The New York herald., 1879-07-12
Counter Manifesto Addressed to Friendly
Nations by the PeruVianS.
AN HISTORICAL RESUME
Explaining the Secret Treaty
with Bolivia.
PERU WHOLLY UNPREPARED.


which induced the government of that Republic to
declare war against Peru. Finding that she would
have to surrender her claims upon Patagonia in
favor of the Argentine Confederation Chile turned
to the Bolivian boundary and hoped 20 acquire terri
tory in that direction As pretext it seized upon
the old dispute between the Antofagasta Nitrate and
Railway Stock Company and the Bolivian govern
ment account of the export tax of ten cents per
quntal of nitrate. The intervention of any govern
inexcusable, 1t being wholly a private
matter for the courts of Bolivia to adjust 1t was in
violation likewise of all the treaties entered into
between the two governments.
Chile announced the defence of not only Chilean
interests but of those of the people of other
nationalitics, and standing article of the
e-Bolivian treaty of 1874 demanded the suppress
sion of the under the threat OF declaring null the
aforesaid treaty. The Bolivian government refused
to yield to any such demand, reminding Chile that
to settle any differences arising between them they
had stipulated they should be submitted to arbtra
ton
A DOUBLE
The Chilean government, which up to that mo-
ment had seemingly forgotten this solemn engage
ment. is apparent by the terms of its demands.
itself bound to recognize it by requiring that
Bolivia should suspend the execution of the law i'm
posing u the Antofagasta Nitrate and Railroad
Company i'll order to submit the matter to the stip-
ulated arbitration. And wnlle IN THIS man-
ifesting her readiness to enter into friendly ar
rangement with Bolivia she was placing one of her
iron-clads with forces to effect landing at Anto-
flag asta, and moving another part of her squadron
toward Caldera, assuring the governments at La Paz
and Lima, through their respective legations that
the ship and forces taken to that port had other
object than to insure, in Of necessity order and
tranquility land conjointly with the Bolivian
authorities The government of Bolivia. desirous OF
avoiding with Chile and yielding to the good
offices of Peru. acceded to the preensons of that Re-
public. by suspendins the execution of the law i'm
posing tax on nitrate and accepting arbitration.
This should have put end to all differences. and
so my government believed; but that of Chile. de-
termned any to break the treaty of 1874 and
take possession portion OF the Bolivian terri
tory. found new pretext in the decree of the gov
ernment OF La Paz. resembling the private contract
made with the aforementioned Antofagasta Nitrate
and Railroad Company. Such action, even on the
hypothesis that it unjust and illegal. does not
furnish sufficient motive Tor government to break
treaties violently, and much less to take posses
sion OF its opponents territory, under the claim of
revindication, Chile has done when to an impair
tia looker-on 1t would be impossible to Justify
simple pressure orforce
AGGRESSION.
Scarcely had Chile learned of the rescission OF the
contract made with the aforesaid company without
protesting against the act or making use of those
pacific means that might at least apparently have
fled the forms observed in similar she made
haste to occupy the deeneeless territory OF Bolivia
with the forces she had tor that purpose prepared,
which, according to her aforementioned decla-
ratons. to be used only to guarantee order
land in OF necessity and conjointly with the
Bolivian authorities Chile endeavors to justify her
conduct by alleging that the territory comprised
between the twenty third twenty fourth degrees
oi south latitude belonged to her by dominion and
possession prior to the treaty OF 1866 that it
coded TO bolivia under the condition of imposing no
Chilean industry and capital for the space
pf twenty-five years, and that the latter Republic
having made this stipulation illusory she found it
n ha fhav
were formerly in.
cHrLEs POSITION.
1t is proven fact that, prior to the treaty con-
cluded between Chile and Bolivia the 10th of
August. 1866. there had been indeterminaton of
boundaries between the two countries, and nego-
tiafons Tor the purpose of concluding agreement
10 settle those differences, which clearly shows how
nexact the declarations made to friendly nations
by Mr.. tierro i'll the exposition now occupying my
attention when he asserts that prior to the said
arrans ement Chile chad dominion and possession of
the territory situated between the twenty third and
twenty-ourth degrees of latitude" Had Chile been
situated thus she certainly would not have continued
tor many years the negotiations referred to i'll her
own documents, and much less would she have car
sied her disinterestedness to such point as to
abandon rich territory solely for the purpose of
ingratatiug herself with Bolivia. Intimately per-
suAded that al no time had the disputed territory
belonged TO her she declined to accept the arbitra-
tioa proposed by Bolivia: and that in any
the decision OF the umpire would be adverse her,
concluded the treaty OF 1866, in which the first
article was az tollows:-
the line of OF the boundary between Chile
Bolivia in the desert OF Atacama shall henceorth be
the twentyionrsh parallel of meridiana latitude from
that south of it Chile and north of IT Bolivia shall have
aud domain Of the territories extending to the
Of them OF Jurisdiction and Sovereignty belonging to
The treaty of 1874. the last concluded between
Chile and Bolivia, Tor the purpose of introducing
certain modification as to the exploitation of the
products OF the conterminous territories that had
reciprocally recognized by both nations in the
treaty OF 1866. served to- consolidate the rights OF
:hc second over parallels % and 2f. Article thereof
ia effect the most conclusive that could have been
agreed upon. for 1t says:-"The parallel of the
twenty urth degree from the to the Cordillera
Of the Andes in the dicortia aquarium is the line OF
narration between the republics of Chile and Bo
liyii." These stipulatons are both in essence and
form absolute and unconditional. but are in no way
similar to the terms employed by nations in treaties
for the cesson OF territories.
NATURE SUCH TREAIfEs.
Boundary treaties, like those recognizing the inde
pcndence of nation. by their nature transitory,
and have the peculiar quality when once carried
into effect OF remaining definitely and irrcvocably
consumnatcd Such treaties subsst independently
even OF IA change OF sovereignty or in the form of
government OF a country, are they abrogated by
war, l. the ipso dcto with all other treaties
existing between bcllgeTents. 1t is not true that
TIE treaty of 1874 conditional. that Chile
ceed her rights to the territory between the twenty
third and twonty-fourth degrees of south latitude
under the condition that taxes duties
should be imposed on Chilean industry and capital,
as is assert ed by Mr. Fierro Chile could not cede
what belonged to her. and much less could she
impose conditions tor such ccssion. III the treaty
1860 she recognized the dominion OF Bolivia
the territory extending az lar the twenty sixth
parallel, declaring that this Republic might
over 1t all acts Oft Jurisdiction and sovereignty
she declared Bolivia to be. Rovindication presup-
poses unquestonable dominion over the thing to
which IL r1fcrs and IL Chile ever had dominion over
the territories she has just violently occupied
It. far from this. abandoning her ancient questions
she recognized that they belonged TO Bolivia, II is
evident that the rcvindicatop which she pleads IN
against all reason on the ground OK ideas and gross
outrage the ground OF facts. Nor she allege
against this the individuality of the treaty of 1874
tor even supposing 1t had been abrogated by the inn
asined violations of tie government of Bolivia,
things should been restored to the condition in
which they were prior TO its celebration, and the
sovereignty OF the latter Republic would have
tinued over the territories referred to- since IL had
been rIcyocably recognized by the covenant of 1866
Tho government Of Chile has nevertheless ignored
those SAVING principles III the autonomy of states.
aud tho midst of peace mas broken a boundary
treaty.
pEqU's GOOD INTENTIONS nEJEcIED.
poru was not Indifferent to the dic ulties arising
between chile aud Bolivia; her conduct on the con-