No. 463.
Mr. Phelps to Mr. Frelinghuysen.

[Extract.]
No. 42.]

Sir: I have the honor to transmit herewith a copy of the treaty of peace between Peru and Chili, as presented for ratification to the Chilian Congress; also, a supplemental protocol, both with translations.

[Page 731]

These have arrived by a chance steamer, making it probable that you will not receive copies by this mail from Dr. Logan.

Articles 4 to 10, both inclusive, relate to the disposition of the guano and nitrate of soda products of Peru, article 8 being a distinct repudiation of the mortgages resting upon the deposits in Tarapaca. The treaty appears to aim at a more explicitly expressed disregard of private rights than the protocol on which it is based.

The presentation of the treaty first in the congress of Chili is probably with a view to affect the action of the Peruvian assembly, thus called upon to consider it after the determination of the other body has been announced; there may be a further object connected with protests of other Governments.

The situation is embarrassing. The Government here not recognized, the treaty published in and by Chili only, and that Government represented here only by a diplomatic agent.

I have not determined how to meet the case* * *

Very respectfully, &c.,

S. L. PHELPS.
[Inclosure in 42. Translation from the Comercio of 20th December, 1883. Treaty of peace between Chili and Peru.]

In the memoir presented to the congress now assembled in Chili by the minister of foreign relations, and of which we have had an account by an express steamer arrived to-day, there is inserted the treaty of peace and friendship celebrated between that Republ c and Peru, as follows:

The Republic of Chili on the one part and the Republic of Peru on the other, being desirous of reinstating relations of friendship between both countries, have resolved upon celebrating a treaty of peace and friendship, and for the purpose have named and deputed as their plenipotentiaries the following: His excellency the president of the Republic of Chili appoints Don Jovino Novoa, and his excellency the president of the Republic of Peru, Don Jose Antonio Lavalle, minister of foreign relations, and Don Mariano Castro Zaldivar, who, after communicating their credentials and having found them to be in proper and due form, have agreed to the following articles:

Article 1. The relations of peace and friendship between the Republics of Chili and Peru to be re-established.

Art. 2. The Republic of Peru cedes to the Republic of Chili in perpetuity and unconditionally the territory of the littoral province of Tarapaca, the boundaries of which are, on the north the ravine and river Camarones, on the south the ravine and river Low, on the east the Republic of Bolivia, and on the west the Pacific Ocean.

Art. 3. The territory of the province of Tacna and Arica, bounded on the north by the river Sama from its source in the Corcilleras on the frontier of Bolivia to its mouth at the sea, on the south by the ravine and river Camarones, on the east by the Republic of Bolivia, and on the west by the Pacific Ocean, shall continue in the possession of Chili subject to Chilian laws and authority during a period of ten years, to be reckoned from the date of the ratification of the present treaty of peace.

After the expiration of that term a plebiscitum will decide by popular vote whether the territories of the above-mentioned provinces will remain definitely under the dominion and sovereignty of Chili or continue to form part of Peru. Either of the two countries to which the Provinces of Tacna and Arica may remain annexed, will pay to the other ten millions of Chili silver dollars or Peruvian soles of the same weight and fineness.

A special protocol, which will be considered as an integral portion of the present treaty, will prescribe the manner in which the plebiscitum is to be carried out, and the terms and time for the payment of the ten millions by the nation which may remain in possession of the provinces of Tacna and Arica.

Art. 4. In compliance with the stipulations of the supreme decree of February 9, 1882, by which the Government of Chili ordered the sale of one million tons of guano, the net proceeds of which, after deducting the expenses and other disbursements, as referred to in article 13 of said decree, to be divided in equal parts between the Government of Chili and those creditors of Peru whose claims appear to be guaranteed by lien on the guano. After the sale of the million tons of guano has been effected, referred to in the previous paragraph, the Government of Chili will continue payiug over to the Peruvian creditors CO per cent, of the net proceeds of guano, as stipulated [Page 732]in the above-mentioned Article 13, until the extinction of the debt or the exhaustion of the deposits now being worked.

The proceeds of deposits or beds that may be hereafter discovered in the territories that have been ceded will belong exclusively to Chili.

Art. 5. If, in the territories that remain in possession of Peru, there should be discovered deposits or beds of guano, in order to avoid competition in the sale of the article by the Governments of Chili and Peru, the two Governments, by mutual agreement, will first determine the proportion and conditions to which each of them binds itself in the disposal of the said fertilizer.

The stipulations in the preceding paragraph will also be binding in regard to the existing guano now known and which may remain over in the Lobos Islands when the time comes for delivering up these islands to the Government of Peru, in conformity with the terms of the ninth article of the present treaty.

Art. 6. The Peruvian creditors, to whom may be awarded the proceeds stipulated in Article 4, must submit themselves, in proving their titles and in other procedures, to the regulations stated in the supreme decree of February 9, 1882.

Art. 7. The obligation which the Government of Chili accepts, in accordance with the fourth article, to deliver over 50 per cent, of the net proceeds of guano from the deposits now actually being worked, will be carried out whether the work be done by virtue of the existing contract for the sale of one million tons or through any other contract, or on account of the Government of Chili.

Art. 8. Beyond the stipulations contained in the preceding articles, and the obligations that the Chilian Government has voluntarily accepted in the supreme decree of March 28, 1882, which relates to the saltpeter works in Tarapaca, the said Government of Chili will recognize no debts, whatever their nature or source, that may affect the new territories acquired by virtue of this treaty.

Art. 9. The Lobos Islands will remain under the administration of the Government of Chili until the completion of the excavation from existing deposits of the million tons of guano, in conformity with articles 4 and 7. After this they will be returned to Peru.

Art. 10. The Government of Chili declares ‘hat it will cede to Peru, to commence from the date of the constitutional ratification and exchange of the present treaty, the fifty per centum pertaining to Chili(?) from the proceeds of the guano of the Lobos Islands.

Art. 11. Pending a special treaty to be entered upon, mercantile relations shall be maintained on the same footing as before the 5th April, 1879.

Art. 12. Indemnities due by Peru to Chilians, who may have suffered damages on account of the war, will be adjudged by a tribunal of arbitration or mixed international commission, to be appointed immediately after the ratification of the present treaty, in the manner established by conventions recently adjusted between Chili and the Governments of England, France, and Italy.

Art. 13. The contracting Governments recognize and accept the validity of all administrative and judicial acts during the occupation of Peru arising from the martial jurisdiction exercised by the Government of Chili.

Art. 14. The present treaty to be ratified and the ratifications exchanged in the city of Lima, so soon as possible during a period not exceeding one hundred and sixty days, to be reckoned from this date.

In testimony whereof the several plenipotentiaries have signed this in duplicate and affixed their private seals.


[l. s.]
JOVINO NOVOA
,
[l. s.]
J. A. DE LAVALLE
.
[l. s.]
MARIANO CASTRO ZALDIVAR
.

Supplementary Protocol.

In the city of Lima, the 20th October, 1883, assembled Messrs. Don Jovino Novoa, envoy extraordinary and minister plenipotentiary of the Republic of Chili; Don José A. de Lavalle, minister of foreign relations of Pern, and Don Mariano Castro Zaldivar, both plenipotentiaries ad hoc of the Government of his excellency General Don Miguel Iglesias, for the adjustment of the treaty of peace between the Republics of Chili and Peru, and acting in accordance with the powers conferred upon them by their respective Governments, as laid down in their letter of credence and special instructions, which have been examined and approved as sufficient for the celebration of the contract of peace signed on this day, have proceeded also to frame the following supplemental protocol to the treaty of peace between the Republics of Chili and Peru, signed hi Lima on this date: [Page 733]

  • Article 1. Pending the completion of the treaty of peace subscribed in Lima on this date, through its ratification by the Peruvian congress, the Republic of Chili is authorized to maintain an army of occupation in such part of Peruvian territory as the general-in-chief may deem necessary, it being always understood that the forces composing said army may not hinder or obstruct in any manner whatever the free and full exercise of rightful jurisdiction by the national authorities of Peru.
  • Art. 2. To defray in part the expenses occasioned to the Republic of Chili by the maintenance of an army of occupation, the Government of Peru will pay monthly to the general-in-chief of said forces, to commence from the date of this protocol, the sum of 300,000 dollars in silver, to be deducted, the first in order, from the national income of Peru.
  • Art. 3. Provisions and equipments of any nature whatever that the Government of Chili may remit to her army during the existence of the occupation will be passed in the custom-houses of Peru free of all fiscal or municipal duty, and their dispatch will be effected without farther provision than the presentation of the necessary manifest with the vizae of the general-in chief.
  • Art. 4. The headquarters of the Chilian army may use all the telegraph lines belonging to the state, free of charge, on condition that all telegrams are “vizéd” by the secretary of the general in chief, or signed by the minister plenipotentiary of Chili.
  • Art. 5. The headquarters of the army of occupation may also use the railroads upon the same terms and conditions that the Government of Peru may use them, by virtue of the several contracts entered into with persons or companies working them.
  • Art. 6. While the general in chief of the army of occupation may deem it indispensable, the hospitals “Dos de Mayo” and “Sante Sofia” of this city will remain at the service of his army, with the right to place in said establishments a military garrison for the preservation of order and cleanliness.

In testimony whereof the above-mentioned plenipotentiaries have signed in duplicate the present protocol and sealed with their respective seals.

(l. s.)
JOVINO NOVOA
.
(l. s.)
J. A. DE LAVALLE
.
(l. s.)
MARIANO CASTRO ZALDIVAR
.