723.2515/2384: Telegram
The Consul at Arica (Von Tresckow) to the Secretary of State
From Lassiter. I have asked my legal advisers to prepare draft of a termination resolution, as there is very serious doubt of possibility of passing resolution contained in your telegram of May 15, noon, and as it can not be said to meet requirements of case. Text of prepared draft resolution follows and I think it should be passed at once:12
- “1. Whereas under award of the Arbitrator in the Tacna-Arica arbitration the plebiscitary territory remains during the plebiscitary period subject to Chilean law and authority;
- 2. Whereas the correlative obligation rests upon Chile to govern the territory so as not to frustrate the purpose for which a plebiscite was prescribed but to create and maintain suitable conditions therefor;
- 3. Whereas said obligation has not been discharged; and
- 4. Whereas in the light of 10 months’ experience and observation and of all the information before it, the Commission has reached the settled conviction not only that there has been no material progress towards establishing suitable plebiscitary conditions, but that none is in prospect;
Therefore, it is resolved by the Plebiscitary Commission, Tacna-Arica arbitration:
- Section 1, that, owing to the causes hereinbefore recited, the free and fair plebiscite required by the award cannot be carried out;
- Section 2, that all proceedings looking to the holding of the plebiscite are hereby terminated, provided, however, that the powers of the Commission shall remain unimpaired until the measures formulated or to be formulated for liquidating and closing the affairs of the Commission and for depositing with the Arbitrator the records of the Commission shall have been accomplished.”
. . . . . . . . . . . . . .
In accordance with Edwards’ request, a meeting of the Commission will take place June 5 (Saturday), 4 p.m., to consider motion he has made to fix date of election. I intend to suggest that his motion shall lie on table as pending business to be considered at Commission’s next meeting. I am unable to foretell what Chilean reaction will be, but the indications are that aggressive attitude is being contemplated so as to force us to act on plebiscite. I am informed that the Chilean members of the registration boards have withdrawn until day of election is fixed, and rumors are floating about that we would be asked to leave if we will not act. Situation both for Peruvians and for ourselves is becoming more and more tense. If you do not think that negotiations at Washington would be affected unfavorably, it would be very desirable to move resolution quoted above at meeting of Commission on Saturday. Lassiter.