722.2315/781
The Ambassador in Peru (Dearing) to
the Acting Secretary of State
No. 3225
Lima, January 19, 1934.
[Received January
29.]
Sir: I have the honor to transmit herewith a
copy of a note from the Ecuadorian Minister in Lima relative to the
boundary negotiations between Peru and Ecuador and certain protocol
formalities involving a possible eventual transfer of negotiations to
Washington and arbitration by the President of the United States, with a
memorandum attached, both dated January 11, 1934, handed to me during
Secretary Hull’s visit at Lima2 by the Secretary of the Legation of Ecuador,
who also gave me a duplicate copy which the Minister especially
requested be given to the Secretary. It was actually delivered to Mr.
Cumming for the Secretary by Mr. de Lambert of the Embassy staff on
January 11th.
In this connection, it will doubtless be of interest to the Department to
hear that Dr. Polo stated to me, during a visit to the Foreign Office on
January 15th, that the negotiations with Ecuador were proceeding
satisfactorily. The Peruvian Foreign Minister mentioned that he had been
informed by the Ecuadorian Minister, with whom he had had a conversation
shortly before my visit, that the technical advisers who were to aid him
in the matter were on the point of embarking for Lima. Dr. Polo
expressed the feelings that the negotiations in Lima will be successful
and stated that the question of transferring the negotiations to
Washington will only arise in case the Lima negotiations fail and the
arbitration provided for in the Protocol requires the transfer of the
negotiations to Washington. He stated that he had that day instructed
the Peruvian Ambassador in Washington to get in touch with his
Ecuadorian colleague and simultaneously with him to approach our
Government and request its “venia”3 for the purposes mentioned,
viz: the transfer of the negotiations to Washington and the arbitration
of the President of the United States in case the Lima negotiations
fail.
[Page 458]
I may add that the atmosphere here seems rather improved through the
announcement of the early departure for Lima of the Commissioners from
Ecuador who are to aid the local Ecuadorian Minister in the
negotiations.
It is difficult to say whether the lull in the Leticia conversations at
Rio de Janeiro4 will have any
immediate effect upon the Peruvian-Ecuadorian negotiations or not.
The receipt of the note of the Ecuadorian Minister has been acknowledged
to him with a statement that it was being forwarded to the Department
and would, without doubt, receive both the Secretary’s and the
Department’s attention.
Respectfully yours.
For the Ambassador:
Louis G.
Dreyfus, Jr.
Counselor of
Embassy
[Enclosure—Translation]
The Ecuadoran Minister in Peru (Lafronte) to the American Ambassador in Peru (Dearing)
The Minister of Ecuador in Lima presents his cordial greetings to his
distinguished and esteemed friend, His Excellency, the Ambassador of
the United States of America, and would be very grateful if the
Ambassador would consent to inform extra-officially to His
Excellency, the Secretary of State of the United States of America,
that on the eighth instant His Excellency, the Minister of Foreign
Affairs of Peru and the Minister of Ecuador at Lima agreed to have
the diplomatic representatives of Ecuador and Peru in Washington,
acting jointly, request in simultaneous notes to be transmitted the
fifteenth of this month to the Department of State, the acquiescence
of the Government of the United States of America to constitute in
due time in Washington, D. C, the delegations provided for in
Article I of the Protocol signed at Quito on June 21, 1924.5
Independent of constituting in due time the aforesaid delegations in
Washington, there will be initiated in the near future in Lima, in
accordance with the provisions of Article IV of the same Protocol,
direct negotiations toward the solution of the border dispute
between Ecuador and Peru.
All antecedents of the case are included in the annexed
memorandum.
Viteri Lafronte takes this opportunity [etc.]
[Page 459]
[Subenclosure—Translation]
Memorandum
I
In the year 1923 the governments of the republics of Ecuador and Peru
requested the consent of the government of the United States of
America to constitute in Washington delegations that would endeavor
to solve the problem of limits pending between Ecuador and Peru.
II
The government of the United States gave its assent, but pointed out
the advisability that the constitution of such delegations be
effected after a solution had been reached of the question that the
governments of Chile and Peru had at the time submitted to the
arbitration of the President of the United States of America.
III
With these antecedents there was signed in Quito the protocol of June
21, 1924, the text of which is as follows:
Protocol
“Their Excellencies, Dr. N. Clemente Ponce, Minister of
Foreign Affairs of Ecuador, and Señor Enrique Castro
Oyanguren, Envoy Extraordinary and Minister Plenipotentiary
of Peru, meeting at the Foreign Office, declared that they
had received instructions from their respective governments
to put into execution the purposes already expressed and
agreed to by them in conferences and in official documents
regarding the manner to comply with the mixed formula for
the definitive solution of the question of limits between
both countries.
“In compliance with the aforesaid instructions and in the
desire of arriving as speedily as possible to a solution in
concord and equity, as befits the sentiment of loyalty and
of genuine Americanism which inspires both governments and
in satisfaction of the legitimate interests of both peoples,
they state formally the following:
- “1. The two governments, having first received the
consent of the government of the United States of
America, shall send to Washington their respective
delegations to enter into a friendly consideration
of the question of limits, in order that they may
determine by common agreement, should it not be
possible to fix a definitive boundary, the zones
that each of the two parties may recognize to the
other, the fixing of the boundary to be submitted to
the arbitral decision of the President of the United
States of America.
- “2. Having achieved one or the other of the two
aforementioned purposes, the delegations shall so
state it in a protocol designed by them and to be
submitted to the approval of the Congresses of both
nations.
- “3. The delegations shall be constituted in
Washington immediately after a solution is reached
of the question that the governments of
[Page 460]
Peru and
Chile have submitted to the arbitration of the
President of the United States. As regards the
appointment of Delegates both governments shall have
the power of making such appointment at any time,
but in any case the Delegations shall be organized
in Washington within the period referred to in this
article.
- “4. Independent of the provisions of the foregoing
clauses, the two governments through their
respective Ministers, will endeavor to advance the
solution of the litigation.
“Signed in duplicate, on the twenty-first day of June of the
year one thousand nine hundred and twenty-four.
N. Clemente Ponce
E. Castro Oyanguren.”
IV
The Government of Peru, in a note dated October 18, 1933, invited the
Government of Ecuador to initiate direct negotiations for the
solution of the boundary dispute in accordance with the provisions
of Article IV of the aforementioned Protocol.
V
The Government of Ecuador, in a note dated November 21 last, accepted
the invitation of Peru to begin direct negotiations at Lima; but at
the same time, invited the Government of Peru to request the consent
of the Government of the United States of America for the
constitution, in due time, in Washington, of the respective
delegations, as provided for by Article I of the aforementioned
Protocol.
VI
The request for the consent of the Government of the United States
shall be made in simultaneous notes to the Department of State to be
sent on the 15th instant by the Ambassador of Peru in Washington and
by the Minister Plenipotentiary of Ecuador in the same federal
capital.
VII
Independent of the foregoing direct negotiations will soon be started
in Lima as stipulated by Article IV of the aforementioned
Protocol.
Ancón, January 11, 1934.
