ous attempts to agree upon a basis of terms for a treaty of peace between Chili and Peru. In reply I beg leave to assure you of the pleasure it will afford me to give you a short history of the negotiations referred to. At the interview held with your excellency after the interchange of notes under date of September 9 ultimo, I stated to you that, as my Government could not feel that the terms of the protocol of Viña del Mar were such as it could recommend Peru to accept, I was anxious that some substantial modification of those terms might be made, in order that my Government could be able to use its good offices in bringing about a peace between its friends. After further consultation, you said that the demands of Chili would be reduced practically to three conditions: first, the cession of Tarapaca; second, the right to purchase the district of Tacna and Arica for a nominal sum of money: and, third, the right to control the sale of guano advertised for the 18th of October. You further said that these conditions were absolute and final. I then had a conference with Señor Calderon, to ascertain what his views would be upon these conditions. This Gentleman said that without some authoritative expression from his people he did not feel at liberty to agree to any peace upon the basis of a cession of territory. He desired a truce of three years, during which time the opinions of the Peruvians might be unified and a line of action clearly defined. I presented this request for a truce to your excellency, who immediately declined to entertain the proposition. I then requested permission to allow Señor Calderon to go to Peru for a short time, in order to consult his people upon making a peace upon the terms proposed by your excellency. It was not deemed expedient to grant this request. I then asked that he be permitted to go to Angol, where a number of prominent Peruvians are domiciled, and offered to accompany him in person. This permission was granted, and our voyage to that place was facilitated by your excellency. At Angol we had long consultations with Señor Calderon's friends, and a conclusion was arrived at which rendered me entirely confident that Señor Calderon would be able to comply with the requirements of your excellency's Government. Soon after our return to Santiago, my understanding is, that Señor Calderon received advices directly from his people in Peru, which seemed positively to prohibit his making an agreement to sell the territory of Tacna and Arica, though he felt fully authorized to consent to the cession of Tarapaca. In consequence of these advices Señor Calderon has steadily refused since that time to consent to a direct sale of the territory alluded to. This decided opposition of the parties has given rise to the various efforts at a compromise. These efforts have been made upon the basis of several proposals, mostly originated by myself, and may briefly be enumerated as follows: First. In order to remove the difficulty regarding the sale of Tacna and Arica, I proposed a treaty on the basis of ceding Tarapaca, with a separate article presenting the question of Tacna and Arica, to the Peruvian Congress for its own decision, without any recommendation from Señor Calderon. This proposal was declined, both by your excellency and Señor Calderon. Second. I proposed to make the river Azufre the boundary line, giving Arica to Chili and Tacna to Peru. This proposal was not accepted by either party. Third. This suggestion came from your excellency's Government, and was made into a formal proposal by myself. Owing to a mistake of my own, as to one of the conditions, the proposition was first made to Señor Calderon as follows: Chili to have military occupation of Tacna and Arica for five years, at the end of which time a vote to be taken by the people of the territory to determine whether they would attach it to Chili or to Peru. If the vote took the territory to Chili the latter was to pay Peru $10,000,000 in compensation. Chili was to pay Peru $3,000,000 as a loan, upon the ratification of the treaty, and if Chili afterwards obtained the territory by a vote of the people thereof, this amount was to be deducted, leaving Chili seven millions still to pay. If the territory went to Peru, the latter was to repay the three millions with 6 per cent. interest, and Chili was to retain possession of the territory until the whole amount was paid. The mistake made by me above referred to, was that your excellency's Government, while being willing to pay $10,000,000 for the territory, if voted Chili, also expected to receive $10,000,000, if voted to Peru. Señor Calderon, however, refused the proposal in its more favorable form, and it was useless to present it to him in the other form, even if I had felt authorized to commit my own Government to it in that shape. Fourth. I proposed to Señor Calderon that Chili should have military occupation of Tacna and Arica for ten years, and then evacuate it. He declined this, and it was not presented to your excellency. Fifth. I proposed to submit the following question to the President of the United States, in the capacity of a friendly arbitrator : "Shall the Chilian Government as a measure growing out of the necessities and manner of settlement of the war have the right to purchase the Peruvian territory lying between the river Camarones and the river Sama, for the sum of $9,000,000, with the stipulation that Bolivia shall be given the perpetual right to the free and innocent passage over said territory, with perpetual freedom from export and import duties, upon the conclusion of a satisfactory treaty between the latter Republic and the Republic of Chili?” Señor Calderon accepted this proposal, but your excellency declined it, chiefly for two reasons; firstly, because to refer such a question at this time to a foreign ruler would be practically to place the results of the war in the hands of a foreign state, which would be an infringement upon the sovereignty of Chili; and secondly, because to admit the possibility of a decision against Chili, would be to yield all claim upon the district in question, a claim which she has constantly made since the conference of Arica. Sixth. I then proposed to Señor Calderon that Tacna and Arica should be ceded to Bolivia. This proposal he declined, and it was not presented, therefore, to your excellency. Seventh. I then proposed that the following question be submitted, not to the head of a foreign Government, but to a diplomatic representative friendly to both parties, who should simply be regarded in the light of an impartial referee: "Shall Chili have the right to purchase the territory embracing Tacna and Arica for $9,000,000, or shall she have military occupation of the said territory for a period of fifteen years, being obliged to evacuate it at the expiration of that period?" As this proposition removed your excellency's objection to a foreign ruler, and also secures either the purchase of the territory or its occupation for fifteen years, your excellency consented to accept it, in substance, as the basis of a negotiation. Señor Calderon also consented to it, and I rejoiced in the belief that we were to have peace at last. When we came to the arrangement of details of procedure, Señor Calderon made certain stipulations to the effect, first, that a clause should be inserted in the treaty, that Chili should pay all of the legitimate debts of Tarapaca, and "make arrangements conducing to a compliance with the contracts of the Peruvian creditors "; secondly, he proposed making a protocol with the American minister at Santiago, setting forth the terms of the agreement, after which he was to be put in liberty and proceed to Arequipa; he was then to assume direction of his Government, and nominate a plenipotentiary in Lima, to sign with the Chilian representative a truce for six months; thirdly, after the signing of the truce, an election was to be held in Peru for members to a new Congress, to deliberate upon the proposed terms of peace, which, if ratified by the Congress, were to be embodied in a formal treaty to be signed by authorized plenipotentiaries on both sides, at Lima; fourthly, in case of non-ratification by the Congress, notice thereof to be given to Chili, who might resume hostilities thirty days after receiving it. In defense of these stipulations, Señor Calderon urged that Arequipa was the capital of Peru, and that he would have to observe the form of again assuming direction of the Government; that to hold the Congress in Lima would be to place it under the military control of a foreign power, and that he himself would be as much a prisoner in Lima as in Santiago. In order to act freely they must all be outside the Chilian lines. He also claimed that six months was a very short time in which to hold an election, &c. Your excellency declined all these stipulations. First. You said that there was no need to make any stipulation in the treaty concerning the Peruvian debt, as the responsibility of your Government was fixed by law and by the guano decree of February last, under which $240,000,000 of that indebtedness had been arranged for with the bondholders. Second. That instead of going to Arequipa, Señor Calderon must proceed to Lima, sign a preliminary treaty, convoke the Magdalena legislature, and in forty-five days confirm or reject the treaty. Your excellency proposed withdrawing the Chilian troops temporarily to Callao in order to leave Lima free to the legislature. Third. Your excellency declined a truce of six months, as it would lose to Chili the advantage of her present situation and expose her troops to the attacks of guerillas, who would not respect any truce. In the discussion which followed neither your excellency nor Señor Calderon felt disposed to recede from the position taken, and the promised peace failed. I believe I have given the substantial facts of the case in the foregoing statement, though if I have made any error I shall be glad to have your excellency correct it. I embrace, &c., C. A. LOGAN. Peace Protocol Between Novoa and Iglesias 1 I bind myself formally and solemnly to celebrate with the Republic of Chili a treaty of peace, as soon as the minister plenipotentiary of that country recognizes me in the name of his Government as President of Peru. (I will sign such peace) on the following conditions: 1st. Unconditional and perpetual cession to Chili of the department of Tarapaca, as far towards the north as the Quebrada de Camarones, this territory passing in consequence under the absolute sovereignty of Chili. 2d. The territories of Tacna and Arica, actually in the possession of Chili, will be subject to the legislation and laws of Chili for the term of ten years, reckoning from the day when the treaty of peace shall be celebrated. This term once elapsed, a plebiscite will be convoked to decide by popular vote 1 Inclosure in despatch of Mr. Logan to Secretary Frelinghuysen, July 2, 1883. U. S., Foreign Relations, 1883, p. 117. whether these territories shall remain under the sovereignty of Chili or return to that of Peru. That one of these two nations, in whose favor the definite annexation shall be decided, shall pay the other 10,000,000 silver pesos in Chilian coin or in Peruvian soles of equal fineness. A special protocol shall establish the form under which the plebiscite shall take place, and the term in which the 10,000,000 pesos shall be paid by the country remaining master of Tacna and Arica. Treaty of Peace and Friendship Between Chile and Peru. Signed La República de Chile, de una parte, i de la otra la República del Perú. deseando restablecer las relaziones de amistad entre ámbos paises, han determinado celebrar un Tratado de paz i amistad i al efecto han nombrado i constituido por sus Plenipotenciarios a saber: S.E. el Presidente de la Republica de Chile a don Jovino Novoa, i S.E. el Presidente de la Republica del Perú a don José Antonio de Lavalle, Ministro de Relaciones Esteriores i a don Mariano Castro Zaldívar. Quienes, despues de haberse comunicado sus Plenos Poderes, i de haberlos hallado en buena i debida forma. han convenido en los artículos siguientes: ART. PRIMERO. Restablécense las relaciones de paz i amistad entre las 1 Martens, N. R. G., 2d series, vol. 10, p. 191. Papers, vol. 74, p. 349. Ratifications exchanged The Republic of Peru on the one part, and the Republic of Chile on the other, being desirous of re-establishing friendly relations between the two countries, have resolved to conclude a Treaty of Peace and Friendship, and for that purpose have named as their Plenipotentiaries, that is to say: His Excellency the President of the Republic of Peru, Don José Antonio de Lavalle, Minister of Foreign Affairs; and Don Mariano Castro Zaldivar; And his Excellency the President of the Republic of Chile, Don Jovino Novoa : Who, after having communicated to each other their full powers, and found them to be in good and due form, have agreed upon the following Articles: ARTICLE 1. Relations of peace and friendship are re-established beTranslation from British and Foreign State at Lima, March 28, 1884. |