Minister Dudley to
the Secretary of State.
American Legation,
Lima, July 29,
1906.
No. 1273.]Sir: I have the honor to inclose herewith a
copy and translation of a modus vivendi between Peru and Colombia,
signed at Lima on the 6th instant by the plenipotentiaries of those
Governments. It is in substance the same as that celebrated in May, 1904
(see the legation’s No. 979, of Aug. 31, 1904), intended as a temporary
solution of the territorial disputes of the two countries in the
Putumayo region while awaiting the final settlement of the question by
arbitration.
In this connection I quote the following pertinent passage from the
message of President Pardo, read before the Peruvian Congress on the
28th instant:
On September 12, 1905, our minister at Bogota concluded with the
Government of Colombia three conventions, which my Government
submitted to the former Congress in its ordinary session.
The first is a treaty of general arbitration, similar to the one
we have concluded with the Kingdom of Italy.
The second is a special treaty of arbitration relating to our
boundary question wherein, as in former treaties of the same
character which have been heretofore concluded with that
Republic, the controversy is submitted to the decision, to be
based upon considerations of equity, of His Holiness Pope Pius
X. But as our question with Colombia is connected with the one
with Ecuador, it has been agreed that the arbitration with
Colombia shall only take place after the termination of the one
in which we are now proceeding with Ecuador, upon the
adjudication by the royal Spanish arbitrator to Peru of
territories which are likewise claimed by Colombia.
Finally, the third pact arranged at Bogota is a provisional modus
vivendi, the object of which was to avoid conflicts imminent in
the region of the Putumayo, which might have disturbed the
friendly relations of the two countries and have interfered with
the arbitration which is to decide the boundary controversy.
The two first-mentioned treaties, of general and of special arbitration,
are still before the Peruvian Congress awaiting ratification. Copies of
them will be found in the Bulletin of the Peruvian Ministry for Foreign
Relations, No. IX, two copies of which I expect to forward the
department by the same mail with this.
The third of these compacts was never carried into effect in consequence
of difficulties which were encountered, due to the difference in the
customs tariffs of the two countries. This made further legislative
action necessary to the execution of the pact within the disputed
territory. The modus vivendi of July 6, 1906, was therefore negotiated
in lieu of the former one. It is held not to require legislative
ratification and has gone into effect at once.
I have, etc.,
[Page 1220]
[Inclosure.—Translation.]
modus vivendi between peru and
colombia.
The Governments of Peru and Colombia, carrying into effect the
objects of a fraternal settlement which determined the celebration
of the treaty of arbitration of boundary questions signed at Bogota
on September 12, 1905, and in order to assure harmony between the
two countries, united by close bonds of friendship, have resolved to
celebrate a pact conducive to that end, with which object in view
they have named their plenipotentiaries, viz:
His Excellency the President of the Peruvian Republic, Dr. Javier
Prado y Ugarteche, minister of state, in charge of the foreign
office; and Dr. Hernan Velarde, envoy extraordinary and minister
plenipotentiary of Peru in Colombia, at present in Lima; and His
Excellency the President of Colombia, Mr. Luis Tanco Argáez, envoy
extraordinary and minister plenipotentiary of Colombia in Peru; who,
after showing their full powers, which were found to be in correct
and due form, have agreed on the following:
- 1.
- The Governments of Peru and Colombia agree to maintain the
statu quo in the disputed territory between the two
countries until the definite solution of the controversy
through the arbitration agreement entered into at Bogota on
September 12, 1905.
- 2.
- In order to prevent every difficulty and dangerous
conflict in the region of the Putumayo, the Governments of
Peru and Colombia agree to withdraw from that river and its
tributaries during this provisional situation all garrisons,
civil and military authorities, and custom-houses they have
established there.
- 3.
- In consequence of the friendly character of this
agreement, the conditions of commercial traffic shall be
identical for Peruvians and Colombians on the Putumayo and
its tributaries, and the merchant vessels of both one and
the other shall be entitled to its free navigation.
- 4.
- The Governments of Peru and Colombia bind themselves to
make no alterations in the regime which this pact lays down
until such time as the boundary question between the two
countries is definitely settled.
- 5.
- The foregoing stipulations do not in any way signify the
renunciation or acknowledgment of territorial rights in
favor of either one or the other, their sole object being
the avoidance of conflicts in that region, thus facilitating
the amicable solution sought by both Republics.
- 6.
- This agreement, which replaces in all its clauses that of
a like character celebrated at Bogota on September 12, 1905,
will be immediately put into effect by both parties, to
which end the necessary orders will be at once
issued.
In witness whereof they sign the present
document in duplicate and seal it with their private seals, at
Lima, on July 6, 1906.
[
seal.]
J.
Prado y Ugarteche.
[
seal.]
Hernan
Velarde
,
[
seal.]
Luis Tanco
Argáez.
