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United States Department of State / Papers relating to the foreign relations of the United States with the annual message of the president transmitted to Congress December 3, 1906. (In two parts)

Peru,   pp. 1219-1239 PDF (8.6 MB)

Page 1219

Minister Dudley to the Secretary of State. 
     Lima, July 29, 1906. 
 SIR: I have the honor to unclose herewith a copy and translation of a modus
vivendi between Peru and Colombia, signed at Lima on the 6th instant by the
plenipotentiaries of those Governments. It is in substance the same as that
celebrated in May, 1904 (see the legation's No. 979, of Aug. 31, 1904), intended
as a temporary solutiQn of the territorial disputes of the two countries
in the Putumayo region while awaiting the final settlement of the question
by arbitration. 
 In this connection I quote the following pertinent passage from the message
of President Pardo, read before the Peruvian Congress on the 28th instant:
 On September 12, 1905, our minister at Bogota concluded with the Government
of Colombia three conventions, which my Government submitted to th~ former
Congress in its ordinary session. 
 The first is a treaty of general arbitration, similar to the one we have
concluded with the Kingdom of Italy. 
 The second is a special treaty of arbitration relating to our boundary question
wherein, as in former treaties of the same character which have been heretofore
concluded with that Republic, the controversy is submitted to the decision,
to be based upon considerations of equity, of His Holiness Pope Pius X. But
as our question with Colombia is connected with the one with Ecuador, it
has been agreed that the arbitration with Colombia shall only take place
after the termination of the one in which we are now proceeding with Ecuador,
upon the adjudication by the royal Spanish arbitrator to Peru of territories
which are likewise claimed by Colombia. 
 Finally, the third pact arranged at Bogota is a provisional modus vivendi,
the object of which was to avoid conflicts imminent in the region of the
Putumayo, which might have disturbed the friendly relations of the two countries
and have interfered with the arbitration which is to decide the boundary
 The two first-mentioned treaties, of general and of special arbitration,
are still before the Peruvian Congress awaiting ratification. Copies of them
will be found in the Bulletin of the Peruvian Ministry for Foreign Relations,
No. IX, two copies of which I expect to forward the department by the same
mail with this. 
 The third of these compacts was never carried into effect in consequence
of difficulties which were encountered, due to the difference in the customs
tariffs of the two countries. This made further legislative action necessary
to the execution of the pact within the disputed territory. The modus vivendi
of July 6, 1906, was therefore negotiated in lieu of the former one. It is
held not to require legislative ratification and has gone into effect at
I have, etc., 

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