Protocol., the eleventh day of the month of February, in the year one thousand eight hundred and eighty-two

Protocol.

At several conferences held in the department of foreign relations at Santiago, on the 16th, 19th, and 20th days of January of the present year, 1882, Mr. William Henry Trescot, special envoy extraordinary and minister plenipotentiary of the United States of America, and Mr. José Manuel Balmaceda, minister of foreign relations of the Republic of Chili, discussed in a frank and confidential manner the relations of the United States with Chili and Peru, and of the two last-named nations with one another, exchanging their views in terms reciprocally friendly, and mutually agreed to draw up in this single protocol the conclusions which they reached in the aforesaid conference.

• First. Mr. Trescot having stated that the United States recognized the government of Garcia Calderon on account of friendship towards the contestants and in the interest of peace, and that the government of his country, being the only one which has recognized the aforesaid government by accrediting a representative near to it, might suppose that the arrest of Garcia Calderon was an act of offense to the United States; and Mr. Balmaceda having said that Chili abolished the authority of Garcia Calderon within the radius occupied by her forces, and arrested him with no purpose of offense to the United States or any other neutral power, and making use of her legitimate belligerent rights, there was no necessity for further discussion of this incident.
• Second. The armed intervention of the United States in the war which Chili is carrying on with Peru would not be a diplomatic proceeding of the nature of that which is to-day exercised by Mr. Trescot, nor in consequence would it correspond to the friendly spirit of his mission; and mediation does not conform to the convenience of the belligerents, nor is it solicited by Chili. The United States eliminates from all discussion the possibility of armed intervention, and would offer mediation only in case that the belligerents showed a desire to obtain it, and when its acceptance would lead to results satisfactory to both belligerents.
• Third. The incident of the arrest of Garcia Calderon, the armed intervention and the mediation of the United States, being points eliminated from all discussion and definitely concluded, Chili declares that, as a mark of mutual friendship and confidence, she would accept, if they should be offered, the good offices of the United States in the contest with Peru, provided that the United States, in the exercise of its good offices, accepts the conditions of peace which Chili would be disposed to concede to the enemy; and with the understanding that, if the United States should not obtain the consent of Peru to the conditions of peace, which serve as the basis of its good offices, in that case the action of the United States between the two belligerents should terminate.
• Fourth. If the good offices of the United States shall be offered and accepted in the manner heretofore set forth, Chili would give, through her civil and military authorities, every possible facility to Mr. Trescot for communicating with any Peruvian authority or persons to whom he may judge fit to offer his good offices, with the exception of Garcia Calderon, who is a prisoner of war.
• Fifth. The bases in conformity to which Chili will make peace, reserving to herself every right and entire liberty of action, if they should not be accepted by Peru, are as follows:
  • Cession to Chili of all the territory of Peru situtated to the south of the Quebrada de Camarones.
  • Occupation of the region of Tacna and Arica for ten years, Peru being obliged to pay twenty millions of pesos at the expiration of that time. If at the expiration of that time Peru should not pay to Chili the twenty millions of pesos, the territory of Tacna and Arica should remain, ipso facto, ceded to and incorporated in the territories of the Republic of Chili. Peru may fix in the treaty of peace a time longer than ten years, in conformity with the conditions just before stated. If Arica returns to the power of Peru, it shall remain forever unfortified.
  • Chili shall occupy the islands of Lobos, so long as there shall be guano upon them, and both the net product of the guano taken from them and that from the mines discovered and being worked in Tarapaca shall be equally divided between Chili and the creditors of Peru.

Finally, Mr. Trescot deemed it necessary to telegraph to his government, and await a reply, in order to state whether he can offer to Chili the good offices of the United States in the manner and conditions herein stated.