Mr. Dudley to Mr. Hay.

No. 849.]

Sir:

* * * * * * *

Upon my return recently to this post, after two months’ absence, I found the relations of the two countries (Peru and Ecuador) much improved.

The immediate occasion of the recent outburst of national indignation against Peru on the part of Ecuador was the killing of two [Page 681] Ecuadorans in June of last year at Angotera, a point in the region of the Napo River. The valley of that river and of its tributary, the Aguarico, have been occupied, though with but handfuls of their citizens, by both Peru and Ecuador, under conflicting claims of right, since the two Republics came into existence. Peruvian military forces, I am informed, have several times ascended the Napo as far as Santa Rosa de Napo, a frontier post in the possession of Ecuador.

* * * * * * *

On the 21st instant, by a protocol (a copy and translation of which are hereby inclosed) signed at Lima by the Peruvian foreign minister and the Ecuadoran chargé d’affaires, the two Governments agreed to submit to the arbitration of a diplomatic agent accredited at both capitals the decision of the responsibility of Peru for the occurrences at Angotera. The Peruvian foreign minister informs me that the Spanish minister, Señor Uribarri, who is accredited both here and at Quito, will act as arbitrator. The decision of the permanent boundary between Peru and Ecuador will, of course, not be involved in this arbitration, but simply the right of the Peruvians, under existing conditions, to repel as they did the advance of the Ecuadorans in the vicinity of Angotera.

* * * * * * *

I have, etc.,

Irving B. Dudley.
[Inclosure.—Translation.]

arbitration project.

Yesterday, at the last moment, was signed the protocol which we insert below, by which is sought a convenient solution of the claims of the Ecuadorian Government arising from the occupation of Angotera by the Peruvian forces. It is believed that the arbitrator named will be Señor Uribarri, the Spanish minister accredited to the Governments of Peru and Ecuador.

[Translation.]

His excellency Dr. José Pardo, minister for foreign relations of Peru, and Señor Augusto Aguirre Aparicio, chargé d’affaires of Ecuador, special authorized by his Government for this purpose, having met in the department for foreign relations, they agreed to the following protocol:

The Governments of Peru and Ecuador, animated by a sincere intention to maintain between them the most perfect cordiality and harmony in their relations, as well as to propend to the quickest and easiest settlement of the differences arisen in consequence of the lamentable conflict which occurred in Angotera on the 26th of June, of last year, agree, through the undersigned, to submit the claim presented by the Government of Ecuador on account of that occurrence and its consequences to the definite and unappealable decision of the diplomatic agent of a friendly power accredited to the Governments of Peru and of Ecuador, or to any other nation friendly to both of these.

By a special protocol both parties will agree upon the diplomatic agent who will serve as arbitrator, and within the term of six months from the date at which the aforesaid agent advises them of his acceptance both Governments will present separately a documentary statement of the facts submitted to arbitration.

[Page 682]

If, for the better knowledge of the facts, the arbitrator should consider it necessary to investigate the same in a special manner at the place in which they occurred, he shall have the power to name a mixed commission, to be composed of a delegate of each one of the two Governments, assisted by such a staff of subalterns as he may think convenient; it being understood that none of those parties who have in anyway taken part in the facts to be investigated can be members of the commission in any form whatever.

Both Governments compromise themselves to afford all the requisite facilities for the better issue of the functions of the commission.

In witness whereof they sign in duplicate the present protocol, in Lima, on the 21st day of January, 1904.

  • José Pardo.
  • Aguirre Aparicio.