Mr. Strobel to Mr.
Olney.
Legation of the United States,
Santiago, May 9, 1896.
(Received June 12.)
No. 88.]
Sir: I have the honor to inclose copy and
translation of a protocol signed here on April 17 last by the Argentine
minister and the Chilean minister of foreign relations, and published in
the official journal (Diario Oficial) of the 7th instant.
It is hoped that this agreement will prove a final settlement of the
boundary controversy. This controversy which, during the past year, has
caused much uneasiness and excitement in both countries, involves the
following three points:
- First. The boundary line along the Andes between parallels 23°
and 26° 52ʹ 45ʺ south latitude, in the region known as the Puna
de Atacama. This is the boundary between the Argentine Republic
and the territory which was formerly Bolivian. The Argentines
declared that the territory in question along this line had been
originally under discussion with Bolivia and their rights
admitted by that Government; that it was wrongfully occupied by
the Chilean troops during the war with Peru and Bolivia, and
that, as this territory is not therefore involved in the
controversy in the same manner as the territory in question
along the remaining frontier line, they refused to submit the
question of the possession of this territory to
arbitration.
- Second. The proper position of the landmark of San Francisco.
The Argentines alleged that this landmark, which was placed
between parallels 26° and 27° south latitude, had been placed
there by mistake on the part of the boundary commissioners. The
error they claimed to be self-evident, and they demanded a
revision.
- Third. The boundary line running through the long extent of
territory between parallels 26° 52ʹ 45ʺ south latitude to the
Straits of Magellan. Here the two Governments have differed on
the principle on which the demarcation should be made. The
conventions on which the diverse opinions rested were the treaty
of July 23, 1881, negotiated by the United States ministers at
Buenos Ayres and Santiago, and the Errazuriz-Quirno Costa
protocol of May 1, 1893. Without going into the details of these
instruments, it will suffice to say that, according to the
Chilean view of their proper construction, the boundary line
should be determined by the watershed (divortium aquarum);
while, according to the Argentine view, the line should pass
through the highest peaks of the Andes. These conventions are to
a certain extent ambiguous, and afford reasonable arguments for
either contention. They clearly provide, however, that Chile can
not have a port on the Atlantic, or the Argentine Republic on
the Pacific. On approaching parallel 52° south, the range of the
Andes runs close to the sea; but it is provided that, in any
case, the coast of the Pacific is to be left to Chile.
On applying the terms of the new protocol to the above three points, it
will be found that in reference to the first—the Puna de Atacama—article
1 provides that the boundary line is to be traced by the two Governments
with the cooperation of the Government of Bolivia.
In reference to the second point, the proper position of the landmark of
San Francisco—the Chilean Government yields in article 5 of the
protocol, which declares that the present position of the landmark shall
[Page 33]
not be taken into
consideration either as a basis or precedent for the determination of
the boundary line. This concession seems entirely appropriate in view of
the general belief that the present position of the landmark is the
result of an error of the boundary commissions.
On the third point, the dividing line, which is to run through the
country lying between parallel 26° 52ʹ 45ʺ south latitude and the
Straits of Magellan, differences of opinion which can not be settled by
friendly negotiation on the part of the two Governments are to be
submitted to the decision of her Britannic Majesty’s Government, which
is to apply the provisions of the above-mentioned treaty and protocol,
after the ground has been examined by a commission to be appointed by
the arbitrator.
By article 3 the experts are to proceed to the study of the region in the
vicinity of the parallel 26° 52ʹ 45ʺ, where, as already stated, the
chain of the Andes runs close to the sea, and where, by the existing
agreements, the Pacific coast is to belong to Chile. Any difference
regarding this part of the boundary line is also to be submitted to the
arbitrator.
By article 6, the protocol of September of last year, copy and
translation of which was sent to the Department with my No. 41 of
September 19, 1895, is confirmed, and the work of demarcation, in spite
of disagreements, is to continue without interruption.
By article 8, the request to act as arbitrator is to be addressed to the
British Government within sixty days after the signature of the present
agreement.
I have, etc.,
[Inclosure in No.
88—Translation.]
Agreement between Chile and the Argentine
Republic.
In the city of Santiago, Chile, on the 17th day of April, 1896, in
the office of the ministry of foreign relations, Señor Don Adolfo
Guerrero, the minister of foreign relations, and Señor Don Norberto
Quirno Costa, envoy extraordinary and minister plenipotentiary of
the Argentine Republic in Chile, declared that: The Governments of
the Republic of Chile and the Argentine Republic, in their desire to
facilitate the loyal execution of the existing treaties which fix an
immovable boundary between both countries, reestablish confidence in
peace, and avoid every cause of conflict, with the purpose, as
always, of arriving at conclusions by direct negotiation, without
prejudice to having recourse to the other conciliatory methods
prescribed by the same compacts, have arrived at the agreement which
contains the following bases:
- First. The operations in the demarcation of the boundary
line between the Republic of Chile and the Argentine
Republic, executed in accordance with the treaty of 1881 and
the protocol of 1893, shall extend in the range of the Andes
to the twenty-third parallel of south latitude. The dividing
line between this parallel and the parallel 26 degrees 52
minutes and 45 seconds must be traced with the cooperation
of both Governments and of the Government of Bolivia, whose
participation shall be requested for this purpose.
- Second. If differences should arise between the experts in
fixing in the range of the Andes the landmarks of the
dividing line south of the parallel 26 degrees 52 minutes
and 45 seconds south latitude, and they can not be overcome
by friendly agreement between the two Governments they shall
be submitted to the decision of the Government of Her
Britannic Majesty, whom the contracting parties from this
time forth designate as the arbitrator entrusted with the
strict application in such case of the provisions of the
treaty and protocol referred to, after the ground has been
studied by a commission appointed by the arbitrator.
- Third. The experts shall proceed to the study of the
ground in the region bordering upon the fifty-second
parallel which is the subject of the last part of article 2
of the protocol of 1893, and shall propose the divisional
line to be adopted, if the case provided for in the said
provision should arise. If there is a difference of opinion
regarding the fixing of this line, it shall likewise be
decided by the arbitrator designated in this
convention.
- Fourth. Sixty days after the disclosure of the difference
of opinion in the case to which the previous provisions
refer, the intervention of the arbitrator shall be requested
by both Governments, by common accord, or by either of them
separately.
- Fifth. Both Governments agree that the present position of
the landmark of San Francisco, between parallels 26 and 27
shall not be taken into consideration as a basis or
precedent binding for the determination of the boundary line
in that region. The operations and labors which have already
been effected at that point, at different periods, shall be
regarded as studies for the definite fixing of the line,
without prejudice to making any other examinations that the
experts may see fit to have made.
- Sixth. The experts, on renewing their labors in the coming
session, shall arrange for the operations and studies
referred to in the first and third provisions of this
agreement.
- Seventh. Both Governments agree to ratify likewise the
third provision of the memorandum of September 6th, 1895,
for the prosecution of the labors of demarcation in case any
disagreement should occur, in order that these labors, in
accordance with the purpose of the contracting parties, may
proceed without interruption.
- Eighth. Within the period of sixty days after the
signature of the present agreement, the diplomatic
representatives of the Republic of Chile and the Argentine
Republic accredited to the Government of Her Britannic
Majesty shall conjointly request from the British Government
the acceptance of the office of arbitrator conferred upon
it, and for this purpose the respective Governments shall
issue the necessary instructions.
- Ninth. The Governments of the Republic of Chile and the
Argentine Republic shall share equally the expenses required
for the execution of this agreement.
The undersigned ministers, in the names of their respective
Governments, and duly authorized, sign the present agreement in
duplicate, one for each, and affix thereto their seals.
Adolfo Guerrero, [l. s.]
N. Quirno Costa. [l. s.]
Therefore, and making use of the power conferred upon me by paragraph
19 of article 73 of the constitution of the Republic, I hereby
approve of the preceding agreement, and decree that it be published
in the official journal.
Santiago, May 7th,
1896.
- Jorge Montt.
- Adolfo Guerrero.
