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.
[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.
Done in Lima
the 20th day of
October, in the year of our Lord one thousand eight hundred and
eighty-three.
[
l. s.]
JOVINO
NOVOA
,
[
l. s.]
J. A.
DE LAVALLE
.
[
l. s.]
MARIANO CASTRO ZALDIVAR
.
