Mr. Lord to Mr.
Hay.
Legation of the United States,
Buenos Aires, June 3,
1902.
No. 191.]
Sir: I have the honor to inclose herewith, in
copy and translation, the texts of the peace agreements entered into and
signed at Santiago on the 28th ultimo by the representatives of Chile
and the Argentine Republic. These documents are four in number, namely:
- 1.
- A political convention declaring the international policy of
the two Republics;
- 2.
- A treaty of general arbitration;
- 3.
- An agreement for the reduction of naval forces; and
- 4.
- An arrangement for having the boundary line between the two
[Page 19]
countries, when
determined by the arbitrator, carried into effect by engineers
appointed by him.
The treaty of general arbitration is an agreement to submit to
arbitration every dispute of whatever nature and from whatever cause
that may arise, provided they do not affect the precept of the
Constitution and can not be settled by direct negotiation. The agreement
also includes the appointment of His Britannic Majesty as arbitrator,
whose award is to be final, its execution being confided to the honor of
the two Republics. The terms of this agreement are wide and
comprehensive, and would appear to include all controversies that can
possibly arise between the two Republics.
The reduction of the naval forces contemplated by the agreement will
relieve both countries from a heavy outlay of expense which each was
about to make in the acquisition of new iron-clads. It is also agreed in
substance that a diminution of their respective fleets shall be effected
within a year, and that neither Government is to increase them during
the term of five years without giving notice eighteen months
previously.
The agreement with reference to the boundary line between the two
countries secures the execution of the award without the risk which
might arise from differences of opinion between Chilean and Argentine
experts.
Concerning international questions affecting Pacific coast matters the
declarations of policy of the respective representatives of the two
Governments in the preamble or convention was made an integral part of
the agreement.
These agreements seem to give general satisfaction to the people here,
and they will doubtless be ratified by the Argentine Congress.
It is stated that the President will not present them to the Senate for
their consideration for a few days, owing to the necessity of having to
wait until the messenger arrives with them and the papers connected
therewith from Santiago.
I have, etc.,
[Inclosure.—Translation.]
The Chilean minister of foreign relations, Señor Don José Francisco
Vergara Donoso, and the envoy extraordinary and minister
plenipotentiary of the Argentine Republic, Señor Don Jose Antonio
Terry, having met in conference in the Chilean ministry of foreign
relations for the purpose of agreeing upon the rules to which shall
be submitted such disputes of whatsoever nature as may disturb the
friendly relations which exist between the two countries and of thus
rendering permanent the peace so far preserved, notwithstanding the
periodic alarms that have arisen from the protracted question of
boundaries, the minister of the Argentine Republic declared:
That the intention of his Government, in conformity with
international policy which it had always observed, was to endeavor
in every instance to settle questions with other nations in a
friendly manner; that the Government of the Argentine Republic had
carried out this policy successfully, adhering to its own rights and
respecting to the fullest extent the sovereignty of other nations
without concerning itself in their internal affairs or their foreign
questions; that, in consequence, it was incapable of entertaining
thoughts of territorial expansion; that it would continue in this
policy, and that he made these declarations, now that the moment had
arrived for Chile and the Argentine Republic to remove all causes of
disturbance in their international relations, with the belief that
he was giving expression to the public sentiment of his country.
The minister of foreign relations declared, in return, that his
Government had held and now holds the same high principles that the
minister of the Argentine
[Page 20]
Republic had just given expression to in the name of his Government;
that Chile had given numerous proofs of the sincerity of its
aspirations by incorporating in its international agreements the
principle of arbitration as a means of settling questions with
friendly nations; that, respecting the independence and integrity of
other States, it, too, entertains no thoughts of territorial
expansion except such as may result from the carrying out of
treaties now in force or hereafter to be negotiated; that it would
continue in this policy; that, happily, the question of boundaries
between Chile and the Argentine Republic had ceased to be a menace
to peace now that both countries were awaiting the speedy decision
of His Britannic Majesty; that, in consequence, in the belief that
he interpreted the public sentiment of Chile, he made these
declarations, thinking, as did the Argentine minister, that the
moment had arrived for removing all cause of disturbance in the
relations between the two countries.
In view of this uniformity of principles, it has been agreed:
- First. To draw up a general arbitration treaty which shall
guarantee the fulfillment of the declarations cited.
- Second. To include in the protocol the present conference,
the import of which shall be considered an integral part of
the arbitration treaty itself.
In witness whereof they have signed two
copies of this document, the 28th day of May,
1902.
- J. A. Terry.
- J. F. Vergara Donoso.
The Governments of the Argentine Republic and of the Republic of
Chile, animated by the common desire of settling by friendly means
any question that may arise between the two countries, have resolved
to draw up a general treaty of arbitration, to which end they have
constituted ministers plenipotentiary, viz:
- His Excellency the President of the Republic of Chile,
Señor Don José Francisco Vergara Donoso, minister of state
in the department of foreign relations;
- His Excellency the President of the Argentine Republic,
Señor Don José Antonio Terry, envoy extraordinary and
minister plenipotentiary of that country:
Who, having communicated their respective plenary powers, which they
have found to be full and sufficient and executed in due form, have
agreed to the stipulations contained in the following articles:
- Article 1. The high contracting
parties bind themselves to submit to arbitration every
difficulty or question of whatever nature that may arise
between them, provided such questions do not affect the
precepts of the respective constitutions of the two
countries and that they can not be solved through direct
negotiation.
- Art. 2. This treaty does not
embrace those questions that have given rise to definite
agreements between the two parties. In such cases the
arbitration shall be limited exclusively to questions of
validity, interpretation, or fulfillment of these
agreements.
- Art. 3. The high contracting
parties designate as arbitrator the Government of His
Britannic Majesty or, in the event of either of the powers
having broken off relations with the British Government, the
Swiss Government.
- Within sixty days from the exchange of ratifications the
British Government and the Swiss Government shall be asked
to accept the charge of arbitrators.
- Art. 4. The points of
controversy, questions or divergencies shall be specified by
the high contracting parties, who may determine the powers
of the arbitrator or any other circumstance connected with
the procedure.
- Art. 5. In the case of
divergence of opinion, either party may solicit the
intervention of the arbitrator, who will determine the
circumstances of procedure, the contracting parties placing
every means of information at the service of the
arbitrator.
- Art. 6. Either party is at
liberty to name one or more commissioners near the
arbitrator.
- Art. 7. The arbitrator is
qualified to decide upon the validity of the obligation and
its interpretation, as well as upon questions as to what
difficulties come within the sphere of the
arbitration.
- Art. 8. The arbitrator shall
decide in accordance with international law, unless the
obligation involves the application of special rules or he
have been authorized to act as friendly mediator.
- Art. 9. The award shall
definitely decide each point of controversy.
- Art. 10. The award shall be
drawn up in two copies.
- Art. 11. The award legally
delivered shall decide within the limits of its scope the
question between the two parties.
- Art. 12. The arbitrator shall
specify in his award the term within which the award shall
be carried out, and he is competent to deal with anv
question arising as to the fulfillment.
- Art. 13. There can be no appeal
from the award, and its fulfillment is intrusted to the
honor of the signatory powers. Nevertheless, the recourse of
revision is admitted under the following circumstances:
- 1.
- If the award be given on the strength of a false
document;
- 2.
- If the award be the result, either partially or
totally, of an error of fact.
- Art. 14. The contracting parties
shall pay their own expenses and each a half of the expenses
of the arbitration.
- Art. 15. The present agreement
shall last for ten years from the date of the exchange of
the ratifications, and shall be renewed for another term of
ten years, unless either party shall give notice to the
contrary six months before expiry.
The present treaty shall be ratified and the ratifications shall be
exchanged in Santiago, Chile, within six months from date; in
witness whereof the plenipotentiaries of the Argentine Republic and
of the Republic of Chile have signed the present treaty and caused
it to be sealed with their respective seals in duplicate in the city
of Santiago, the 28th day of May, 1902.
- J. A. Terry.
- J. F. Vergara Donoso.
The Chilean minister of foreign relations, Señor Don José Francisco
Vergara Donoso, and Señor Don José A. Terry, envoy extraordinary and
minister plenipotentiary of the Argentine Republic, met together in
the Chilean ministry of foreign relations, have agreed to set forth
in the following convention the various resolutions, adopted with a
view to limiting the naval armaments of the two Republics,
resolutions which have been made through the initiative and the good
offices of the Government of His Brittanic Majesty, represented in
Chile by its envoy extraordinary and minister plenipotentiary, Mr.
Gerard A. Lowther, and in the Argentine Republic by its envoy
extraordinary and minister plenipotentiary, Sir W. A. C. Barrington:
- Article 1. In order to remove
every source of anxiety the Governments of Chile and the
Argentine Republic desist from acquiring the war vessels
they have in course of construction and from making fresh
acquisitions.
- Both Governments agree, moreover, to reduce their
respective fleets, for which purpose they will continue to
negotiate, until they arrive at an agreement productive of a
discreet equipoise of their respective naval forces.
- This reduction must be made within twelve months from the
date of the present agreement.
- Art. 2. The two Governments bind
themselves not to increase their naval armaments, without
previous notification of eighteen months, during a period of
five years. This clause does not affect the fortification of
coasts and ports, and either Government may acquire any
floating machinery for that particular defense, such as
submarines, etc.
- Art. 3. The sales to which this
agreement may give rise shall not be made to any country
having questions pending with either of the contracting
parties.
- Art. 4. With a view to
facilitating the transfer of pending contracts, both
Governments bind themselves to extend for two months the
term stipulated for the delivery of their respective vessels
in construction, for which purpose they will give the
necessary instructions on signing the present
agreement.
- Art. 5. The ratifications of the
present agreement shall be exchanged within sixty days from
date, and the exchange shall take place in Santiago.
In witness whereof the undersigned sign
and seal in duplicate the present convention in the city of
Santiago, the 28th day of May,
1902.
- J. A. Terry.
- J. F. Vergara Donoso.
Agreement (for
collocation of boundary marks).
[Santiago, May 28,
1902]
Met together in the ministry for foreign relations of Chile, the
minister of that department, Señor Don José Francisco Vergara
Donoso, and the envoy extraordinary and minister plenipotentiary of
the Argentine Republic, Señor Don José Antonio Terry, duly
authorized and acting in accordance with the boundary treaty of July
23, 1881, the protocol of May 1, 1893, the agreement of April 17,
1896, and the acts
[Page 22]
of
September 15, 17, and 22, 1898, in order to avoid any difficulty in
the actual demarkation of the boundary line between the two
countries in the first part submitted to the decision of His
Brittanic Majesty, do agree, in the name of their respective
Governments, to ask the arbitrator to name a commission which shall
fix in the territory in question the boundary marks which he shall
order in his decision. In witness whereof they sign this agreement
in duplicate, in Santiago, the 28th day of May, 1902.
- J. A. Terry.
- J. F. Vergara Donoso.
Supplementary communications.
Mr. Minister: In view of the advanced stage
already arrived at in the process of settling by arbitration the
boundaries between our respective countries, a stage which permits
us to believe that the decision will soon be rendered, my
Government, ever animated by the desire that this protracted
question be settled as soon as possible, would be extremely
gratified if your excellency’s Government, in case it intends to
avail itself of the right to present a new deposition, would do so
in such form as will not prevent the arbitrator from rendering his
decision within the present year.
Awaiting your exellency’s reply with reference to this point, I take
pleasure in renewing to your excellency the assurances of my most
distinguished consideration.
José Francisco Vergara
Donoso.
His Excellency Señor Don José A.
Terry,
Envoy Extraordinary and
Minister Plenipotentiary of the Argentine Republic.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s note, dated the 26th
instant, in which you are pleased to inform me that in view of the
advanced stage already reached in the process of settling by
arbitration the boundaries between our respective countries, your
Government, ever animated by the desire that this protracted
question be concluded as soon as possible, would be extremely
grateful if the Argentine Government would cooperate in this
connection in such manner as in its judgment seems most suited to
facilitate the task of the arbitrator and to enable him to render
his decision within the current year.
In reply, Mr. Minister, it gratifies me to inform you that I have
received instructions from my Government which enable me to state
that it is animated by the identical considerations with those given
expression to by your excellency, and that it is disposed to
facilitate the task of the arbitrator so that he may give his
decision within the period already indicated, to which end it will
take the necessary measures.
It also gratifies me, Mr. Minister, to improve this opportunity to
reiterate to your excellency the assurances of my most distinguished
consideration.
His Excellency the Minister of Foreign
Relations of Chile.
Mr. Minister: The second part of article 1
of the agreement entered into for limiting the naval armaments of
Chile and the Argentine Republic says:
“Both Governments agree, moreover, to decrease their respective
fleets, to which end they will continue negotiations until they
arrive at an arrangement that will bring about a suitable equality
between said fleets. This decrease shall be effected within one year
from the date of the exchange of ratifications of this
agreement.”
This Government understands that the differences which may arise with
reference to the execution of the clause cited are to be settled by
the arbitrator in conformity with the dispositions of article 1 of
the general treaty of arbitration concluded on this date.
Hoping that your excellency will kindly inform me of your
Government’s opinion on this point, I take pleasure in renewing to
your excellency the assurances of my high consideration.
José Francisco Vergara
Donoso.
His Excellency Señor Don José A.
Terry,
Envoy Extraordinary and
Minister Plenipotentiary of the Argentine Republic.
[Page 23]
Mr. Minister: I have had the honor to
receive your excellency’s note of even date, in which you inform me
that your Government interprets the second part of article 1 of the
agreement on limiting armaments to the effect that any difference of
opinion which may arise and which can not be arranged within the
year between the chanceries shall be a matter for general
arbitration, conformably with the treaty this day concluded.
In reply, it gives me pleasure to inform your excellency that my
Government gives the same interpretation to the clause in
question.
I renew to your excellency the assurances of my distinguished
consideration.
His Excellency the Minister of Foreign
Relations of Chile.
