No. 373.

Mr. Fish to General Sickles

No. 195.]

Sir: I transmit a copy of the protocol of the second conference between the representative of Spain and those of the allied republics of the Pacific, which was held here on the 11th ultimo. A duplicate of the articles of armistice to which it refers is also herewith transmitted. The latter you will communicate to the minister for foreign affairs of Spain with a suggestion that the ratification of that government should also be executed in duplicate, for exchange here with the representatives of each of the parties respectively, to be sent by separate conveyance. This course seems advisable with a view to guard against delay in the exchange through any possible hazards and casualties incident to communication by sea.

I am, sir, your obedient servant,

HAMILTON FISH.

[Untitled]

Protocol of the peace conference held in Washington on the 11th day of April, 1871, the Secretary of State of the United Shates presiding, between the Plenipotentiaries of Spain, Bolivia, Chili, Ecuador, and Peru.

The plenipotentiaries of Spain, and of the allied republics of South America, having met at the Department of State in Washington on the 11th day of April, 1871, the Secretary of State ordered the reading of the proceedings of the previous session, and this having been approved he inquired whether Bolivia was represented as he under stood.

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To this the plenipotentiary of Peru replied that he had been appointed plenipotentiary ad hoc by the government of Bolivia, but that he could not make use of his powers before receiving the acquiescence of his government; that he would therefore act ad referendum, in the name of Bolivia.

This declaration having been accepted, the powers conferred by the government of Bolivia were exhibited, which were found to be in good and due form.

A discussion followed, of the different articles, between the Secretary of State and the plenipotentiaries, after which the conditions of the armistice were definitely laid down in the terms of the convention signed this day.

HAMILTON, FISH Secretary of State.

MAURICIO LOPEZ ROBERTS, Plenipotenciario de España.

MAN’L FREYRE, Ministro del Peru.

MAN’L FREYRE, En representacion de Bolivia.

JOAQUIN GODOY, Plenipotenciario de Chili.

ANT’O FLORES, Plenipotenciario del Ecuador,

Articles of armistice between Spain, on the one hand, and the allied republics, Bolivia, Chili, Ecuador and Peru, on the other.

The mediation of the United States having been offered and accepted towards relieving Spain and the allied republics of the Pacific from the technical state of war which has existed since the hostilities of 1866, the President of the United States has, for this purpose, conferred full powers upon Hamilton Fish, Secretary of State.

His Catholic Majesty has conferred like powers on Mauricio Lopez Roberts, Knight Grand Cross of the Royal Order of Isabel the Catholic; Knight General Cross of the Order of Christ, of Portugal, grand officer of those of the conception of Portugal, and of Leopold of Belgium; Knight Commander of the Legion of Honor of France, superior chief of administration, deputy in various legislatures, envoy extraordinary and minister plenipotentiary of His Majesty Amadeo I, King of Spain, to the United States of America:

The President of the republic of Bolivia has conferred like powers on Colonel Manuel Freyre, envoy extraordinary and minister plenipotentiary of Peru to the United States of America.

The President of the republic of Chili has conferred like powers on Joaquin Godoy, envoy extraordinary and minister plenipotentiary of that republic to the United States of America.

The President of the republic of Ecuador has conferred like powers on Antonio Flores, a senator of that republic, and its minister plenipotentiary ad hoc.

And the President of the republic of Peru has conferred like powers on Colonel Manuel Freyre, envoy extraordinary and minister plenipotentiary of that republic to the United States of America. And the said plenipotentiaries having exchanged their full powers, which were found in due and proper form, have agreed upon the following articles:

Article I. The suspension of hostilities existing de facto between Spain, on the one hand, and the allied republics of Bolivia, Chili, Ecuador, and Peru, on the other, is converted into a general armistice or truce.

Article II. This armistice shall continue indefinitely and cannot be broken by any of the belligerents, save in three years after having expressly and explicitly notified the other of its intention to renew hostilities. In this case, such notification must be made through the Government of the United States.

Article III. Each of the belligerents, during the continuance of this armistice, shall be at liberty to carry on commerce freely with neutral nations in all articles in which trade is considered lawful in a state of peace, all restriction on neutral commerce therefore ceasing.

Article IV. The present agreement shall be ratified by the respective governments, and the instruments of ratifications shall be exchanged at the Department of State at Washington within four months from date.

Article V. Those governments which shall not have sent their ratification within the time fixed in the preceding article may make the exchange separately in the two months following.

Article VI. If any one of the governments, on account of circumstances over which it has no control, shall not be able to effect the exchange of the ratifications within the terms fixed in the foregoing articles, such delay shall be granted it as it may request from the other party without necessity for a new agreement.

Article VII. The proceedings for the ratification and exchange shall not interfere with the continuation of the conferences designed for the negotiation of a peace.

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In testimony of the stipulations made in the foregoing seven articles, the undersigned, Secretary of State of the United States, in the character of mediator, and the plenipotentiaries of Spain, Bolivia, Chili, Ecuador, and Peru, have signed the foregoing agreement at the Department of State at Washington on the eleventh day of April, 1871.

HAMILTON FISH.
MAURICIO LOPEZ ROBERTS, Plenipotenciario de España.
MAN’L. FREYRE, Plenipotenciario del Peru.
JOAQUIN GODOY, Plenipotenciario de Chili.
ANTONIO FLORES, Plenipotenciario del Ecuador.
MAN’L. FREYRE, Plenipotenciario de Bolivia.