Mr. Dudley to Mr. Hay.

No. 923.]

Sir: Referring to my No. 912 of the 10th instant, I have the honor to forward herewith two copies each of the treaty of boundary arbitration and of the protocol establishing a modus vivendi in the region of the Putumayo River, which were concluded at Lima on the 6th instant between Peru and Colombia. The copies were furnished me by the Peruvian foreign office.

Treaties of like character have been negotiated with Ecuador and Bolivia, so that the boundary controversies of this country with three of its neighbors seem to be in course of settlement. Its relations with Brazil continue extremely unsatisfactory.

I have, etc.,

Irving B. Dudley.
[Inclosure 1.—Translation.]

The governments of Peru and Colombia, animated by a sincere desire of bringing to a fraternal and honorable conclusion the question pending between them respecting their territorial limits, and with the intention of removing any cause or motive of disagreement which might disturb the friendship which happily exists, have judged it convenient to come to an arrangement between themselves, and have appointed, for that purpose, their respective plenipotentiaries, viz:

  • His Excellency the Second Vice-President of the Republic of Peru, in charge of the executive power, has appointed Dr. José Pardo, minister of state in the bureau for foreign relations, and
  • His Excellency the President of the Republic of Colombia has appointed Don Luis Tanco Argáez, envoy extraordinary and minister plenipotentiary of Colombia in Peru.

Who, after exhibiting their full powers, which were found to be in due and correct form, have agreed to the following:

treaty of arbitration respecting limits.

  • Article 1. The governments of Peru and of Colombia submit to the unappealable decision of His Majesty the. King of Spain the question of limits pending between them, and this must be settled, taking into consideration not only the titles and legal arguments which have been already and may be hereafter presented, but also the convenience of the contracting parties, reconciling them all in such a way that the frontier line shall be based on right and equity.
  • Article 2. Both governments will request, simultaneously through their plenipotentiaries, the consent of His Catholic Majesty within eight months, dating from the exchange of ratifications of this treaty.
  • Article 3. Within the six months following upon the acceptance by the august arbitrator, the plenipotentiaries shall present to His Catholic Majesty, or to the minister that His Majesty may designate, a statement setting forth the pretensions of their respective governments, together with the documents on which the same are founded, and in which they will bring forward the legal arguments in their favor.
  • Article 4. From the date on which the said statements or briefs are presented, the plenipotentiaries will be authorized to receive and give reply, within a fair time fixed beforehand, to the copies of the proceedings which the august arbitrator may think fit to hand to them, and also for compliance with the provisional judgments which he may pronounce for the purpose of illustrating the rights of both parties.
  • Article 5. As soon as the arbitrator’s decision has been given and officially published by His Majesty’s Government, it shall become executory, and its decisions obligatory as regards both parties.
  • Article 6. Although both of the contracting parties feel perfectly convinced that His Catholic Majesty will graciously accept the post of arbitrator which is offered to him, they nevertheless from this moment appoint as arbitrators in case of refusal His Excellency the President of the French Republic, or His Majesty the King of the Belgians, or the Swiss Federal Council, in the order in which they are named, so that they may perform the duty in accordance with what is laid down in the preceding articles.
  • Article 7. The expenses incurred by the arbitrator in the pursuance of the proceedings shall be paid by the contracting governments, each one paying the half of the sum to which the said expenses amount.
  • Article 8. The present treaty shall be ratified by the Congress of Peru, and by that of Colombia, and the ratifications shall be exchanged in the shortest possible time.

In witness whereof the plenipotentiaries of the high contracting parties have signed the present treaty in duplicate, and have sealed it with their private seals, in Lima, on the 6th day of the month of May of the year 1904.

[l. s.]
José Pardo.

[l. s.]
Luis Tanco Argáez.
[Inclosure 2.—Translation.]

The governments of Peru and of Colombia, with a view to carry out in practice the intentions of the fraternal arrangement which brought about the celebration of the treaty of arbitration relative to the boundaries, signed under this day’s date, and to insure harmony between the two countries bound together by so many friendly ties, have decided to submit the possession of the rivers claimed by Peru and by Colombia to an equitable arrangement, and for this purpose have appointed as plenipotentiaries:

  • His Excellency the Second Vice-President of the Republic of Peru, in charge of the executive power, has appointed Dr. José Pardo minister for foreign relations, and
  • His Excellency the President of Colombia has appointed Don Luis Tanco Argáez envoy extraordinary and minister plenipotentiary of Colombia in Peru;

Who, after exhibiting their full powers, which were found to be in due and correct form, have agreed to the following:

  • First. The governments of Peru and of Colombia will maintain the same authorities that they have at the present moment installed on the rivers Napo, and Yapurá, or Caquetá, respectively, and will retire all the others that they may have in the remainder of the territory in dispute.
  • Second. If later circumstances should require the establishment on the River Putumayo, or in any part of the aforesaid territories in dispute, of a fiscal or police system, this shall be done by mutual consent between the governments of Peru and of Colombia either by fixing the zones to be occupied provisionally by either party or by the establishment of joint authorities.
  • Third. In consequence of the amicable and equitable features of this arrangement it is understood that the conditions for commercial traffic shall be identical both for Peruvians and for Colombians.
  • Fourth. The boundaries fixed for the zone which remains outside of the exclusive authority of Peru and of Colombia, and, generally speaking, the terms of this agreement, can not be invoked against the rights which each country claims in the arbitration already agreed upon.
  • Fifth. The governments of Peru and Colombia bind themselves not to innovate in any way the régimen established by this agreement for the zone in dispute.

In witness whereof they sign the present in duplicate and seal it with their private seals, in Lima, on the 6th day of the month of May of the year 1904.

[l. s.]
José Pardo.

[l. s.]
Luis Tanco Argáez