A STUDY OF THE CONFLICTS BETWEEN THE REPUBLICS OF PERU AND ECUADOR

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(rQ.t
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Vol, qv') rio a 5)-72.
,* OF POPULATION TRENDS IN INDIA
xtreme natural increase with minimal variability
stagnation (i.e. arrest almost without variability)
variability was moderate just beyond the delta's
tract stretching north-westwards through Bihar
the Sarda river, moderate increase was generally
Assam, on the other hand, the recent rush cf
high to extreme increase to be marked by high
. low, forested ridge country bordering eastern
le south, in the deltas of Madras, were alike in
ere was arrest of growth, as in the delta of tht
her the increase was considerable to rather high,
and Godavari. But where rice has been pushed
available water supply scarcities recur and v is
great, even though increase is usually consider-
lands, may be rather high. In the Lava lands of
oderate increase was the result of a chequered,
that in the Agencies of Rajputana and Central
d the net arrest of population so general except
? he millet and wheat lands of western Oudh and
c Jumna gorge v was usually moderate both in
w to moderate increase, and along the western
..:ir stagnation. In the Punjab, moderate to great
sub-Himalayan districts, from which so many
)wards to the canal colonies; and in tip: latter
.2nt the population figure leaping up, and with
Thse comparisons thus take us further than
change alone, with which we began.. They
Tretation of regional capacity for increase of
:riterion of variability in rate of change, though
to he most helpful where the percentage change
...For these regions are the hardest hit, but in
-sis is essential. Recognition of stagnation where
ire virtually nil is, I think, particularly necessary;
ecasional and catastrophic but perennial, fails to
is left untended. This has been most notably
d but stagnant population of the least prosperous
a plains which extend from central Bengal to the
southwards to the delta of the Cauvery.
REFERENCES
..iation of data by the orthogonal polynomials of
Edinb., 1-3 (i 938) 54-78.
I, India: 'Pt. 1, Report by 3. II. Hutton; PI. 2,
vOinn Iv:. on Pr o\ OlCvS, vie., and ErrorIS of earlier
of 13en:.:al, its distribution and changes; a con
-
method.- Geogr. J. 89 (1937) 359-bo.
,
A STUDY OF THE CONFLICT BETWEEN PERU AND ECUADOR
2-^
Geddes, A. "India: (i) The Chota Nagpur plateau and its bordering plains;
(ii) The delta of Orissa, population and agriculture." C.R. Congres internat.
de gdogr., Amsterdam, 1938. Vol. 2, Tray. section Mc, 365-96.
Hehir, P. 'Malaria in India, 1927:
Jagulpure, L. B., and K. D. Kale. `Sarota Kasar; study of a Deccan village in
the famine zone.' Poona, 1938:
Rogers, L. "The forecasting and control of cholera epidemics in India, with
maps." Yount. R.A.M.C. 40 (1927) 182-02, 261-78.
Rogers, L., and J. W. D. Megaw. 'Tropical diseases,' 3rd ed. 1939 (cf. Colonial
medical reports, in Yourn. Trop. Med. and Hygiene,. current.
Sion, J. "La population de l'Inde d'apres les derniers recensements." Ann.
de Ge'ogr. 35(1926) 330-51,427-48.
A STUDY OF THE CONFLICT BETWEEN THE REPUBLICS
OF PERU AND ECUADOR
L. A. WRIGHT
THERE is a suggestion that when a cause lasts for a long time, it must he
about something proportionately small: for if it were not, it would be in
the interest of the parties to hurry it to an end. But this is not the case here;
the dispute is at once venerable (being well over a hundred years old) and
important. Important to Peru_ and Ecuador in tharii in-v-Olve-s?moTe -tnif
?0 000 squar?ils ofaluable land, aricrimportant to everyone else in that,
until iris-settled, the general constitution of the Americas remains incom-
plete, and solidarity between all American states merely sentimental.
There are three territories which go to make the matter of the quarrel.
First, there is part of the province of I urnbcs on-the-PacifiFse-aboard, an
area perhaps-3o Inile-s-lo-ng anis-o miles wide. It is a des-e-ri-, a-n-crin itself
yould be worth nothing, were it not that four rivers cut across it. These, as 7
though to aggravate the politics, change their-courses with the year, and this
has the double effect of queering boundaries and of giving the lands some
value, for the old river beds are good for growing tobacco.
The next area, the'p-rovinceof Jaen, som-te 7
is completely different. In area it is: about 4000 square miles and it lies
directly to the east of the Cordillera of the Andes-, ihins,-On the-opposite side
to Tumbes and the Pacific. The River-Huancabamba,-a' tributary-of-Th.7"r
c-11-araicod thence of the Amazon,.flows-round-three.of
Jaen is a land easy to admire and difficult to make use of. There is good soil
in which almost anything will grow: maize, tobacco, cacao, cotton, rice;
but ravines and bad weather stand in the way of all traffic. Raimondi, the
geographer of Peru, who visited it in 1868, remarked of it that in dry weather
you stick in the mud and in wet you drown. There are no roads in Jaen to
this day, but two pueblos on its western edge are now joined by road to the
Pan-American highway.
There are mists, damp woods, small plantations, and deserted townships in
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254 . STUD OF THE CONFL IC T BETWEEN Tilt
Jaen. These last have come about, not so much because people have died, as
that they have changed their minds; there is a trace of nomadic spirit in th,.
Indians. When Raimondi visited Jaen he found that the capital had already
twice changed its site since the time of the Spanish dominion, having finally
moved itself into a bog. This shifting may account for the fact that the early
geographers are always wrong in their bearings of the pueblos.
The position of Jaen in the dispute is that it is the most Peruvian in fact
and perhaps the most Ecuadorean by right.
The third province, which usually goes by the name of The Oriente and
sometimes Maynas.General Command, is bylar the largest of the three, lfeing7
. ? . _
%yell over_roo,000 miles square, by far the most valuable (wood, petrol, rubber)
and by far the most difficult to allot. In Shape-it is a great fan whose ribs are
the head waters of the Amazon and whose edge is the Ecuadorean part of the
Cordillera of the Andes. The south-western and north-western zones of the
Oriente, those which lie along the Cordillera, are called Macas and Quijos.
The population of this empire of forests and rivers is always matter of
doubt. The people move from one place to another, though with 'more
method than the ,people_ofJaen.?Villaviceneio,the.Ecuadorean.geographer,
reports thaithe fruits which grow on the banks?of?theAmazon rivers ripen'at)
ace -opposite time of_year-t-Ffliose which grow on the higher lands towardfthe-;
'cAndesrafidrthatin-this-Way,.therejs_a continual succession of harVests for the
animals and for -the-people' who shThu le?to.and.fro in order to gather it. Be
this as it may, a true census cannot be mads because most of the people are.in
the-de-pths of the foreiti and?decline?to-come -out__ ,
Other than by air-th?ere is no means of 'getting from one part of the Oriente
to another except by the rivers, so that the few pueblos are built near or on
the waters edge. In the seventeenth century, when the Jesuit missions were
at their height in these parts, the Fathers succeeded in drawing a good number
of the Indians out of the forests and established long strings of fluvial villages.
But these decayed _with the expulsion .of the _Society of Jesus from the
Americas,.and the next large-scale excitement was not till the late nineteenth ,
century_when the boom inNiild iibb? brought the Indians back to the rivers"!
and the subsequent ruthlessness of the exploiters drove them back again into
the woods. From which, so far as we can see, they have not yet come out.
For those who were not born in it the climate of the Oriente is nothing
short of death, and no outsider would live there without some overpowering
motive. The Jesuits and the rubber gatherers, each in his own way, had this
motive, but the South Americans of our day have not; so that what efforts
have been made towards civilization have been carried out as a duty and not
as a delight. Very few of the disputants have ever seen the Maynas General
Command, and no one of them has seen it all. In this way discussion about it
is built up on two rival traditions of map reading and not on any information
at first hand.
If it were possible to sum up so old and involved a quarrel in a few words
it might be said to amount to this: Ecuador maintains that the baifs-on Whieh-
all. the South American States were set up was the ancient Spanish Royal
Audiencias which were universally accepted by law as the proper limits of the
nevi States. Given the fact that South America chose to live on as a group of
7
F7. .F HU' AND
sovereign states and not as one or2anic whole.
colonial boundaries is the one principle whic
principle to which all others (such as that of ".1
accepted by law) must be subjected. Furthern
ancient colonial boundaries cannot be affecte,
made by the old administration shortly before
conditions peculiar to the time and which can
in the general history of America.
Peru on her side opens her case by pointing o
sovereign state for many years when Ecuador be
The disputed territories of Tumbes, gu.
in the early days of the Independence Ecui
Colombia, and it was only in 1830, after the dea,
on her own. But previous to 1830, and uncle!
Cedula of 1802 which had consigned these pro
Peru, Peru had absorbed Tumbes, Jaen, and thi
into her own constitution; so that when Ecuado
part of Peru. To dispute possession of them is ta
right to her own constitution. This she cannot
cuss. To her the boundary problem is not "to \
N?laynas belong?" but rather, given that they ar
proper boundaries with Ecuador?"
It can be said here and now that Ecuador's
?
-
?
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.41,441,
*NO
_
THE CONFLICT BETWEEN THE
bout, not so much because people have died, as
minds; there is a trace of nomadic spirit in the
ited Jaen he found that the capital had already
le time of the Spanish dominion, having finally
shifting may account for the fact that the early
? in their bearings of the pueblos.
dispute is that it is the most Peruvian in fact
,rean by right.
usually goes by the name of The Oriente and
Dmm a nd , is by far the largest of the three, being
, by far the most valuable (wood, petrol, rubber)
o allot. In shape it is a great fan whose ribs are
a and whose edge is the Ecuadorean part of the
south-western and north-western zones of the
j, the Cordillera, are called Macas and Quijos.
pire of forests and rivers is always matter of
)m one place to another, though with more
en. Villavicencio, the Ecuadorean geographer,
row on the banks of the Amazon rivers ripen at
)se which grow on the higher lands towards the
ere is a continual succession of harvests for the
ho shuttle to and fro in order to gather it. Be
nnot be made because most of the people are in
!ecline to come out.
, means of getting from one part of the Oriente
s, so that the few pueblos are built near or on
teenth century, when the Jesuit missions were
le Fathers succeeded in drawing a good number
s and established long strings of fluvial villages.
expulsion of the Society of Jesus from the
cale excitement was not till the late nineteenth
rubber brought the Indians back to the rivers
ss of the exploiters drove them back again into
r as we can see, they have not yet come out.
rn in it the climate of the Oriente is nothing
r would live there without some overpowering
Jhber gatherers, each in his own way, had this
:ans of our day have not; so that what efforts
zation have been carried out as a duty and not
iisputants have ever seen the Maynas General
has seen it all. In this way discussion about it
,ns of map reading and not on any information
D so old and involved a quarrel in a few words
his: Ecuador maintains that the basis on which
were set up was the ancient Spanish Royal
;ally accepted by law as the proper limits of the
t :-;outh America chose to live on as a group of
REPUBLICS OF PERU AND ECUADOR 255
sovereign states and not as one organic whole, then this inviolability of the
colonial boundaries is the one principle which cannot be broken_ and the
principle to which all others (such as that of "pti_PosSidetis" Which was also j
accepted by law) must besubjecied:FuithermoreTanador points outynthe_ --
,antientzVilaiial__botitidaries-cannot be affected by the last rnintite-shufflesT?
,
' made by the old adminiStration shortly before its death; shuffles made to meet
conditions peculiar to the time and which can have no significance whatever
in the general history of America.
Peru on her side opens her case by pointing out that she had already been a
sovereign state for many years when Ecuador began. This came about because
T& disputed territories of Tumbes, jaen, and the Oriente
in the early days of the Independence Ecuador formed part of Grand
Colombia, and it was only in 1830, after the death of Bolivar, that she started
on her own. But previous to 1830, and under colour of a. Spanish Royal-1.-
Cedula of 1802 _which had consigned these priiii?nc-es to the Vice?ro?yship of 3
Peru, Peru had-ab.Sofb-Cd-Tiirribii, Jaen, and the Maynas General Command
[tnto her own constitution; so that'When Ecuador was horn they were already?'
part of Peru. To dispute possession of them is tantamount to disputing Peru's
right to her own constitution. This she cannot allow and will not even dis-
cuss. To her the boundary problem is not "to whom do Tumbes, Jaen, and
Nlaynas belong?" but rather, given that they are Peruvian, "what are their
proper boundaries with Ecuador?"
It can be said here and now that Ecuador's case is perfectly logical and
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OF II1F ('(1,1 BEMEEN TliE
correct: its weakness lies in the fact that her precision does not go very
with the carelessness of South American politics, an.i that a hinclred yan
of consistent unscrupulousness on the part of her neighbours can go a lon,.!
vas. towards destroying primitive rights of the kind that she is claiming.
Peru, whatever may be the strength of her position in law, has only grown
into it in the course of long years of patient possession. Now that her
sovereignty over the greater part of what she claims is an accomplished fact,
she can say that it was in effect hers since the beginning, but this was not what
she told Bolivar in the first instance when she put in her claim against
Colombia. In other words her case has developed from haying been based on
a set of doubtful premises (whose chief merit lay in the fact that the other side
had no better) to its present flourishing state in which its base is the more
solid one of continued possession.
As nations, Ecuador and Peru have very different characters. Ecuador is
smaller than Peru, so it is natural for her to take up a position which would
seem to involve all the other South American states on her side. Added to her
smallness she has a bad flaw in that she is essentially made up of the two rival
cities of Quito and Guayaquil who have never yet been able to see eye to eve
ViSs....'lvith one another. This means that her natural state is one of revolution?
Thus from 1830 to 1883 she had no less than ten different constitutions. Her
(let
civil wars, almost as reliable as a clock, made her a constant temptation to her
neighbours; and in this way Colombia holds at least two of her northern
.v provinces, Brazil has knocked off a small triangle of her far east, and it may
well be that Peru has absorbed some of her territories on the south and south-
east. Peru on her side is large. Her capital of Lima, having, in colonial
times, been the seat of the Viceroy, it is not surprising that when she entered
into her career as an independent state, she felt it to be her right to regain
something of her old precedence. She became powerful, and seemed to be
on the point of achieving this when in 1879 she fought a war with Chile and
. was almost completely destroyed. From that day to this she has been recover-
ing. Peru is a strong character, with unity and cohesion in her parts, and who
ttbirl has been at war with the ideals and the sympathies of the past age: One more
Itfij{' j
`1 point which has to do with the present case: she has mote easy access to the
Oriente.
The Spanish dominion in the new world was in the first instance divided
under two heads: the Viceroyships of Nueva Espana (Mexico) and Los Reyes
(Lima). Under these Viceroyships lay the Royal Audiencias, of which there
were four under New Spain and seven under Lima (Los Reyes), these last
being the Royal Audiencias of Panama (created 1553), Lima (or Los Reyes)
(1542), Santa Fe de Bogota (1549), Charcas (1559), San Francisco de Quito
(1563), Chile (1609), and Buenos Aires (1661).
But these Audiencias were not the same in quality. Those of Lima.
Charcas, and Quito, as they lay close to the seat of the Viceroyship, were little
more than judicial in character and were presided over by gowned judges.
But those which lay farther afield from the capital had large military estab-
lishments as well as their court houses, were presided over by Captains-
General, and, as the years went by, achieved virtual autonomy.
,t/ta
OF 1 ? ".?. .4 0
Thus, in 1717, it was decided to make Sa -
Viceroyship ty the -I.;
hitherto been an apanage of New Spain) a. d
first instance this new arrangement was n ,t a
Years later, to be finally re-established in 1719.
dated 1740, describes its southern boundary as f
Pacific seaboard the line follows the ridges and
across the Jurisdiction of Paita and Piura as far
it meets at 6 degrees 30 minutes latitude South.
of Piura, Cajamarca, Nlovobamba, and Motik,
Cordillera of Jeveros and crosses the River Y.
confluence with the Carpi. The boundary folio.
it reaches the Solimoes or Amazon; this it foll,
mouth of the Caqueta or Yapurd, at which poi
Brazil."
It is on this description that Ecuador bases I,
From the days of the conquest the city of San
celebrated for the great Jesuit missions into thL
headquarters and from Quito came a great par:
The journey down into the Oriente was incr,
Fathers stood a fair chance, before they got th.
off and reduced to the size of an orange. To pre
establishments, they needed soldiery. Since, i
Viceroyship, Quito had few soldiers of her own
But when the Council of the Indies allotted O?
counted on the virtual impossibility of sending
Bogota.
So from that day the odds turned against the
ships on the Maranon, the Chinchipe, the Napo.
The end came in 1776 with the decree which ,
from the Americas.
The weakening and the death of the Quiteno
drive into Spanish territory by the Portuguese.
the Indies and recourse was had to Don Francis,
who, for seventeen years, had been governor ii
-his first report to the President of the Audiencia
the next quarter of a century we hear of him h.
authorities, the sixth and last of which is dated
a great age and been possessed of great patience.
both as they give a fair picture of the state of th,
in that it was from them that the Council drew
1802. He proposed three things: first, that in
of men and supplies, the territory should be
Lima: second, that for the bettering of educa:
taken out of the hands of the various small bodi:
to the Apostolic Missionaries of the College of
up the ecclesiastical administration under one h
be created in Maynas.
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TILE CONFLICT BETWEEN THE
ie fact that hr precision does not go very well
1 American politics, and that a hundred years
s on the part of her neighbours can go a long
Ave rights of the kind that she is claiming.
strength of her position in law, has only grown
g years of patient possession. Now that her
art of what she claims is an accomplished fact,
hers since the beginning, but this was not what
instance when she put in her claim againss.
case has developed from having been based on
ase chief merit lay in the fact that the other side
flourishing state in which its base is the more
ion.
!ru have very different characters. Ecuador is
ural for her to take up a position which would
)uth American states on her side. Added to her
that she is essentially made up of the two rival
who have never yet been able to see eye to eye
is that her natural state is one of revolution..
ad no less than ten different constitutions. Her
a clock, made her a constant temptation to her
Colombia holds at least two of her northern
off a small triangle of her far east, and it may
some of her territories on the south and south-
ge. Her capital of Lima, having, in colonial
!my, it is not surprising that when she entered
lent state, she felt it to be her right to regain
ace. She became powerful, and -seemed to be
?Yhen in 1879 she fought a war with Chile and
:d. From that dav'to this she has been recover-
with unity and cohesion in her parts, and who
and the sympathies of the past age. One more
? present case: she has more easy access to the
I(' IICW world was in the first instance divided
hips of Nueva Espaiia (Mexico) and Los Reyes
hips lay the Royal Audiencias, of which there
nd seven under Lima (Los Reyes), these last
Panama (created 15531, Lima (or Los Reyes)
549), Charcas (1559), an Francisco de Quito
los Aires (i661).
not the same in quality. 'Phase of Lima,
close to the seat of the Viceroyship, were little
r and were presided over by gowned judges.
ield from the capital had large military estab-
irt houses, were presided over by Captains-
t by, achieved viroal autonomy,
REPUBLICS OF PERU AND ECUADOR 257
.I'hus, in 1717, it was decided to make Santa Fe de Bogota into a third
Viceroyship to include the Captaincy-General of Venezuela (which had
hitherto been an apanage of New Spain) andthe,,A...9.221..,___Iito n the
first instance this new arrangement was not a success: it was abolished six
years later, to be finally re-established in 1739. Its Cedula of re-establishment,
*dated O, decribes its southern boundary as follows: "From Tumbes on the
Pacific--seab?oard the line follows the ridges and other cordilleras of the Andes
across the Jurisdiction of Paita and Piura as far as the River Mara??n which
it meets at 6 degrees 30 minutes latitude South. To Peru falls the Jurisdiction
of Piura, Cajamarca, Moyobamba, and Motilones. The line runs along the
Cordillera of Jeveros and crosses the River Yavari or Yauri at its point of
confluence with the Carpi. The boundary follows the course of this last until
it reaches the Solimoes or Amazon; this it follows as far as the westernmost
mouth of the Caqueta or I_ l_apura, at which point begin the boundaries with
Brazil."
_It-is on this description thatEciador bases her.claim.
---
'17r7-m?the days of the conquest the city of San Francisco de Quito had been
celebrated for the great Jesuit missions into the Amazonas: Quito was their
headquarters and from Quito came a great part of the men and the money.
The journey down into the Oriente was incredibly difficult and the good
Fathers stood a fair chance, before they got there, of having their heads cut
off and reduced to the size of an orange. To prevent this, and to protect their
establishments, they needed soldiery. Since, in the days before the new
Viceroyship, Quito had few soldiers of her own, these were sent from Lima.
But when the Council of the Indies allotted Quito to Santa Fe, no one had
counted on the virtual impossibility of sending troops into the Oriente from,
Bogota.
So from that day the odds turned against the Jesuits; one by one the town-
ships on the Maranon, the Chinchipe, the Napo, and the Pastaza disappeared.
The end came in 1776 with the decree which expelled the Society of Jesus
from the Americas. -
Tlieweaken'ing--and'the death of the Quiteno missions gave occasion.for.a
cKF-i;-e into Spanish territory by the-PorTh-iiiese:-ThiS,excited the Council of
? - the Indiesand recourse'was?had?to'Don?Franeis-E6-Requena, a most able man,
who, for seventeen years, had been governor in the Oriente. He submitted
his first report to the President of the Audiencia of Quito in 1776, and during
the next quarter of a century we hear of him handing further reports to the
authorities, the sixth and last of which is dated 1799. He must have lived to
a great age and been possessed of great patience. His reports are interesting,
both as they give .a fair picture of the state of the Oriente in those years, and
in that it was from them that the Council 'drew up the celebrated Cedula of
1802. He proposed three thatinordertohclhesend
ot men d lie-g7tfie?t7i:ritory should ,be..attached to ,the -A'iceroyship_of
CLinirTi=d,--lhat.for-the-betteriiii2 education the missions should be
taken out of the hands of the various small bodies of priests and handed over
to the Apostolic Missionaries of the College of Ocopa (Peru): finally, to gather
tip the ecclesiastical administration under one head, a new bishopric should
IN created in Maynas.
_1)
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258
A STUDY OF THE CONFLICT BETWEEN THE
On r5 July 18o2 the King published a cedula : " I have resolved that tht.:1-y
shah i be segregated from the Viceroyship of Santa Fe and from the Province
Of Quito and aggregated to that Viceroyship" (that of Peru) "the Gobierno
and General Command of Nlaynas, with the towns of the Gobierno of
Quijos, except the town of Papallacta, because all these are located on the
borders of the Napo river or in its immediate environs. This general con-i_
mand shall extend, not only along the lower Mara??n River as far as the
frontiers of the Portuguese colonies, but also along all the other rivers emptv-
ing into the Mara??n on its northern and southern banks, such as the Nlorona,
Huallaga, Pastaza, Ucayali, Napo, Yavari, Putumayo, Yapura, and other
less considerable rivers, as far up in each as the point at which, because of its
cataracts and inaccessible rapids, it ceases to be navigable. There shall also
fall to the same General Command the towns of Lamas and Aloyobamba, in
order that, so far as possible, it may be coextensive with the ecclesiastical and
military jurisdiction over those territories." _
The fate of this cedula and the respect gin to it are lost to us. Between
the date Of its signing and the time of the Independence there are confused
reports of men struggling to enforce it, though whether with success we do
not know. After the Independence trace of it is lost, and it is not brought
forward as a witnes till 1853 when the quarrel is already thirty years old. In
Colombia its existence was known but no word was said Of it publicly, perhaps
because there seem to have been current hopes of its having been burnt when
the Archives of the Viceroyship were sacked by the Revolutionaries. Peru
certainly knew of it but equally said nothing, probably because express
mention of it to Bolivar might have brought him to annul it.
Nor is the exact value of the cedula in law any more certain!, The -
,EcuadoreanS hold that it is no more than ecclesiastical and military: it
specifies towns, lines of communication, areas of influence, but no word-is
said of territory: it was the custom of the Spanish Crown; when it ordered a
change in territorial division, to say so more clearly; furthermore, there was
a ruling in Spanish Colonial Law whereby a cedula did not become binding
until it was carried out and proved a success: at the time when this cedula was
due to be enforced the administration was in no state to do this, and in effect
did not.
But the Prti. vians niaintain th7t---the cedulaithplied co-rriplete sovereignty
and thatthisrsovereignty was in fact exercised. To prove what they say they--
hOld documents, and seem constantly to be discovering more. - 7
_ -
-To put the strict value of the cedula in law on one side, the question turns
on what was the importance of the Audiencia in the settlement of boundary
disputes. It was in fact the most important unit of civilization in South
America. Except iii-earliest times and except in matters of high policy, it was_
to the Presidents-of-the-Audiencias and-no(to the Viceroys that the South _
Anerids of.those days would look. This is seen nowhere more clearly than
at-the Independence when the attempt to create the Viceroyships into
sovereign states failed, and the people declared in no uncertain way that it
was most natural to them to exist and grow up as independent and sovereign
audiencias.
By the seventeenth century the Administration had fallen away from its
REPUFL!CS OF FAIL* AND
ancient effectiveness. The creation of the Vice,
success: or if it was in some respects, it was not
The same difficulties which Requena found t?
also existed in the other parts of the Audiencia:
both in Jaen and in the Gobierno of Guava
travelling all the way to the High Court of Apr
so much nearer. In all things it seemed natura:
with Lima. In the days before the advancemc
the Diocese of Quito were subject to the Archh
of the Audiencia were subject to the Captain
reversal of this by the handing of Quito to San.
all its parts, civil, military, ecclesiastical, seer
In Maynas and Guayaquil this decay became a
Council of the Indies ordered the aggregation of
Cedula 1803) to Lima. In the light of the sub-
ment of the Audiencias as the nations of the ind
made by Spain on the eve of the total collapse o
in such a way that Ecuador should stand deprive
territory? One more consideration in favour
historical fact that the Republic of Peru was no
ship of Peru than was the Republic of Colomb
form heir to that of Santa Fe. In effect modern
the Audiencia of Los Reyes, therefore she can
virtue of their having been subject to that vie
have its seat in her ancient capital. In other w(
engine driver and who has retired, cannot expect
cab.
But whatever the Cedula of 1802 may be won
really existed, no one has seriously denied this;
Ecuador's misfortune, for whatever bearing it ma
it has at least given Peru a good reason for occur
territory as she could lay hands on.
In the year 1809 Ferdinand VII King of
possible war at the hands of Napoleon. This
of nearly all the capitals of Spanish America to
to point out to them that, in the event of Sp
directed by the Usurper, their great loyalty t(
force them to override any Edicts that might b
and, in Ferdinand's name, to take over the auth
The first city in the South to make this ster
break on August to the President of Quito, Don
up and handed this note: "The Supreme Junta
of Quito: The Present state of uncertainty in ,
entire annihilation of all legally constituted a
which the person and possessions of our bel,
have determined our brothers of the Presidency
ments. . ? ?''
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?
THE CONFLICT BETWEEN THE
:)ublished a cedula: "I have resolved that there
Viceroyship of Santa Fe and from the Province
hat Viceroyship" (that of Peru) "the Gobierno
Maynas, with the towns of the Gobierno of
'apallacta, because all these are located on the
in its immediate environs. This general corn-
along the lower Mara??n River as far as the
lonies, but also along all the other rivers empty-
rthern and. southern banks, such.as the Morona,
Napo, Yavari, Putumayo, Yapura, and other
up in each as the point at which, because of its
)ids, it ceases to be navigable. There shall also
mand the towns of Lamas and Moyobamba, in
it may be coextensive with the ecclesiastical and
se territories."
the respect given to it are lost to us. Between
e time of the Independence there are confused
enforce it, though whether with success we do
:dence trace of it is lost, and it is not brought
when the quarrel is already thirty years old. In
)wn but no word was said of it publicly, perhaps
en current hopes of its having been burnt when
hip were sacked by the Revolutionaries. Peru
ually said nothing, probably because express
have brought him to annul it.
f the cedula in law any more certain. The
no more than ecclesiastical and military: it
munication, areas of influence, but no word is
istom of the Spanish Crown, when it ordered a
to say so more clearly; furthermore, there was
L,aw whereby a cedula did not become binding
?.yved a success: at the time when this cedula was
istration was in no state to do this, and in effect
that the cedula implied complete sovereignty
in fact exercised. To prove what they say they
instantly to be discovering more.
cedula in law on one side, the question turns
of the Audiencia in the settlement of boundary
most important unit of civilization in South
mes and except in matters of high policy, it was
iencias and not to the Viceroys that the South
!d look. This is seen nowhere more clearly than
the attempt to create the Viceroyships into
lie people declared in no uncertain way that it
xist and grow up as independent and sovereign
v the Administration had fallen away from its
REPUBLICS OF PERU AND ECUADOR
259
ancient effectiveness. The creation of the Viceroyship of Santa Fe was not a
success: or if it was in some respects, it was not in so far as it included Quito.
The same difficulties which Requena found to be so heavy in the Oriente
also existed in the other parts of the Audiencia: there were violent complaints
both in Jaen and in the Gobierno of Guayaquil against the hardship of
travelling all the way to the High Court of Appeal in Bogota when Lima was
so much nearer. In all things it seemed natural and proper for Quito to run
with Lima. In the days before the advancement of Santa Fe the clergy of
the Diocese of Quito were subject to the Archbishop of Lima and the soldiers
of the Audiencia were subject to the Captain-General of Peru. After the
reversal of this by the handing of Quito to Santa Fe the entire Audiencia in
all its parts, civil, military, ecclesiastical, seems to have fallen into decay.
In Maynas and Guayaquil this decay became a scandal, and to repair it the
Council of the Indies ordered the aggregation of the two provinces (Guayaquil
Cedula 1803) to Lima. In the light of the subsequent fact of the establish-
ment of the Audiencias as the nations of the independence, ought the muddle
made by Spain on the eve of the total collapse of her authority be interpreted
in such a way that Ecuador-should Stand deprived of two-thirds of her natural
territory? One more consideration in favour of Ecuador's thesis: it is a
historical fact that the Republic of Peru was no more the heir to the Viceroy-
ship of Peru than was the Republic of Colombia in her final and definitive
form heir to that of Santa Fe. In effect modern Peru is no more than heir to
the Audiencia of Los Reyes, therefore she can hardly lay claim to lands by
virtue of their having been subject to that viceroyship which happened to
have its seat in her ancient capital. In other words a man who has been an
engine driver and who has retired, cannot expect always to ride in the driver's
cab.
But whatever the Cedula of 180z may be worth, two facts are clear: first, it
really existed, no one has seriously denied this; scond, its existence has been
Ecuador's misfortune, for whatever bearing it may have on the final settlement
it has at least given Peru a good reason for occupying as much of the disputed
territory as she could lay hands on.
In the year 1809 Ferdinand VII King of Spain was threatened with
possible war at the hands of Napoleon. This gave occasion for the citizens
of nearly all the capitals of Spanish America to approach their governors and
In point out to them that, in the event of Spanish Colonial Policy being
directed by the Usurper, their great loyalty to the Spanish Crown would
force them to override any Edicts that might be forthcoming from Madrid,
and, in Ferdinand's name, to take over the authority themselves.
The first city in the South to make this step was Quito herself. At day-
break on August to the President of Quito, Don Ruiz de Castillo, was woken
up and handed this note: "The Supreme Junta to Count Ruiz, Ex-President
of Quito: The Present state of uncertainty in which Spain is plunged, the
entire annihilation of all legally constituted authority and the danger to
which the person and possessions of our beloved Ferdinand are exposed,
have determined our brothers of the Presidency to form Provisional Govern-
ments. . . ."
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21)0 STI Iv, or rtiF. CONFLICT BETWEEN TIE
This was the beginning. The following year saw revolts in Buenos Aires,
Santa R.., Caracas, and La Plata. All were directed hy iuntas, all professed
loyalty to Ferdinand, but all later withdrew this and proclaimed Independence
in its place. The Spanish Authorities were stunned, perhaps deceived: but
when the issue became more Clear, they rallied: the juntas destroyed them-
selves with talking: that of Santa Fe, when in extremity, gave supreme power
to Simon Bolivar (1815), bequeathing him therewith an. impossible military
situation. He was defeated, but returned, and in 1819, at Angostura, created
the Republic of Venezuela. This new state was confirmed by the victory
of Boyaca, and before ?the .end of the year .he proclaimed the Republic of
Colombia.
.Meanwhile, in the South, the Junta in Santiago de Chile had, In t817,
handed the command .to General San Martin who, the following year,
secured the independence of Chile and by 182o was in a position to march
northwards into the Viceroyship of Peru. This he did, and on 28 July 1821
he entered Lima and ordered the formation of a Peruvian National Congress.
To this assembly he resigned his powers, he himself returning forthwith to
Chile. But, as might have been expected, the newly formed parliament had
so much to discuss that it had no time to prevent the recapture. of Lima by
the Spaniards. At this point word was sent to Santa Fe to ask help of Bolivar.
The Republican cause in the North had been going well. On 30 August
1821, at Rosario de Cucuta, had been signed the Constitution' of Grand
Colombia, a state built up out of the Audiencias of Santa Fe, Venezuela, and,
in anticipation, Quito.: For this last had been in the -hands of the Spaniards
since 1812 when the revolt against Ruiz de Castillo came to an end. Marshal
Sucre was sent in the name of Grand Colombia with orders to free Quito
from Spain. This he achieved by the Battle of Pichincha, at the same time
making it possible for Bolivar to answer the call of the Peruvians and to send
armies south to Lima. ?
Bolivar himself entered Lima on i September 1823 and was at once vested
with the full powers .which had formerly been held by San Martin. The
following year, by the Battle of Ayacucho,- the Independence of South
America was finally secured and Bolivar was free to turn to. his favourite
business of framing Constitutions. This he did astonishingly badly. The
Audiencias of Charcas and Los Reyes were made into the Republics of
Bolivia and Peru respectively. This would have been well had not each been
set up with three houses of representatives all holding full freedom of speech
and all governed by a president with full powers of suppressing that speech.
So that when the time came for Bolivar to return to his own country (1826)
he left everyone in the South perplexed and angry.
At first sight the Independence, with its many constitutions framed and
broken and its two hundred battles, the Whole taking place over a period of
fifteen years, is hopeless confusion. But this is not really so. First it must be
remembered that it is one historic act and not many, and that the sequence
of happenings is of no particular significance. Thus the order in which the
new nations emerge does not mean very much. The result was achieved by
international characters such as Bolivar, Sucre, San Martin, Artigas, great
men who belong equally to all South America; it means nothing that one
i
was a Venezudan, it, a Colombian, one a L:
it means nothing that Peru had to look both.
her final freedom from Spain. This sel.se
attested by their agreeing to adopt the Coln:1
of Uti Possedetis as the joint means of fixing ne,.
accepted independence at the hands of the Li 1),_
their ideas. Hence their opinions in detail as t
be made, opinions which they gave very freely,
was all for the best because confusion reigne1!
men, a confusion which is perhaps best seen i
violently and sincerely devoted to the Cause of
betrayed and abused if any man should dar
them. ?
. To take the case of Bolivar, as being the ir.ar
we see at once that he overlooked the Audienc
of the Viceroyship. It was inconceivable to hirn
Venezuela, Colombia, and Quito could ever \\-
devoted whole. By the same token it was to hi
self-will on the part of the Citizens of Guayai.:
pendent state. He coerced the three together a.
with them. The Audiencias could hardly wait t
apart, but Guayaquil, in so far as it has rern,1
return to Lima, has consented to abide by his
opinions on the boundary question, though th
show what men believed at that time are not
might well have been had the ?states consentes
chosen him as their "father."
Bolivar had three separate difficulties in hi
was Guayaquil, there was Jaen, and there was
cared about the desert of Tumbes. In thing
Bolivar was extremely practical and in all else li.
the great port of the south, was necessary to his
his. But two considerations stood in his way: it
Viceroyship of Peru by a Royal Cedilla of 18o2
had declared for autonomy. In August of 1822
person. On his arrival he remarked, not without
secessionists had sailed away with the Peruvian
be difficult to bring the remaining citizens to hi
The Maynas General Command was immc
world as it then was, and this made it a proper
knew of the existence of the Cedula of 1802 thou
importance he attached to it. One thing that .
going to let it stand in the Way of his common
extended from the Orinoco to the IN faranon."
two, therefore it seen-is that Bolivar intended
the cedula, keeping the left bank for Colombia
Peru.
Jaen, having-no commercial importance and
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? - ?
?
tr ? 'r"r. ? ? Ar. atigi 4VASTIT77--.?T.
V. 1. ?
THE CONFLICT BETWEEN THE
'he following year saw revolts in Buenos Aires,
lata. All were directed by juntas, all professed
iter withdrew this and proclaimed Independence
uthorities were stunned, perhaps deceived: but
clear, they rallied: the juntas destroyed them_
nta Fe, when in extremity, gave supreme power
ueathing him therewith an impossible military
.ut returned, and in 1819, at Angostura, created
This new state was confirmed by the victor,.
of the year he proclaimed the Republic of
the Junta in Santiago de Chile had, in 1817,
eneral San Martin who, the following year,
Chile and by 1820 was in a position to march
hip of Peru. This he did, and on 28 July 1821
the formation of a Peruvian National Congress.
! his powers, he himself returning forthwith to
en expected, the newly formed parliament had
cl no time to prevent the recapture of Lima by
vord was sent to Santa Fe to ask help of Bolivar.
he North had been going well. On 30 August
had been signed the Constitution of Grand
of the Audiencias of Santa Fe, Venezuela, and,
lis last had been in the hands of the Spaniards
ainst Ruiz de Castillo came to an end. Marshal
of Grand Colombia with orders to free Quito
d by the Battle of Pichincha, at the same time
to answer the call of the Peruvians and to send
oa on i September 1823 and was at once vested
had formerly been held by San Martin. The
IC of Ayacucho, the Independence of South
and Bolivar was free to turn to his favourite
;tions. This he did astonishingly badly. The
Los Reyes were made into the Republics of
This would have been well had not each been
:)resentatives all holding full freedom of speech
nt with full powers of suppressing that speech.
or Bolivar to return to his own country (.1826)
perplexed and angry.
ience, with its many constitutions framed and
)attles, the whole taking place over a period of
ision. But this is not really so 7 First it must be
toric act and not many, and that the sequence
_liar significance. Thus the order in which the
mean very much. The result was achieved by
as Bolivar, Sucre, San Martin, Artigas, great
ill South America; it means nothing that one
REPUBLICS OF PERU AND ECUADOR
261
was a Venezuelan, one a Colombian, one a Chilean, and so forth; similarly
it means nothing that Peru had to look. both to Colombia and to Chile for
her final freedom from Spain. This sense of equality among. .the_states.is??
attested,thytheir agreeing to adopt the:Colonial divisions and the principle)
of Uti Possedetis as'the joint -m-earis7if fixing new boundaries. Smith America
A
accepted-independence at the hands of the Liberators, but she did not accept
their ideas. Hence their opinions in detail as to how the new states should
be made, opinions which they gave very freely, do not count for much. This
was all for the best because confusion reigned in the heads of those great
men, a confusion which is perhaps best seen in the fact that they were all
violently and sincerely devoted to the Cause of Liberty yet all felt themselves
betrayed and abused if any man should dare to practice liberty against
them.
To take the case of Bolivar, as being the man who most concerns us here,
we see at once that he overlooked the Audiencia and only thought in terms
of the Viceroyship. It was inconceivable to him that the three Audiencias of
Venezuela, Colombia, and Quito could ever want to live other than in one
devoted whole. By the same token it was to him disgusting and punishable
self-will on the part of the Citizens of Guayaquil to choose to be an inde-
pendent state. He coerced the three together and coerced Guayaquil to join
with them. The Audiencias could hardly wait till his death before springing
apart, but Guayaquil, in so far as it has remained with Quito rather than
return to Lima, has consented to abide by his will. Thus his thoughts and
opinions on the boundary question, though they are valuable in that they
show what men believed at that time are not in any way binding, as they
might well have been had the states consented to fulfil all his wishes and
chosen him as their "father." _
three -separate .difficulties in his Southern r Boundary: there
Guayaquil, there was Jaen, and ther7-w7a-s Aracicas-./In thje-cla-vs-n-O- one- -
cared about the desert of" Tumbe's. In. things to do with administration
Bolivar was extremely practitatalid in all else highly sentimental. Guayaquil,
f-thrgreat-porrof -th-e-itiiith,-wasThecessary to his Einpire therefore.it.must:be?
UhiS7But-fwo7considerftions stood in his way: it had been-h?ancred.ovemo.the
Yitifovship of-Perit_bv.-a7R5yal Cedilla of 1802, and the cifiRt-theinselitl"
(had declared-for autonomy. in August-of .1822-Bolivar went-to Guayaquil.in)
person:--On?his arrival he remarked, not without satisfaction, that the principle
secessionists had sailed away with the Peruvian Fleet and that it would not
be difficult to bring the remaining citizens to his point of view. This he did.
The Mavnas General Command was immeasurably far away from the
world as it then was, and this made it a proper object for sentiment. Bolivar
knew of the existence of the Cedula of 1802 though it is not clear exactly what
importance he attached to it. One thing that is certain is that he was not
going to let it stand in the way of his commonpla(emthat Grand Colombia
e-S't end RI from J'htJaran 6n cuts avna-s:
Vo, therefore it seems that Boliv:.ir intendtdtu ml lojuuittcr 61'
Lille cedilla, keepiii2 the left bank for colombla-511J-1-7Fii)-,7-11;74._:it banCto
_ _
Jaen /having no commercial importance and not figuring importantly on
("?
#16f;
? , .?
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z 6 z A STUDY OF THE CONFLICT Bat\ TAE
the map, appealed neither to his head nor to his heart. So in the absence of
strong feelings he seemed ready, if not to judge of it on its merits, at least to
see the province lost to Colombia if thereby he could g:in his other end,.
Jaen had unquestionably been part of the Viceroyship of Santa Fe and of the
Audiencia of 'Quito right to the end. But like the other provinces of the
Audiencia it seems to have suffered from tharrhiprIMv# The
natural market for this was Lima, but before it could be sold there, customs
had to be paid. This was so discouraging to the people of Jaen that in the
course of the seventeenth century the population dwindled from thirty
thousand to seven thousand. This state of affairs was set before the Spanish
Governors who during their last half-century of office had been taking steps
for the handing over of Jaen to Peru, though they had never quite achieved
it. This was the reason why the local cou-ncils, at the time of Independence,
were most anxious to belong to Peru.
Bolivar, when he heard of this, was at first indignant, but later seemed
inclined to leave the matter for the time as being unimportant. He said
nothing of it during the two years when he was Master of Peru and it was
not until 1827, when he was once more Dictator of Colombia and was faced
with a general revolt against his person in all the states of the south, that he
declared his feelings in these terms: "If, six months from now, Peru has not
placed the Province of Jaen and the lands of Maynas which she now holds,
under the orders of the Intendent of Azuay (Ecuador) the Government of
Colombia will declare a state of war with Peru and will persevere until the
fortunes of arms have upheld the right. . . ."
But before the account is carried any further, something must be said of
the state of Peru and Colombia themselves at this time, and of their relations
with one another. It must be remembered that they were not nations in the
sense that they are now. In themselves they were little more than gatherings
of men; of soldiers who wanted honour and of men of affairs who wanted
what is commonly called prosperity. Thus, when Jaen ahd Guayaquil voted,
the one for union with Peru and the other for autonomy, it was their pockets
that prompted them. Similarly, when General la Mar, the Peruvian Presi-
dent, marched north into Colombia, it was not because Peru had a quarrel
with Colombia, but because he himself wanted to have a fight with Bolivar.
It is important to remember this, because both sides like to vest the acts
of this period with a national significance which they certainly never had,
thus making the whole problem so much more difficult to unravel. Another
difficulty is to give the acts of this time their proper value in law. The
Colombian Congress, sitting in Cucuta had, in 1821, drawn up their con-
stitution in which the boundary with Peru was named as "being coextensive
with that of the Viceroyship of Santa Fe as it was previous to 181o." When the
Peruvian Congressmen, two years later, came in their turn to draw up a con-
stitution they named their frontier with Colombia in exactly the same terms.
The trouble was that no one said if the Cedula of 1802 was held to be valid or
not and both sides were apparently left to interpret the matter in their own
way. It only became difficult when the writs had to be issued for the elections.
In this Colombia had two years' start, but Peru, when she was called upon to
It PEIW A:\
acknowledge Colombia's possession of the (
she could take no account of Colombia's Co
her own. But when, in 1823, she did this ane
the deputies in those provinces to come and s
But since the struggle with was still go'
to fall out on what was then still an academic is
an agreement (later to prove equally embart-,
towns on the left bank of the Maranon were to
and those on the right bank with Peru. By tl
tions were queered, because however natural
be, it was certainly never the boundary betw,
the Cedula of 18o2 is taken into account or if i
The upshot of all this is that, however int;
this age may be in showing how the countries
cannot be given that absolute finality in law
them. Peru, as we have seen, declines so
sovereignty over Jaen and Maynas on the grol
part of herself from the time of her constituti.
that she claimed them at that date it is also t
point uncontested and her possession (at least
accomplished.
In the same way the war which followed on
interesting to us now in that it ended in the
treaties that could be imagined. Like all the v
of the Independence, it was a civil war fought o
of the revolt against Bolivar which had been .
which was to end, not with the Treaties, but v.
consumption in the last days of 1829. The bol
the nominal cause of the war, but it was not ti
the real cause, the parties, when they came to s
been so willing to put off the settlement for ano
The fighting itself began with the capture o
Navy. But this success was immediately offset
La Mar at the hands of the faithful Marshal
de Tarqui. But a rebellion in Venezuela gave
Peruvians from Guayaquil and he decided to s
was followed by a treaty at Guayaquil by the I
left Colombian soil and both parties consent
question in Lima.
? The Case now reaches its most anxious ph
General Don Tomas De Mosquera, the Colon
in Lima with the declared object of carrying c'
Guayaquil. Up to this time there can be no doul
in Peru as to what was the right settlement wen.
Bolivar's. We have a note written by Don Jo
signed the treaty in Guayaquil, in which he \yr,
that:
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THE CONFLICT BETWEEN THE
his head nor to his heart. So in the absence of
idy, if not to judge of it on its merits, at least to
unbia if thereby he could gain his other ends:
a part of the Viceroyship of Santa Fe and of the
the end. But like the other provinces of the
suffered from this. Jaen grew tobacco. The
,ima, but before it could be sold there, customs
discouraging to the people of Jaen that in the
2entury the population dwindled from thirty
This state of affairs was set before the Spanist,
last half-century of office had been taking steps
to Peru, though they had never quite achieved
the local councils, at the time of Independence,
to Peru.
? this, was at first indignant, but later seemed
for the time as being unimportant. I-le said
years when he was Master of Peru and it was
once more Dictator of Colombia and was faced
his person in all the states of the south, that he
terms: "If, six months from now, Peru has not
Ind the lands of Maynas which she now holds,
ndent of Azuay (Ecuador) the Government of
of war with Peru and will persevere until the
the right. . . ."
:arried any further, something must be said of
i a themselves at this time, and of their relations
remembered that they were not nations in the
iemselves they were little more than gatherings
..ed honour and of men of affairs who wanted
perity. Thus, when Jaen and Guayaquil voted,
nd the other for autonomy, it was their pockets
lv, when General la Mar, the Peruvian Presi-
lombia, it was not because Peru had a quarrel
c himself wanted to have a fight with Bolivar.
1- this, because both sides like to vest the acts
11 significance which they certainly never had,
1-ri so much more difficult to unravel. Another
of this time their proper value in law. The
in Ciicuta had, in 1821, drawn .up their con-
ry with Peru was named as "being coextensive
Santa Fe as it was previous to 1810." When the
ears later, came in their turn to draw up a con-
ntier with Colombia in exactly the same terms.
:id if the Cedula of 1802 was held to be valid or
a-nth- left to interpret the matter in their own
yhen the writs had to be issued for the elections.
-s' start, but Peru, when she was called upon to
REPUBLICS OF PERU AND ECUADOR 263
acknowledge Colombia's possession of the Oriente, wisely pointed out that
she could take no account of Colombia's Constitution till she had ratified
her own. But when, in 1823, she did this and forthwith issued writs calling
the deputies in those provinces to come and sit with her, the trouble began.
But since the struggle with Spain was still going forward there was no time
to fall out on what was then still an academic issue, so both sides entered into
an agreement (later to prove equally embarrassing to both) whereby those
towns on the left bank of the Maranon were to vote with Colombia, and Jaen
and those on the right bank with Peru. By this means both their constitu-
tions were queered, because however natural a boundary the Marafion may
be, it was certainly never the boundary between the Viceroyships, either if
the Cedula of 1802 is taken into account or if it is not.
The upshot of all this is that, however interesting the legislative acts of
this age may be in showing how the countries stood with one another, they
cannot be given that absolute finality in law which is so often claimed for
them. Peru, as we have seen, declines so much as to discuss her right to
sovereignty over Jaen and Maynas on the ground that they were an integral
part of herself from the time of her constitution in 1823. Though it is true
that she claimed them at that date it is also true that her claim was at no
point uncontested and her possession (at least of Maynas) was by no means
accomplished.
In the same way the war which followed on Bolivar's Declaration is only
interesting to us now in that it ended in the most confusing set of peace
treaties that could be imagined. Like all the wars that followed in the train
of the Independence, it was a civil war fought on a personal issue. It was part
of the revolt against Bolivar which had been going forward since 1823 and
which was to end, not with the Treaties, but with the death of Bolivar from
consumption in the last days of 1829. The boundary question was certainly
the nominal cause of the war, but it was not the real cause. For had it been
the real cause, the parties, when they came to sign the peace, would not have 0
been so willing to put off the settlement for another time.
(Alt*
The fighting itself began with the capture of Gua -a uilbytheYetuvian
Navy. But this success was immediately o set by the total defeat of General
La Mar at the hands of the faithful Marshal Sucre in the Battle of Portete r,
de Tarqui. But a rebellion in Venezuela gave Sucre no time to dislodge the
Peruvians from Guayaquil and he decided to sign a truce on the field. This
was followed by a treaty at Guayaquil by the terms of which the Peruvians
left Colombian soil and both parties consented to discuss the territorial
question in Lima.
The Case now reache -111?mo-Srasti ous phase. On 25 November 1829,
General Don Tomas D Mosquera,'
th Colombian Plenipotentiary, arrived
in Lima with the declare o rarrving out the terms of-the Treaty of
Guayaquil. Up to this time there can be no doubt that the prevailing opinions
in Peru as to what was the right settlement were, except for Jaen, the same as
Bolivar's. We have a note written by Don Jose Larrea, the Peruvian who
signed the treaty in Guayaquil, in which he wrote to his Government saying
that:
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:164
? zTUDY O THE CONFLIC F BETWEEN 'HIE
"In order in the Future definitely to avoid controversies of every descrip-
tion with that Republic" (meaning Grand Colombia) "it would be most suit-
able and convenient to fix as the boundaries of the two states the mouth of the
Tumbes river" (that is, leaving Tumbes to Colombia) "with a line rum -i;',
parallel through the Environs of Loja to the source of the_Chinchipe river"
(leaving Jaen to Peru) "the waters of Which are confluent withhe laF
and enclose our territory in that section." (Maynas to be divided, the greater
_part to Colombia.) -
Further to this we have the evidence of an official Peruvian map, dated
1826, which follows much the same lines. It must be remembered that in
spite of the tone of Bolivar's declaration of war, the question was not at this
time an angry one and there can be no doubt that had the Liberator lived
another six months the boundary would have been fixed once and for all in
this sense.
But Bolivar was known to be ill and Grand Colombia was known to be in a
precarious state, and the Peruvian Foreign Office must have thought that there
was nothing to lose and that there might be much to gain if the settlement
were delayed. Besides, there was trouble with Mosquera over Jaen, and this,
together with the fact that the frontier had. never been officially surveyed
(that is, under the terms of the Treaty: Peru had made her own survey,
witness the map of 1826) as enough for .the Peruvian Foreign Minister to
withhold his signature so long as it suited him. There is no charge of bad
faith in this: any Foreign Minister would have done the same.
A _certain Colonel Althaus was commissioned to make a map, and mean-
while "Mosquera was properly fed and kept amused by discussions about
Jaen. In December he wrote to Bolivar: "We have already decided on the
Rivers Tumbes, Mara??n, and Macard. Nothing remains but to think about
the Chinchipe." (That is, Jaen.)
But it was too late. On November 4 Venezuela declared her secession
from the Union; on December 17 Bolivar, who was the Union, died; on
Christmas Eve General Paez opened the Venezuelan Congress in Caracas;
in January the Constituent Congress of Grand Colombia, which had been
convoked by Bolivar two years earlier but never summoned, met in Bogota
in the vain hope of drawing Venezuela back into the Union: by the end of
April all thought of this was given up, and in May the three southern pro-
vinces of the Union, Quito, Guayaquil, and Azuay, banded themselves
together into a new state which they called Ecuador.
Mosquera did not leave Lima at once. Grand Colombia's international
personality was not yet thought to be dead and there were still hopes that she
would live on in some Federal existence, hopes which were not formally
stopped till 1835. But by July Mosquera seems to have become restless and
anxious to return to Colombia. On the 24th of that month he appears to
have sent a note to the Peruvian Foreign Minister in which he resigned his
charge and told of his coming departure. On the 31st he asked to be allowed
to send his baggage on board the Colombian war schooner Guayaquilena;
on August 2 the Marine Commander of Callao acknowledged Orders to go
forward with his embarkation. A week later (according to the Mercurio
Peruano) he embarked, and on the loth the Guayaquilena weighed anchor.
REPU.:LIC'3 CJ i PERU AN ?
Now, on August 2 the post of Foreign Minist
Don Carlos Pedemonte.
The importance of all this is that the Col,.
by Pedemonte and .Mosquera, in which th(
round Jaen, is carefully laid down. This prot
That is, the day after Mosquera sailed from
not so much as mention the Protocol before t:
impart the thing to Ecuador till 1904. But fro
large in the Ecuadorean case, probably to its
it a forgery and show the details of Mosquc
furthermore, they point out that even if it wc:
had ceased to represent Grand Colombia, an
view of the previous secession of Venezuela, h
The position of Ecuador is very delicate.
trust from Colombia assuming that Colombia
show that it was true and valid. This Colomi
always been at a disadvantage in all matters w
before 1830, since the archives both of the V
the Republic of Grand Colombia are in Bogota
depends on her relations with contemporary C.
been of the best.
In effect the Pedemonte Mosquera Protocol
case. Even if all that is claimed of it could b.
than give evidence for an intention on the par:
clearly established by other proofs. If it is clear
did not set his hand to any boundary arrang
equally clear that his miision was a success in t:
what Peru thought and hoped for at that time,
to give up Tumbes, that she was determined
and that she was prepared to consent to an unt
taking the 'Maranon as a boundary. And this is
contention "that Tumbes, Jaen, and Nlaynas
since the time of her Constitution in 1823."
On 23 September 1830 the Constitution of
.was signed. Thereby a new problem: "was Ec
Grand Colombia may have held against Peru i
Boundary?" Peru said she was not.
The question turns on the way South Ameni
is, if they are drawn according to strict rig':
hardly acquire new rights merely because Gra
Ecuador is indeed true heir to Grand Colombia
are arrived at by bargaining, then, because Pc
to credit Ecuador with the bargaining pow
Colombia, Ecuador is not the true heir.
In effect the South American frontiers are ma
they usually begin by an examination of the ri
bargaining. Thus Ecuador could not lose any
18
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F THE CONFLIC,'T BETWEEN THE
iefinitely to avoid controversies of every descrip-
caning Grand Colombia) "it would be most suit.
the boundaries of the two states the mouth of the
ing Tumbes to Colombia) "with a line running
is of Loja to the source of the Chinchipe river"
waters of which are confluent with the MaraiiOn
:hat section." (Maynas to be divided, the greater
the evidence of an official Peruvian map, dated
.he same lines. It must be remembered that in
declaration of war, the question was not at this
e can be no doubt that had the Liberator lived
!dary would have been fixed once and for all in
be ill and Grand Colombia was known to be in a
vian Foreign Office must have thought that there
there might be much to gain if the settlement
was trouble with Mosquera over Jaen, and this,
the frontier had never been officially surveyed
the Treaty: Peru had made her own survey,
:s enough for the Peruvian Foreign Minister to
as it suited him. There is no charge of bad
:nister would have done the same.
was commissioned to make a map, and mean-
ly fed and kept amused by discussions about
c to Bolivar: "We have already decided on the
!d Macara. Nothing remains but to think about
:n.)
November 4 Venezuela declared her secession
her 17 Bolivar, who was the Union, died; on
opened the Venezuelan Congress in Caracas;
Congress of Grand Colombia, which had been
,rs earlier but never summoned, met in Bogota
Venezuela back into the Union: by the end, of
given up, and in May the three southern pro-
Guayaquil, and Azuay, banded themselves
ch they called Ecuador.
_A:11a at once. Grand Colombia's international
?ht to be dead and there were still hopes that she
oral existence, hopes which were not formally
ly Mosquera seems to have become restless and
Dia. On the 24th of that month he appears to
vian Foreign Minister in which he resigned his
.; departure. On the 31st he asked to be allowed
-d the Colombian war schooner Guayaquilena;
--nmander of Callao acknowledged orders to go
on. A week later (according to the Mercurio
on the loth the Guayaquilena weighed anchor.
REPUBLICS OF PERU AND ECUADOR 265
Now, on August 2 the post of Foreign Minister had been handed to a certain
Don Carlos Pedemonte.
The importancgroLallahis is that the Colombians hold a protocol, signed
byd.edOmiinte and Mosql?ia in which the frontier, except for the part
round Jaen, is carefully laid down. This protocol bears the date August
That is, the day after Mosquera sailed from Callao. The Colombians did
not so much as mention the Protocol before the year 1892, and they did not
impart the thing to Ecuador till 1904. But from that date it had figured very
large in the Ecuadorean case, probably to its prejudice. The Peruvians call
it a forgery and show the details of Mosquera's embarkation to prove it;
furthermore, they point out that even if it were not, Mosquera by that date
had ceased to represent Grand Colombia, and Grand Colombia herself, in
view of the previous secession of Venezuela, had ceased to exist.
The position of Ecuador is very delicate. She accepted the document on
trust from Colombia assuming that Colombia could, and if need be, would
show that it was true and valid. This Colombia has not done. Ecuador has
always been at a disadvantage in all matters which have to do with the years
before 1830, since the archives both of the Viceroyship of Santa Fe and of
the Republic of Grand Colombia are in Bogota and Ecuador's access to them
depends_on her relations with contemporary Colombia which have not always
been of the best.
In effect the Pedemonte Mosquera Protocol is by no means essential to her
case. Even if all that is claimed of it could be proved, it could do no more
than give evidence for an intention on the part of Peru, and this intention is
clearly established by other proofs. If it is clear on the one hand that Mosquera
did not set his hand to any boundary arrangement binding on Peru, it is
equally clear that his miision was a success in that it had the effect of showing
what Peru thought and hoped for at that time, of showing that she was ready
to give ilinniTeriFirihe was determined at all cost to hold On to Jaen,
and that she wai prepared to-co-nSent to an nnfaVourable division of 11.1aynas,
taking the Mara??n as a boundary. And this is enough to upset the Peruvian
contention that Tumbes, Jaen, and Maynas were an integral part of Peru
since the time of her Constitution in 1823."
On 23 September 1830 the Constitution of the new Republic of Ecuador
was signed. Thereby a new problem: "was Ecuador heir to whatever rights
Grand Colombia may have held against Peru in the matter of the Southern
Boundary ?" Peru said she was not.
The question turns on the way South American frontiers are made. That
is, if they are drawn according to strict right, then, because Peru could
hardly acquire new rights merely because Grand Colombia split into three,
Ecuador is indeed true heir to Grand Colombia in this. But if the boundaries
are arrived at by bargaining, then, because Peru could hardly be expected
to credit Ecuador with the bargaining power formerly held by Grand
Colombia, Ecuador is not the true heir.
In effect the South American frontiers are made by both ways of reckoning:
they usually begin by an examination of the rights and end by some sort of
bargaining. Thus Ecuador could not lose any of the rights that Colombia
18
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266 A s i'LOY OF THE CONFLICT BETWEEN TEE
held before her; if Grand Colombia had the right to claim Turnbcs, Jaen, and
laynas, then Ecuador had the same right to 4o on u:ahning, them. Whdt
had not got was the power of enforcing Ns. hatever right she may have had, and
this, over a long period of years might, if she \vcre careless, run her in clan_21-
of losing some part or all of the rights that she held in the first place. At the
time when Ecuador was born, Peru, rightly or v, rongly, was sitting in some of
the lands she considered to be hers. Either Ecuador could drive her out or
she could keep up a regular system of protests until such time as there was a
strong enough international authority to do it for her. She tried both.
Peru, not unnaturally, was delighted to see Grand Colombia break up, and
she was quick to acknowledge the three separate parts that came out of her.
So that when Don Diego Novoa, the first Ecuadorean Ambassador in Lima,
came in September 1331 to present his credentials, he found the faces of
the members of the Peruvian Cabinet wreathed in smiles, and the President
expressed "the intense satisfaction he felt in recognizing the envoy who first
made heard in the Republic of Peru the voice of Ecuador. . . ." But as there
were still doubts as to \yhether or not Grand Colombia-might still be revived
it was not till June 1332. that Peru entered into .a "Treaty of Amity and
" Alliance" with Ecuador. In this treaty it was remarked that "while negotiat-
,?ing -a-Convention for the adjustment .of_boundaries .between the two states,
the present boundaries should-be recognized."
Nothing signal happened till 184a-when Ecuador, suspicious of the long
quiet, set up a demand that the boundaries should be fixed. The Peruvians,
in a curt note, asked "what was meant?" adding that both nations were
enjoying peace and that it would be folly to ruffle it. Ecuador replied saying
that it was high time the Treaty of Guayaquil were accomplished. Peru at
once denied the treaty to be in force: so far as she was concerned that of
1832 only was valid.
But Ecuador at that time was in the hands of the masterful General Flores,
who at once ordered the matter to be taken up. A set of conferences were
arranged to take place between Doctor Nlatias Leon and the General's
Foreign Minister, Don Jose Felix Valdivieso. Flores took a strong personal
interest in the proceedings and kept walking into the conference room to see
how things were getting on. On one occasion he brought De Marten's book
on International Justice and pointed out to Leon the passage which attested
the validity of treaties like that of Guayaquil, and on another he called in the
Colombian Minister who also had an affair to settle with Peru over her non-
payment of the costs of calling in Bolivar's Army in 18z1. Finally Flores
declared that if Leon did not give satisfaction before a certain date, Ecuador
would occupy the territories that belonged to her. At this point Leon put an
end to an unpleasant visit and asked for his papers.
But Flores was having too much trouble with Colombia to carry out his
threat, so the following year he sent General Daste to Lima to try and pick
up the stitch which somehow or other had been dropped. But the Peruvians
would not say anything until the honour of Doctor Leon had been salved,
and since the General could not find it in himself to do this the discussion
came to an end almost as soon as it began. Then followed eleven years of
silence.
F:_run: CS CF. PERU A
In IS a new ciene7ation of tir,lomat -
of that year the Peruvians set up d politic :1
(Maynas) and they quoted the Royal Ced :
Possedetis of IS to in support of what they ?
an unpleasant surprise E liaclorians
between their Foreign Office and that of C ?
of the Cedula before.
Ecuador was impressed, but answered by
which dealt with the Freedom of Navigatiol
which she took care to specify. To this Per,
and nothing more was said or done by eitii
struck on the plan of clearing her .foreign
quarter sections in the Canton of Canelos
Bobonaza River, reckoned from the point 0:
Pastaza towards the West at four reales" (tha
section" to some British bondholders who hi:
their tenure would have been. The move wii
the retraction of the deal (though by some
she cited the Treaty of 1829 the validity of
many years in denying), the United States a:
drew their countenance from the transacti,
declared war and sent her navy once more t,,
Ecuador meanwhile had been thrown into -
the Peruvian squadron sailed into the Guava-
busy among themselves to take any notice. .'
rassment the Peruvian commander caught
Ecuadorean leaders and signed with him th
whereby Ecuador should be allowed tw
sovereignty over Quijos and Canelos. But
wrong man, and on his defeat, the Central f
be void, and so that there should be no
extremely comprehensive Territorial Law
maintained.
Then followed twenty-six years of compar.
There were many notes exchanged during
Peru's plans for the colonization of the One:
there is a change. There is no longer talk of
suggestion that Peru will occupy all that is
leave what remains to Ecuador. On the one ha
in the Oriente, sending expedition after exp<
the other, she seems more inclined to recogniz,
which she could not be if Peru claimed all
directed to Quito she talked largely of Ecua
and when she came to draw up a fluvial treaty
name as being numbered among the intereste
From 1879, for six years, Peru was destrove
in which her character of a sovereign state w:
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_
THE CONFLICT BETWEEN THE
,mbia had the right to claim Tuinbes, Jaen, and
same right to go on claiming them. What she
nforcing whatever right she may have had, and
s might, if she were careless, run her in danger
te rights that she held in the first place. At the
Peru, rightly or wrongly, was sitting in some of
! hers. Either Ecuador could drive her out or
stem of protests until such time as there was a
ithority to do it for her. She tried both.
lelighted to see Grand Colombia break up, and
the three separate parts that came out of her.
oa, the first Ecuadorean Ambassador in Lima,
)resent his credentials, he found the faces of
Cabinet wreathed in smiles, and the President
tion he felt in recognizing the envoy who first
Peru the voice of Ecuador. . . ." But as there
or not Grand Colombia might still be revived
Peru entered into a "Treaty of Amity and
is treaty it was remarked that "while negociat-
stment of boundaries between the two states,
be recognized."
1 1840, when Ecuador,-suspicious of the long
e boundaries should be fixed. The Peruvians,
was meant?" adding that both nations were
Id be folly to ruffle it. Ecuador replied saying
aty of Guayaquil were accomplished. Peru at
in force: so far as she was concerned that of
s in the hands of the masterful General Flores,
er to be taken up. A set of conferences were
.en Doctor Matias Leon and the General's
elix Valdivieso. Flores took a strong personal
I kept walking into the conference room to see
In one occasion he brought De Marten's book
.ointed out to Leon the passage which attested
of Guayaquil, and on another he called in the
!lad an affair to settle with Peru over her non-
g in Bolivar's Army in 1821. Finally Flores
:ive satisfaction before a certain date, Ecuador
at belonged to her. At this point Leon put an
isked for his papers.
nuch trouble with Colombia to carry out his
sent General Daste to Lima to try and pick
ir other had been dropped. But the Peruvians
:he honour of Doctor Leon had been salved,
Dt find it in himself to do this the discussion
as it began. Then followed eleven years of
REPUBLICS OF PERU AND ECUADOR 267
1853 a new generation of diplomats took the maiter up. On March to
fof that year the Peruvians set up a political and military government in Loreto,
(Mynas) and they quoted the Royal Cedula of 1802 together with the Uti
Possedetis of 18to in support of what they were doing. This Must have been
an unpleasant surprise for the Ecuadorians ivho, as there was no continuity
between their Foreign Office and that of Grand Colombia, had never heard
of the Cedula before.
Ecuador was impressed, but answered by bringing up a bill in her Congress
-which dealt with the Freedom of Navigation in the Amazon Rivers, each of
which she took care to specify. To this Peru made her protest in due form,
and nothing more was said or done,by_either side till 1857, when Ecuador
struck on the plan of clearing her f&eign debts-by making-over " One million .
quarter sectionSiniice-Canton.of Canelos,in the Oriente on the-Banks.of the-7
Bobonaza River .reckoned.fro_rrohe,point of confluence of that river with the
Pastaza towar s the 7est at four reales" (that is, ten cents gold) "per quarter
-s-Efi"-f3-sTrme`pitish bondholders who knew nothing of how controversial
their tenure would have een. he move was not a success. Peru demanded
the retraction of the deal (though by some oversight of her Foreign Office
she cited the Treaty of 1829 the validity of which she had already spent so
many years in denying), the United States and Great Britain hurriedly with-
drew their. countenance from the transaction, and-the following_year Peru 7)
declared war and sent her navy once more to fake Gt-ii-Tqyuil -J
;Ecuador meanwhile ha-cl been thrown into several revolutions, so thwfiert
the PeruVian-sqliadron sailed into the Guayas river the Ecuadoreans were too,
-busy among themselves to take any notice. After= eighteen months of embar-
rassment the Peruvian commander caught the attention of one of the
Ecuadorean leaders and signed with him the Treaty of Mapacingue (186o)
whereby Ecuador should be allowed two years in which to establish
sovereignty over Quijo's and Canelos. But the Peruvians had picked on the
wrong man, and on hjs defeat, the Central Government declared his acts to
be void, and so that there should be no misunderstanding, published an
extremely comprehensive Territorial Law in which the full claim was
maintained.
Then followed twentv-six years of_ comparative quitt,and great politeness.
There were many notes exchanged du?ring this time, usually concerned with
Peru's plans for the colonization of the Oriente. But on Peru's side at least
there is a change. There is no longer talk of strict right. Instead there is a
suggestion that Peru vill occupy all that is useful to her and that she will
leave what remains to Ecuador. On the one hand she shows more real interest
in the Oriente, sending expedition after expedition into the forests, and on
the other, she seems more inclined to recognize Ecuador as an Amazon Power,
which she could not be if Peru claimed all the Amazon lands. In a note
directed to Quito she talked largely of Ecuador's "rich Amazon Heritage,"
and when she came to draw up a fluvial treaty with Brazil she gave Ecuador's
name as being numbered among the interested countries.
From 1879, for six years, Peru was destroyed by war: war, first with Chile,
in which her character of a sovereign state was all hut blotted out, then war
.; .
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268 A thTUDY OF THE CONFLICT BETWEEN THE
with herself in which her organization was reduced almost to nothing. Though
Chile suggested, again and again, that Ecuador should invade Peru from the
north and take from her all that she Could lay claim to, Ecuador had the good
sense to refuse.
But in 1886, when the wars were over and Peru was at last in the hands of
the stable and sensible President Pierola, Ecuador felt it was time to stir, and
she prepared to revive her plan of paying off the bondholders with lands on
the Bobonaza river. This, being a very old idea, was followed by a very new
one. On x August 1887 was signed thejlpinoza Bonifaz Arbitration Con-
vention whereby-the-whole matter was to be put to the King of Spain, who
..........-----,..-
was to judge of it as of strict right, the Convenience of neither side to be con-
sidered in the least degree. Nevertheless, if they were of a mind to reach a
settlement before the award, they were free to do so. Alfonso XIII being
only fifteen months old the thankless and unprofitable job was accepted for
him by his mother, and the two parties set to writing their briefs. That of
Peru ran to twelve volumes.
Both parties seemed alarmed at the prospect of the award. Ecuador was
shy from the start, partly because she was afraid that it ran contrary- to the
terms of the Treaty of 1829 which said nothing of settlement by arbitration,
partly because she knew that most of her evidence lay in the archives of
Colombia from whence it was not always easy to extract it. But she resigned
herself to her fate; and her brief, after it had been lost in the train journey
between Paris and Madrid, was found again and duly handed in. Peru on
her side seemed no less apprehensive. Above all she feared the loss of Jaen,
which, though small, was at least inhabited by real Peruvians (as opposed to
the potential Peruvians who lived in the Oriente), and seemed immeasurably
vm-ore precious than many thousands of square miles of black forests.
Both cases were presented in their most exaggerated forms. The good
men of both sides were shocked to see the huge difference between the claims,
differences which looked bald on the map. The Peruvian Chancellor, Elmore,
had heart searchings, and wrote saying that "the youthful secretary entrusted
provisionally with our Legation in Spain has in a fit of patriotic fervour
exceeded his instructions and has put in an exaggerated claim . . ." The
Ecuadoreans on their side held to the letter of the Cedula of 1740, and drew
their line at lat. 6' 30'.
But there seemed real danger that, whatever the award, both sides would
be the loser and that a war would follow. So the parties agreed to do their
best to avert this, and Doctor Artyro Garcia and Don Pablo Herrera met in
Quito at the end of i88' to see if they could settle the limits among?the-n-1--
selves. They nearly succeeded. The arrangement they lighted on was that
Peru should hold TumbesLeJL, and the parts of Maynas where she held
establishments. Thus Ecuador Was left with the zones of the Maynas General
Command which lay close to her, Macas and Quijos, and also the northern
strip next the Colombian frontier which usually goes by the name of the
Sucumbios Missions and which encloses Canelos. in this way Ecuador had
one of the navigable Amazon tributaries, the Putumayo, nearly to its full
length, and a usable part of another, the Napo. Both Congresses ratified the
compromise, the Peruvian conditionally upon an alteration being made in
.PEIL: A.
the area of the Morona river. But this th :
countenance, and both withdrew their rat:
back to this time, Peru shudders to think 1.
part of her birthright.
Four years passed. In 1894 it was sugg,
the arbitration and that all three should s,
This Ecuador refused, feeling that the othc
temptations to settle theirs by dividing the
Ten more years passed. The new century
battles at Angotera and Torres Causano, f()
between pickets. But by October 1904 ex,
both parties to subscribe to a return to aft
asked to appoint a commissioner who sh,
business of the award once more on its
entrusted to Don Ramon Menendez Pidal. v
of 1905, cleared the Oriente of troops, and i
it to be understood that the award would I-,
The procedure was that the evidence sh
State, this council should give its findings
give the award. But by this time the whol,
fierce: Peru, in her final memorial, made it
and Maynas were taken from her she would
back; Ecuador felt the same, but preferr
decision before saying it.
? The council sat for three years. Towards
that though the councillors were by no mea:
at a line which, though at first sight it look
in effect cut off Ecuador from the navigabl,
more than she could bear, and in 1919 she
did not sound gratefully in Lima, and war v
States, Argentine, and Brazilian Ministers,
"Unamerican" to fight about a cause wh
Meanwhile the Chilean Minister in Quito p:
Minister that, if Ecuador could not let the
least stand by it until the arbitrator hims
happened in November of 1910.
The breakdown of the Spanish arbitrat
absurd point common to most of the inter
which they could only keep on terms by agr,
that interested them most. So they could
silence with their modest establishments
suffered from the embarrassing circumstan
to hers by way of the Amazon port of Iquito
In 1916 a curious thing happened. E,
Sucumbios Missions to Colombia. Why slh
the Missions formed part of the full Peru \
the object of involving Colombia in her ca
,
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-IE CONFLICT BETWEEN THE
ation was reduced almost to nothing. Though
1, that Ecuador should invade Peru from the
she Could lay claim to, Ecuador had the-good
ere over and Peru was at last in the hands of
Pierola, Ecuador felt it was time to stir, and
of paying off the bondholders with lands on
a very old idea, was followed by a very new
ned the Espinoza Bonifaz Arbitration Con-
ter was to be put to the King of Spain, who
it, the convenience of neither side to be con-
ertheless, if they were of .a mind to reach a
ey were free to do so. Alfonso XIII being
ikless and unprofitable job was accepted for
parties set to writing their briefs. That of
at the prospect of the award. Ecuador was
se she was afraid that it ran contrary to the
ch said nothing of settlement by arbitration,
nost of her evidence lay in the archives of
it always easy to extract it. But she resigned
f, after it had been lost in the train journey
found again and duly handed in. Peru on
nsive. Above all she feared the loss of Jaen,
t inhabited by real Peruvians (as opposed to
I in the Oriente), and seemed immeasurably
nds of square miles of black forests.
their most exaggerated forms. The good
o see the huge difference between the claims,
the map. The Peruvian Chancellor, Elmore,
:aving that "the youthful secretary entrusted
in ?Spain has in a fit of patriotic fervour
as put in an exaggerated claim . . ." The
a the letter of the Cedula of 1740, and drew
that, whatever the award, both sides would
Id follow. So the parties agreed to do their
-turo Garcia and Don Pablo Herrera met in
if they could settle the limits among them-
The arrangement they lighted on was that
I, and the parts of Maynas where she held
as left with the zones of the .Maynas General
r, Macas and Quijos, and also the northern
er which usually goes by the name of the
encloses Canelos. In this way Ecuador had
7ibutaries, the Putumayo, nearly to its full
her, the Napo. Both Congresses ratified the
itionally upon an alteration being made in
REPUBLICS OF PERU AND ECUADOR
269
the area of the Morona river. But this the Ecuadorean Congress would not
V,.countenance, and both withdrew their ratifications. To-day, when she looks
back to this time, Peru shudders to think how near she was to signing away
part of her birthright.
Four years passed. In 1894 it was suggested that Colombia should enter
the arbitration and that all three should settle their differences in Madrid.
This Ecuador refused, feeling that the other two would undergo irresistible
temptations to settle theirs by dividing the Oriente between them.
Ten more years passed. The new century had started badly with two small
battles at(Angoterallid Torres Catigat57-fought in the depths of the forests
between pickets. But by october 1904 excitement had cooled enough for
both parties to subscribe to a return to arbitration. The King of Spain was
asked to appoint a commissioner who should make . a report and set the
business of the award_once-more-onits feet. This delicate mission was
entrusted to DifiCRamon Menendez Pial, who arrived in Quito in the spring
Ka -190,s, cleared 'ire-07=f troops, and in April returned to Spain, giving
\--it-to-be understood that the award would be forthcoming within six months.
The procedure was that the evidence should be put before a council of
State, this council should give its findings to.the.King,,and the,King,should _
gtve the award"."But by this time the whole question had-grown to be very
herc?e: Peru, in herfinal memorial, made it very clear that if Tumbes, Jaen,
and Maynas were taken from her she would feel herself at liberty to take them
back; Ecuador felt the same, but preferred to wait for an unfavourable
decision before saying it.
The council sat for three years. Towards the end of that time it transpired
that though the councillors were by no means unanimous, they were arriving
at a line which, though at first sight it looked very like the Garcia--Herrera,
in effect cut off Ecuador from the navigable parts of all the rivers. This was
more than she could bear, and in 1910 she withdrew from the award. This
did not sound gratefully in Lima, and war was only prevented by the United
States, Argentine, and Brazilian Ministers, who pointed out that it would be
"Unamerican" to fight about a cause which was still up for arbitration.
Meanwhile the Chilean Minister in Quito persuaded the Ecuadorean Foreign
Minister that, if Ecuador could not let the award go forward, she must at
least stand by it until the arbitrator himself withdrew, and this in effect
happened in November of 1910.
The breakdown of the Spanish arbitration brought the parties to that
absurd point common to most of the international disputes of our time in
which they could only keep on terms by agreeing not to discuss the one point
that interested them most. So they could do nothing but go forward in
silence with their modest establishments in the Oriente, though Ecuador
suffered from the embarrassing circumstance that she could only send food
to hers by way of the Amazon pone lquitowhich was firmly field by Peru.
In 1916 a cunous thing happened.-Ecuador made over part of the
Sucumbios Missions to Colombia. Why she did this it is hard to see. Since
the Missions formed part of the full Peruvian claim it may have been with
the object of involving Colombia in her cause; but if that was so, she was
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270 A STUDY OF THE t:ONFLICT BETWEEN THE
sadly disappointed, for in 1022 Colombia made over those very lan,ls to pcm.
Ecuador, who now saw herself shut in on two sides by Peruvian soil, not
unreasonably felt herself to be the victim of a conspiracy, and broke of
relations with Colombia.
But she consented to enter into vet one more arbitration with Peru, and
this was embodied in the Ponce Castro 'I'reaty of 1924. There are two Sit
of arbitration: either it can be of strict right in which legal titles are the only
evidence, or it can be of equity, in which every possible consideration can
count towards the decision. The Spanish arbitration had been of the first
sort. Had the award been given, it would have begun with a declaration of
what were the rights and would then have gone on to interpret them. Thus
Articles 13 and 14 of the recommendations which the Council was on the
point of handing to the King read as follows: "Considering: from the
principles laid down and the facts proved it follows that the Provinces of
Jaen and Maynas (to-day the Departments of Amazonas and Loreto) belong
to Peru, under whose sovereignty they were when in 1832 Ecuador was
finally constituted as a state. . . . From this it follows that the question is
reduced to the determination of the extension and limits of Jaen and the
ancient Province of Maynas in so far as these lie adjacent to Ecuador."
Without favouring Ecuador it can be said that this was neither fair nor
sensible. Not that the result was necessarily wrong, but only the way in
which it was reached. The terms of the arbitration had put the Council in a
false position. It was not possible to draw valid titles from the scrimmage
that happened in South America between the years 1809 and 1832. True it
was possible to reach a result, but not one in which men could have con-
fidence; and confidence is essential to arbitration. The acknowledged uncer-
tainty of later cedulas and the confusion of the Independence forced the
Council to take hold of the one solid fact of Peru's prior birth, and on this
they pinned everything. Ecuador's fault was not that she broke away from
the arbitration (that was a virtue) but that she indulged in it for so long.
The difficulties that had to be met by the new treaty were these: on the
one hand the case in its nature did not lend itself to settlement by strict
right, and on the other the arbitration of right had gone so far that Peru
could hardly be expected to forgo everything that she was on the point of
gaining by it. The result was one of those international documents in which
both parties are treated to the illusion that they have done well. The Ponce
Castro Treaty promulgated the "mixed formula" whereby the parties were
to agree as far as they could among themselves, then, when they got to a dead
end they were to agree as to what they were going to submit to the arbitrator,
who in this case was the President of the United States. It will be seen at
at once that arrangements of this sort presuppose a miraculous concord
between both sides. For the arbitration cannot take place until both sides
are agreed as to what it is to be about. In view of the upsetting experience
of the Spanish Arbitration, neither is likely to agree to this until it has got
the bulk of what it wants. Thus the arbitration is only likely to be concerned
with some comparatively indifferent matter like the actual marking out of the
frontiers: the allotting of the territories can only be done in the discussions.
These began in 1934 in Lima, they were interrupted by a small war in
REPUBLICS OF PERI: ?
Tumbes and th;:n transferred to Washingt.
velt, putting off an election tour to supply
attended the opening session. More to sho
reach any specified result, the delegates o
the mixed formula: Peru gave up all clai?
Jaen and Maynas, and Ecuador to all eas?
will go. In 1938 the Washington Conferen
relations which the two countries have kept
of the dispute up to to-day.
Nothing is more easy than to be brusqu
Here are two parties who have had a clear
up; and now, with the world all round ther
anxious for her unity, they still cannot set t
The reason surely is that the Spanish An-
in compromise which is part and parcel of ti
by a curious indifference of spirit, is quite h.
his honour and faith so compromised that
The Spaniard would never do this. He has
indifference.
Peru has an excellent case and one which
has Ecuador. Respect for the wishes of ti
them from fighting on the issue; and since
sacrifice to the United States of their insti?
result must have been shifted from them to .
Faced with questions of principle the Ur
is anxious that the oppressed man should r,
vigorous man should not be unduly thwartc.
in time, to judge between the two she will
done cannot be undone, but that for the fu
pulleys. Perhaps this is what she would lik
if so, the litigants are not pleased and will n(
Given that the Royal Audiencias were ind
(and when we remember that the exceptions
guay, came about because the Spanish 01
undeveloped at the time of Independence, i
the democratic thesis must maintain that t.
has been oppressed, and that not only ja:
(Colombia) must be restored to her.
But if the democratic thesis is not to be 11,
of more effective organization are to be allc
Peru who is able and willing to develop the
should belong.
Tumbes is now in the hands of a techni
decide if and by how much the river Zarum
in view of the fact that it still grows tobacco
sell it in Lima, will turn towards Peru. We
If we admit that the historical question ot
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HE CONFLICT BETWEEN THE
.2olombia made over those very lands to Peru.
shut in on two sides by Peruvian soil, not
? the victim of a conspiracy, and broke off
oto yet one more arbitration with Peru, and
? Castro Treaty of 1924. There are two sorts
strict right in which legal titles are the only
in which every possible consideration can
; e Spanish arbitration had been of the first
1, it would have begun with a declaration of
then have gone on to interpret them. Thus
nmendations which the Council was on the
read as follows: "Considering: from the
acts proved it follows that the Provinces of
epartments of Amazonas and Loreto) belong.
nty they were when in 1832 Ecuador was
. From this it follows that the question -is
f the extension and limits of Jaen and the
o far as these lie adjacent to Ecuador."
t can be said that this was neither fair nor
as necessarily wrong, but only the way in
s of the arbitration had put the Council in a
de to draw valid titles from the scrimmage
: between the years 1809 and 1832. True it
)ut not one in which men could have con-
ial to arbitration. The acknowledged uncer-
confusion of the Independence forced the
solid fact of Peru's prior birth, and on this
.r's fault was._not that she broke away from
) but that she indulged in it for so long.
met by the new treaty were these: on the
did not lend itself to settlement by strict
?tration of right had gone so far that Peru
=o everything that she was on the point of
of those international documents in which
usion that they have done v el I . The Ponce
'mixed formula" whereby the parties were
themselves, then, when they got to a dead
they were going to submit to the arbitrator,
.nt of the United States. It will be seen at
is sort presuppose a miraculous concord
,itration cannot take place until both sides
about. In view of the upsetting experience
:er is likely to agree to this until it has got
he arbitration is only likely to be concerned
,..nt matter like the actual marking out of the
itories can only be done in the discussions.
they were interrupted by a small war in
REPUBLICS OF PERU AND ECUADOR
271
Tumbes and then transferred to Washington in 1936 when President Roose-
velt, putting off an election tour to supply the confidence that was missing,
attended the opening session. More to show that they were trying than to
reach any specified result, the delegates consented once more to toy with
the mixed formula: Peru gave up all claim to any of the lands west of
Jaen and Maynas, and Ecuador to all east of these. Beyond that neither
will go. In 1938 the Washington Conferences came to an end, and the bad
relations which the two countries have kept up ever since bring the account
of the dispute up to to-day.
Nothing is more easy than to be brusque with other peoples difficulties.
Here are two parties who have had a clear hundred years in which to settle
up; and now, with the world all round them in a turmoil and with America
anxious for her unity, they still cannot set their hands to an agreement.
The reason surely is that the Spanish American does not take that delight
in compromise which is part and parcel of the North American. The Saxon,
by a curious indifference of spirit,.is quite happy to live through his life with
his honour and faith so compromised that their very existence is in doubt.
The Spaniard would never do this. He has not got the faculty or defect of
indifference.
Peru has an excellent case and one which it might be sin to drop, and so
has Ecuador. Respect for the wishes of the United States has prevented
them from fighting on the issue; and since they have to this extent made a
sacrifice to the United States of their instincts, some responsibility for the
result must have been shifted from them to her.
Faced with questions of principle the United States is of two minds: she
is anxious that the oppressed man should retain his rights and also that the
vigorous man should not be unduly- thwarted. Called upon, at any moment
in time, to judge between the two she '.ill usually say that what has been
done cannot be undone, but that for the future she will apply shackles and
pulleys. Perhaps this is what she would like to do in the present case; but
if so, the litigants are not pleased and will not (as yet) comply.
Given that the Royal Audiencias were indeed the origins of the new States
(and when we remember that the exceptions to this rule, Uruguay and Para-
guay, came about because the Spanish Organization in the east was still
undeveloped at the time of Independence, it is very hard to deny this) then
the democratic thesis must maintain that they are inviolable, that Ecuador
has been oppressed, and that not only Jaen and Alaynas, but also Pasto
(Colombia) must be restored to her.
But if the democratic thesis is not to be held to the letter and if the claims
of more effective organization are to be allowed to creep in on it, then it is
Peru who is able and willing to develop the Oriente, and it is to her that it
should belong.
Tumbes is now in the hands of a technical commission that is trying to
decide if and by how much the river Zarumilla has changed its course. Jaen,
in view of the fact that it still grows tobacco and still finds it most natural to
sell it in Lima, will turn towards Peru. We are left with the Oriente.
If we admit that the historical question of the Oriente is so tied up that it
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272 'STUDY OF THE CON7L1-:T FETW.TEN PERU AND ECUADOR
is neither possible nor useful to try and untie it and that the political question
is too momentous to bear discussion, there always remains the geographical.
And it is.quite likely that the geography will be decisive.
There are two obvious considerations: the eternal difficulty of reaching
the Oriente from Ecuador, and, given the fact of Ecuador's sovereign exist-
ence, the unfairness of cutting her off for ever from the Amazon basin. But
there is a third geographical consideration and one which is not seen on the
map: the climate of Ecuador at once gives her everything she needs and
?discourages her from outside undertakings. It is unlikely that she would ever
want to turn very seriously to the Oriente.
Then there is the question of existing communications. Now that airplanes
are being used both sides can claim that many points are connected with the
capital. This is true in so far as posts and medicine are concerned, but no
country can be developed by air alone. It takes a fortnight to a month for
heavy traffic to reach the Maynas General Command, either by mule and
boats, or by ship half round South America and up the Amazon. But Peru
has reduced this by building a road from Lima to the headwaters of the
Ucayali at a point which can be reached by ships of 3000 tons register, and
in this way Iquitos, the one town in the whole Command, can be reached in
five days from Lima. Further to this another road is being built to Yuri-
maguas on the Huallaga, and these two should put Peru in a position to restore
the Command to the state of civilization that it was in under the Jesuit
Fathers in the seventeenth century.
When it comes to the drawing of the line itself, Ecuador prefers that it
should follow the course of the rivers, if not the Maranon, then the Pastaza
and the Putuniafo; l5fit Peru,"that is ifiterit oh-keeping Ecuador out of the ..
whole-systern, calls for a line which runs through the headwaters of all the -
rivers at the point where they cease to be navigable. In general; a watershed --
makes a-better boundary-than a river,-but in land like the Oriente, which-is .
flat and thick with trees, there are probably no watersheds, and if there were
they would be impossible to mark. Since water is only too common and no
one is likely to want to make dams or do irrigation, and since a boundary you
can see is always better than one which you cannot, perhaps Ecuador's
suggestion is the best. The point is one for a technical commission, and
until it has been decided the American Continent must wait for her share of
the rubber and the timber and the oil that lies buried in those provinces.
RECONSTRUCTION AND DEVE!
POLAND, IQ:
SIR JOHN RUSSELL, F.R.S., Director, R,
Meeting of the Society, 3
THE years of my title have been chosen
visits to Poland. I write of the country
use the present tense where the past would
priate. The statistics throughout the piper
year book of Poland, 1937! Except where
are for 1931 and crop data for averages of r(,,
It has been Poland's tragedy to have no na-
or to the west hut only to the north and the -
long and eventful history there have been ex
wards and westwards like the movements of a
became definite after 1923, and had Poland
have become quite effective. The eastern a.
. strip of Europe, lying between longitudes 22'
London to Holyhead, into which the .surgir-
east and from west have compacted more
in the world; seventeen principal races and .
along a stretch no longer than the return
Shetlands.
Of the several nationalities in these easte:
important are the Ruthenians, the Jews, the
The Ruthenians inhabit a belt of country run:
Polish border and they are divided between i
and Romania. There are several groups NS+
common: the White Ruthenians of the 11.
Ruthenians of Wolyn and Galicia; the Huc:
main the White Ruthenians are Greek Ortho,
Catholics; their upper classes always freely inte
peasants remained more distinct. The Red R
In recent years a political division has appc
Ukrainians, who are aiming at an independen
of independence for the Ukraine was severel
Poles admit the right of free national develop
schools and co-operative societies. Political
between 1920 and 1935, when there.were polit
nothing of them in the northern regions. It is
any frontier on purely ethnographical lines;
did not classify themselves on national line
population is of similar structure throughout -
preponderate ; in the country. Poles?and one
very few Jews. In Tsarist times this had been t
landowners were mainly Poles and the Rutheni.
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