723.2515/1685: Telegram
The Secretary of State to the Consul at Arica (Von Tresckow)
For Pershing:
. . . . . . . . . . . . . .
In view of attitude of Chilean Commissioner that decisions of Plebiscitary Commission will be ignored until registration and election regulations have been enacted, I suggest for consideration feasibility of taking them at their word and enact election rules and regulations as early as you can, but give notification that compliance with decisions of Commission is expected. … Plebiscitary Commission would not lose its power to insist on noninterference with a fair election merely by its enactment of rules and regulations. Object of above suggestion is that Chile seems to be basing her withdrawal on failure of Commission to promulgate these rules and regulations, and is evidently trying to put Commission in false position in view of award, wherein it is provided that Commission shall proceed at once to formulate rules for its own procedure and regulations governing plebiscite, etc.
I do not recognize Chile’s right to say she will not comply with your demands for protection of the voters until you have promulgated [Page 417] election rules and regulations, but if you do promulgate and Chile does not thereafter comply, you can, of course, change dates, times, and places for holding registrations and election. If you should take this course it might be well for you to give out Edwards’ communication that Chilean authorities in Tacna and Arica have been instructed to ignore each and every decision of Plebiscitary Commission until regulations have been enacted, and give out at same time copy of your statement to Commission or reply which might be along these lines:
Plebiscitary Commission does not accept Chilean view that compliance with rulings of the Commission cannot be required until rules and regulations have been published, but interpreting communications of Chilean Commissioner to mean that Chilean authorities in Tacna and Arica will be instructed to carry out each and every one of decisions of Plebiscitary Commission when registration and election regulations shall have been enacted and dates for registration and holding of plebiscite shall have been fixed, the Plebiscitary Commission will now take up this matter, and as soon as regulations shall have been enacted and dates for registrations shall have been fixed, the Commission will expect the wholehearted cooperation of the Chilean authorities.
While I understand perfectly reasons you give for not issuing rules and regulations at this time, the general public is not so well informed and might accept Chilean contention that there was undue delay, in view of provisions of award that Commission shall proceed at once to formulate its rules, etc. Chile will be deprived of any possible technical justification by your promulgation of rules and regulations as suggested above, and the responsibility for compliance will be placed squarely upon her.