Mr. Wilson to Mr. Hay.

No. 81.]

Sir: Referring to my No. 78 of October 31, regarding the negotiations concluded on the 30th ultimo, for submitting the question pending between Chile and the Argentine Republic relative to the Puna de Atacama to a commission of delegates to meet at Buenos Ayres, presided over by the United States minister to the Argentine, I now beg to inclose a copy and translation of the agreement arrived at between the two Governments.

Since the publication of this document the meeting of the commission, which had been fixed for December 1, 1898, has been postponed by mutual consent to March 1, 1899.

I have, etc.,

Henry L. Wilson.
[Inclosure in No. 81.—Translation.]

Whereas the national congress has approved the following bill:

Sole article. The National Congress approves the two documents, signed in Santiago on November 2, 1898, by the minister of foreign relations of Chile and the chargé d’affaires and plenipotentiary ad hoc of the Argentine Republic, Señor Don Alberto Blancas, the object of which documents is to agree upon the meeting in Buenos Ayres of a commission of delegates from both countries which shall fix the boundary line between parallels 23° and 26° 52′ 45″, south latitude; and to agree, in case the said commission is unable to come to any decision, upon the designation of a commission, to be composed of a Chilean and an Argentine delegate and the present United States minister to the Argentine Republic, to definitely settle the dividing line.

And whereas, having heard the opinion of the council of state, I have seen fit to approve of and sign it? Let it be promulgated and carried out as a law of the Republic.

Federico Errazuriz.

J. J. Latorre.

In the city of Santiago de Chile, on the 2d day of November, 1898, Señor Don Juan José Latorre, the minister of foreign relations, and Señor Don Alberto Blancas, chargé d’affaires and plenipotentiary ad hoc of the Argentine Republic, according to the telegraphic credentials, which shall later on be ratified in the usual manner, having met in the office of the ministry of foreign relations, declared that the Governments of the Republic of Chile and the Argentine Republic, being desirous of arriving at an agreement regarding all the questions which affect or may affect the two countries directly or indirectly, thus establishing, in a thorough, frank, and [Page 180] friendly manner, the relations which common glories imposed upon them from the very moment of their political emancipation, agreed:

  • First. To have a commission meet, in the city of Buenos Ayres, with the following objects:
    (a)
    To fix the dividing line between parallels 23° and 26° 52′ 45″ south latitude, in accordance with the stipulations of the first basis of the agreement of the 17th day of April, 1896, taking into consideration all the documents relating to the case and its previous history.
    (b)
    To study and draw up the corresponding solutions in the questions which may directly or indirectly interest the two countries and which may be submitted to its deliberation.
  • Second. The commission shall be composed of 10 delegates, 5 to be appointed by the Republic of Chile and 5 by the Argentine Republic. The appointment by each Government of its delegates, and the elate for the commission to begin its sittings, shall be the subject of a later document.
  • Third. The commission shall begin by treating the first point referred to in the first basis. If the delegates arrive at a decision regarding the said point, either by a unanimous vote or by a vote of the majority of its members, the line thus decided upon shall be definitely accepted, and the Governments shall be advised of it immediately, in order that, communicating it to the Government of Bolivia, they may proceed to erect upon the ground landmarks at such points of the line as may be considered necessary.
  • If the delegates do not arrive at a decision, they shall advise their respective Governments, in order that the proceeding provided for in another document of this date may be carried out.
  • Fourth. The foregoing basis being complied with, the commission shall proceed to treat the other points to which the first basis refers. The decisions which the delegates may adopt shall not be obligatory upon the respective Governments, but, as soon as the latter have been informed of them, the said Governments shall definitely decide them.
  • Fifth. The commission shall finish dealing with the questions submitted to it ten days after its first meeting, unless the Governments, by common agreement, resolve to prorogue the said term.
  • Sixth. If after three meetings the commission has not decided upon the line between parallels 23° and 26° 52′ 45″ south latitude, the demarcating commission referred to in the document of this date shall begin its work.

In witness whereof the undersigned, in the names of their respective Governments, have signed the present agreement in duplicate, one copy for each party, and have affixed their seals thereto.

J. J. Latorre,

Blancas.

In the city of Santiago de Chile, on the 2d day of November, 1898, the minister of foreign relations, Señor Don J. J. Latorre, and Señor Don Alberto Blancas, chargé d’affaires and plenipotentiary ad hoc of the Argentine Republic, according Jo telegraphic credentials, which shall be ratified later on in the usual form, having met in the ministry of foreign relations, with the object of continuing the negotiations referred to in the minutes of the proceedings of the 16th day of September last, and after exchanging ideas on the subject, agreed:

  • First. To designate a Chilean and an Argentine delegate and the present United States minister to the Argentine Republic, in order that, in the character of demarcators, and taking into consideration the documents relating to and the previous history of the case, they shall proceed by a majority to decide definitely upon the dividing line referred to in the first basis of the agreement of the 17th day of April, 1896.
  • Second. As soon as the dividing line is decided upon, the demarcating commission shall communicate to the respective Governments, in order that it may be communicated to Bolivia, and the dividing landmarks be erected at such points of that line as may be considered necessary.
  • Third. The demarcating commission shall meet in Buenos Ayres and begin its duties forty-eight hours after the respective Governments advise its members the contingency provided for in the agreement of this same date has arisen. The demarcation of the dividing line shall be finished three days after the first session.
  • Fourth. If there should be any disagreement regarding the decision adopted, the dissenting member may leave the fact on record, but may not state the reasons upon which his opinion is based.

In witness whereof the undersigned, in the names of their respective Governments, have signed the present agreement in duplicate, one copy for each party, and have affixed to it their seals.

J. J. Latorre,

Alberto Blancas.

[Page 181]

Communications exchanged between the minister of foreign relations and the chargé d’affaires of the Argentine Republic regarding the submission of the said documents to the approval of the Argentine Congress.

Argentine Legation, Santiago, November 15, 1898.

Mr. Minister: With the object of answering the question which has been referred to me verbally by His Excellency the President of the Republic, I have the honor to advise you that I have been instructed to state to the Chilean Government that the Argentine foreign office is of the opinion that the pending negotiations do not require the intervention of its Congress.

I gladly avail myself of the occasion to renew to yon the assurance of my most distinguished consideration.

  • Alberto Blancas.
  • Rear-Admiral J. J. Latorre,
    Minister of Foreign Relations of Chile.

Sir: I have had the honor to receive your esteemed note of the 15th instant, in which, with the object of replying to the question referred to you by His Excellency the President of the Republic, you are good enough to advise me that you have been instructed to state to this Government that the Argentine foreign office is of the opinion that the pending negotiations do not require the intervention of its Congress.

I thank you for the reply which you are good enough to transcribe to me, and at the same time beg to communicate to you the desire of my Government to know if the carrying out of the stipulations in these arrangements—that is to say, the documents signed by you and the undersigned on the 2d instant—will in any manner, or at any time, be subordinate to the approval of the Congress of your country.

I thank you in advance, and subscribe myself your obedient servant,

  • J. J. Latorre.
  • Señor Don Alberto Blancas,
    Chargé d’affaires ad interim of the Argentine Republic.

Mr. Minister: In acknowledging the receipt of your note of this date, I have the honor to transcribe in reply the last telegram which I have received from my Government in answer to the question you asked me. It says:

Buenos Ayres, November 19.

Mr. Chargé’d Affaires ad interim of the Argentine Republic:

“Santiago. Official. I received your telegram of to-day’s date. You may state to the President, as you say in your note of the 15th, that this Government does not require to submit the arrangements for approval to Congress, and that it will limit itself to communicating them to Congress in the same way as was done with the former arrangements, without any further formalities. I salute you.

“A. Alcorta.”

I gladly avail myself of the occasion to renew to you the assurance of my most distinguished consideration.

  • Alberto Blancas.
  • Rear-Admiral J. J. Latorre,
    Minister of Foreign Relations of Chile.