Mr. Dudley to Mr.
Hay.
American Legation,
Lima,
Peru, May 17,
1904.
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.,
[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
