The Washington times., 1902-04-07
BOLIVIA AND PERU
IN BOUNDARY TANGLE

ticn OF the 7ih instant. in which you re-
ply to mine CT the 5th. In the hope that
the honorable National Congress would
have refused 10 ratify the contract con
ciuded between Il. Z. Sener Aranlayo and
Mr. Willingford Whitridse, l abstained
from replying Immediately to your excel
lcncy's communication.
But now. with the legislative sanction
which il has received the opportunity has
arisen for me 70 present TO your excel
lency few considerations in reference to
he affair. and the consequent protest
which l beg TO formulate in compliance
with precise Instructions from my Gov
ernment.
At the present moment it is not
question Of examining the fundamentals
uDon which Peru and Bolivia base their
claims over the territories which are the
subject OF the contract. or that these be-
long to the one State to the exclusion of
the other. For this reason neither OF them
makes an exhibition OF titles it is simply
q question of compliance with article %
of the treaty concluded on November ).
1863. It is therein stipulated that the
present limits shall be recognized and re-
spected until the solution which shall es-
tablisE the definite frontiers is reached.
To Determine Point
Its object was not to declare the pur-
pose OF the two Governments to respect
the limits corresponding to each accord
ing to their respective titles. which would
| not have had an explanation, since the
I conceptions of each with reference TO the
/ extension OF their respective national
| territories were excluded then the same
/ as they are today, but to determine the
modus vivendi to which each of the two
/ countries should and shall submit until
] nrtn oh
| be fixed.
In conformity with the said clause he
| boundaries that actually existed at that
! date should be maintained until the said
| condition which is TO resolve this point
! is carried out.
/ Although the contracting parties might
, hope that the latter should be fulfilled
I shortly after the celebration Of the treaty.
! it is evident that they did not include n
/ said clause any idea in reference to a
determined duration. and that they could
I not think that the treaty OF final agree
ment should produce the extinction of that
very clause which was precisely entered
into to provide for the situation.
Clause is Strict.
Therefore, the above mentioned clause
! %. is of strict and actual application, and
| the opposition OF my Government to tie
contract already referred 10, in which its
duty and its rights forbid it TO concur. is
I but a natural consequence.
| BY deterring to this the administrative
| action of Bolivia is not disturbed, on the
| one part because the contract which has
been sanctioned by the legislative body
| substantially modifies the action which,
Notwithstanding my Governments claims.
| she has exercised in portion of the ter
! ritories contained therein, and, on the
other. because Bolivia neither has had nor
| has possession.
| My Government has always circum-
| scribed its conduct within the clause 10
| the fulfillInent of which it has invited
| that Of your excellency.
| The concessions that your eXcellency
| makes mention Of on the left shore OF the
| River Tambopata cannot be adduced
! against this assertion, because Peru mas
never ceased to possess these territories
To Define Attitude.
THE refusal of your excellency. con
tained in your communication Of the eth.
the subsequent approval which the hon
orable National Congress has given to the
contract to which | am referring, and the
intention of your eXcellency's Government
to promulgate said legislative act. oblige
my Government, under the circumstances,
to define its attitude.
In its name and in defence Of the ter
ritorial rights of Peru | protest against
| the celebration and the execution of the
contract concluded between II. Il. Senor
AramayO and MIR. WillingfOrd Nhitridge
Il avail myself, Mr.. Minister, of this
occasion to renew to your excellency the
! assurance OF my most distinguished con-
sideration.
FELIPE DE OSMA."