Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1910

The Acting Secretary of State to Minister Combs.

[Telegram.]

Department of State,
Washington, July 5, 1910.

Repeat also to Quito.

For your information and close study I quote the following protocol, which the Department of State and the chargé d’affaires of the Argentine Repubhc and Brazil will present in the three languages probably within a week to the representatives of Ecuador and Peru at Washington, who will be urged on behalf of the mediating powers to sign it. Telegraph how, in your judgment, it will be received by the Government and people of the country to which you are accredited.

Wilson.

protocol.¹

Acting under the provisions of The Hague Convention for the Pacific Settlement of International Disputes, which provides that—

Article 2. In case of serious disagreement or dispute, before an appeal to arms the contracting powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly powers; and

Art. 3. Independently of this recourse, the contracting powers deem it expedient and desirable that one or more powers, strangers to the dispute, should, on their own initiative and as far as circumstances may allow, offer their good offices or mediation to the States at variance.

The exercise of this right can never be regarded by either of the parties in dispute as an unfriendly act.

And to which, as the most advanced crystalization of the aspiration of the civilized world toward the ideal of peace, the Governments of Ecuador and Peru have solemnly become parties, and acting also in the name of that fraternal spirit of Pan Americanism to which the peoples of Ecuador and Peru are equally devoted the Governments of the Argentine Republic, the United States of America, and the United States of Brazil having proposed that—

If the Governments of Ecuador and Peru will withdraw their forces from the frontier, suspend mobilization and other measures of preparation for war, and await eventualities, then, in case no award is made or in case serious difficulties shall subsequently arise, the three Governments will undertake a satisfactory solution by mediation.

And having proposed also that—

As for the question of exchange of expressions of regret at the violence done the respective citizens and officials in the country of the other, no one can doubt the sincerity and good intentions of each Government as to those regrettable incidents, and it should be a matter of no difficulty to arrive at a dignified adjustment through the mediating Republics.

The Governments of Ecuador and Peru, actuated by the highest sentiments of civilization, and appreciating the disinterested high motives and the impartial friendship of the mediating powers, deemed it their honorable duty, both to their own interests and to Pan American ideals, at once to accept the tripartite mediation.

Pursuant to this solemn act and upon the earnest recommendation of the mediating powers, both the Governments have now withdrawn their troops and are demobilizing their armies and restoring them to a peace footing, meanwhile postponing any discussion of their ancient boundary dispute, confident that at the proper time mediation, which is the highest form of good offices known to diplomacy and, according to The Hague convention, “consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance,” will afford a just and honorable solution of any difficulties which may eventually arise.

The two Governments have thus shown a moderate, conciliatory, and peace-loving disposition completely in accord with the spirit of Pan American relations and the most advanced principles of international comity and forbearance. The mediating powers, highly appreciating the action of Peru and Ecuador in this regard, and impressed with the advisability of now carrying out the second step of the mediation, have urged upon the Governments of Peru and Ecuador the signature of this protocol, designed to allay all irritations and to assure an interval of calm pending the final settlement of a boundary difficulty which both Governments are now pledged to reach by peaceful means through the good offices of the mediating powers.

In this situation the Governments of Ecuador and Peru, responding in the most cordial spirit to the suggestions of the mediating powers, and desiring to remove all present causes of irritation, now address themselves to the regrettable depredations which in the heat of popular passion were inflicted in the two countries upon the respective citizens and representatives.

Therefore the undersigned representatives, duly authorized, mutually express their respective Government’s regret of the popular demonstrations which in cities of the two countries were directed against the respective diplomatic or consular offices, citizens, or property; their Government’s disapproval of those demonstrations which received no official encouragement or support, but occurred in the midst of popular excitement and passion, stimulated by false and exaggerated reports current among the masses of the population of both countries. The respective plenipotentiaries further give assurance that each Government highly esteems the noble spirit now shown by the other in taking into account the difficulties experienced on the occasion in question, which were of that character in which Governments not uncommonly find difficulty in maintaining perfect order in the face of national public excitement and misunderstanding.

The respective representatives mutually appreciate the frank and generous expressions made and rejoice to meet on this high plane, seizing this opportunity to express on behalf of their Governments the desire that mutual confidence and cordial sympathy should henceforth exist between the two Governments and peoples.

Therefore the undersigned representatives of Ecuador and Peru, duly authorized by their Governments, sign this protocol in the presence of the representatives of the mediating powers as a mutual testimony of regret and apology in full satisfaction, in honor for the unfortunate occurrences referred to, and as a pledge that the two Governments will proceed to adjudicate in the usual manner and to pay such material damages as shall have been found to have been inflicted upon the respective citizens, and in case of difficulty of agreement upon the amount due to leave to arbitration the fixing of such sum.

The Government of His Majesty the King of Spain has notified the Governments of Peru and Ecuador that His Catholic Majesty is sensible of the agitation of public opinion which, founded on incomplete and erroneous data, has unfortunately arisen in both countries, and, relying upon the amicable tendencies of the parties and taking note of the conciliatory action taken by the mediating powers, so in harmony with the high purpose inspiring the Spanish Government, has expressed the desire that a satisfactory formula may be found in this new situation. The Government of Spain has therefore postponed the award and has expressed a willingness to see the parties reach such solution as they may deem best.

The Governments of Peru and Ecuador, wisely anticipating all eventualities, have accepted a mediation which is to operate upon the boundary question should this postponement be indefinite, or equally should an award be made followed by difficulties, or even in the event of both Governments desiring again to seek a direct settlement through the good offices of the mediating powers; heeding the counsel of the mediating powers which have solemnly represented to the Governments of Ecuador and Peru that there remains no justification for further agitation or concern, undertake through their undersigned representatives to complete within —— months from the date hereof the restoration of their forces to a peace footing and to suspend all discussion of the boundary question and to preserve the status quo until such time as the mediation becomes operative according to its terms, engaging at the same time to await any change in the attitude of the Government of Spain until such time as may be eventually fixed by the mediating powers.

The res ective Governments further engage to seek approval of this protocol by their Congresses prior to August 1 proximo and to recommend the incorporation in such approval of the provision proposed by the mediating powers whereby any line agreed upon as a result of the operation of mediation as to the boundary if and when it shall later become opportune shall be binding and final as respects both Governments.

In faith whereof the undersigned, duly authorized, etc.

1. See telegram of July 14 from Minister Combs for protocol as formally handed by representatives of mediating countries to ministers of Ecuador and Peru.