Papers Relating to the Foreign Relations of the United States, 1925, Volume I

723.2515/1585: Telegram

The Secretary of State to the Consul at Arica (Von Tresckow)

[Paraphrase]

Washington, August 14, 1925—6 p.m.

For Pershing: Your telegram, August 14, 11 a.m. The Department is greatly disturbed by the conditions you report.

1. Although without opportunity for careful investigation, I am inclined to the opinion that the decrees which you say make a free and fair election impossible violate the decision of the Arbitrator within his authority under the treaty and seem unnecessarily to restrict travel. Plebiscitary Commission is given generally complete control over the plebiscite and, as found by the Arbitrator, that power is sufficient to guarantee full protection to every qualified voter.

2. In regard to your second and third propositions, the original award and supplemental ruling of the Arbitrator on Peru’s petition held that the territory was to remain in Chile’s possession, that question of evacuation of the territory and the substitution of American authority and forces was not within the scope of Arbitrator’s authority, but that this was without prejudice of Commission’s power to guarantee full assurance of personal protection and a free ballot to every voter. Provision is made in the award that it may be implied that exercise of Chile’s legislative, executive, and judicial power should not go to extent of frustrating provisions of the award. I incline to opinion that it is within power of the Plebiscitary Commission to decide whether any act of Chile’s administration of Tacna and Arica would obstruct fair and free vote, for Chile’s administration must not be inconsistent with the Arbitrator’s award.

3. I take it that the Plebiscitary Commission will consider these questions. Do you wish me to take any action before matter is decided by Commission and it comes to Arbitrator for decision on an appeal if one is made, or do you wish me to make informal representations to the Government of Chile in endeavor to support your representations to Chilean Commissioner?

4. I should be pleased to have opinion of Mr. Dennis⁵⁰ on these questions.

Kellogg

50. William Coy Dennis, general legal adviser to the president of the Plebiscitary Commission.