723.2515/1054: Telegram

The Ambassador in Chile (Collier) to the Secretary of State

74. My 73, October 15, 11 p.m. [a.m.] In special session of the Senate, Minister of the Interior and Minister for Foreign Affairs made speeches indicating willingness to accept reservations. Supporters of protocol astonished. Much recrimination and heated debate terminating in rumors of resignations which were actually tendered Monday morning by entire Cabinet. Speeches of Minister of the Interior and Minister for Foreign Affairs warmly praised by opponents of protocol. Monday morning’s papers all predicted great majority for reservations. Diario Ilustrado stated that from 20 to 25 Senators would insist on reservations and that effort was being made to secure unanimous action. It was evident that two-thirds at least would vote for reservations thus rendering ultimate approval without reservations absolutely impossible. Diario Ilustrado also said: “It is said that it was made known in the Senate that the Government has carried through a negotiation with that of Peru with regard to reservations through the United States as an intermediary.” Sunday’s change of sentiment was due to this and similar intimations. Inasmuch as vote was to be taken in a few hours and action would be affected by mistaken information based upon false [Page 515] report of our attitude I felt impelled to address personal note to Minister for Foreign Affairs stating that at his request I had cabled proposed reservations to you but had received no answer on account of your absence from Washington but that I feel “it is very doubtful that the Secretary of State would feel it proper for the American Government as the possibly future arbitrator to express any opinion as to the reservations or to advocate either their acceptance or rejection by Peru and I submit this information as further evidence of the absolute impartiality of the United States in this matter.”

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Reservations are as follows: Protocol and complementary act are approved, the following points however to be established previous to ratification as conditions of approval:

1st.
That they do not alter the faculties of sovereignty which the treaty of October 20, 1883, gave to Chile nor the force or scope of their exercise in the territory of Tacna and Arica during the celebration of the plebiscite.
2d.
That said agreements, the protocol and complementary act, do not affect either the existence and permanent effects of acts performed by Chile with respect to the said territories nor the efficacy of the treaty concluded with Bolivia on October 20, 1904 and additional conventions of that treaty.
3d.
That it is understood that the following form an integral part of the treaty of October 20, 1883, in everything relating to the plebiscite and its celebration namely; the antecedents which the high contracting party had in view in making it, the principles of public law of both countries, and the international usage and customs which obtained on the date when the plebiscite was stipulated and which are applicable to this kind of acts.

After some hesitation Izquierdo and Aldunate shortly before midnight Monday accepted posts of Minister of Interior and Foreign Affairs. Rest of Cabinet were persuaded to remain. New Cabinet appeared before Chamber of Deputies this morning and announced its program of one plank, to secure ratification of protocol. Great applause by members and gallery. Deputies voted for consideration in secret sessions without reference to Committee on Foreign Affairs. Long hard fight ahead to secure ratification without reservations. Those who support unqualified approbation believe they would have been much helped could you have obtained extension of time to exchange ratifications. At least 90 days needed owing to necessity of returning measure to the Senate and impossibility of cloture there. It is conservatively estimated this morning that of 116 deputies 38 oppose, 78 favor unqualified approbation, just two more than two-thirds.

Collier