723.2515/3477
Final Ruling of the Arbitrator in the Matter of the Tacna-Arica Arbitration, August 2, 192951
On March 4, 1925, there was handed down the Opinion and Award of the Arbitrator in the matter of the Arbitration between the Republic of Chile and the Republic of Peru,52 with respect to the unfulfilled provisions of the Treaty of Peace of October 20, 1883,53 under [Page 812] the Protocol and Supplementary Act signed at Washington on July 20, 1922.54
In accordance with the provisions of this Opinion and Award a Plebiscitary Commission was appointed and proceeded with its labors until June 14, 1926 when it adopted a resolution terminating the plebiscitary proceedings55 for the reasons set forth in the resolution of the Commission. Further proceedings in connection with the action taken by the Plebiscitary Commission were held in abeyance pending the result of the good offices looking toward a direct settlement which the Secretary of State of the United States had tendered the Parties in April, 1926.56
A Special Commission on Boundaries was also appointed under the provisions of the Award and proceeded with its work until October 17, 1928 when, at the suggestion of the Secretary of State in the further exercise of good offices, its activities were suspended for a period of four months,57 which was subsequently extended for fixed periods from time to time, until the suspension was made indefinite by the Arbitrator’s Ruling of May 17, 1929.
Pursuant to a suggestion of the Secretary of State, in the course of his good offices, the Party Governments agreed in September, 1928, to a renewal of diplomatic relations which was actually brought about on the third of October, 1928,58 and subsequent to that time direct negotiations for settlement proceeded between the two Governments.
As a result of these negotiations on May fourteenth the President of the United States of America, not as Arbitrator but in the exercise of good offices, at the request of both Parties, summarizing the points agreed upon in the direct negotiations between them, submitted to the two Governments a proposal for the final bases of the solution of the problem of Tacna and Arica. This proposal having been accepted by the two Governments a Treaty was concluded by them on June 3, 1929, Article I of which provides that the controversy arising from Article 3 of the Treaty of Peace and Friendship of October 20, 1883, which was the sole difficulty pending between the two Governments, is definitely settled. This Treaty was ratified by both Governments and the exchange of ratifications took place on July 28, 1929.
The Arbitrator is therefore of the opinion that the controversy between Chile and Peru concerning the provinces of Tacna and Arica [Page 813] having thus been settled by direct negotiation between the Parties themselves, all proceedings of whatsoever nature incident to the arbitration under the Protocol and Supplementary Act of July 20, 1922, should be and they are hereby terminated, except the settlement of the accounts of the Disbursing Officer as provided for in the Arbitrator’s Ruling of May 17, 1929, and the functions of the Arbitrator will be completely terminated when the Disbursing Officer shall have been discharged in accordance with the Arbitrator’s Ruling of May 17, 1929 from any further responsibility in respect of his accounts.
The Arbitrator takes this occasion to express his high appreciation of the services rendered by General John J. Pershing and Major General William Lassiter who served successively as Presidents of the Plebiscitary Commission under the appointment of the Arbitrator, and of the services rendered by their able assistants, and likewise his high appreciation of the services rendered by General Jay J. Morrow who was designated by the Arbitrator as the third Member of the Special Commission on Boundaries and chosen as Chairman of that Commission by his colleagues.
In conclusion the Arbitrator desires to express most especially to the two Governments concerned his grateful appreciation of the cooperation and broadminded statesmanship manifested in the direct negotiations leading up to the definitive solution of the delicate and difficult questions which have disturbed the relations of two great peoples for so many years.
Arbitrator
By the Arbitrator
Henry L. Stimson
Secretary of State.
- Transmitted to the Diplomatic Representatives of Chile and Peru in Washington on August 2, 1929.↩
- Foreign Relations, 1925, vol. i, p. 305.↩
- Ibid., 1883, p. 731.↩
- Foreign Relations, 1922, vol. i, p. 505.↩
- See telegram, June 14, 1926, 8 p.m., from the Consul at Arica, ibid., 1926, vol. i, p. 482.↩
- See telegram, April 1, 1926, 7 p.m., to the Consul at Arica, ibid., p. 369.↩
- See ibid., 1928, vol. i, pp. 663–665.↩
- See ibid., pp. 647 ff.↩