723.2515/2076: Telegram

The Secretary of State to the Ambassador in Peru (Poindexter)

[Paraphrase]

30. Both Chile and Peru have now accepted this Government’s good offices. Original offer, which has never been modified, embodied express understanding40 “that pending the consideration of any adjustment other than by the celebration of a plebiscite the authority of the Plebiscitary Commission and the general arrangement made by it for the holding of a plebiscite under the terms of the award shall be maintained unimpaired.” The present difficulty arises from the different interpretations the two parties give to this construction. Peru’s construction is that it imposes an immediate suspension of all plebiscitary proceedings including registration. Chile’s construction is precisely the opposite; that is, it guarantees that all proceedings, including registration, shall continue. Neither interpretation corresponds to the true intent and purpose of the offer which was, as it states, to the effect that Commission’s authority and the general arrangement for holding plebiscite should be maintained unimpaired so that it might be held should the negotiations prove fruitless. Nothing was said in the offer about suspension of plebiscitary activities, the Secretary of State having assumed that the proceedings in the plebiscitary area would, in event of acceptance of good offices, readily be adjustable to needs of the new situation by agreement on part of Chile [Page 363] and Peru. This agreement to be carried out through proper instructions to be given by Governments of Chile and Peru to their respective delegates on the Commission.

Accordingly, after receipt of acceptance of good offices, the Secretary of State suggested to both Governments that they issue appropriate instructions to their respective delegates looking to suspension of proceedings during the negotiations. It will be appreciated, therefore, that the only question remaining open now is whether, all things being taken into consideration, the plebiscitary activities now under way, including registration, should not be held in abeyance, pursuant to suggestion of the Secretary of State, during the negotiations.

As such suspension was not imposed by the offer of good offices and by its acceptance, it is clear that registration should proceed until some definite agreement is reached on the matter.

The Chilean Minister for Foreign Affairs has met with difficulty in reconciling Chilean public opinion to an immediate suspension of plebiscitary proceedings; but I am hopeful that this problem, which, after all is only incidental to main object with which all of us are concerned, will be solved within a few days to satisfaction of everyone. In meantime, you will please impress upon President Leguía and the Peruvian Minister for Foreign Affairs importance of taking no measures which could aggravate the situation and be of embarrassment to me in my efforts to bring about complete agreement regarding suspension. The direction the Peruvian Government gave to its member of the Commission to agree to suspension was, to that extent, a gratifying compliance with suggestion I made; but I am informed that Mr. Freyre has, in addition, ordered Peruvian members on the registration boards to withdraw and has refused to take part in registration proceedings. I presume that this action was taken on mistaken idea that offer of good offices and the acceptance imposed suspension of registration; in reality, as I have pointed out, a suspension can be effected only by agreement of the parties registered by Commission itself. Until agreement to that end is reached and a suspension can be authoritatively provided for, Peru’s refusal to participate in the registration interjects a new complication, seriousness of which I trust you will be able to obtain President Leguía’s cooperation, and that of Minister for Foreign Affairs, to minimize as far as possible.

Latest information from Chile is that I cannot expect a decision in matter before March 31, although Chilean Government has already authorized its Ambassador here to represent it in negotiations, contemplated by exercise of good offices. Peru has not yet definitely taken same step, although I note that she is disposed similarly to designate her Ambassador.

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In my opinion, you would do well to discuss present situation fully and with candor with both President Leguía and Minister for Foreign Affairs, and following your discussions I should be glad to have your report promptly.

Kellogg
  1. Quoted passage not paraphrased.