2d. Not to admit nor accept from any nation or government protectorate or superiority that may injure and lessen their independence or sovereignty, and not to yield up nor transfer in favor of any nation or government any part whatsoever of their territories, excepting in the cases of better demarkation of limits. 3d. Not to celebrate treaties of limits, or of other territorial arrangements, without the other contracting party first knowing of the same. ART. IX. The stipulations of the present treaty do not extend to acts performed by political parties or the result of internal disturbance independent of the intervention of foreign governments; inasmuch as the principal object of the present treaty of alliance being the mutual guarantee of the sovereign rights of both nations, none of its clauses must be interpreted in opposition to its primary end. ART. X. The contracting parties will, separately or collectively, when by subsequent agreement they may consider it convenient, solicit the adhesion of another or other American states to the present treaty of defensive alliance. ART. XI. The present treaty will be exchanged in Lima or in La Paz, as soon as it is legally perfected, and will remain in full force on the twentieth day after said exchange takes place. Its duration shall be for an indefinite period, each party reserving to itself the right of considering it as no longer existing when such shall be thought convenient. In such a case the party desiring to annul the treaty must notify the other party of same, and the treaty will no longer have effect on the elapse of forty months from such notification. In testimony whereof the respective plenipotentiaries signed it in duplicate and sealed it with their private seals. Done in Lima on the sixth day of the month of February, one thousand eight hundred and seventy-three. JUAN DE LA CRUZ BENAVENTE Additional Article. The present treaty of defensive alliance between Bolivia and Peru shall be kept secret so long as the high contracting parties shall mutually agree that its publication is unnecessary. RIVA-AGÜERO B. THE TREATY OF ANCÓN [October 20, 1883. Arbitration between Peru and Chile. Appendix to the Case of Peru in the Matter of the Controversy arising out of the Question of the Pacific before the President of the United States of America Arbitrator (1923), II, 171-173. Washington.] The Republic of Chile on the one part and the Republic of Peru on the other, being desirous of reinstating relations of friendship between both countries, have resolved upon celebrating a treaty of peace and friendship, and for the purpose have named and deputed as their Plenipotentiaries the following: His Excellency the President of Chile appoints Don Jovino Novoa, and his Excellency the President of the Republic of Peru, Don José Antonio Lavalle, minister of foreign relations, and Don Mariano Castro Zaldivar, who, after communicating their credentials and having found them to be in proper and due form, have agreed to the following articles: ARTICLE 1. The relations of peace and friendship between the Republics of Chile and Peru to be reestablished. ART. 2. The Republic of Peru cedes to the Republic of Chile in perpetuity and unconditionally the territory of the littoral province of Tarapaca, the boundaries of which are, on the north the ravine and River Camarones, on the south the ravine and River Low, on the east the Republic of Bolivia, and on the west the Pacific Ocean. ART. 3. The territory of the province of Tacna and Arica, bounded on the north by the River Sama from its source in the Cordilleras on the frontier of Bolivia, to its mouth at the sea, on the south by the ravine and River Camarones, on the east by the Republic of Bolivia, and on the west by the Pacific Ocean, shall continue in possession of Chile subject to Chilean laws and authority during a period of ten years, to be reckoned from the date of the ratification of the present treaty of peace. After the expiration of that term a plebiscitum will decide by popular vote whether the territories of the above-mentioned provinces will remain definitely under the dominion and sovereignty of Chile or continue to form part of Peru. Either of the two countries to which the provinces of Tacna and Arica may remain annexed will pay to the other ten millions of Chile silver dollars or Peruvian soles of the same weight and fineness. A special protocol, which will be considered as an integral portion of the present treaty, will prescribe the manner in which the plebiscitum is to be carried out, and the terms and time for the payment of the ten millions by the nation which may remain in possession of the provinces of Tacna and Arica. ART. 4. In compliance with the stipulations of the supreme decree of February 9th, 1882, by which the Government of Chile ordered the sale of one million tons of guano, the net proceeds of which, after deducting the expenses and other disbursements, as referred to in Article 13 of said decree, to be divided in equal parts between the Government of Chile and those creditors of Peru whose claims appear to be guaranteed by lien on the guano. After the sale of the million tons of guano has been effected, referred to in the previous paragraph, the Government of Chile will continue paying over to the Peruvian creditors 50 per cent. of the net proceeds of guano, as stipulated in the above-mentioned Article 13, until the extinction of the debt or the exhaustion of the deposits now being worked. The proceeds of deposits or beds that may be hereafter discovered in the territories that have been ceded will belong exclusively to Chile. ART. 5. If, in the territories that remain in possession of Peru, there should be discovered deposits or beds of guano, in order to avoid competition in the sale of the article by the Governments of Chile and Peru, the two Governments, by mutual agreement, will first determine the proportion and conditions to which each of them binds itself in the disposal of the said fertilizer. The stipulations in the preceding paragraph will also be binding in regard to the existing guano now known and which may remain over in the Lobos Islands when the time comes for delivering up these islands to the Government of Peru, in conformity with the terms of the ninth Article of the present treaty. ART. 6. The Peruvian creditors, to whom may be awarded the proceeds stipulated in Article 4, must submit themselves, in proving their titles and in other procedures, to the regulations stated in the supreme decree of February 9th, 1882. ART. 7. The obligation which the Government of Chile accepts, in accordance with the fourth Article, to deliver over 50 per cent. of the net proceeds of guano from the deposits now actually being worked, will be carried out whether the work be done by virtue of the existing contract for the sale of one million tons or through any other contract, or on account of the Government of Chile. ART. 8. Beyond the stipulations contained in the preceding articles, and the obligations that the Chilean Government has voluntarily accepted in the supreme decree of March 28th, 1882, which relates to the saltpetre works in Tarapaca, the said Government of Chile will recognize no debts, whatever their nature or source, that will affect the new territories acquired by virtue of this treaty. ART. 9. The Lobos Islands will remain under the administration of the Government of Chile until the completion of the excavation from existing deposits of the million tons of guano, in conformity with Articles 4 and 7. After this they will be returned to Peru. ART. 10. The Government of Chile declares that it will cede to Peru, to commence from the date of the constitutional ratification and exchange of the present treaty, the fifty per centum pertaining to Chile from the proceeds of the guano of the Lobos Islands. ART. 11. Pending a special treaty to be entered upon, mercantile relations shall be maintained on the same footing as before April 5th, 1879. ART. 12. Indemnities due by Peru to Chileans, who may have suffered damages on account of the war, will be adjudged by a tribunal of arbitration or mixed international commission, to be appointed immediately after the ratification of the present treaty, in the manner established by conventions recently adjusted between Chile and the Governments of England, France and Italy. ART. 13. The contracting Governments recognize and accept the validity of all administrative and judicial acts during the occupation of Peru arising from the martial jurisdiction exercised by the Government of Chile. ART. 14. The present treaty to be ratified and the ratifications exchanged in the city of Lima, so soon as possible during a period not exceeding one hundred and sixty days to be reckoned from this date. In testimony whereof the several Plenipotentiaries have signed this in duplicate and affixed their private seals. Done in Lima the 20th day of October, in the year of our Lord one thousand eight hundred and eighty-three. RELATIONS BETWEEN THE UNITED STATES AND CHILE 127. THE BALTIMORE INCIDENT There had been considerable friction between the Chilean officials and the American legation during the war between the supporters of President Balmaceda and the Chilean congress. The ill-feeling was due to several reasons. It was generally believed by the Congressionalists that Admiral Brown had secretly informed Balmaceda of.the movements of their forces. The action of the United States government toward the Itata1 was deeply resented by them, and the protection given by the American legation to certain members of the defeated faction had also given offense. When Captain Schley of the U.S. S. Baltimore gave shore leave to one hundred and sixteen petty officers and men on October 15, 1891, a concerted attack was made upon them on the Valparaiso water front. In the affray one petty officer was killed, one sailor later died of his wounds, and several of the other men received injuries. Thirty-six of the sailors were arrested by the Chilean authorities and were cruelly mistreated on their way to prison. The investigation made by Captain Schley showed that there had been little or no effort made by the Chilean police to protect the Americans. It was even claimed that the police had joined in the attack. The conduct of the Chilean national authorities caused resentment at Washington, and drastic measures were taken to secure the necessary redress of grievances. The following excerpts will give the nature of the diplomatic controversy which resulted. 1 The Itata, a vessel in the service of the Congressionalists, was sent to San Diego, California, to obtain a cargo of arms and ammunition. Its cargo was returned, |