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

723.2515/1756: Telegram

The President of the Plebiscitary Commission (Pershing) to the Secretary of State

Arica [undated].
[Received December 17, 1925—9:55 a.m.]

For the Arbitrator: Pursuant to instructions from the Plebiscitary Commission the following is communicated.

Part I. The Plebiscitary Commission, Tacna-Arica Arbitration

Resolved by the Plebiscitary Commission, Tacna-Arica Arbitration, that the portion of the “dissenting opinion and request for certification on appeal” of His Excellency the Chilean member, dated December 11, 1925, read, delivered and filed on December 14, 1925, which sets forth a dissent and appeal from the action of the Commission, on December 9, 1925, in substituting for a resolution to fix the date of the plebiscite introduced by the Chilean member, a resolution on the same subject introduced by the President of the Commission,⁸⁴ and in adopting the latter, be and hereby is certified to the Arbitrator under the provisions of the second sentence of paragraph D, page 45 of the award, as presenting a “question of general importance in relation to the holding or result of the plebiscite”; and that all other portions of said “dissenting opinion and request for certification on appeal” be transmitted to the Arbitrator for such consideration as he may deem proper, on his own motion, under the provisions of the first sentence of said paragraph D.

• Section 2. That the President of the Commission be and hereby is instructed to cable to the Arbitrator this resolution; the aforesaid “dissenting opinion and request for certification on appeal”; the Chilean member’s note number 100, dated November 21, 1925, containing a draft of a resolution to fix the date of the plebiscite, the substitute for said resolution introduced by the President and adopted by the Commission; and the Chilean member’s; notes numbered 106 and 108, dated respectively November 25 and December 7, 1925; and also to forward to the Arbitrator by mail a copy of each of said documents.⁸⁵
• Section 3. That after His Excellency the Chilean member of the Commission shall have delivered to the Secretary General for transmission to the Arbitrator a complete file of all documents, including all the minutes of the meetings of the Commission, which the Chilean member has made a part of his “dissenting opinion and request for certification on appeal” such file shall be transmitted by mail to the Arbitrator by the President of the Commission: provided, that any document included by the Chilean member in the file to be transmitted to the Arbitrator which is not included in the minutes so to be transmitted shall be filed in quadruplicate, one copy to be transmitted to the Arbitrator, one for the President of the Commission, one for the Peruvian member, and one for the Secretariat.
• Section 4. That the President of the Commission be and hereby is authorized to request the Secretary of State of the United States to transmit to the Arbitrator a copy of the letter dated November 27, 1925, addressed to His Excellency the Chilean member by the President of the Commission, and copy of the remarks made by the President at the meeting of December 9, 1925, in introducing a substitute for the Chilean member’s resolution to fix the date of the plebiscite; that His Excellency the Chilean member of the Commission be and hereby is authorized to request his Government to instruct the Chilean Ambassador in Washington to deliver to the Secretary of State of the United States, for transmission to the Arbitrator, a copy of the Chilean member’s address delivered at the meeting of November 28, 1925, and a copy of the memorandum read and filed by the Chilean member at the meeting of December 14, 1925, respecting the resolution to fix the date of the plebiscite introduced by the President of the Commission in substitution for a resolution on the same subject introduced by the Chilean member; and that His Excellency the Peruvian member of the Commission be and hereby is authorized to request his Government to instruct the Peruvian Ambassador in Washington to deliver to the Secretary of State of the United States, for transmission to the Arbitrator, a copy of the Peruvian member’s statement read in the 7th session of the Commission, analyzing the conditions existing in the plebiscitary area; a copy of the remarks of the Peruvian member and a statement of the status of the cases respecting offences committeed against Peruvian citizens for which complaints have been lodged in the Chilean courts, which were read during the 14th meeting of the Commission, on November 21, 1925; as well as a copy of the remarks made by the Peruvian member during the course of the 17th and 18th meetings of the Commission, on December 9 and 16, 1925.
• Section 5. That in view of the provisions of the third and last sentence of paragraph D, page 45 of the award, the Commission respectfully recommends that the Arbitrator communicate to the Commission by cable his determination as to the time and manner in which, and the record upon which, the instant appeals of His Excellency the Chilean member shall be submitted to the Arbitrator.
• Section 6. That the Commission respectfully recommends that the Arbitrator communicate to the Commission by cable his ruling as to the effect of the instant appeals upon the past, current, and future proceedings of the Commission and its agencies, with special reference to the question whether or not, pending disposition of the instant appeals, the parties are bound to cooperate with the Commission in carrying out its decision with respect to certain matters or all matters.

The foregoing resolution was adopted by the Plebiscitary Commission, Tacna-Arica Arbitration, on the 16th day of December 1925.

Sections 1 to 5, both inclusive, were adopted by unanimous vote of the three members of the Commission. Section 6 was adopted upon the affirmative vote of the President and the Peruvian member, the Chilean member abstaining from voting and formulating the following reservation:

“Section 6 of the resolution could be interpreted in the sense that the members of the Commission are to cooperate in carrying out each and every decision adopted by the Commission: but as the Commission has adopted, and may adopt in the future, resolutions affecting, or which may affect and even undermine, the laws and jurisdiction of Chile which prevail in these territories in accordance with the Treaty of Ancon and recognized by the Arbitral Award, I am compelled to abstain from voting on this section 6 and I make formal reservation of the rights of Chile.

“I wish to state at the same time, that in every matter outside these referred to, and particularly in the enactment of the registration and election regulations, the Commission can count on the cooperation of the Chilean member”.

[Here follow the texts of the documents referred to in section 2 of the resolution.]

John J. Pershing

84. Text of resolution of December 9 not printed; under it, the date of the plebiscite was fixed for April 15, 1926, after a period for registration of one month, February 15–March 15. A resolution adopted by the Commission on January 12, 1926, postponed all dates 15 days. All dates were subject to change by the Commission.
85. For text of the Chilean member’s note No. 100, Nov. 21, and discussion of the other documents mentioned, see El proceso de Tacna y Arica (1925–1927): reseña de los principales sucesos …, pp. 122–150.