723.2515/2749

The Secretary of State to the Peruvian Ambassador ( Velarde )

Memorandum

The Secretary of State acknowledges the receipt of the memorandum of His Excellency, the Peruvian Ambassador, dated December 3, 1926, reading as follows:

“The Government of Peru, in order to be in a better position to make a decision and as the necessary clarification of the memorandum presented by His Excellency, the Secretary of State, November 30, last, desires to know if, in the opinion of His Excellency, the proposed transfer of the inhabitants of Tacna-Arica is to be made without [Page 519] consulting their own wishes and if in case this consultation is made what forms will be employed in its execution and what authorities would discharge this duty.”

With full appreciation of the spirit of solicitude for the welfare of the inhabitants of Tacna and Arica which has prompted this inquiry by the Government of Peru, and which the Secretary of State cordially shares, he desires to direct attention to the provisions appearing in paragraph (a) of the plan of solution outlined by him on November thirtieth last. It will be observed that this paragraph provides that the Republics of Chile and Peru, either by joint or by several instruments freely and voluntarily executed, shall cede to the Republic of Bolivia in perpetuity all right, title and interest that either may have in the provinces of Tacna and Arica. In making this proposal the Secretary of State was not unmindful of the propriety of appropriate guarantees for the protection and preservation of the personal and property rights of the inhabitants of the provinces of whatever nationality and, with that in view, the following provision was inserted in paragraph (a):

“The cession to be made subject to appropriate guarantees for the protection and preservation, without discrimination, of the personal and property rights of all the inhabitants of the provinces of whatever nationality.”

It is the opinion of the Secretary of State that the provision above quoted, upon acceptance of the Secretary’s proposal by both parties, will secure every protection to the interests of the inhabitants of the provinces that is possible in the circumstances of the case. The Secretary of State sincerely trusts that the foregoing assurance will prove satisfactory to the Government of Peru, and will facilitate its acceptance of the pending proposal.

The Secretary of State takes pleasure in transmitting herewith for the information of His Excellency, the Peruvian Ambassador, copies of the communications which he has received from the Governments of Chile and Bolivia.