 9th of July last.
His Excellency the Minister of Foreign Affairs of Bolivia declared
that he had carefully noted the opinion expressed by His Excellency
the E. E. & M. P. of Peru, in the name of his illustrious
Government concerning the decree given in the frontier dispute the
9th of July last, at Buenos Aires by His Excellency the President of
the Argentine Republic, to whom the treaty of arbitration “juris,”
of the 30th of December, 1902, was delivered for his wise
judgment.
[Page 506]
He added that the Government of Bolivia had deemed it its duty to
present as it did through its E. E. & M. P. at Buenos Aires, for
the eminent consideration of the arbitrator, certain reservations
based upon juridical considerations, which are known to His
Excellency the Minister of Peru; that on the other hand he declared
also on several occasions that he would leave nothing undone to
continue the hearty relations which always have existed between the
Republics of Bolivia and Peru; that fortunately His Excellency the
Minister of Peru and his illustrious Government have understood the
sincerity of these declarations, thus opening the door to an
understanding which permits Bolivia and Peru to ensure the noble
principle of arbitration and maintain the traditional harmony
between the rights and interests of both countries.
In conclusion he gave, in the name of the Bolivian Government, the
assent solicited by His Excellency the Minister of Peru.
By virtue of which, His Excellency the Extraordinary Envoy and
Plenipotentiary Minister of Peru and His Excellency the Minister for
Foreign Affairs of Bolivia, sign the present Protocol in two copies
and seal them with their respective seals.
(Signed)
Solon Polo. [l. s.]
(Signed)
Daniel Sanchez
Bustamente
. [
l.
s.]
[Inclosure
3—Translation.]
Protocol dated La Paz, September 17,
1909.
Assembled in the Foreign Office of Bolivia on the Seventeenth of
September 1909, for the purpose of coming to an understanding in
regard to the decree rendered by H. E. the President of the
Argentine Republic, the ninth of July last, according to the special
Treaty of the 30th of December 1902, between the Governments of
Bolivia and Peru, the undersigned, Dr. Daniel Sanchez Bustamente,
Minister for Foreign Affairs, and Sr. Don Solon Polo, E. E. & M.
P. of Peru, have agreed as follows:—
I.
In order that the boundaries established by the Arbitrator may
conform as nearly as possible with the natural conditions of the
land, and with the convenience of both interested parties, the
Governments of Bolivia and Peru have resolved, by means of the
present pact, to effect the exchanges and concessions of lands which
by mutual agreement are considered necessary for the object sought,
namely, that the frontiers of each country may remain fixed in
accordance with the requirements of its security and any
misunderstanding in the future be avoided.
II.
Accordingly, the line of frontier between the territories of Bolivia
and Peru shall start from the point where the actual boundaries
coincide with the Suches river, shall cross the lake of the same
name and run by the mountains of Palomani-Tranca, Palomani-Kunka,
the summit of Palomani and the Yagua-yagua chain. Thence it will run
along the Huahara Larini and Ichocorpa mountains, following the line
of division of waters between the rivers Lanza and Tambopata as far
as the fourteenth degree South Latitude, and thence continue until
the same parallel meets the river Mosoj-Huaico or Lanza, the course
of which it will follow until its confluence with the Tambopata.
From the confluence of the Tambopata with the river Lanza the
boundary shall go to the Western sources of the river Heath and
following downwards as far as the river Amarumayo or Madre de Dios.
From the confluence of the Heath with the Madre de Dios there shall
be drawn a geodetic line, which, starting from the mouth of the
Heath will go to the West of the Illampu rubber settlement on the
river Manuripi and leaving this property on the side of Bolivia, the
boundary line shall go to the confluence of the Yaverija brook with
the Acre river, leaving as the definite and perpetual property of
Bolivia all the territory situated to the East of the said boundary
lines, and as the definite and perpetual property of Peru the
territory lying to the West of the same.
[Page 507]
III.
The High Contracting Parties bind themselves to exchange
ratifications of the present Treaty within thirty days of the date
thereof; and within six months both countries will name Boundary
Commissions to demarcate on the spot the frontier line in accord
with the above stipulations.
The personnel of these Commissions, as well as the instructions by
which they shall be guided, will be determined by special agreement
between the Governments of Bolivia and Peru, aiming at the greatest
possible speed compatible with the precision and accuracy of the
work.
Done in duplicate in the city of
La Paz on the seventeenth of September of the year
1909.
(Signed)
Daniel Sanchez
Bustamente.
(Signed)
Solon Polo.
