Office of the Historian

Mr. Dudley to Mr. Hay.

American Legation,
Lima, Peru, January 30, 1904.
No. 852.]

Sir: I have the honor to transmit herewith translation of each of the two recent boundary treaties between Peru and Bolivia, with an additional translation, “Modifications made by the Congress of Bolivia to the treaties of September 23 and December 30, 1902.”

I have, etc.,

Irving B. Dudley.
[Inclosure 1.—Translation.]

treaty relating to the demarcation of frontiers.

The Government of the Republic of Peru and of the Republic of Bolivia, having in view the solution by peaceful and friendly means of the controversy as to limits now pending between both countries, have agreed to define and fix the divisionary line, and have appointed for this purpose their plenipotentiary, viz:

His excellency the President of Peru has appointed Dr. Felipe de Osma its envoy extraordinary and minister plenipotentiary to the Government of Bolivia.

His excellency the President of the Republic of Bolivia has appointed Dr. Eliodoro Villazou, the minister of foreign affairs.

These parties, after exhibiting their full powers and finding them to be in due form, have agreed to the following articles:

  • Article 1. The two high contracting parties agree to proceed to the demarcation of the frontier, from the point of intersection between this and the boundary of the territories occupied by Chile, in accordance with the third clause of the treaty of peace of 1883, on the west, and as far as the snow fields of Palomani on the east, it being understood that in this region the terminating point of the divisionary line is to be fixed in accordance with the surveys and indications of the commission of limits. The settlement of the question as to the re mainder of the frontier is reserved for another special convention.
  • Article 2. The high contracting parties likewise agree to proceed, in accordance with the conditions of the present treaty, to the demarcation of the line which separates the Peruvian provinces of Tacua and Arica from the Bolivian province of Carangas, immediately after the said provinces are once more under the sovereignty of Peru.
  • Article 3. The frontier pointed out in the first article shall be surveyed by a mixed demarcation commission, composed, on each side, of a national commission capable of examining and appreciating the titles relating to the limits, a chief geographical engineer, an assistant engineer, a secretary, and the necessary auxiliary staff. These commissions shall be duly constituted, and shall commence their labors as soon as the interchange of ratifications has taken place.
  • Article 4. The surveys shall comprise at least a league in extent on each side of the limit now recognized, and as regards the points about which there exists dispute they shall include the whole of the disputed territory, with its irregularities and” topographical details.
  • Article 5. The mixed commission shall make plans, dividing them into numbered sections, and shall set down in them the irregularities of the grounds, the limits more or less recognized at the present time, and the advances or limits claimed by the commissioners of each nation. Having come to an agreement, it shall proceed to the demarcation and placing of landmarks on the divisionary line, and while ordering them to be placed in their proper position, shall draw up a document setting forth the facts and also the number of landmarks. Should there be any disagreement, each commission will mark on a plan the limit which ought to be fixed, according to its judgment, and will accompany [Page 685] the same with a concise memorandum, stating what are the titles and which are the reasons.
  • Article 6. The plans or maps shall be submitted to the examination and approval of the respective governments, and by means of a general protocol, or other partial ones, the definite divisionary line of both nations shall be fixed, and on the said line shall be set up the landmarks, their respective localities being duly set forth in as many minutes of the proceedings as may be necessary.
  • Article 7. If the high contracting parties should be unable to resolve between themselves the cases which may arise of disagreement between the respective commissions, they shall submit the same to arbitration.
  • Article 8. The detailed instructions for the commissions to commence their labors shall be agreed upon in due time, by means of a special protocol, and they shall be handed to the respective commissions, which, for this purpose, shall have assembled in the city of La Paz or in that of Puno.

In witness whereof the undersigned have set their hand and seal to the present treaty, drawn up in duplicate, in the city of La Paz, on the 23d day of September, 1902.

  • Felipe de Osma
  • Eliodoro Villazou.
[Inclosure 2.—Translation.]

treaty of arbitration respecting limits.

The President of the Republic of Peru and the President of the Republic of Bolivia, being desirous of settling the question of limits now pending between the two States, have for this purpose appointed as their plenipotentiaries:

  • His excellency the President of Peru has appointed Dr. Felipe de Osma its envoy extraordinary and minister plenipotentiary to the Government of Bolivia.
  • And his excellency the President of the Republic of Bolivia has appointed Dr. Eliodoro Villazou, the minister of foreign affairs.

These parties, after exhibiting their full powers and finding them to be in due form, have agreed, in accordance with the second clause of the general arbitration treaty of November 21 of last year, to the following:

  • Article 1. The high contracting parties submit to the judgment and decision of the Government of the Argentine Republic, as arbitrator and judge of rights, the question, of limits now pending between both republics, so as to obtain a definite and unappealable sentence, in virtue of which all the territory which in 1810 belonged to the jurisdiction or district of the Ancient Audience of Charcas, within the limits of the viceroyalty of Buenos Ayres, by acts of the ancient sovereign, may belong to the Republic of Bolivia; and all the territory which at the same date and by acts of equal origin belonged to the viceroyalty of Peru may belong to the Republic of Peru.
  • Article 2. The demarcation and placing of landmarks on the frontier which commences between the Peruvian provinces of Tacua and Arica and the Bolivian province of Carangas on the west, as far as the snow fields of Palomani, having been arranged, that section does not form part of the present treaty.
  • Article 3. The arbitrator, in announcing his decision, shall do so in accordance with the laws of the recompilation of the Indies, royal schedules and orders, the decrees of intenclentes, the diplomatic documents relating to the demarcation of frontiers, official maps and descriptions, and in general with all the documents which may have been dictated with official character, so as to give the true and correct meaning and effect to the said royal dispositions.
  • Article 4. Whenever the royal acts and dispositions do not define the dominion of a territory in clear terms, the arbitrator shall decide the question according to equity, keeping as near as possible to the meaning of those documents and to the spirit which inspired them.
  • Article 5. The possession of a territory, although held by one of the high contracting parties, can not have effect nor prevail against the titles or royal dispositions setting forth the contrary.
  • Article 6. The high contracting parties shall, as soon as the ratifications of this treaty have been interchanged, request the Government of the Argentine Republic, simultaneously, and by means of their respective envoys extraordinary and ministers plenipotentiary, to accept the post of arbitrator, assume jurisdiction for the cognizance, substantiation, and decision of the controversy and to establish the mode of procedure to be followed.
  • Article 7. Within one year after advice of acceptance by the Argentine Government, the aforesaid diplomatic representatives shall present their statement expressing clearly the rights of their respective States, and the documents which uphold them or upon which they are founded.
  • Article 8. The aforesaid diplomatic agents shall represent their Governments in the case with all the necessary authority to receive and reply to statements, offer proofs, present and amplify briefs, provide data to enlighten the discussion of the respective rights, and, in short, to carry on the case to its conclusion.
  • Article 9. As soon as the decision is given, it shall be definitely recorded by the mere fact of it being communicated to the aforesaid envoys extraordinary and ministers plenipotentiary of the high contracting parties. From that moment the territorial delimitation shall be considered definitely and compulsorily established by right between both republics.
  • Article 10. For all that is not specially settled by this treaty, that of November 21, 1901, shall be in force.
  • Article 11. The ratifications of this treaty, after it has been duly approved and ratified by the governments and legislatures of both States, shall be interchanged at La Paz or in Lima, without the slightest delay.

In witness whereof the undersigned have set their hand and seal to the present treaty, drawn up in duplicate, in the city of La Paz, on the 30th day of December, 1902.

  • Felipe de Osma.
  • Eliodoro Villazou.
[Inclosure 3.—Translation.]

modifications made by the congress of bolivia to the treaties of september 23 and december 30, 1902.

Bolivian Legation in Peru,
Lima, November 2, 1903.

Mr. Minister: Under date of October 22 last, and under No. 28, his excellency Dr. Eliodoro Villazou, minister for foreign relations of Bolivia, writes me as follows:

“Mr. Minister: Confirming the telegram which I addressed to you, I have the pleasure to hand you a copy of the laws of the honorable National Congress, by which were approved the treaties of September 23 and December 30, 1902, celebrated with the Republic of Peru: José Manuel Paudo, constitutional President of the Republic. Whereas the National Congress has sanctioned the following law, the National Congress decrees: The treaty celebrated between the Republic of Bolivia and Peru on September 23, 1902, through Messrs. Eliodoro Villazou, minister of foreign affairs, and Felipe de Osma, envoy extraordinary and minister plenipotentiary of Peru, is hereby approved with the modification, which at the time of the interchange of ratifications must be set forth in the following terms: In the first article, instead of saying * * * “As far as the snow fields of Palomani,” it must say, “As far as the point in which the present frontier line coincides with the River Suchez,” Let it be communicated to the executive for the constitutional purposes. Hall of the honorable National Congress, in session, La Paz, October 19, 1903. Anibal Capriles, Venancio Jiminez, Demetrio F. Córdova, Faustino A. Quiroga, D. S., César Salinas, D. S. I therefore promulgate it, that it may be considered as a law of the Republic and obeyed as such. La Paz, October 22, 1903.

“José Mauuel Paudo, constitutional President of the Republic. Whereas the National Congress has sanctioned the following law the National Congress decrees: Sole article. The arbitration treaty between Bolivia and Peru, respecting the demarcation of boundaries, celebrated in this city on December 30, 1902, between the minister for foreign relations of Bolivia, Dr. Eliodoro Villazou, and his excellency the envoy extraordinary and minister plenipotentiary of Peru in Bolivia, Dr. Felipe de Osma, is hereby approved with the alteration introduced in the approval of the treaty of September 23 of the same year, as regards the first clause. Let it be communicated to the executive for the constitutional purposes. Hall of the honorable National Congress, in session, La Paz, October 19, 1903. Aníbal Capriles, Venancio Jiminez, Demetrio F. de Cordoba, Faustino [Page 687] A. Quiroga, D. S., Cesar Salinas, D. S. I therefore promulgate it, that it may be considered as a law of the Republic and obeyed as such. La Paz, October 22, 1903. José Manuel Paudo. Eliodoro Villazou. I repeat to you the assurances of my highest consideration.

“To Señor Don Jose Manuel Braun, envoy extraordinary and minister plenipotentiary of Bolivia in Lima.”

I have the greatest pleasure in communicating to your excellency the foregoing note, and beg to repeat the assurances, etc.,

J. M. Braun.

To His Excellency Señor Dr. José Pardo,
Minister for Foreign Relations of Peru.