I told him that I had suggested to the Peruvian Ambassador yesterday that he urge his Government to have the Treaty ratified. I told him confidentially that the Special Representative of the Ecuadorian Government (Elizalde), now in Washington, called on me the other day and wanted a copy of the Peruvian-Colombian Boundary Treaty and I told him that I could not give it to him because it would not be published until it was ratified; that I thought there was nothing secret about it. He seemed to understand the terms and protested that it was contrary to Ecuadorian interests because it gave Peru the territory to the north of Ecuador and would make it more difficult for Ecuador to agree with Peru as to the boundary between Ecuador and Peru. I told him that it seemed to me that the question of whether Peru conceded territory to Colombia or Colombia to Peru was a question purely between those countries; that I could not see how it could legally affect Ecuadorian interests; that the territory belonged to those countries and they had a right to settle their disputes. He said that Ecuador had conceded certain territory to Colombia but did not expect Colombia to give it to Peru. I told him I could not see that this would make any difference. If the territory belonged to either one of those countries, they were at liberty to agree on their boundaries as they saw fit. In any event, I told him the United States could not interpose or offer its good offices to settle any dispute unless all the countries involved should request it and that it was not a matter in which we had a right to interfere. I told him he could convey this information in a confidential manner to his Government. 721.2315/260 The Ambassador in Peru (Poindexter) to the Secretary of State No. 477 SIR: LIMA, November 30, 1925. ... I called at the Palace on November 23d, according to appointment, and expressed to President Leguía the gratification of the United States Government at the favorable action which had been taken by the Congress of Colombia in the ratification of the Boundary Treaty and suggested to the President that it would likewise be a source of gratification to my Government if like favorable action should be taken by the Peruvian Congress, especially in view of the active share which the former Secretary of State had, at the request of the three interested governments, in the formulation and agreement to the Procès Verbal which had been celebrated by Brazil, Co lombia, and Perú on the 4th of March, 1925, and on account of the deep interest which the United States, as a friendly American power, feels in the solution of questions which give rise to controversies and disagreements between its neighboring American Republics. President Leguía informed me that he had just had a conversation with Señor Mariategui, the President of the Chamber of Deputies, and Señor Piedra, the President of the Senate, on this subject, and that he was advised by them that it would be difficult, if not impossible, to secure the favorable action of the Peruvian Congress on the treaty until the Tacna-Arica Plebiscite had been disposed of. However, the President stated to me that in view of the representation which I had just made and of the friendly and neutral interest of the American Government in the matter, he would see the presiding officer of each House of Congress again, and that he would bring whatever pressure to bear he was able to, looking towards favorable action by Congress upon the treaty. He stated, however, that he was far from convinced that it was feasible to secure such favorable action at this time. I expressed to the President my appreciation of his offer to bring the matter forward and took the liberty of suggesting to him that in my personal opinion the ratification of the treaty by Perú, thus settling in one act long-standing subjects of controversy with two of her neighboring nations,-namely; Brazil and Colombia,-would create a very widespread favorable impression throughout America as an indication of the substantial progress which Perú would be making in the adjustment of the questions of dispute which she had pending with the neighboring republics. President Leguía thanked me for my frank expression and assured me that he was heartily in favor of the ratification of the treaty and would proceed to secure it at the earliest practicable moment. Thereafter Señor Focion Mariategui, who is also the leader of the Government party as well as the Presiding Officer of the Chamber of Deputies, called at the Embassy by appointment on November 25th, and advised me that the President had consulted with him subsequent to my interview with the President on the subject referred to. Señor Mariategui, however, expressed the opinion that while the sentiment of Congress was growing more favorable to the Colombian Boundary Treaty, yet if it were presented for action at this time, a bitter debate would be precipitated and that he had grave doubts of the success of such a motion. He stated that he believed that in view of the increasing strength of the Leguía Government and of the favorable developments in the Tacna-Arica plebiscite which had been sponsored by President Leguía, sentiment would continue to grow still more favorable with reference to the treaty and that later on when the Plebiscite had made further progress or had been disposed of, favorable action could be obtained. I have [etc.] Costa Rica and Panama MILES POINDEXTER 718.1915/698a: Telegram The Secretary of State to the Minister in Panama (South) WASHINGTON, January 23, 1925—4 p. m. 10. You will please say to the Panaman Government that this Government has been approached by the Costa Rican Government with a view to the delimitation of the boundary between Panama and Costa Rica. This matter has been dragging on for a number of years now without any advance having been made in its final determination. The Costa Rican Government is naturally anxious to have this matter settled in order to avoid disagreeable and regrettable frontier incidents. Now that there are new administrations in both Panama and Costa Rica since the regrettable occurrence of 1921,21 it should be possible for this matter to be disposed of without further friction. This Government would therefore be happy to have Panama appoint its engineer to delimit, in conjunction with those appointed by the arbitrator and by the Government of Costa Rica, the boundary as set forth in the arbitral award. The matter has been discussed informally with Señor Alfaro 22 who harps back to the old Panaman contention that the Chief Justice exceeded his authority and that his award is null and void. This Government cannot reopen that matter it having been carefully considered and the Department's views thereon were very clearly stated in its notes to the Panaman Government in 1921. In this connection see especially the Department's 28 and 38 of March 15, 8 p. m., and April 27, 5 p. m., 1921, respectively.23 Cable results of your representations. HUGHES 21 See Foreign Relations, 1921, vol. 1, pp. 175 ff. "Ricardo J. Alfaro, Panaman Minister in the United States. 23 Foreign Relations, 1921, vol. I, pp. 184 and 207. 75289-4038 718.1915/703 The Minister in Panama (South) to the Secretary of State No. 628 [Extract] PANAMA, February 2, 1925. 24 SIR: Referring to the Department's telegram No. 10 of January 23, 4 p. m., and confirming my telegram No. 13 of January 30, 11 a. m.,2 I have the honor to transmit herewith a copy of a note dated January 29, 1925 from the Minister for Foreign Affairs, in which is set forth the attitude of the Panaman Government with regard to the settlement of the Costa Rica boundary question. A translation of the above note is also inclosed. This morning I received a note dated January 30, 1925, a copy and translation of which are enclosed, informing me that the Government of Panama considers it essential that some agreement along the lines specified in the communication of January 29th be reached, before Panama can name its engineer to proceed with the demarcation of the boundary line. I have [etc.] J. G. SOUTH [Enclosure 1-Translation 25] The Panaman Minister for Foreign Affairs (Alfaro) to the American Minister (South) S. P. No. 249 PANAMA, January 29, 1925. MR. MINISTER: I have received Your Excellency's kind note No. 310 of the 20th [sic] instant in which you inform me, pursuant to instructions from your Government, that the Government of Costa Rica has approached the Department of State with a view to the demarcation of the boundary between Panama and Costa Rica. Your Excellency states that this matter has been pending for many years without any advance having been made in its final determination, and that the Government of Costa Rica is naturally anxious to settle it in order to avoid disagreeable and regrettable frontier incidents. Your Excellency suggests that now that there are new administrations in both Panama and Costa Rica, since the painful incidents of 1921, it should be possible to dispose of this matter without further friction. Finally Your Excellency states that your Government would be happy to have Panama appoint its engineer to delimit, in conjunction with those named by the arbitrator and by the Government of Costa Rica, the frontier as set forth in the arbitral award. 24 Latter not printed. "File translation revised. In reply I have the honor to inform Your Excellency that Panama also earnestly desires to end forever the boundary question with Costa Rica; but as the Republic of Panama in 1921 was the victim of an unjustifiable aggression which at that time obliged it to make heavy expenditures, my Government feels that the settlement of the pecuniary claim should be considered a question precedent to the demarcation of the frontier. Once this question has been settled the Government of Panama would be disposed to proceed with the delimitation, in accordance with the line fixed in the arbitral award,26 from the mouth of the Sixaola River to the point near the ninth degree of north latitude beyond Cerro Pando, and would accept the rest of the delimitation as far as the Pacific coast, it being always understood that in making this delimitation of the territory a just line will be established which protects the interests of the Panamans who live or hold properties in the region in controversy, permitting, as far as may be practicable, the lands of the said inhabitants or owners to remain within the frontiers of Panama. This could be done by the mere signing of a protocol in which would be incorporated the instructions which could be carried out by the Boundary Commissioners. The proposed solution does not involve any new feature inasmuch as the President of France, in explaining his decision at the request of Costa Rica, declared that the lines of the award were general, and that they remained subject to the changes which the Boundary Commissioners might consider necessary to make when setting the landmarks, taking into consideration the best interests of the two countries. To carry out the proposed solutions along the lines above described, Panama is disposed to enter into direct negotiations with Costa Rica as soon as possible. My Government wishes to have it understood, however, that in making these proposals it is animated by a spirit of pure conciliation, and that this attitude does not imply in any manner that Panama accepts the validity of the arbitral award, to which, it is understood, the note of Your Excellency refers. I avail myself [etc.] [Enclosure 2-Translation] H. J. ALFARO The Panaman Minister for Foreign Affairs (Alfaro) to the American Minister (South) S. P. No. 262 PANAMA, January 30, 1925. MR. MINISTER: With reference to our interview of this morning permit me to inform Your Excellency that the Government of Panama considers that in order to proceed with the nomination of the "For the text of the Loubet award, see Foreign Relations, 1910, p. 786. |