723.2515/1334

Memorandum by the Secretary of State of a Conversation with the Chilean Ambassador (Mathieu), June 16, 1922

The Chilean Ambassador called pursuant to appointment and left with the Secretary a memorandum,12 in Spanish, stating the course of the proceedings at the Conference and the difficulties which had been encountered. The Ambassador did not ask for the good offices of the Secretary, but said that he was simply instructed to give him information as to the state of affairs. As it was evident that the Ambassador desired to talk informally and to have any suggestions that the Secretary might care to make, the Secretary said that he was glad to receive the information, and that if in a personal and informal way he could be of assistance he should be glad to give it. The Ambassador then spoke of the tentative suggestions that had been outlined in conversations between Dr. Izquierdo and Dr. Porras. The Ambassador said that these had not been submitted to the Chilean Government. As the Peruvian Government had refused them there was no occasion for such submission, but that so far as Dr. Izquierdo and Dr. Porras were individually concerned they had been able to reach this basis. The Secretary asked for a copy of this tentative arrangement. The Ambassador said that Dr. Rowe had one and that he would have it sent to the Secretary. The Secretary made it clear that he would like to take it up in a wholly individual way and that he and the Ambassador could discuss the matter quite frankly in order that, if possible, means of solving the problem could be considered. The Ambassador said that this was exactly what he desired and expressed the opinion that it was very important that this should be done as this was now the “only hope” of reaching a settlement.

In the course of the interview, in referring to the Peruvian suggestion that the question should be arbitrated whether a plebiscite could be held, the Ambassador said that Chile had always insisted that the plebiscite should be held and that this was the way of carrying out Article 3 but that there was no objection on Chile’s part to Peru arguing before the arbiter against the view that the plebiscite should be held. The Ambassador further stated that Chile could not consider the submission to arbitration of the question of the disposition of the territory.

It was then arranged that there should be a further interview on the following day.

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[Translation14]

The Chilean Embassy to the Department of State

Memorandum

1. The Embassy of Chile believes that the time has come to inform the Department of State of the present condition of the Chilean-Peruvian negotiations, since the delegation of Chile is compelled to regard as exhausted its efforts to arrive at a direct agreement with the delegation of Peru.

2. The delegation of Chile, in the course of the meetings, proposed five formulas for a solution, within which, in the opinion of its Government, the only subject of discussion between the two countries has always been, namely, the conditions under which the plebiscite stipulated in article 3, not yet executed, of the Treaty of Ancón should be executed. The five formulas of Chile were flatly rejected by the delegation of Peru. They are as follows:

(a)
Carry out the plebiscite in accordance with the agreements of the Huneeus-Valera negotiations of 1912;15
(b)
Carry it out in accordance with the counter proposal submitted by Senor Porras as Minister of Foreign Affairs of Peru to the Legation of Chile at Lima, under date of November 5, 1909,16 together with the modifications suggested by the delegates of Chile;
(c)
Submit at once to arbitration all the conditions of the plebiscite over which there may have been no previous agreement between the two Governments, or concerning which there may have been conflicting propositions;
(d)
Begin a discussion of the bases of the plebiscite without reference to any previous negotiations, points of disagreement being referred to arbitration;
(e)
Concurring in the purpose manifested by the Peruvian delegation to seek the way to execute article 3 of the Treaty of Ancón, and considering that the first proposition of its formula subjects to the possibility of elimination the judicial principle of consulting the inhabitants of Tacna and Arica for a decision as to the final sovereignty over those territories, under circumstances requiring that consultation by universal law and as set forth in a treaty the full force and observance of which form the foundation of the American invitation, the Government of Chile accepts the third proposition of the Peruvian formula and proposes to the Government of the United States that it fix the form in which the plebiscite consultation is to be made.

The propositions a, b, c, and d were offered as optional to the Peruvian delegation. Proposition e was made as a counter proposal to formula b proposed by the delegation of Peru.

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3. The delegation of Peru, for its part, has proposed the following two formulas:

(a)
That article 3 of the treaty be applied so as to establish a presumption of the will of the inhabitants of Tacna and Arica in 1894, and that that will being known, the plebiscite be regarded as having been held and the provinces be returned to Peru;
(b)
For the purpose of determining the manner in which the stipulation in article 3 of the Treaty of Ancón should be carried out, let the question be referred to arbitration as to whether or not it is proper under the present circumstances to put the plebiscite into effect. If it is not proper, to which country does the final sovereignty over Tacna and Arica belong and under what conditions? If it is proper, under what conditions shall the plebiscite be carried into effect?

4. The delegation of Chile regrets its inability to accept either of the two formulas of the delegation of Peru because it believes that they are not intended to carry out the Treaty of Ancón, besides departing from the terms of President Harding’s invitation, which were accepted by the two Governments and which, in the opinion of the Chilean delegation, established a tacit agreement regarding the matter open to discussion in this conference and upon the question of eventual arbitration contemplated in the same invitation.

5. The Embassy of Chile, in placing on record the failure of the efforts of the delegation of its country towards reaching the agreement sought, renews, in the name of its Government, its offer to accept any formula of solution that is kept in conformity with the execution of the treaty and with the conditions of President Harding’s invitation.

  1. Infra.
  2. Filed separately under file no. 723.2515/968; file translation revised.
  3. See Foreign Relations, 1913, pp. 1224 ff.
  4. Ibid., p. 1174.