YALE UNIVERSITY LIBRARY ACQUIRED BY EXCHANGE APPENDIX TO CHILEAN STATEMENT APPENDIX to the STATEMENT presented on behalf of CHILE in reply to the ARGENTINE REPORT submitted to the TRIBUNAL constituted by H.B. MAJESTY'S GOVERNMENT acting as ARBITRATOR in pursuance of the Agreement dated April 17, 1896 VOLUME II London 1902 Butler & Tanner, The Selwood Printing Works Frome, and London. No. 61. Report of the Chilean Commissioner on the REVISION OF THE SAN FRANCISCO LANDMARK. [Translated from Bertrand's " Estudio Tecnico," Docs. pp. 128-132.] (Quoted on page 522 of the Statement.) The Chilean Assistant Commissioner to the Chilean Expert. Santiago, May 10, 1894. Mr. Expert, — In compliance with the instructions of January 1st of the present year, issued to the Sub-Commissions of the north, I have the honour of informing your Excellency of the work of revision carried out in the region of the boundary and outside of it, and of the results obtained from the said revision. In accordance with the spirit of the Instructions, it was the Argentine Sub-Commission which formulated the scheme of the works which were carried out, the Chilean Sub-Commission confining itself to concurring in the material execution of same. These works were the following : At the Vega de San Francisco, a base-line of 2515 metres was measured and the situation of two high summits towards the east, and distant from one another 5323 metres, was thereby determined. These two points constituted a fresh base and by means of these stations and of the extremities of the basis measured, all the visible summits were determined, which, in their turn, 433 B No. 61. (434 ) served to determine a fresh base, or side, to the west of the San Francisco Pass, and the latter side, in its turn, served to determine fresh summits. Continuing in a similar manner as far as the ridge of Santa Rosa or Maricunga, three more sides, and all the summits which could be sighted from their extremities, were fixed. Besides, from each station point, photographic views of the whole horizon were taken. In the Argentine camp as in the Chilean, several observa tions were made to determine the latitude and longitude of the various places, connecting them with the extremities of the base measured. In order to connect the latter with the San Francisco Gap, the survey of a polygonal line was made, which, starting from one of the extremities of the base, ended at the landmark erected on April 15, 1892, by Sefiores Bertrand and Diaz. The sides of this line were measured with a chain and the angles with the compass. In addition, some hypsometric observations were made in both camps, at the San Francisco Gap, at Las Peladas Pass, at that of Maricunga, and at other points. Such were, Mr. Expert, the works proposed by the Argen tine Engineers and carried out by both Commissions in common. The result of the first works, and even more, the mere in spection of the ground in the vicinity of the San Francisco Pass, is to be found stated n the Record of March 7 last,1 and con firms, throughout, the Record of April 15, 1892, as to the loca tion of the landmark erected at that time by the Chilean-Argen tine joint Sub-Commission : that is to say, that the said land mark has been erected on the San Francisco Gap, and that the two main basins separated by the latter are that of Laguna Verde on the side of Chile, and that of the Vegas de San Fran cisco on the side of the Argentine Republic. 1 Document No. 60.. No. 61. ( 435 ) In view of this result, in complete accordance with the existing agreements of the Experts, the Chilean Sub-Commission believed the case, foreseen in the Instructions of ist of January, had arisen, to wit : to consider the investigations at an end, and to commence the works of demarcation, following towards the south. The Argentine Assistants did not accept, however, the opinion of the Chilean Sub-Commission, and made, in the Record to which I have referred, the decisive declaration that, in spite of the results obtained by the revision, they believed that the landmark erected by the joint Commission of the year 1892 was not planted in conformity with the Boundary Treaties. Although they were invited to do so, the Assistants did not give us their grounds for such a declaration, which involves a direct charge against the joint Commission of the year 1892, of which one of the Argentine Assistants who now subscribes to this declaration, formed part. They moreover requested our concurrence in carrying out the surveys as far as the Santa Rosa or Maricunga ridge, situ ated some 25 leagues, more or less, west of San Francisco Pass, and therefore outside the region of the boundary. The undersigned observed that such surveys, not being pertinent to our mission, delayed to no purpose the demarcation of the boundary which, according to Article VII. of the Protocol of May, 1893, must be the principal object of the Ex pert's Commission. Moreover, as there existed good maps of the locality, the sketch or rough survey we were making would be of very little scientific value. I yielded, however, to the insistence of the Argentine Engineers, in the interest of the good understanding which always existed between ,both Com missions. In order to prove that the landmark, to which the Record of 15th of April, 1892, refers, was erected in conformity with the agreements of the Experts and with the stipulations of the Boundary Treaty, I shall quote, first of all, a part of the No. 61. (436) Record of April 29, 1890, signed by both Experts, which textually says the following : — " It was agreed that a joint Qu°£d' Commission of Assistants should be entrusted next dry season with the demarcation of the boundary from the Portezuelo or Pass of San Francisco, which is situated between the 26th and 27th parallels of south latitude, and proceed from this point southwards." And the same Record also adds : " That, in fixing on the <>otf p. 4-4- San Francisco Pass the initial point for the boundary work, they do not mean to imply that this place is the northern ex tremity of the frontier which separates Chile from the Argentine Republic, but that it is a point of the said frontier." These agreements, or declarations of the Experts, served as a basis for the instructions which, under date of the 24th of February, 1892, were issued to the Sub-Commissions of the north. It may now be noted that, in the Record of April 15, 1892, as in the Record of March 7 of the present year, it appears that the landmark erected at that time is to be found planted at the spot called Pass or Gap of San Francisco, and that its latitude, 26° 52' 45", falls, besides, within the boundaries of latitude given in the Record of the Experts. There is no doubt whatsoever, therefore, that the joint Commission of 1892, when fixing on the ground the starting- point of the demarcation of the boundary, acted in conformity with instructions given by joint accord and in writing by the Experts. The agreement of the Experts to commence the work of the demarcation on the San Francisco Pass, and the precise declara tion that the latter is, according to Article I. of the Treaty of 1 88 1, a point of the frontier between Chile and the Argentine Republic, are based upon the preliminary survey made by them of that part of the Cordillera, upon existing maps and geogra phical descriptions ; and it has not been abrogated by any No. 61. ( 437 ) subsequent agreement or treaty, but on the contrary, confirmed by the works of the joint Sub-Commissions of the years 1892 and 1 894. As a matter of fact, in the Record of the joint Commission of the year 1892, it is stated that, in order to determine the starting-point of the demarcation where, according to the same record, the first landmark was erected, Article I. of the Boundary Treaty of July 23, 1881, and the topographical definitions of a Pass or Gap in a mountain chain, have been borne in mind. In the Record of March 7 last, it is stated that the landmark, the location of which we were ordered to verify, is planted at the spot which topographically should be called Pass or Gap of San Francisco. According to the rules of topography, a pass or gap is a depression of the water-parting line, where two opposite valleys have their origin. The two valleys, which, according to the Record in question, are separated by the Gap of San Francisco, are that of Laguna Verde on the side of Chile, and that of Vegas de San Francisco on the side of the Argentine Republic. Now, the basin of Laguna Verde is tributary to the basin of Maricunga, and the latter, in its turn, has its geographical drainage in the basin of the Chilean River Copiapd, owing to the fact that the passes which separate them are much lower than the Pass of San Francisco, as may be seen on the map annexed hereto, the indications of which are based upon data obtained in common by both Commissions. For a similar reason, the basin of Vegas de San Francisco is tributary to the hydro graphical basin of the Argentine River Cazadero. Consequently, the San Francisco Gap, where the landmark, — the object of the revision agreed to in Article VIII. of the Protocol of May 1893, — is erected, separates the sources (ver- tientes) which flow down to either side, and is, therefore, a No. 61. (438) point of the frontier between Chile and the Argentine Republic, in conformity with Article I. of the Treaty of 1881 and with the Protocol of 1893, as wen as with the declaration of the Ex perts dated April 29, 1890. I have, etc., Antbal Contreras, P. No. 62. THE ARGENTINE COMMISSIONERS' REPORT ON THE SAN FRANCISCO LANDMARK IN 1894. Enclosure A. [Extracts translated from a certified copy of the Argentine Expert's Note dated August 14, 1894.J (Quoted on pages 522 and 523 of the Statement.) The Argentine Expert to the Chilean Expert. Buenos Aires, August 14, 1894. Mr. Expert, — The surveying Commission in the north has presented to me its report upon the works carried out by it in that region conjointly with the Chilean Commission, during the last season ¦ and, although the space of time which it had at its disposal to carry them out has been very short, I believe I am entitled to inform you that the opportunity has arisen for us to order Quoted our assistants to remove the provisional landmark of San p' Francisco to the place where it ought to be erected, according to the Treaty of Limits, in order to comply with Article VIII. of the Protocol of May 1, 1893, and to enable the Argentine Re public to retain her dominion and sovereignty over all the terri tory which extends to the east of the principal chain of the Cordillera, and Chile to retain hers to west of the same, in accordance with what is prescribed in Article II. of the Protocol, interpretative and explanatory of the said inter national Agreement. However, if you should consider that more extensive and 4,39 No. 62. (440 ) more detailed surveys are necessary for the better solution of this point, you can rely henceforward upon the fact that there will be no objections whatsoever, so that we may give instruc tions for them, without prejudice to the demarcation continu ing elsewhere, as has been agreed. ***** From the report of the Argentine Sub-Commission [En- Quoted closure B], maps and photographs annexed, it results that the provisional landmark does not stand on the principal chain, and that the place where it has been erected does not even correspond to the divortia aquarum, which, besides, cannot be sought for outside of the principal chain of the Andes. Hoping that you, Mr. Expert, animated like myself, by the desire that the demarcation should not be delayed, will adopt either of the two courses proposed, or that you will transmit to me whatever your acknowledged wisdom may suggest to you regarding the provisional landmark, I have pleasure in advis ing you that all the Commissions under my orders will be ready to start to continue the work on the 15 th of October next, as was agreed with you in Santiago last March, including the two recently created, which must work to the north of Tinguiririca and from Point Dungeness. I beg to remain, etc., N. Quirno Costa. Juan I. Ochagavia, Secretary, Enclosure B. [Translation of Extracts from the Argentine Commission's Report printed in Bertrand's " Estudio Tecnico," pp. 106-110, footnote.] (Quoted on page 52 of the Statement.) FROM the Cerro de Famatina in about 28° 47' S. latitude, and always following the meridian 68° west of Greenwich, there runs to the north a mountain of over 4000 metres high, per fectly well denned and of vast proportions, which extends No. 62. ( 441 ) as far as latitude 26° 45', where it joins the great Atacama tableland by means of Mount " Negro Muerto," and the range which stretches to the west of the latter, which seems to form the southern border of this tableland, continuing its main chain to the north by the " Peinado " and " Cueros de Purullas " and expanding from here into a large tableland. * * * * * Mount San Francisco, like those surrounding it, is of volcanic origin, and has certainly risen at an epoch long subsequent to that of the formation of the real Andean Cordillera. The San Francisco itself and its twin mountain, the Incahuasi, are great isolated volcanoes, the aspect of which hardly differs from that of the " Negro Muerto," also appar ently a volcano and situated in the Cordillera del Famatina ; but these mountains are not geologically connected. It seems that there have been partial eruptions here, which have thrown up the ground to colossal heights. ***** Mount San Francisco not only is not situated on the main chain of the Andes, but it does not even belong to any continuous range or chain whatsoever. It rises from the valley of the " Vega " which bears its name, and its slopes are merged into those of the great tableland, at the eastern border of which nature seems to have placed it, together with " Incahuasi," towering high, like two immense knots, ending in the insig nificant and interrupted range that borders the Cordillera de los Andes on this side. And, as a matter of fact, at first sight Mount San Francisco seems to belong to one of the many low hills forming a line from north to south from beyond Mount Coipa, all of a similar aspect and formation, among which are " Matambre," " Aguas Calientes," " El Tambero," " Las Losas " hills and others. If No. 62. '( 442 ) all these hills are connected with each other, such a chain would be insignificant, as I have already said, and moreover, inter rupted at the same time, because its line is cut by all the water courses which flow into the Vegas of the Cazedero and which form the River Guanchin, as well as by the headwaters of the River Los Jumes or La Troya. But, in case of such a chain existing, there would be a fur ther reason to reject by that mere fact, the landmark erected by Senores Diaz and Bertrand, because that line of mountains could never be considered as the Cordillera de los Andes. ***** Whether Mount San Francisco be isolated, or whether it forms a part of the range already described, it cannot geologi cally be connected with the Sierra de Negro Muerto ; because, in the second case, which is the most favourable, we should have a range running from north to south, in connection with the centre of another one running from east to west along a wide valley, and this cannot happen. If we were now to consider Mount San Francisco in con nection with other large hills and the high massives of the Muerto and Ojos del Salado, we could construct a range with Mounts " Veteado," " Fraile," " Incahuasi," and "San Francisco"; but when we examine the level upon which these hills rise, notic ing that they gradually decrease towards Incahuasi, that their direction does not correspond to that of the very high mountain which starts from Mt. Bonete (?) and when we observe the insignificance of the volume of " Veteado " and " Fraile " in comparison with that of the others " Bonete" (?), " Nacimientos," "Ojos del Salado," "Sierra Grande," and "Tres Cruces" which are connected with each other and which have a similar aspect and general direction, we should designate the said range as a simple spur. No. 62. ( 443 ) I am now going to deal, although but briefly, with the continental water-divide and with the small basins to be met w th on the road from San Francisco to Santa Rosa. In the extent surveyed, the watercourses flowing towards the east all rise somewhat to the west of the zone which is bordered on the east by the high tableland, and to which I believe (like Senor Bertrand) that the San Francisco belongs. These waters form the sources of the River Guanchin which start on the north in the " Vega de las Peladas," and those of the River Jagiiel. The watercourses of the west, in that same extent, are all sources ivertientes), of the River Jorquera which debouches on. the Pacific in the latitude of Copiap6, and all of them rise from the western springs of the range Azufre, Santa Rosa and Cerro Bravo. Therefore, the continental water-divide lies to the west of the zone to which Mount San Francisco belongs and to the east of the westernmost chain. Along the road five small basins are found without any outlet whatever, which the scheme of nature has placed there so as to serve as a reservoir for the waters of the melting ice, which do not disappear through filtration or evaporation. These are, from east to west : the Vega de San Francisco,. Laguna Verde, a small one at a great altitude between Sierra Grande and Barrancas Blancas, another between Tres Cruces and Bordo Negro, and the Maricunga lagoon. Of these I shall simply take the three principal ones into consideration, which are those into which the watercourses flow in all seasons and where water is always to be found, to wit : Vega de San Francisco, Laguna Verde, Laguna Maricunga. Into the first one no watercourse flows from any height. There rise, however, several watercourses, the high tempera ture of which shows that they are subterranean waters and not nitrations from springs ivertientes) proceeding from the heights ;. No. 62. ( 444 ) and only one of them, which comes from the north-east, is formed by filtration from the Negro Muerto. All these watercourses flow into a lagoon situated to the south of the Vega. The second one, Laguna Verde, only receives its waters from the melting of the ice from the Nevados del Muerto, Ojos del Salado, Sierra Grande and Barrancas Blancas. The water-divide between this basin and the preceding one is at the San Francisco Gap (where the provisional landmark was erected). The last one, Laguna Maricunga, receives a watercourse only at certain seasons, — the River Lamas, which is formed by the melting of the snows from the glaciers of Tres Cruces. This river disappears in the borax plains of the hollow before reaching the lagoon itself. Its water-divide with the Laguna Verde is on the chain passing through Sierra Grande and Barrancas Blancas. Not one of these three basins has any importance what soever, because, as I have already said, they are simply small reservoirs without any outlet. I understand that, like these reservoirs, there are others to be found in the unexplored part, which are enclosed by the two ranges into which, apparently, the real Andean Cordillera is divided. No. 63. THE CHILEAN EXPERT ON THE REVISION OF THE SAN FRANCISCO LANDMARK. [Extracts translated from a certified copy of the Chilean Expert's Note dated September 27, 1894.] (Quoted on page 523 of the Statement.) The Chilean Expert to the Argentine Expert. Santiago, September 27th, 1894. Mr. Expert, — I have had the honour to receive your communication dated at Buenos Aires on the 14th of last August, concerning the surveys and work of demarcation of boundaries at the place called San Francisco Pass ; and, with it, the Reports and Maps to which you refer. After having carefully studied those docu ments, I now fulfil the duty of replying to the communication mentioned. Before entering on this reply, I deem it necessary to review briefly the antecedents of this question, which were prior to the epoch in which you were designated by your Government to fill the post of Expert in the demarcation of the boundary between Chile and the Argentine Republic. The knowledge of these circumstances is indispensable in order to regard in its true light the matter under discussion. In April, 1890, when commencing the arrangements in both countries for the works of the demarcation of the boundary on the ground, Senor Don Octavio Pico, your distinguished No. 63. (446) predecessor in the office of Expert on the part of the Argent'ne Republic, proposed to the Chilean Expert that such work should -commence in the north, a proposition which was admitted with out difficulty, with a complementary addition requested by the undersigned Chilean Expert. Having before them some geographical descriptions and various charts or maps of that region, some of Chilean and others of Argentine origin, both Experts agreed that the first land mark of the demarcation should be fixed at the spot called San Francisco Pass, declaring in the Record signed on the 29th of April, 1890, that " it is a point of the frontier which separates Chile from the Argentine Republic." In 1892 the works of the demarcation on the ground were begun. After protracted discussions which it would be useless to recall, the Chilean Expert proposed draft instructions which, owing to their general form, seemed to remove the difficulties which had arisen during those discussions. The Chilean Ex pert proposed that the joint Sub-Commission of demarcating Engineers which was to operate in the north " should go to the zone comprised between parallels 270 and 30° and should proceed to demarcate the dividing line between the two coun tries, and draw up, at the points as to which they should be in accord, the Minute to be signed by the Experts in accordance with Article I. of the Treaty of 1881." These draft instructions proposed by the Chilean Expert were submitted by the Argen tine Expert to the Government at Buenos Aires. They signi fied their acceptance by telegraph, although proposing a modi fication which they believed to be substantial. They wished that in those instructions it should be clearly expressed that the work of demarcation in the north should begin in confor mity with the agreement signed by the Experts on the 29th of April, 1890, that is to say, that the first landmark should be fixed at the San Francisco Pass. The Chilean Expert readily accepted this modification, and consequently the instructions No. 63. ( 447 ) were approved and drawn up in the form proposed by the Government of Buenos Aires. The facts which I have just recalled appear in the Record signed by the two Experts, and also in the Report presented to the Argentine Government in 1892 by the Minister for Foreign Affairs, of which the portion relative to the boundary question with Chile appeared in two other separate official editions at Buenos Aires. These circumstances, which I have deemed it necessary to recall, show that, by a formal agreement of the two Experts, it was decided to erect at the San Francisco Pass the first landmark of the demarcation, and that such an agreement was expressly approved by the Government of Buenos Aires. The surveys made on the ground have amply confirmed the reasons which the Argentine and Chilean Experts had in April of 1890 for declaring that the San Francisco Pass is a point of the frontier which separates Chile from the Argentine Republic, and which the Government of Buenos Aires had in February, 1892, for approving this agreement and for insisting that the first landmark of the demarcation should be erected at this spot. As a matter of fact, Mr. Expert, the joint Sub-Commission formed of three Argentine Assistant Engineers and three Chilean, who then went to these places, after the proper investigations and observations, acknowledged that the spot called San Fran cisco Pass combined the conditions exacted by the Treaty of 1 88 1, for determining a point of the demarcation, drew up there the Record of April 15, 1892, in which this fact was con firmed, and, as the season was very much advanced, established there a provisional landmark made of stone, agreeing to sub stitute for it in the following summer one made of iron. The Record alluded to, the Report which was presented to me by the chief of the Chilean Sub-Commission, and the map or sketch which the latter and his assistants made of the ground No. 63. (448) on which the landmark was erected, did not leave me in doubt as to the fact that the landmark had been erected in accordance with the provisions of Article I. of the Boundary Treaty, and of the Agreement of the Experts which had merited the approval of the Government of Buenos Aires. Thus, when Sefior Don Valentin Virasoro, your prede cessor in the office of Expert, suggested to me the idea of making revision of the spot on which the landmark alluded to had been erected, I thought that it was only a case of finding out whether it was or was not situated in the Pass of San Francisco. Al though that was an operation already finished, and one which I considered in perfect conformity, in form and substance, with the requirements of Article I. of the Boundary Treaty of 1881, with the supplementary Convention of 1888, and with the Agreement of the Experts, in the interests of the good harmony with which the work must be carried out, I had no objection to accepting the proposed revision which was sanctioned by the Protocol of May 1st, 1893. I then believed that such a revision, no matter what scope was given to it, would simply give support and authority to what had already been done. The fresh surveys have confirmed me in this conviction. Those localities were newly explored in the summer of 1894 by a Chilean-Argentine joint Sub-Commission of Assistant Engineers. The Record which they drew up on the 7th of March of this year, the Report of the Chief of the Argentine Sub-Commission, the map or geographical chart accompanying it, and your esteemed communication to which I have the honour of replying, acknowledged that the landmark erected in April, 1 892, is actually situated at the Pass or Gap of San Francisco. But it is now claimed, contrary to all the declarations alluded to, that this Pass is not a point of the frontier which separates Chile from the Argentine Republic, and that the boundary line must be fixed at another point which is not defined either in your Note or in the Report accompanying it. No. 63- ( 449 ) Permit me to tell you that the map itself which you have been good enough to send me, and the reasons given to support this fresh opinion, unquestionably contradict it. As a matter of fact, Mr. Expert, the examination of the map drawn up by both Sub-Commissions plainly shows that the point where the first landmark of the demarcation was planted in 1 892, is in reality a point of the water-parting line in the main chain of the Andes, that is to say, of the continental watershed. The heights enumerated in that map leave this fact beyond all doubt. The height of the San Francisco Pass is 4615 metres above the sea. The basin east of the Pass has no actual drainage ; but its topographical [scientific] drainage is to be found towards the east at a height of 3930 metres, and is therefore tributary to the basin of the River Cazadero, Guanchin and the River Colorado de la Rioja. These facts, sufficiently well known, estab lish that the eastern sources of the San Francisco Pass belong to the hydrographical system tributary to the Atlantic Ocean. In a similar manner, the basin to the west of the San Fran cisco Pass (Laguna Verde) has no actual drainage ; but its topographical drainage is to be found towards the west at a height of 4320 metres, that is to say, 295 metres lower than the Pass of San Francisco. The western basin of Maricunga, which receives this drainage, also has no direct outlet towards the coast, but its topographical drainage is found still to the west at 3949 metres high, that is to say, 666 metres lower than the Pass of San Francisco. There starts the Paipote brook, an affluent of the River Copiapo. Although the boundary treaty of 1881 clearly decided every question similar to the present one, when establishing that, along the whole extent of our territories where the Cordillera de los Andes serves as the frontier between both countries, the boundary line should run over the highest summits which divide the waters, perhaps some doubts might have arisen owing C No. 63. (450) to the brooks, parts of rivers or incomplete rivers which do not reach the sea, — a very common occurrence in both countries, specially in the region of the north, where, almost at every step, interrupted watercourses are found, because the evapo ration or filtration does not allow them to fill the depressions which they meet in their course. Happily, all doubt has been removed by Article I. of the Protocol of May 1, 1893, which helped to clear this point. After confirming the principle that, all along the extent of the Cordillera de los Andes, which extends between the two countries, the boundary line should pass over the highest summits which divide the waters, and enjoining the Experts and Assistant Engineers to hold this principle as the invariable rule in the demarcation, this Article establishes that all the lands and all the waters to be found east of such line are Argentine, and all those to the west are Chilean, designating by name the " parts of rivers, brooks, springs ivertientes), lagoons, etc." These clear and imperative provisions applied to the present case and to the geographical facts shown in the map which you yourself have been pleased to send me, do not leave the slightest doubt that the San Francisco Gap, where in April, 1892, a landmark of the demarcation was erected, is a point of the boundary line between Chile and the Argentine Republic. And I must state to you that I rely on this map, not only because it has been made by distinguished engineers who have specially studied the ground, and presented to me by such an important person as yourself, but because the facts therein contained, which are pertinent to the present question, are in conformity with the other observations obtained by the Chilean Sub-Commission. In the face of these data it is incomprehensible to the undersigned that the chief of the Argentine Sub-Commission, in contradiction with his own map, should affirm that " the continental water-divide lies to the west of the zone to which the San Francisco belongs." But this assertion, which the No. 63. ( 451 ) facts recalled completely destroy, is all the more strange as it is not therein stated where the continental water-divide is, although, on both sides of those Cordilleras, opposite hydro- graphical regions extend, between which a dividing line must forcibly exist. For my part, I believe that nothing is easier than to find it precisely at the spot where they [the Argentine Commission] have been unwilling to identify it. This assertion has made you fall into the error contained in the following words of your esteemed communication : "It does nqt even correspond," you say, referring to the San Fran cisco Pass, " to the divortium aquarum, which, besides, cannot be sought for outside the principal chain of the Andes." I believe, Mr. Expert, to have demonstrated by these clear and precise facts, as to the accuracy of which we are in perfect agreement, that, in that part of the Cordillera, the divortium aquarum is to be found precisely at the Pass of San Francisco ; and moreover, I believe that there, as all along the bordering Cordillera, we must look for it on the highest summits which divide the waters ; and that such line, easy of discovery and of being determined at any part thereof, being prolonged with out the slightest interruption all along its extent, constitutes Quoted p. 523. the distinctive and essential feature of the principal chain of the Andes. This is what the international covenants, to which we must submit in our work of the demarcation, establish. Article I. of the Treaty of 1881 is both clear and explicit upon this point, and Article I. of the Protocol of May 1, 1893, confirming it amply, has imperatively enjoined, as I have already said, that the Experts and their assistants should hold this principle as the " invariable rule " in their proceedings. Now, if, in such an explicit and imperative manner, we are commanded to fix the dividing line on the highest summits -which divide the waters, can we go and fix it on summits which do not divide the waters ? What would our respective Govern- No. 63. ( 452 ) ments, who have honoured us with the posts of Experts, say, if they were to see us abandoning a rule which has been imposed upon us with the characteristic of the " invariable rule of our proceedings " ? What would be the judgment of our fellow- citizens if we were to fulfil our mission in this manner ? And finally, what legal value would our doings have, if we were not to subordinate our work to such a clear and peremptory stipu lation ? For my part, I could not abandon it without neglecting the most elementary duties connected with my post. For this reason, when the Instructions given to the demar cating engineers on the 1st of January of the present year were drawn up, I had the honour of informing you, and of expressly stating it on the Record signed that day, that by " main chain of the Andes " I understand the " uninterrupted line of sum mits which divide the waters and which form the separation of the hydrographic basins or regions tributary to the Atlantic towards the east and to the Pacific towards the west." When making this declaration, maintaining a principle established by the existing treaties with so much precision, and based on sound principles of geography and of international law as well as on the Treaties in force, and besides, the only one which can lead us to a practical result in the demarcation, avoiding the thousand difficulties of detail which, without such a sure rule as this, would arise at every step, I have wished, Mr. Expert, to give a fresh proof of the sincerity and straightforwardness with which, in accordance with the direc tions of my Government and my own convictions, we must proceed in an operation which is purely one of loyalty and concord, destined to delimitate peacefully and quietly our re spective territories, and to confirm and strengthen our relations of friendship and commerce. I omit to show here that the faithful fulfilment of this " in variable rule '' of the demarcation does not cause any detriment No. 63. (453 ) to either of the two countries ; it facilitates and renders prac ticable the work which has been entrusted to us ; it is based on the principles of international delimitation ; it is pro claimed by the most authoritative geographers and supported by its most distinguished writers. The undersigned had the honour of treating of these various points in a note addressed to your predecessor, Sefior Octavio Pico, under date of January 1 8, 1892, to which I have not had the honour of receiving a reply up to this date. Although I could repeat these considerations, and strengthen and unfold them further, I abstain from doing so because I deem it unnecessary. For the reasons stated above, I do not consider the considera tions of a geological character adduced by the chief of the Argentine Sub-Commission conducive to the elucidation of the present question, even should they lack the vagueness and in decision which cannot but be inherent to them in the present state of our geological knowledge of this great chain of moun tains. I shall only observe, in this respect, that we cannot but commend the good sense shown in the drawing up of our Boundary Treaty and in the Protocol which confirms it, when eliminating absolutely this kind of question. There, in Article I. of both covenants, a frontier line has been fixed which may be determined along the whole of its extent by the mere inspec tion of the locality, or at most by the study of the declivities of the ground, without taking at all into consideration the nature of the ground, which would only have given rise in each case to unending discussions, assuredly without any practical result. ***** In view of the foregoing, I believe that the landmark, erected at the San Francisco Pass in fulfilment of the agreement drawn up by the Experts on the 29th of April, 1890, and with the concurrence of the engineers of the Commissions of both coun tries on the 15 th of April, 1892, is erected on the spot which No. 63. (454) corresponds to it according to the Treaty of 1881 ; and, al though by the Protocol of 1 893 the Chilean Government agreed to accede to the request of the Argentine Expert that a revision of the work should be made, and that " in case an error should be found, the landmark should be removed to the point where it should have been placed according to the terms of the Boun dary Treaty," the fresh surveys have simply confirmed the correct location of this landmark. I believe, for this reason, that the surveys made hitherto are sufficient, for the purpose of solving this question, whether by agreement of the Experts or whether by the decision of an Arbitrator, in conformity with the Treaty, should the said agreement fail to be obtained. This question cannot be a hindrance to the continuation of the work entrusted to us, which we both are interested in advanc ing in the same spirit of cordiality with which we have com menced it. I have, etc., Diego Barros Arana. No. 64. THE ARGENTINE EXPERT ON THE SAN FRANCISCO LANDMARK AND THE "MAIN CHAIN OF THE ANDES," on December 14, 1894. [Translated from a certified copy at the Chilean Legation.] (Quoted on page 524 of the Statement.) The Argentine Expert to the Chilean Expert. Buenos Aires, December 14, 1894. Mr. Expert, — I have had the honour of receiving your Note dated Sep tember 27 last, which is a reply to mine of August 14, in which I requested the removal of the provisional landmark of San Francisco to the place where it should be erected in conformity with the Treaty of 1881 and the explanatory and interpretative Protocol of same, dated May i, 1892, or the continuation of the surveys in the region of the north in order to confirm or rectify our respective opinions. After making lengthy remarks you maintain that the land mark referred to is correctly erected, in accordance with the provisions of those international covenants, that it is placed on the main chain of the Cordillera de los Andes, and that, on your part, you consider fresh surveys to be unnecessary, adding besides that, if a direct arrangement were to be impos sible, the controversy should be submitted to arbitration. No. 64. (456) As your note embraces several important conclusions regard ing the meaning which you give to the international covenants in force between the Argentine Republic and Chile, besides a narrative of the circumstances which you have deemed it advisable to recall in connection with this provisional landmark, I feel the necessity of replying at length to your note in order that there may be a record as to how I understand the duties imposed upon me by the office of Expert which I fill, and as to what meaning I give to the covenants binding both Govern ments in connection with the determination of their respective boundaries, at the same time, leaving our responsibilities clearly defined in case any emergency should arise in the future, — which I try, and will try, to avoid, in the interests of the prose cution of our work, and of the good relations which happily exist between the two countries, and which are well maintained and strengthened by the action of our Governments. I must, first of all, inform you that I regret that you should have taken the trouble of recalling the circumstances in con nection with the erection of the provisional landmark of San Francisco, not only because such operation was not approved by the Experts, but also because all divergences respecting its validity were eliminated by Article VIII. of the Protocol of May 1, which reads as follows : " The Argentine Expert, having stated that, in order to sign, with full knowledge of the circumstances, the Minute of April 15, 1892, by which a Chilean-Argentine Sub-Commission marked on the ground the starting-point of the demarcation of the frontier in the Cordillera de los Andes, he thought it indispensable to make a fresh survey of the place to conform or correct that operation, adding that that survey would not delay the continuation of the work which could be carried on simultaneously by another Sub-Commission ; and the Chilean Expert, having on his part, declared that, although he believed the operation had been carried out strictly according to the Treaties, he had no objection to assent to the wishes of No. 64. ( 457 ) his colleague, as a proof of the cordiality with which the work was being carried out ; the undersigned have agreed that a revision of the operation shall take place, and that, in case any error is discovered, the boundary mark shall be removed to the spot where it ought to be placed, according to the terms of the Boundary Treaty." The fresh surveys to remove the said landmark to the spot where it should have been erected according to the Boundary Treaty and Protocol, — in case it should not have been planted in conformity with the provisions of these — having been ordered, it seems to me that neither you nor your assistants could have maintained that what it was desired to know was whether such landmark was or was not in the San Francisco Pass, not only in view of the clear and imperative terms of the Article which I have just copied, but also because the repre sentatives of the Argentine Republic have never doubted that the said point was the one designated by the Commissions. They did maintain that it was not the one that answered to the rule to be followed in ¦ the demarcation, for which reason they re fused to sign the Record which you desired. This brief expla nation justifies the remarks which I took the liberty of making regarding the Report of your Assistants, who joined the Argen tines this year in carrying out the surveys in the region of the north, — which report is inserted in the Record of March 7th of the present year, and leads to a misunderstanding or to the ignoring of what was agreed to in the Protocol referred to. It was not my intention to make a charge against the said Assistant, nor do I consider myself entitled to do so ; but, as the Expert on the part of the Argentine Republic, I could not omit calling your attention to this, since, as the joint Commission was given the instructions which I signed with you at Santiago, the latter were the only rule of procedure for the Chilean and Argentine Assistants. In a similar case I shall be most pleased to take your suggestion into consideration, although I have No. 64. (458) instructed those under my orders never to depart from the instructions which we may give them. I must observe to you that, on my part, I do not give to the Protocol of" 1st of May, in that part which refers to the San Francisco landmark, any other meaning than that expressed by its clear and unmistakable wording ; and that, although I sincerely respect the reasons which you had for denying to the Expert, Senor Virasoro, the right of revising the operation, which among other causes gave rise to the diplomatic negotia tions which ended at that date, it surprises me that you should still hesitate as to the meaning of the terms of the Protocol, and that you should say in the note to which I reply, that Senor Virasoro only claimed the revision of the spot where the land mark was erected to which you consented, in the conviction that, no matter what scope might be given to this revision, it would simply afford fresh support and authority to what had already been done. And, what had been done, and how had it been done ? You say in this respect in the note to which I refer : — "In April, 1890, when commencing the arrangements in both countries for the works of the demarcation of the boundary on the ground, Senor Don Octavio Pico, your distinguished predecessor in the office of Expert on the part of the Argentine Republic, proposed to the Chilean Expert that such work should commence in the north, a proposal which was readily admitted, with a complementary addition requested by the undersigned Chilean Expert. " Having before them some geographical descriptions and various charts or maps of that region, some of Chilean and others of Argentine origin, both Experts agreed that the first landmark of the demarcation should be fixed at the spot called San Francisco Pass, declaring, in the Record signed on the 29th of April, 1 890, that ' it is a point of the frontier which separates Chile from the Argentine Republic' " No. 64. (459 ) The foregoing narrative which you have considered it your duty to make, places me in the position of saying that, although it was indispensable that the Experts should decide whether the demarcation should commence in the south or in the north, it was not within their powers to declare a certain spot to be a point of the frontier until the necessary investigations had been made, since their mission is to carry out the demarcation on the ground themselves or through their delegates, according to the Convention of 1898, the result of such demarcation being the only thing which could place them in a position to fix a point of the dividing line. You say that maps or sketches, some of Argentine and others of Chilean origin, were consulted ; but this very fact reveals that nothing definite was done, and that it was more of a suggestion, since, if the demarcation was to be carried out in conformity with pre-existing maps or sketches, the mission of the Experts and their Assistants would have had no object, for, in order to trace the line, the indication of the points where the landmarks were to be erected would be sufficient, and this operation could have been carried out without any difficulty whatsoever by any inhabitant of the country familiar with surveys in the Cordillera. You yourself, after the Record of 29th of April, 1890, as you express it in the note to which I am now replying, pro posed, in 1892, that the joint Commission of demarcating en gineers, which was to operate in the north, should proceed to the zone comprised between 27" and 30° and start the demar cation of the boundary line between the two countries, drawing up, on the points as to which they should be in accord, the Minute which the Experts must sign in accordance with Article I. of the Treaty of 1881, — and this obviously indicates the necessity of previous investigations in order to fix the common frontier. The negotiators of the Treaty of 1881 said that the boundary between the Argentine Republic and Chile is, from north to south as far as the 52 nd parallel of latitude, the Cordillera de No. 64. (46o) los Andes ; and, when giving the rule for the tracing of the dividing line, this international agreement, like the others which have been concluded, entrusted this operation to two Experts, and, by their delegation, to some Assistants, and not the determination of points of the frontier without previous investigation. It is for this reason, Mr. Expert, that what was done at San Francisco in 1892 did not have, and could not have had, the validity which you maintain, nor did it obtain the approval of the Argentine Expert, who, as you know, refused to sign the Record of April 15, 1892 ; and it was likewise for this reason that your Government, as appears from the Protocol of May 1st, consented that what was done should be revised and that a joint Commission of Chileans and Argentines should proceed to the region of San Francisco to carry out fresh and detailed investigations. As this is a demarcation which is being carried out with the greatest harmony, and it being to the manifest interests of both countries that truth only should prevail and that no thing should be based on an error, our respective Governments have given, and I am sure will continue to give, the most unmis takable proofs that the demarcation of the boundaries will be pursued and brought to a close without any exciting incidents or disturbances to weaken the ties of friendship which unite Chileans and Argentines ; and, I entertain the profound con viction that we, who are called upon to obey these purposes, will not lack the necessary patriotism for removing from our path such obstacles as may prevent us from realizing such noble ends. Decided, as it is, by the Protocol of May 1st, that the demar cation made at San Francisco in 1 892 is not definitive, I do not consider it necessary to enter into other considerations respecting the circumstances which you have deemed it your duty to recall ; and I pass on to other points of extreme gravity treated No. 64. (46i) in your Note when replying to mine of the 14th of August last. In spite of what has been stated, when dealing with the application of the Protocol which establishes that the line must run along the main chain of the Cordillera de los Andes, you maintain that the San Francisco landmark is erected on it. You understand by main chain of the Cordillera, the un interrupted line of summits which divide the waters, and which form the separation of the basins or hydrographic regions which are tributaries to the Atlantic on the east, and to the Pacific on the west, and you state that when issuing the Instruc tions given last January, you recorded this fact. On my part, I must remind you that I rejected that mean ing, expressing that I did not consider at that time that I ought to point out the excesses and deficiencies of that definition, adding that the Experts were not called upon to interpret the international Agreements, but to apply them, because we were simple demarcators, and on the other hand no case had arisen which would cause a divergence. The Argentine Republic, Mr. Expert, never accepted the continental divortium aquarum as the boundary with Chile, and when negotiating the bases for the Treaty of 1881 you, as Minister, proposed it to Senor Don Bernardo de Irigoyen, the latter, as Minister for Foreign Affairs, rejected it, and the word ing was adopted which is read in Article I. of the Treaty of 188 1 . This Article — which provides that the boundary between Chile and the Argentine Republic is from north to south as far as the 52nd parallel of latitude the Cordillera de los Andes, and that the boundary line shall run in that extent over the highest summits of the said Cordilleras which divide the waters and that it shall pass between the " vertientes " which start to either side — would be useless because it would have sufficed to establish that the boundary between the two countries was the continental divortium aquarum, which you now uphold against the very text of the Treaties, and their antecedents. No. 64. ( 462 ) You cannot mention a single geographer or scientist who applies the continental divortium aquarum as an absolute rule in the delimitation of countries separated by mountains, and still less when the text itself of a treaty provides that the line shall run along the highest summits which divide the waters, passing between the " vertientes " that you, as well as all the geographers, define by the name of sides or flanks of the moun tain, and which can never be proved to be synonymous with the origins or sources of rivers : and when another explanatory or interpretative Agreement provides that the said highest summits be sought for in the main chain of the Cordillera, that is, in its dominant ridge, in that which without other inter ruptions than those in short spaces, caused by accidents of the same mountain, forms the real edge of the system. Conse quently it is in this main chain that we must draw the line, whether the continental divortium aquarum be always situated on it or not, as it may often be situated outside of it, as is fore seen in the Protocol, when the latter provides that part or parts of rivers may belong to either country, and as happens in the Andes and other Cordilleras. Always reacting against the text of the international agree ment of May 1, 1893, anQl referring to the words "parts of rivers " you say : " Doubts might possibly have arisen regard ing those streams, parts of rivers or incomplete rivers which do not reach the sea — a very common feature in both countries, particularly in the northern region, where interrupted water courses are frequently met with, by reason of evaporation or filtration, which prevents them from filling the hollows to be found in their course. Fortunately all doubts have been set at rest by Article I. of the Protocol of May 1, 1893, which makes this point still clearer." Allow me to express my great surprise at the restriction placed by you on one of the most conclusive stipulations of the Protocol of May 1, 1893, and one which was the object of lengthy No. 64. (463) and laborious conferences which caused your retirement when the said International Agreement was being signed. The Con ferences began in March, 1893, m the Department of Foreign Affairs of Chile, you and my predecessor, Sefior Virasoro, assist ing as Experts, and Don Isidoro Errazuriz, Minister of the De partment, and I, as Argentine Minister Plenipotentiary, being also present. When dealing with the intersection of rivers by the boundary line, you stated that this should be left to be included in the Instructions which the Experts were to give to the demarcating Sub-Commissions, as this was understood ; I, on my part insist ing that, with regard to this matter, we ought to sign a decla ration expressing it. When, during the course of the negotiation, the said cutting of rivers was insisted upon, you refused to allow it to be inserted in the Protocol ; and, as the Argentine Expert and myself refused to continue discussing the affair, declaring that we con sidered such an explanation to be indispensable, you did not return to the Conferences, the negotiations being continued between Sefior Errazuriz and myself, and the declaration as to the cutting of rivers, established by Article I., was included with out limitation or restriction of any kind. How can you, therefore, reopen a discussion on a point which has already been solved by means of a solemn Treaty, sanctioned by the Congresses of the two nations concerned ? Besides, the cutting of rivers exists implicitly in the Treaty of 1 88 1, and your persistence, in all the acts of execution of said Treaty, in leading us to the continental divortium aquarum as an absolute rule, was another of the chief causes of the nego^ tiation of 1893, in which it was again eliminated as such, by the fact of stipulating the former, and by recognizing to Chile the Channels of the Pacific in the vicinity of parallel 5 2, it being likewise agreed that the coasts of those channels was to be amicably determined by both Governments. If the continental No. 64. (464) divide were the general rule, you would not have consented to all this, nor would the Chilean Government have given its approval to it. This stipulation regarding the southern channels is an express abandonment of the alleged and disturbing continental divortium aquarum, which, for you, never appears to have been eliminated as an invariable rule. In fact, in parallel 520 the divide between the Atlantic and Pacific basins is situated at the sources of the River Gallegos, which some call " Plains of Diana " (Planicies de Diana). Could you maintain that in these plains is situated the main chain of the Cordillera mentioned by the Protocol, when it can only be found, if that parallel is followed, to the west of those plains, and after crossing inlets of the Pacific which a high-minded policy of sincere friendship towards Chile on the part of ray Government caused them to declare as belonging to that Republic ? The great Cordillera stretches longitudinally from north to south, and, taking into account in the aggregate, all its system, it spreads out from east to west in a great extent. The Treaty of 1 88 1 enclosed within it the frontier line, providing that the line shall run along its highest summits which divide the waters, and adding that it shall pass between the " vertientes " which start to either side. To what water-parting line does the Treaty refer ? Saying, as it says,1 " the highest summits which divide waters " [sic] it must be understood to mean those which form a chain, and the Protocol of May 1st has defined this point, since it locates them in the main chain of the Cordillera, which forms, as I have said, a sort of edge more or less flattened, stretching in a given trend. They are summits presenting two lateral opposite sides [sic], in declivity, which constitute the 1 It must be noticed that the article the (las) before the word " waters '¦'¦ has been omitted by Senor Quirno Costa; No. 64. (465) " vertientes " down which flow the rain waters or those pro duced by the melting of the snow on the summits. There are other summits which deviate from the principal chain and are situated on spurs, on tablelands, or in lateral valleys, and which are cone-shaped. On these there may be a water-parting line, but [the waters will flow] not only on one side and the other as provided by Article 1 of the Treaty of 1 88 1, but on all sides. These, therefore, are not the summits which we are to seek, but the former, where the " vertientes " on one side and the other, i.e., east and west, are exclusively to be found. For this reason all summits not bearing the sepa ration of these two general " vertientes " of the Cordillera to which said Treaty and the Protocol of May 1st refer, must be rejected. Thus, Mr. Expert, when we find that the line cuts a river or mere stream, we must not, nor can we depart from the prolongation by the summits, because it is on the latter that we must seek the said line. I will not enlarge on this point, as you have only mentioned divergences, which, although I consider them fundamental matters, come more within the province of the Governments than within ours, we being mere demarcators, arbitrators only when dealing with valleys formed by the bifurcation of the Cordillera, where the water-divide should not be clear. The good faith of both countries being at stake, the powers who direct their affairs must honour their international engage ments, and they will not permit the patriotic work of many years, and of diplomatic negotiations brought to a successful issue, to be frustrated in a day. I do not consider it necessary to weigh the reasons which you give for maintaining that the provisional landmark has been correctly erected on the San Francisco, owing to the fact that the continental divide, according to your opinion, is to be found on it ; since our respective standpoints differ D No. 64. x (466) absolutely, such principle being the only rule to you, whilst to> me that divortium may be found outside the main chain of the Cordillera de los Andes, whereas it is on the latter that we must trace the line. Thus, it would be necessary that you should demonstrate that Mount San Francisco forms part of that chain in the Cor dillera de los Andes, in spite of its being excluded from the latter by the very surveys of the Chilean engineers Seiiores Bertrand and San Roman and by the Report and Map of the Argentine Commission, which show that the San Francisco belongs to a line of hills bordering the said Cordillera on the east only, its origin and formation being perhaps the same as that of the Cordillera de Famatina, which belongs to the system called Central Bolivian, or Real Bolivian Cordillera, which is very different from the Cordillera de los Andes. Thus the former of those two distinguished engineers, who at present is a member of the Boundary Commission of Chile, inserts on his map a profile of the Cordillera de los Andes, it being observed therein that, from the vicinity of 280 up to the 220, the following hills appear : del Potro, Negro, Ternera, Volcan Dona Inez, Juncal, Volcan Llullaillaco, Volcan So- compa, Volcan Pular, Tumiza, Volcan Licancaur and Piniri, there not appearing Cerro Incahuasi, 6700 metres high, nor the San Francisco, nor the Negro Muerto of 6000 metres, nor any of the very high ones which form the Atacama tableland, — which means that these latter do not belong to the Cordillera de los Andes in which we must trace the boundary line. Although I believe that Mount San Francisco does not belong to the Real Cordillera de los Andes, and still less that it is located on the main chain thereof, my Government consider it advisable to amplify the investigations in the region of the north, and it is for this reason that I invited you to carry them out by joint Commission, so as to confirm or rectify our re spective opinions, and, in any case, to prepare us in due form No. 64. (467 ) for the direct settlement which you suggest in your note to which I am now replying, or for the arbitration itself, which you also mention, should the first solution not be possible, and should my Government consider this a case for arbitra tion. I have laid before the Minister for Foreign Affairs, my immediate chief, your communication to which I am now replying, together with the antecedents referring to this matter, and I have directed the continuation of the work in the north by the Argentine Commission only, since I have not obtained that the Chilean should accompany on this occasion the Argentine one in an ample investigation of rectification or revision, stipulated in a solemn international covenant and destined to remove the difficulties which embarrass the work of the demarcation. I consider, however, like yourself, that the question which separates us cannot be a hindrance to the prosecution of the work entrusted to us, and that it is to both our interests to continue them, animated with the spirit of cordiality in which they were begun. I am, etc. N. Quirno Costa. Juan J . Ochagavia, Secretary. No. 65. ACTS OF DELIMITATION IN 1895. Enclosure A. Act of the erection of the landmark at " Las Lenas." [Translated from " Memoria de Relaciones Esteriores de Chile" presented in 1895, p. 247.] (Mentioned on page 526 of the Statement.) The undersigned, Chiefs and Assistants of the Second Chilean- Argentine Boundary Sub-Commission, assembled in the Cor dillera de los Andes on March 4, 1895, bearing in mind the instructions which have been issued to them by both Experts under date of January 4, 1894, as well as the stipulations of the Treaty of 1881, and the Protocol of 1893 and the Conven tion of August 20, 1888, have agreed to erect a landmark on the point of the principal chain of the Andes which divides the waters, commonly called " Paso de las Lenas," a point that serves as a means of communication between the Chilean valley of Las Lenas and the Argentine valley of Cajon Ancho. In conformity with Article 7 of our Instructions we record in this Minute that, in the neighbourhood of this pass, two streams ivertientes) diverge, which flow : the western one to the River Lenas, an affluent of the Cachapoal, and the eastern one to the Rivers Atuel, towards the south, and Barroso to the north east, the latter a tributary of the Rio Diamante. In order to fix the geographical position of the place, the bearings, photographic views and other data prescribed in the 468 No. 65. (469) instructions have been collected, the results of which are con tained in an appendix to this Record, which shall be signed by the undersigned as soon as' the necessary calculations have been made and verified so as to give to these results the greatest accuracy possible. Bearing in mind what has been agreed upon by the Experts we have erected a cairn, which shall remain as a sign of the demarcation. Drawn up in quadruplicate on March 4, 1895. VICTOR Caro Tagle, Pedro P. Pico, Luis A. Bolados R., Jacinto An- zorena. Enclosure B. Act of the erection of a landmark in the pass of Reigolil. [Translated from " Memoria de Relaciones Esteriores de Chile," presented in 1895, p. 245.] j The undersigned, Chiefs and Assistants of the Fourth Chilean-Argentine Boundary Sub-Commission, assembled in the Cordillera de los Andes on February 24, 1895, bearing in mind the Instructions issued to them by both Experts under date of January 4, 1894, as well as the stipulations of the Treaty of 1 88 1 and Protocol of 1893, therein mentioned, have agreed to erect a landmark on the point of the principal chain of the Andes which divides the waters, commonly called Paso de Reigolil, a point which serves as a means of communication between the Chilean valley of " Reigolil " and the Argentine valley of " Puelmari." In conformity with Article 7 of our Instructions we record in this Minute that, in the neighbourhood of the before-men tioned Pass of Reigolil, two streams ivertientes) diverge, which flow : the western one towards the rivulet of Curimeno, the waters of which empty into the River " Maichin," an affluent of the River " Pucon " or " Minetue," belonging to the basin No. 65. (470) of the River " Tolten " ; and the eastern one into Lake " Pil- hue," which drains by the river of that name into Lake " Nor- quinco " ; from the latter rises the River " Puelmari," an affluent of the " Alumine," which conveys its water into the " Limay " under the name of " Collon-Cura." The data indicated in the Instructions to fix the geographical position of the place have been collected, the results of which will be inserted in an appendix to this Record which shall be signed by the undersigned as soon as the necessary calculations have been made and verified so as to give to these results the greatest accuracy possible. Bearing in mind what has been agreed upon by the Experts, we have erected a cairn which shall remain as a sign of the demarcation. Drawn up in quadruplicate on February 24, 1895. — Ernesto 20 FRICK, Luis Jorje Fontana, L. Riso Patron, Guillermo S. MacCarthy. Enclosure C. Act of the erection of the landmark at Coloco. [Translated from " Memoria de Relaciones Esteriores de Chile" presented in 1895, p. 246.] The undersigned, Chiefs and Assistants of the Fourth Argen tine-Chilean Boundary Sub-Commission, assembled in the Cor dillera de los Andes on March 27, 1895, bearing in mind the instructions which have been issued to them by both Experts under date of January 4, 1 894, as well as the stipulations of the Treaty of 1881 and Protocol of 1893, therein mentioned, have agreed to erect a landmark on the point of the principal chain of the Andes which divides the waters, commonly called " Paso de Coloco," a point that serves as a means of communication between the Argentine valley of Coloco and the Chilean one of Quifienahuin. No. 65. (470 In conformity with Art. 7 of our Instructions we place on record that, in the neighbourhood of the before-mentioned pass of Coloco, are separated the waters that flow, on the east, to the Cajon de Huechulin — whence they issue by the Malalco brook to the River Quillen, a tributary of the Alumine, which bears its waters to the Limay under the name of Collon-Cura — from the meteorological waters on the west, which feed the lake of Hualalafquen, which drain into the brook which we have called Quifienahuin, a tributary of the River Maichin, an affluent of the River Pucon or Minetue, belonging to the basin of the River Tolten. The data indicated in the Instructions for the purpose of fixing the geographical position of the place have not been collected, as the advanced state of the season did not allow of it. These data will be obtained when the circumstances permit, and the results will be inserted in an appendix to this Record which shall be subscribed by the undersigned or their deputies. Bearing in mind what has been agreed upon by the Experts we have erected a cairn, which shall remain as a sign of the demarcation. Drawn up in quadruplicate on March 26, 1895. — Ernesto 2° FRICK, Luis Riso Patron S., Luis JORJE FONTANA, Guillermo MacCarthy. No. 66. ACTS OF DELIMITATION DRAWN UP IN BILATERAL FORM ON MARCH 14, 1896. [Translated from "Memoria de Relaciones Esteriores de Chile" 1895, pp. 269-285.] (Quoted on page 530 of the Statement.) Enclosure A. Lagunita Landmark} The undersigned, Chiefs and Assistants of the First Boundary Sub-Commission on the part of the Argentine Republic and Chile, assembled at Villa de Jachal under date of March 14, 1896, with the object of proceeding to the demarcation of the boundary between the Argentine Republic and Chile in the Pass called Lagunitas, were in accord as to the precise point on the ground, but there was no such similar accord as to the form of the Act which, according to Article 3 of the general instructions for the demarcation in the Cordillera de los Andes, must be signed by the Assistants. The Chilean Sub-Commission proposed with insistence to 1 Similar Acts bearing the same date were signed, placing on record the delimitation at the following points : — Las Tdrtolas landmark. \_Loc. cit. pp. 272-274.] Vacas Heladas landmark. [Loc. cit. pp. 274—277.] Deidad landmark. \Loc. cit. pp. 277—279.] Banitos landmark. [Loc. cit. pp. 279—281.] Sancarron landmark. [Loc. cit. pp. 282—284.] 472 No. 66. (473 ) sign an act similar to that drawn up by the demarcating Sub- Commission at the Passes of Las Lenas, Las Damas, Santa Elena, Reigolil and Coloco, in the years 1894 and 1895, by reason of their being in accord with the principles stipulated for the demarcation. The Argentine Sub-Commission refused to take the pro posed act as a pattern by reason of finding, according to their own opinion, that the stipulations of the Treaties of 1881 and 1893 had been altered, and proposed, on their part, that, in lieu of stating in the acts that the said landmark is erected by reason of its being on the principal chain which divides the waters} as proposed by the Chilean Sub-Commission, they should say simply, because it is in conformity with the Treaties above- mentioned, a formula adopted by the Experts for the approval of the landmarks mentioned by the Chilean Sub-Commission. As the Chilean Sub-Commission does not consider this last formula to be acceptable and regret that the Argentine Sub- Commission should abandon a formula already established by the agreement of the demarcating Sub-Commissions, they agreed to draw up the acts separately. At the point agreed to, and where the landmark is erected, bearings, photographic views and other data suggested by the instructions for the fixing of the geographical position of the place have been taken, the results of which will be stated in a complementary Act which will be subscribed by the undersigned once the necessary calculations have been made and verified so as to give to these results the greatest accuracy possible. Bearing in mind the great difficulties of transportation of the iron pieces forming the permanent landmark, to this point of the Cordillera, we have agreed to erect a provisional cairn 1 This proves that the Assistants of the Argentine Expert in 1 896 understood, contrary to what is affirmed in the Argentine Statement (p. 445), that it is the principal chain mentioned in the Acts, which divides the waters, and not merely the point selected for a landmark. No. 66. (474) which shall remain as a sign of the delimitation pending a further resolution of the Experts. Act of the Argentine Sub-Commission. The Chief and Assistants of the Argentine Boundary Sub-Commission No. i, bearing in mind the general instructions for the demarcation of the Cordillera de los Andes issued by the Experts under date of January ist, 1894, as well as the stipulations of the Treaty of 1 88 1 and Protocol of 1893 therein mentioned, declare that they have erected the landmark at the place commonly called Paso de la Lagunita, by reason of this place being on the water-parting line of the principal chain of the Cordillera de los Andes. The point where the landmark has been erected serves as a communication between the valleys of the Argentine Riyer Cura and the Chilean River Coquimbo. From this same place two streams ivertientes) flow, one to the east towards the Valle del Cura, and the other to the west towards the River Coquimbo. Act of the Chilean Sub-Commission. The Chief and Assis tants of the First Chilean Boundary Sub-Commission, bearing in mind the Instructions which have been issued to them by the Experts under date of the ist of January, 1894, as well as the stipulations of the Treaty of 1881 and Protocol of 1893 therein mentioned, declare that they have erected a landmark at the point of the principal chain of the Andes which divides the waters, commonly called Paso de la Lagunita, a point which serves as a communication between the Chilean valley of Coquimbo and the Argentine valley del Cura. In conformity with Article 7 of our instructions, we have recorded in this Act that, at the said Paso de la Lagunita, two streams ivertientes) diverge, which flow, the western one to wards the valley of the River Seco which, joining the River de la Laguna, forms the River Turbio, an affluent of the River ¦Coquimbo, and the eastern one to the Lagunita stream, an No. 66. { 475 ) affluent of the River Valle del Cura which, joining the River Blanco, forms the River Jachal, a tributary of the River San Juan. Drawn up in duplicate and signed by the Assistants. — C. SOZA Bruna, Vicente E. Montes, Carlos A. Barrios M., Emilio T. Spiluzzi. Enclosure B. Act of Suspension of the Works of the First Sub-Commission, dated March 15, 1896. Demarcation of the Boundaries with Chile. — Argentine Sub-Commission No. 1. — Act. — The Chiefs and Assistants of the First Boundary Sub-Commission on the part of Chile and the Argentine Republic, after having ascertained the extent of the Cordillera comprised between the Passes of Lagunita and Sancarron, assembled at the Villa de Jachal on March 15, 1896, in order to come to an agreement as to the following operations. The Chief of the Chilean Sub-Commission stated that he had already made surveys in the region of the Cordillera stretching northwards to about 280 50' of south latitude, com prising the passes El Chivato, Chollay, Valeriano, and Flecha, and on that account he invited his colleague to continue the demarcation in the present season. The Chief of the Argentine Sub-Commission stated that it was impossible for him to con tinue the demarcation during this season, as the state of his health absolutely prevented him from remaining in the Cor dillera, for which reason he proposed the immediate suspension of the said works. The Chief of the Chilean Sub-Commission, regretting the premature suspension of the said works, as a mark of deference to his Argentine colleague, agreed with pleasure to the said suspension, signing in duplicate and in testimony whereof the present record. — C. Soza Bruna, Vicente E. Montes, Carlos A. Barrios M., Emilio C. Spiluzzi. No. 67. RECORD OF THE DIVERGENCE OF THE COMMISSIONS AS TO THE RILUL LANDMARKS. [Translated from" Memoria de Relaciones Esteriores de Chile" 1895, pp. 289- 293-1 (Quoted on pages 531 and 1103.) Republic of Chile. — Demarcation of the boundaries with the Argentine Republic. — Act. — In the camp of the fourth Argen tine Sub-Commission, on the shores of Lake Quillen, on the 7th of March 1 896, the Joint Sub-Commission No. 4 for the demar cation of the boundaries between the Republics of Chile and Argentina being there assembled, the Chilean Sub-Commission stated that they proposed to the Argentine Sub-Commission the erection of two landmarks, belonging to the line of demar cation of the boundaries between both nations, — one at the place called Rilul on the pass of the same name, near the road running from Quillen to Pucon, and the other on the nearest gap south of the said pass. The Argentine Commission stated that they could not give their consent to the proposal of the Chilean Sub-Commission regarding the erection of a landmark on the Rilul Pass, and another on Rilul Gap as belonging to the boundary line be tween both Republics, because they were of opinion that such points do not correspond to the principal chain of the Cordillera Quoted de los Andes, such as is prescribed by the Treaty of 1 88 1 , and the Protocol of 1893 ; that, according to their opinion, this chain ¦17G No. 67. ( 477 ) ought to be searched for in the Cordillera of snowy summits, which extends to the west of the said places, and of which the massif of the Quetrupillan forms part ; and that consequently the Argentine Sub-Commission, in conformity with the stipulations of Article 3 of the Protocol of September 6th, 1895, invited the Chilean Sub-Commission to postpone the erection of the land marks of demarcation and to continue the works of investiga tion and surveys of the region, including the mentioned snow capped summits of the Quetrupillan, and others situated to the south and north of it. On their part, the Chilean Sub-Commission declared that the points proposed by them, and marked by cairns, answer to the principle established in the Treaty of 1881 and the Protocol of 1893, since at those points diverge the streams ivertientes) which, on the west, feed Lake Hualalafquen whence starts the Lahuen- huenu stream which, flowing down a nameless ravine, empties itself into the River Maichin, an affluent of the River Pucon or Minetue belonging to the basin of the Tolten, and on the east, there rise the streams ivertientes) which flow to the two brooks which empty into the Champehuen, and thence to the Lakes Huihui and Quillen, tributaries to the River Alumine, belonging to the basin of the Rivers Limay and Negro. On the other hand, the Argentine valley Huihui communicates with the narrow Chilean valley through which flows the Lahuenhuenu towards the Valley Maichin ; the landmarks are placed at points which are the highest between those streams and opposite valleys ; they have not been erected on the greatest depressions corresponding to the respective pass and gap, — that is to say, at the points where two contours, of the same level, but of opposite curve, are tan gent, — owing to the dense forest preventing it, but there have been selected instead accessible and sufficiently visible points of the ground. The Chilean Sub-Commission consider the season too advanced to commence the works of investigation and survey proposed No. 67- (478) by the Argentine Sub-Commission, besides possessing sufficient data to establish that it is not in the Quetrupillan where they should seek the frontier line. For these reasons they regret being unable to accept the proposal of the Argentine Sub-Com mission, reserving to themselves the right to submit this point to the more enlightened decision of their Expert, and to con tinue the investigation and surveys which they may deem necessary on the points they may consider as belonging to the frontier line, suspending the demarcation meanwhile. The Argentine Sub-Commission declared that, the Chilean Sub-Commission having stated that they had already con structed landmarks on the pass and gap of Rilul, which they propose, they do not altogether acknowledge the right to erect landmarks of demarcation within the region of the works without their previous consent, for which reason they were of opinion that the said landmarks should be demolished, acknow ledging to the Chilean Sub-Commission a similar right respecting the Argentine. Like the Argentine Sub-Commission, the Chilean Sub- Commission neither claim for themselves, nor acknowledge to the former, the right to place boundary landmarks without the consent of both Sub-Commissions. The division of the work arranged previously at conferences held between both Sub- Commissions, involved their separation by a considerable distance, and they believed they had economized time and work by constructing the cairns in the places they were to propose to the Argentine Sub-Commission. But, in proposing the planting of a landmark at some point, whether there existed an agreement or not, they considered it their duty to leave this point well defined on the ground ; in the present case cairns have been constructed sufficiently strong to withstand the weather, pending a definite result ; until such time the two cairns set up will not possess any other character than to fix on the ground a trigonometrical station so important No. 67. ( 479 ) as are, in the present case, the points proposed by the Chilean Sub-Commission as boundary landmarks. The Argentine Sub-Commission, in spite of the declaration from the Chilean Sub-Commission, that the cairns constructed must be considered simply as trigonometrical landmarks for future reference to works effected, are of opinion that they must not assume either in their shape or dimensions a similarity to the landmarks which have been erected or should be erected in the future. The Chilean Sub-Commission are of opinion that the shape, like the dimensions, of the said carins would not affect in the least the character which is given them by the foregoing decla ration. As the disagreement respecting the points proposed by the Chilean Sub-Commission, has, in fact, arisen, they wish to know whether the Argentine Sub-Commission propose, on their part, the planting of some landmark at some other point which they might consider to be situated on the frontier line, so as to carry out the necessary investigation and be able to form an opinion upon the case. The Argentine Sub-Commission insist on the invitation made to continue the investigation of the snow-capped summits which rise on the western side of the points mentioned, and of which the massif of the Quetrupillan forms part. In testimony whereof the Assistants of the Joint Sub-Com mission signed the present Act in quadruplicate, sealing it with the seals of both Sub-Commissions, the Argentine Sub-Com mission declaring that they will continue, on their part, the works of investigation and survey to which they refer in their invitation to the Chilean Sub-Commission. — DONISIO Pardo,. ERNESTO 2° Frick, Julio Lederer, A. Moreno. No. 68. ACT OF THE DELIMITATION BETWEEN DUNGENESS POINT AND MOUNT AYMOND. [Translated from "Memoria de Relaciones Esteriores de Chile" 1895, pp. 293- 1^296.] (Quoted on page 558 of the Statement.) Enclosure A. The Chilean Assistant to the Chilean Expert. $th Chilean Sub-Commission. Canadon del Condor, January 9, 1896. Mr. Expert, — I have the pleasure to transmit the Record drawn up in •connection with the boundary line adopted between Dungeness Point and Mount Aymond, together with a map of this region which will inform you as to the location of the points which -determine it. From Dungeness Point to Mount Dinero, a careful survey of the ground convinced us of the impossibility of tracing a line which might be derived from the orography of the region ; we were therefore compelled to select arbitrary points which would conform to the spirit and letter of the treaty. The starting point was necessarily the buoy existing in the southern extremity of Dungeness Point. A little to the north of this buoy there exists a large estuary which is No. 68. (48i ) filled at high tide, thus rising as much as 40 feet, and permitting the entrance of sloops of some draught ; as these are waters of the Straits we deemed it advisable, in conformity with the spirit of the treaty, to leave aside this estuary, for which reason we have adopted point A as a starting point of the line which has to divide the Point. Hence the north to south line was adopted because it divided the ground more equitably, causing it to end on the highest part of the cliffs existing to the north and affording a predominant point for the erection of a land mark. From this point, marked on the map with the letter D, the line continues to Mount Dinero forming an angle at C, a solution which we have adopted acquiescing in the request of the Argentine Commission who expressed an ardent desire that there should remain included in their territory, the buildings of Monte Dinero Farm, the lands of which had been bought by the Argentine Government. As we considered that such a concession did not prejudice in the slightest the interests of Chile, and as, on the other hand, we were not going beyond your instructions, we considered it a duty of courtesy 'to ac quiesce therein. From Mount Dinero to Mount Aymond, as we have already had occasion to mention, and as is stated in the Act an nexed, there does not exist the chain of hillocks to which the Treaty alludes, nor even any prominent local chain which might naturally indicate the boundary line ; the only chain we have observed is that which stretches from Mount Dinero to point 6, ending at that point, which was taken as the origin of the arbitrary line which reaches as far as Mount Aymond. The points of this line are small isolated heights, which are at a convenient distance from the coast, and which safeguard Argen tine interests, such as the Condor Farm, which is similarly circumstanced to Mount Dinero Farm, thus conforming, on the other hand, to the spirit of the Treaty. We hope, therefore, that our action will meet with your E No. 68. (482) approval, taking into account that our only object has been to place the least possible obstacle in the way of the con tinuance of the work of delimitation, and to reconcile the Chilean and Argentine interests, confining ourselves to the Treaty which serves us as a rule. In order not to delay the works of the season, we are going to proceed with the erection of the landmarks, on the line already mentioned, with the character of provisional, in accord ance with our custom on previous occasions. If our agreement receives your approval, the pyramids existing at present at Punta Arenas will be insufficient, and we therefore beg of you to be so good as to order the sending of 15 more which we consider indispensable during the present season. 1 am' etC' ALVARO DONOSO G. Enclosure B. Act of Demarcation. Republic of Chile. — Demarcation of the Boundaries with the Argentine Republic. — Act. — At the Cafiadon del Condor under date of, the 8th of January, 1896, the undersigned, Chiefs and Assistants of the 5 th Joint Sub-Commission for the demarcation of the boundary between Chile and the Argentine Republic, having in view maps of and information as to the ground com prised between Dungeness Point and Mount Aymond, with the object of giving effect to the Treaty of 1881, have resolved to submit to the approval of the Experts the following Agree ment. The boundary line shall start from the buoy situated at Point Dungeness towards Point A of the triangulation, situated east of Shark Creek, and shown in the respective map, and shall continue northwards along the meridian as far as Point B on the high part of the cliffs which stretch west of Cape Vir- No. 68. (483) gins ; thence it shall follow to the west towards point C, from which it shall run in a straight line to Mount Dinero. Between Mount Dinero and Mount Aymond, as the chain of hillocks to which Article 2 of the Treaty refers does not exist, it has been agreed to select on the ground a series of conspicuous points shown on the map by the numbers stated as follows : — One at Mount Dinero. Six to the north-east of Mount Dinero. Ten to the west of the preceding one. Fourteen to the west of point 10. Twenty-six to the north-west of 14. Twenty-seven to the west of 26, and to the south of the houses of Condor Farm. Thirty-seven to the north-west of the preceding one, and to the north of the northernmost part of Possession Bay. Starting from point thirty-seven i^y) the line runs straight to Mount Aymond. As the boundary must run in a straight line from Mount Dinero as far as the intersection of parallel 52° south with the 70th meridian of longitude west of Greenwich, it has been agreed to determine this meridian by means of the transport of the time from Punta Arenas, a point of known longitude. The undersigned subscribe the present Act in duplicate.— Alvaro Donoso G., Juan A. Martin, Victor Caro Tagle, Atanasio Iturbe. No. 69. THE ARGENTINE LEGATION AT SANTIAGO ON THE DEMARCATION IN 1898. [Translated Extracts from the "Diario Oficial de la Republica de Chile"' July 7) 1898.] (Quoted on page 561 of the Statement.) The Argentine Plenipotentiary in Santiago, to the Chilean Minister for Foreign Affairs. Santiago, June 20, 1898. The Argentine Government has, for a long time past, earnestly and unceasingly looked forward to the definitive conclusion of the frontier question at the earliest possible date. To accom plish this object of. primary importance, the Minister for Foreign Affairs, Sefior Amancio Alcorta, submitted in 1896 to the Chilean Minister in Buenos Aires, Sefior Morla Vicuna, the idea of adopting by an agreement of the Governments, or simply of Quoted the Experts, the necessary measures to effect in as short a time as possible the exploration and survey of the whole Cordillera, and draw up the maps of the same. In this manner, the indis pensable elements for determining the frontier line along the whole of its extent would be obtained. The subject was dealt with by the Ministers mentioned, at various conferences. Senor Morla Vicuna found the plan No. 69. (485.)) suggested advantageous for both parties, and left Buenos Aire's with the resolve of supporting it before his Government. ***** On the other hand, the facts have corresponded to the wishes and assurances expressed by the Government I have the honour of representing. The operations and investigations carried out on the ground, under the direction of the Expert, Sefior Moreno, and by him personally, have supplied the know ledge that it was desired to acquire. At present the necessary office work is being carried out. In the month of August both Experts will meet, according to agreement, in order to decide as to the frontier line and fulfil their important mission. All the efforts of the Assistant Engineers being directed to the preparation of the elements required to definitively con clude the boundary question, the reply from the Argentine Sub-Commissions respecting one or more landmarks proposed by the Chilean Commissions was not urgent, nor had it any importance whatever. And it can be readily understood that the lack of a decision as to one or more landmarks could not practically delay the final solution of the question, since, once the ground is studied, the data obtained, and the maps made of the regions recently explored, the Experts, when they meet to propose and agree to a line, will necessarily have to decide as to those landmarks. If, on the contrary, the Sub-Commissions should have devoted themselves to discuss the erection of landmarks in more or less limited sections of the frontier, they would have left without investigating a portion of the Cordillera, which would have frustrated the plan of terminating the matter during this season. To sum up, without the agreement of the Experts of May 1 , 1897, an-d without the works carried out as a consequence thereof, the problem of the delimitation would have been pro longed still for many years, in the midst of uncertainties and No. 69. (486) alarms which are inherent thereto. I must add that the Argen tine Government are convinced that, had that Agreement been accepted when it was proposed, the question would have ended in 1897. I have been compelled to refer to these circumstances in order to refute the charge which, implicitly, if not explicitly, the Report of that department contains. I trust that, in view of their accuracy, Your Excellency will accept the preceding remarks as the expression of a desire to re-establish and determine the facts, and to leave a record once more of the anxiety of my Government to reach a prompt and absolute termination of the Boundary Question. I have, etc. N. PlNERO. No. 70. THE CHILEAN GOVERNMENT ON THE DEMARCATION IN 1898. [Translated Extracts from the "Diario Oficial de la Repiiblica de Chile," July 7) 1898.] (Quoted on page 562 of the Statement.) The Chilean Minister for Foreign Affairs to the Argentine Plenipotentiary at Santiago. — A reply to the foregoing. Santiago, July 4, 1898. ***** The delay in the carrying out of the works of the demarcation and the state of uncertainty in which the question has been maintained for so many years, have caused the two nations so much damage that your attitude in declining on behalf of Your Excellency's Government, to accept any responsibility for such delay is easy to understand and to explain; but on my part, I must state that the facts contained in the Report which has elicited Your Excellency's remarks, are unquestionably accurate. The Experts' Commissions were constituted in 1890, in conformity with the stipulations of the Treaty of 1881 and the Convention of 1888. In January of that year, the Government of Chile appointed their Expert ; but nothing could be done, because the Argentine Expert arrived in the month of April when it was already rnpossible to commence the work on the ground. No. 70. (488) It was agreed that the Commissions should meet at Santiago in October, but the Argentine Expert was prevented from attending the meeting at the time named. But for these mishaps, the works would have been com menced in the deserts of Atacama and Tierra del Fuego, and would not have been interrupted by our revolution in 1891. Public order was restored in September, and the Chilean Expert hastened to communicate this fact to his Argentine colleague, but the latter did not arrive until the January of 1892. The following season of 1 892-1893, was, for similar reasons, equally fruitless for the demarcation. It was in January 1894 that active work was commenced, but its results were scarcely satisfactory, for, if it is true that the delimitation of Tierra del Fuego, and of a great portion of the Magellanic territories has been tranquilly and happily ended, and that 33 landmarks have been erected on the extent of the frontier in the Cordillera de los Andes, it is also true that there are 1 1 1 landmarks which the Chilean Sub-Commissions have been proposing from year to year to the Argentine Sub-Com missions, without having been able to obtain that they be accepted or rejected. You will readily understand the immense importance that the acceptance or rejection of such landmarks would have upon the tranquillity and welfare of both countries. The former course would have led us to an agreement, to a common inter pretation of the treaty ; the latter would have led us before the Arbitrator ; in either case an amicable, dignified and honour able solution for the two nations. There has also been another cause of loss of time. In accord ance with what was agreed, the Argentine Commission should have had their office at Santiago ; but as a matter of fact, as soon as the works of demarcation and surveys on the ground No. 70. (489) were suspended, they (the Argentine Commission) took their departure. It is easily inferred that the immediate and un interrupted intercourse of the Experts and Sub-Commissions would have contributed greatly to facilitate their personal and official relations, to illustrate their opinions, to reconcile them, and, in any case to pave the way for speedy and cordial solutions which would obviate further vexatious controversy. The above facts suffice to show you how convinced the Chilean Government are that no responsibility rests with them for the delay in the demarcation of the boundaries, If the Quoted J p. 562. Chilean Commissions had been seconded in their action, the Boundary Demarcation would have been terminated in 1896 or 1897, for, either by agreement, or by arbitration, the mean ing of the Treaties would have been established. But Your Excellencies think that " all the efforts of the assistant engineers being directed to the preparation of the elements required to definitely conclude the Boundary Ques tion, the reply from the Argentine Sub-Commissions respecting one or more landmarks proposed by the Chilean Commissions was not urgent, and had no importance whatever." You attribute a decisive value, for the termination of the dispute, to the Agreement of May 1, 1897, and you state in your note, as I have already recalled, the fact that it was the Argentine Government who, in 1896, proposed the idea of prosecuting the investigation and survey of the Cordillera and of making a map of all that region, in order to be able to present within a short time the general line of the frontier. In this respect I beg to recall to you that the Chilean Govern- Quoted p. 562. ment as well as their Expert accepted the idea of the Argentine Government immediately that it was proposed. If the written agreement was not arrived at prior to May 1, 1887, it was not, as undoubtedly you will remember, because the idea was op posed on the part of Chile. And it hardly could have resisted it, since this Government No. 70. ( 490 ) had never thought that the Agreement of May implied the Quoted abandonment of the course to be followed according to the p' s 2 treaties. In any case, Mr. Minister, it is not my intention at the present moment to demonstrate the keen desire which my Government has always shown for the termination of the pro tracted controversies. I am pleased to think that such termination is near. In August, as agreed, the Experts will propose the general line of the frontier, and if unfortunately, having regard to the nature of their functions, they should not reach a final Agree ment during that month, I trust that the Governments will be more fortunate, and that, in any case, they will not forget the obligation, stipulated five times in solemn Treaties, which prescribes Arbitration as the final, ineludible, ample and un restricted solution. ***** I am, etc. J. J. Latorre. No. 71. THE EXPERTS' AGREEMENT IN 1897 AS TO THE PRESENTATION OF PROPOSALS FOR A GENERAL FRONTIER LINE. [Translated from " Memoria de Relaciones Esteriores de Chile," 1896, Docs.:, pp. 27-30.] (Quoted on page 562 of the Statement.) Enclosure A. Agreement of the Experts. IN the city of Santiago de Chile, on the ist of May, 1897, the undersigned Experts, Sefior Don Diego Barros Arana, on be half of the Republic of Chile, and Don Francisco P. Moreno on behalf of the Argentine Republic, having met in the Inter national Boundary Office, after exchanging views regarding the means of hastening and giving impetus to the work of demarcation, with the object of being enabled to decide on the general frontier line at the end of next season of operations, thus satisfying the desires of the Governments they represent, agreed, exercising the faculty conferred on them by clause 2 of the Convention between the Argentine Republic and Chile dated August 20, 1888 : — 1. — To request from their respective Governments the ap pointment of three first, and three second class assistants, who shall form three new Sub-Commissions to work in the Cordil lera de los Andes. The said Sub-Commissions shall carry out their operations : the first from latitude 410 to 440 S. ; the No. 71. ( 492 ) second from lat. 44° to 47° S., and the third from lat. 470 to 49° .3°' S., approximately. 2. — To request, likewise, from their respective Govern ments the appointment of the number of auxiliaries required for carrying on with all activity the work of the new Sub- Commissions, as well as that of those at present existing. 3. — If, during the operations, differences should arise be tween the respective assistants, as to the location of the boun dary line, the work of reconnaissance and survey of the ground shall be continued without interruption till the end of the season. The Experts drew up and signed twa copies, of - the present Record. F. P. Moreno, Diego Barros Arana,' Diegd Gonzalez Vic- torica, Alejandro Bertrand. Enclosure B. The Chilean Expert to the Chilean Government. Santiago, May 5, 1897. Mr.. Minister, — I have the honour of laying before you the Agreement drawn up with the Argentine Expert, with the object of giving more impetus to the work of the demarcation of the Chilean- Argentine Boundary in the Cordillera de los Andes. With the aforesaid object, as may be seen from the Record of our Conference of May 1, a copy of which I beg to enclose, we have agreed to request of our respective Governments the appointment of six assistants and the other auxiliaries necessary for the organization of three fresh Commissions, and an increase in the staff of the existing ones, in order that they may be able to extend their radius of action. The appointment of these assistants and auxiliaries will not be required before the end of next winter; it is urgent, however No. 71. ( 493 ) that the supreme Government should decide immediately whether they accept our agreement, because, if they do so, it will be necessary to obtain from Europe, without delay, the instruments which would be required for the use of the new Commissions, and the majority of which are not to be found in this country. For this object it will be necessary to make use, for the moment, of the funds destined for the com mencement of the works of the present Commissions during next season, relying on a grant by Congress of additional funds to reimburse the former, and to defray the salaries, outfit, purchase of horses and provisions for the three fresh Commis sions, the total amount of which would not be under $50,000. I trust you will be good enough to inform me as to the de cision of the Government on this matter at the earliest possible date, in order that I may take the steps indicated. I am, etc. Diego Barros Arana. Enclosure C. The Chilean Government to their Expert. Ministry for Foreign Affairs of Chile, Santiago, May 5, 1897. Sir, — I have had the honour to receive your communication, No. 15, dated May 5, and with it the copy of the Record of the conference you held on the ist instant with the Expert of the Argentine Republic, wherein reference is made to the Agree ment then arrived at for the purpose of giving impetus to the operations of the demarcation of the Chilean-Argentine boun dary in the Cordillera de los Andes. The Government of Chile sanction, on their part, that opportune agreement ; they are prepared to appoint, on your proposal and whenever you consider it advisable, the six assist- No. 71. (494) ants and other auxiliaries you may deem necessary for the organization of the three fresh commissions to which the Agree ment refers, to increase the staff of the existing ones, and to authorize the sending to Europe for the necessary instruments to enable the fresh Commissions to operate, applying to this purpose the funds destined for the expenses connected with the commencement of the works of the present Commission during next season. The Government will take the first opportunity of asking Congress for supplementary funds to replace those which may now be spent in the acquisition of fresh instruments, in the payment of salaries and equipment of the staff, and in the pur chase of animals and provisions for the three fresh Commissions which it has been agreed to create. The expectation that an Agreement should be reached regarding the general frontier line at the end of the next season of operations, is in accord with the ardent desire of the Govern ment and you may count upon their decided co-operation in carrying it out. I am, etc. C. Morla Vicuna. No. 72. THE CHILEAN EXPERT ON THE DELAYS OCCURRING IN THE DEMARCATION. [ Translated from a copy at the Chilean Legation.] (Quoted on page 566 of the Statement.) The Chilean Expert to the Argentine Expert. Santiago, May n, ii Mr. Expert, — Under date of the 9th of April of last year I had the honour of addressing to you a communication with the object of in viting you to put an end as soon as possible to the state of indecision and delay in which several sections of the demarca tion under our charge were to be found. In that communi cation I recalled to you that such delay was due exclusively to the conduct of the Argentine Sub-Commissions, some of which had not proposed, accepted or rejected any landmark what soever during four consecutive seasons of work. In reply to that communication and to a subsequent one which I forwarded to you under date of April 25, you addressed me those dated respectively the 21st and 26th of the same month. Recalling also the facts adduced by me and deploring the delay to which they gave rise, you reiterated to me your intention of hastening the demarcation as much as possible. In the latter of these communications you adduced to me, as an anticipated No. 72. (496) proof of your efforts to comply with the technical task devol ving upon you, " the extent of the demarcation during this season " (1897), anQl y°u promised me that the surveys already carried out " would permit the continuation of the demarca tion with all rapidity during the next season" (1898). On the ist of May, 1897, on the same day on which you handed me the last of these communications, and with it the formal promise I have recalled, we drew up an agreement designed to " Give impetus to and hasten the works of the demarcation/' by which three fresh Sub-Commissions were entrusted with the operations between 41 ° and 490 S. Lat. It was therein agreed that, if, during the operations, diver gences should arise between the respective assistants as to the location of the boundary line, the works of reconnaissance and survey of the ground should be prosecuted without interrup tion until the end of the season. The promises contained in your communication quoted, and which you repeated to me verbally at different times, and the creation of three fresh demarcating Sub-Commissions, in addition to the six which existed already, gave reason to hope that, in the season of 1898, the works of the demarcation would progress considerably. In view of these antecedents and these expectations, it was believed at our conference of May 1, 1897 that, at the end of the working season of 1898, we, the Experts, would find our selves in a position to present to our respective Governments a general frontier line. Wishing to respond to this common aspiration, the Chilean Commission organized, independently, exploring expeditions to investigate those points upon which we had not sufficient knowledge, and which the demarcating Commissions would probably be unable to reach. In spite of these steps, their result has not corresponded in any manner to the hope entertained. It is, therefore, painful but indispensable for me to state that, if the " extent of the demarcation " carried out in the Cordillera during the season No. 72. ( 497 ) of 1897 was very insignificant, the planting of landmarks during the recent season has been nil, owing to the same reasons which have caused the delays on previous occasions. To the requests of the Chilean Sub-Commissions to obtain an answer from their Argentine colleagues to the proposals made in the previous year to fix landmarks in certain places and to the further similar proposals made during the present season, they have simply replied that they are still not in a position to give a definite answer, or that their works should consist, not in demarcating, but in carrying out the necessary investigations in order to present a general frontier line. More over, in the case of one of the engineers under your orders agreeing to accept ten landmarks proposed, he did so with the reservation that, in case they should themselves reach a solution in the matter, he had to consult you previously. Now, as you left Santiago about that period and went to places hundreds of miles apart, where it was impossible for any communication to reach you, such restrictions of the powers of the demarcating Commissions created real embarrassment to the promised activity in the works of the demarcation. I deem it my bounden duty to state here in the most con clusive and explicit manner that the arbitrary sense the en gineers under your orders have attempted to give to the Agree ment of May ist is contrary to its letter and to the circumstances which gave rise to it, and that there is not in its text any expres sion whatsoever involving the idea of suspension of the opera tions of the demarcation during the season of 1898. Such suspension, expressly prohibited by Clause 7 of the Protocol of 1893, could not be sanctioned by the Experts. Moreover, the demarcating Sub-Commission entrusted with the operations on the ground could not in any case have suspended their tasks without clear and precise instructions signed by the two Ex perts ; and those Instructions had not been given them ; therefore, the line of action taken by^those who have abstained F No. 72. (498) from continuing the operation of planting landmarks, is com pletely irregular. I cannot imagine either that you should have entertained the idea of suspending the work of the demarcation on the same day upon which you placed in my hands your com munication in which you stated to me in such a categorical manner that the planting of landmarks would continue with all rapidity during the next season. In any case, I must state that you never gave me to understand, either explicitly or implicitly, that you entertained such ideas ; and that, on the contrary, whenever we spoke of the matter in the following month and until your return to Buenos Aires, you repeated to me the same ideas. In view of these circumstances, you will readily understand my surprise when I was first informed of the replies which the Argentine Sub-Commissions gave to the proposals of the Chilean Assistants for the planting of the landmarks of the demarcation. If you had been then in Santiago or at a place where my communications could have reached you in due course, I would have actively protested against the action of the Sub-Commissions under your orders ; and surely the plant ing of landmarks would have progressed in the season which is now at an end. In this sense, your being hundreds of leagues distant, and at places with which easy communication was impossible, has contributed to the fact that the practical works in the demarcation in the Cordillera have not advanced one step during the season which is now at an end. This lamentable result, like the delay on the part of the Argentine Sub-Commission to give a reply, — whether accepting or rejecting the numerous propositions for the planting of land marks made by the Chilean Sub-Commission and which are pending up to now, some of them from 4 or 5 years back, — make the progress and termination of the work entrusted to us by our respective Governments become more and more indefinite. No. 72. ( 499 ) In one of your communications (that of April 21, 1897), you assured me that there did not exist "fundamental divergences" between the demarcating commissions of both countries. Had this been really so, the demarcation would have progressed with much more rapidity, and the landmarks proposed by the Chilean Sub-Commission would have been either accepted or rejected, instead of being at a standstill for years without our getting a definite and explicit reply. This situation is still more irregular respecting the Rilul landmark, proposed by the fourth Chilean Sub-Commission on the 7th of March, 1896, and rejected by the Argentine Sub-Commission. This material divergence which we, the Experts, should study in order to try to over come it, or in the event of not reaching an agreement, to lay it before our Government as a case upon which an arbitrator should decide, is still pending. In spite of your having inti mated to me a year ago, that according to your communication of April 5, 1897, y°u would soon be in a position to accept or reject the proposed landmarks at Rilul, all that season passed, as also the one which is now at an end, without my obtaining a reply from you. Believing, therefore, that in these antecedents there exist fundamental differences which impede the regular continuation of the work of demarcation, I deem it my bounden duty to request explanations which will place us in a position to expe dite the demarcation, thus carrying out the desires, so many times expressed by our Governments, and the aspirations of both countries, to see all cause of apprehension concerning their amicable relations removed. From the very first meeting I had with your predecessor, Sefior Don Octavio Pico, in January 1892, in order to deal with the carrying out of the operations of the demarcation, I had occasion to explain clearly to him that, in my opinion, the essential and absolute character of the boundary line stipulated in the Treaty of 1881, was that of dividing the waters which No. 72. (500) irrigate both countries. On several occasions I made similar declarations to your other predecessors, Sefiores Virasoro and Quirno Costa. Your predecessors named, though not cate gorically accepting this fundamental principle, did not clearly repudiate it, nor did they propose another instead, whereby one could know the characteristics of the line which, in their opinion, should be adopted in the demarcation. The fixing and ap proval of landmarks in the Cordillera, in accordance with the fundamental idea maintained by the Chilean Expert as the unquestionably logical application of the boundary treaties, would lead one to suppose that this was a definitely agreed point between both parties, and that there do not exist " funda mental divergences " in the demarcation ; but the indefinite postponement of the acceptance or rejection of the 56 landmarks which are pending, some of them since 1894 and 1895, show that the agreement to which you refer is not effective. I have, however, vainly sought in the declarations of your predecessor, as in the publications made against the principle I maintain, — which until now has served as the basis for the demarcation, — some clear definition of the precise features of " the Andean cordon," which, as may be gathered from them, the Argentine Sub-Commissions are at present looking for. In vain, too, have I asked myself, over and over again, upon which clauses of the Treaty such a definition is based. The only thing upon which I have no doubt whatsoever is that you and your Commissions are not disposed to accept the only line which passes continuously between the sources which flow respectively towards Chile and the Argentine Republic. To continue maintaining, in the face of these facts, that there do not exist " fundamental divergences," would be, in my judgment, Mr. Expert, unworthy of the high posts we fill by reason of the confidence with which our respective Govern ments have honoured us. So fundamental, on the contrary, is the divergence of opinion No. 72. (501 ) in the application of the treaties, that it may be considered beforehand as irreducible, and necessarily that implies its useless- ness for the object of the demarcation of a great portion of the ground in which surveys are being carried out by both parties. Since there exists this divergence, which, moreover, is not due to a slight indecision in the planting of one or more land- QLl0jgd marks, but to a fundamental disagreement proceeding from a different interpretation of the more important provisions of the Treaty of Limits, I believe, Mr. Expert, that the moment has arrived for you to give a substantial form to the bases of delimi tation to which the Argentine Sub-Commissions confine them selves at present, whether by means of a precise and unmis takable formula, or by the geographical tracing of the general frontier line in the extent in which this be actually possible for you, within the period referred to in the preamble of the Agreement of May 1, 1897. Whatever the form may be, and whatever the extent as to which these data may refer, I have sufficient antecedents to know that they will provide abundant material for us, in the fulfilment of our duty, either to arrive at an agreement or to submit the divergences resulting therefrom without delay to our respective Governments, so as to place them in a position to apply, as soon as they may consider it advisable, to the decision of the Arbitrator designated in 1896. Wishing, now more than ever, to bring to an end the period of indecision and delays so prejudicial to both countries, through Quoted which the demarcation of the Andean boundary in its sections p' 5 of greater interest is now passing ; interpreting as the expres" sion of your desire, the proposal which gave rise to the above- mentioned Agreement of May 1, I have wished to avail myself of your return by inviting you to join me in giving a tangible form to the divergence, the importance of which even those alien to the work of demarcation are not ignorant of. In laying these remarks before you, I am, etc. Diego Barros Arana. No. 73. THE ARGENTINE EXPERT ON THE DEMARCATION WORK. [Translated from a copy at the Chilean Legation.] (Quoted on page 566 of the Statement.) The Argentine Expert to the Chilean Expert. Santiago, May 12, 1898. Mr. Expert,— I hasten to reply to your note dated yesterday which I received on the same date. The little time at my disposal, — - occupied as I am in making preparations to fulfil, within the appointed time, my part of the obligations we contracted on the 1st instant, — does not permit me, at least for the present, to enter into any detail of the facts to which your communica tions of the 9th and 26th of April last refer, quoted in your note to which this is a reply, and my answers to same dated 9th and 26th ultimo. I may simply mention to you that, if the latter note did not reach your hands until the ist of May, it was delivered at the Secretary's Office of the Chilean Commission on the day following its date. The Agreement of May 1st, — drawn up at my suggestion and as a consequence of my firm resolve to avoid delay as much as possible and to end as soon as practicable the operations of fixing the frontier of the Argentine Republic with that of Chile in conformity with the Treaties in force, thus satisfying the No. 73. (503) wishes of my Government — was subscribed to on my part with the object of preventing discussions from arising, respecting the manner in which the Experts or their Assistants might interpret the Treaties we are called upon to give full effect to. A great portion of the time which has elapsed since 1890 up to this date has been employed in these discussions, which have brought into the demarcation of the frontier between our re spective countries more disadvantages than benefits. When accepting the honourable post I hold, I did so with the profound conviction that my functions were exclusively of a geographical character and that the letter of the treaties was to be applied on the ground, and animated by the desire of removing everything that might embarrass their strict fulfil ment. The Treaty of 1 88 1 says, in Article I., that the boundary between the Argentine Republic and that of Chile is from north to south, as far as the 52nd parallel of south latitude the Cor dillera de los Andes ; that the boundary line shall run in that extent over the highest summits of the said Cordillera which divide the waters, and shall pass between the " vertientes " which start on either side. The Protocol of 1893, inter pretative and explanatory of the Treaty of 1881, establishes, also in Article I., that the Experts shall hold as the invariable rule in their proceedings the geographical line agreed to in the said Treaty and that " consequently, there shall be held as perpetually belonging to the Argentine Republic and as under its absolute dominion all the lands and all the waters, to wit : lakes, lagoons, rivers and parts of rivers, brooks, springs iver tientes) lying to the east of the line of the highest summits of the Cordillera de los Andes which divide the waters ; and, as the property and under the absolute dominion of Chile, all the lands and all the waters, to wit : lakes, lagoons, rivers and parts of rivers, brooks, springs lying to the west of the highest sum mits of the Cordillera de los Andes which divide the waters," and, according to Article VI. of this Convention for the effects No. 73. : . ( 504 ) of the demarcation, " the Experts, or in their place, the Com missions of Assistant Engineers acting on the instructions given to them by the former, shall seek the boundary line on the ground and carry out the demarcation by means of iron land marks of the kind already agreed upon, placing one on each pass or accessible part of the mountain which is situated on the boundary line." The Agreement of April 17, 1896, in its first basis extends the boundary line, the determination of which must be carried out in conformity with the Treaty of 1 88 1 and the Protocol of 1893 as far as parallel 230 of South latitude. The Convention of 1888 says, in Clause III., that the Experts shall carry out on the ground the demarcation of the lines indicated in Articles I., II. and III. of the Boundary Treaty ; in Clause IV. that the Experts may, however, entrust the execution of the work to commissions of assistants. The instructions which, under date of January 1 , 1 894, the Experts agreed to for the demarcation in the Cordillera de los Andes, in its chapter entitled " Preliminary Operations," Article III. j says : " The chiefs of each joint Sub-Commission shall form by joint accord a plan of the work for each season and they shall form an approximate list of the points where it is proposed to erect landmarks. They shall search on the ground for the boundary line, and they shall effect the demarcation by means of iron landmarks of the kind already agreed upon, placing one upon each pass or accessible point of the mountain which is situated on the boundary line " ; and, in the chapter on the " Operations on the Ground " following that on the " Prelimin ary Operations," Article V. stipulates that the Sub-Commissions that should operate in the Cordillera de los Andes " shall hold, as the invariable rule of their proceedings, the principle estab lished in the first part of Article I. of the Treaty of 1881, and that, therefore, those Sub-Commissions shall investigate the location,' in the said Cordillera, of the main chain of the Andes, in order to search on the ground for the highest summits No. 73. ( 505 ) which divide the waters, and shall determine the boundary line in its accessible parts, making it to pass between the ' vertientes ' which start on either side." Guided therefore by the Treaty of 1881, the Protocol of 1893, the Convention of 1888, the Agreement of 1896 and the Instructions of the Experts of January 1, 1894, for the operations of the demar cation in the Cordillera de los Andes, in that part referring to the preliminary investigations and operations upon the ground (Article V.), I have incessantly attempted, from the moment of my appointment until now, to carry out in the Cordillera de los Andes, the operations I have considered necessary for the delimitation of the frontier between the Argentine Republic and that of Chile. In my communication of April 21 of last year, I stated the manner in which I understand my duties of Expert in the following terms : " An Expert cannot accept the limitation of the investigation which he may deem necessary in order to comply with the stipulations of the Treaties, because he must have perfect knowledge of the ground in order to look for the boundary line according to his own judgment, and cannot, therefore, be hindered in the operations he may direct, provided they have no other object than that indicated. The Experts have given, by joint accord, some instructions for the demarcation, but these do not prevent them, each, without abandoning the general plan of the work, from arranging that their Assistants should furnish them with the elements they may need in order to form an opinion as to the conditions of the ground of the operations, wherever they may not be able to carry out personally the demarcation of the frontier line upon the ground." Under this impression I signed the obligation of May ist, subsequent to my declarations, and understanding by demarcation work every investiga- ^u^d tion of the ground which in this case might contribute to the better knowledge of the geography of the Cordillera de los Andes in which is included the immovable boundary be No. 73. (506) tween the Argentine Republic and that of Chile, — a knowledge without which it is impossible to carry out the demarcation of the Argentine Chilean frontier and the investigation which, in all countries of the world, invariably precedes the deter mination of the frontiers. Besides, I have always considered that the necessity of these previous surveys is implicitly acknow ledged in the Instructions which the Experts have subscribed, because it would be materially impossible otherwise for the Sub-Commissions to give effect to the preliminary operation of forming a plan of the work for the season and an approximate list of the points where they propose to erect landmarks. The special instructions which I have given to the Assistants under my orders had for their main object the fulfilment on my part — which I insisted on when we exchanged views for the wording of the Record of May ist of last year — of the obli gation to hasten the work of the demarcation in the Cordillera de los Andes, so that we, the Experts, might find ourselves " in a position to decide as to the general frontier line at the end of the present season." Had I acted in the contrary manner, that is to say, in the manner understood by you, materially demarcating in detail the Andean line, I could not have ful filled my obligation, since such a procedure, — which must in any case be subsequent to the sitrvey of the ground without Quoted p. 567. which, I repeat, frontiers are never marked out, especially in such a complicated mountainous region as is the Cordillera de los Andes between 23° and 530 of south latitude. The realiza tion of the wishes of my Government and my own, which are — as I have repeatedly expressed to you in writing and verbally — to terminate in the shortest time possible the delimitation of the frontier with the Republic of Chile, in accordance with the Treaties in force, would then have been rendered impossible from the first moment. I consider that you are led into an error when you say that " the arbitrary sense " which the Engineers under my orders No. 73 ( 507 ) " have attempted to give to the Agreement of May 1 is contrary to its letter and to the circumstances which gave rise to it, and that there is not in its text any expression whatsoever involving the idea of suspending the operations of the demarcation during the season of 1898." You will allow me to remind you that the agreement of the Governments of the Argentine Republic and Chile, dated April 17, 1896, considers, as operations of the demarcation, the investigation of the ground, and that you were of the same opinion when ordering, without my previous consent, the investigation of that part of the Cordillera de los Andes, to which basis 1 of that agreement refers, which stretches between parallels 23°and 260 52'' 45", "in order that you might be in a position to give effect to basis 1 of the Agreement of April 17, 1896" (I believe these are the words employed by you when transmitting to me at Buenos Aires your resolution), previous to my arrival at Santiago to act as Expert, and there fore, before agreeing to the " clear and precise " instructions signed by the two Experts, which are those which you say my engineers must have received prior to acting as they have done, in compliance with my instructions, and which I have given with the same right as you had to give them to your demar cating engineers in the Andean region mentioned. For my part, I then considered your action as regular, and I did not offer any objection to the operations of the demarcation between 230 and 26° 52' 45" being carried out as you under stood it. Moreover, my note of April 21 of last year, replying to yours of the 9th of the same month, ended by stating that in it you would find the loyal expression of my wish of complying with the stipulations contained in the treaties which serve us as a guide, for which "we have decided," I said, "that the investi gations of the Sub-Commissions should extend to the whole region which, in the judgment of the respective Experts, might contain the line of demarcation." You have not observed to me that I was in error when expressing such a resolution, and No. 73. (508 ) it is with your knowledge of this that we have signed the obli gation of May 1, 1897. It is not possible for me at this moment to go into a detailed refutation of the numerous points which you touch upon in the note to which I am replying, but I shall do so as soon as the occupations which absorb all my time, tending to demon strate without doubt the loyalty of my proceedings, may per mit ; and I shall simply deal with some of them which I consider it necessary to clear up immediately. Previous to contracting the obligation of May ist of last year, we exchanged ideas on that same day regarding the manner of determining the general frontier line by the end of the present season, and I proposed to you the creation of a larger number of Sub-Commissions, which was not accepted because it was considered that it would be very difficult, if not impossible, to obtain in Chile as many en gineers as would be necessary to form them, in view of which we agreed to request of our Governments the creation of only three Sub-Commissions that were to work between parallels 41° and 49° 30* of South latitude. I then urged the necessity of having a fresh Sub-Commission that should work to the south of 30°, in order that the first Sub-Commission might occupy itself, with all its staff, in the zone the demarcation of which had commenced north of the said parallel, and, as you did not accept my proposition, for the reason already given, I decided, when tracing the plan of work for the season which is now at an end, to divide this Sub-Commission into two sec tions, one of which, the northern one, would continue the work commenced, and the other one would proceed with it to the south as far as the Valle de los Patos. You are familiar with this resolution since it was communicated to you by a telegram of the fourth of last October, which informed you of the depar ture of some Argentine Sub-Commissions for the ground of operations, a telegram which was amplified by another one of the 29th of that month. In those telegrams I stated the dis- No. 73. ( 509 ) tribution of the staff, and also my intention of reconnoitring all the extent of the Cordillera which comprises the demarcation, from 2 30 as far as 520 ; and, in my opinion, the indication of the several points where I had distributed that staff, so distant one from another, and from the several zones assigned in the previous instructions and which were new to the Sub-Com missions, was sufficient to show that, unless with great loss of time, it would be impossible for the Assistants, who were to survey each zone, to meet, and therefore the acceptance or rejec tion of landmarks, in case they should be proposed by the respective Chilean Sub-Commissions, would be impossible. Between planting landmarks, — an operation which in any case, would have required a previous detailed investigation of the ground, rendering impossible the fulfilment of the Agreement desired by the two nations we represent — and surveying the ground of the demarcation so that once acquainted with the result of those surveys, I might fulfil the said obligation, I decided to adopt the latter course. The restriction on my part of the powers of the demarcating Sub-Commissions, I do not think exists either, since, by the Experts' Agreement, of April 17, of last year, the second-class Assistants, or auxiliaries of the demarcating Sub-Commission, were provisionally authorized to fulfil the functions of Chief Assistants, only in case of the illness of the latter or of their absence from the ground of the demarcation, a case which has not arisen in the present season; and, respecting the Argentine Sub-Commissions, as these are composed of two Assistants, according to the Convention of 1888, who are therefore both of them responsible for the operations they may carry out, it is not possible for them to decide upon the erection of landmarks without being previously in accord amongst themselves and without my consent, because on my part I have not delegated in any way the duties imposed upon me by the Treaties and Clause III. of the Convention of 1888. I am aware of the No. 73. (510 ) responsibility connected with the high office with which I have been honoured by the Government of my country, and I fill it in such a manner as, I have the profound conviction, is the only one which can avoid the repetition of difficulties, of the kind of which some have arisen since 1892 and which have contributed to cause the uncertainties which happily will be over shortly. I regret to be of a different opinion from yours, and I now come to the part which concerns me most of the communication to which I am replying, respecting the claims of the Sub-Com mission under your orders laid before those under mine, owing to the answer which they have given to the proposals which have been made to them during this season for the erection of boun dary landmarks, and I do not admit the charge you make against me of being absent from Santiago, " some hundreds of leagues " and " at places with which easy communication was impossible, owing to which the actual work of demarcation in the Cordillera has not advanced one single step." I have issued the instructions to which you refer, being assured that, only if they are complied with by my engineers, can I reach on my part the desired end of this long question. I firmly believe that, during the season now ending, " the actual work of demar cation in the Cordillera " has advanced more than it has since the beginning of the Experts' work in 1890, and you will admit this once you receive the information which I shall trans mit to you as soon as the office work relating to this season has been done. I cannot blindly accept, in my capacity of Expert, the determination of the frontier line, without exposing myself to contribute in rendering it difficult and in prolonging our dissensions ; and I must await those results before authorizing, on my part, the proposals which the engineers under my orders will make of materially demarcating extensive zones of the Cordillera de los Andes, — a demarcation in which the landmarks proposed will not be counted by tens, but by hundreds, and to No. 73. (5n ) which my journey, the object of which I intimated to you verbally when I had the honour of announcing it, will greatly contribute. If your reference to my absence at hundreds of leagues from Santiago were to involve a charge against me, I repudiate it with all the energy I am capable of. In carrying out my journey I have fulfilled my duties as Expert, so as to enable myself to comply with our obligations, with a complete knowledge of the facts related thereto ; and, therefore, I strongly reject the slightest insinuation that the investigations in the Andean region which I have just carried out, have been made with the object of delaying the fulfilment of our agreement of May ist, which I shall accomplish on my part immediately after the Sub-Commissions under my orders have provided me, within this season, with the elements I require. It is in view of the aforesaid that I consider it unnecessary at present to enter into explanations upon the landmarks pro posed by the Chilean Sub-Commissions to the Argentine Sub- Commissions in previous seasons and in the present one, because the reply to those propositions will be included in the agreement to which the Record of May ist refers, without any desire exist ing, on the part of those Sub-Commissions, to elude the stipu lations contained in the Treaty and agreements in force, as to their referring to the divergences which might arise from those replies and which are foreseen by the Agreements themselves. This is the proper moment for presenting to you a proof of the difficulties which the act of hastening the demarcation might create, if prior to proposing the actual demarcation, the investigation demanded by such a serious question as the tracing of the line of the international frontiers, clearly stipulated, has not been carried out. During the present season the Chief of the Chilean Sub-Commission No. 8 has proposed to the respective Argentine Sub-Commission to demarcate, from 440 southwards over an extent of 30 kilometres, " the water-parting line " No. 73. (512) comprised between " the range of hills bordering the basin of the Nerivao stream, an affluent of the River Jeriua, and that of the River Palena," that is to say, at the points designated as " high, stony pampa " {Pampa alta pedregosd) in the " Carta jeneral de la Patagonia occidental " constructed last year by the Chilean Boundary Commission ; the said Chief is, however, still ignorant as to whether the waters really flow to the River Palena, or at least, the greater part of them, which irrigate the region which he proposes to demarcate. Up to this moment it has not been ascertained whether the River Pico is an affluent of the Palena, nor has the Chilean Boundary Sub- Commission made any investigations to find this out. Senor Barrios' note has not been answered by the Argentine Chief Assistant, because the latter has not been informed yet of its contents, having been, up to a week ago, in the interior of the Cordillera between 44° and 45", effecting the investigation con nected with his mission. The said proposal will not be con sidered by the Argentine Sub-Commissions, as the " water- divide " proposed as the international boundary is situated outside the Cordillera de los Andes, — a very common phenome non in the southern part of this continent, and one which was verified in the vicinity of the 52nd degree of latitude by the learned engineer-in-chief of the Chilean Commission. The work of demarcation must be carried out only in " the Cordil lera de los Andes," and, while the Treaty of 1881 and Protocol of 1893 are in force, neither the Sub-Commissions, nor the Experts, nor the Argentine or Chilean Government may extend it, or cause it to be made outside of that Cordillera. Your communication ends by inviting me to give a specific form to the bases of delimitation now followed by the Argentine Sub-Commissions, "whether by means of a precise and unmis takable formula, or by the geographical tracing of the general frontier line, in the extent in which this be actually possible for me, within the period referred to in the preamble of the agree- N.o 73. (513) mentofMay 1, 1897, — an invitation which I beg to say is not oppor tune, as this period has been determined, and you have no reason for supposing for a moment that I should fail to fulfil my part of an agreement which I was the first to propose. Further more, you point out to me the essential and absolute character of the boundary line prescribed by the Treaty of 1881, which, in your opinion, is that of dividing the waters which irrigate both countries, — a fact which you tell me you stated in January 1892 to my predecessor, Don Octavio Pico, and later to the other predecessors in the office which I now hold, Sefiores Virasoro and Quirno Costa. You must permit me not to consider here the statement of your views with regard to the boundary line. We, as Experts, have no other duty than that of tracing the frontier in strict accordance with the stipulations, which deter mine the Cordillera de los Andes as the boundary between the two nations which we represent in this question, and which, as shown in the texts of the agreements of 1881 and 1893, provide, besides, that the boundary line " shall run over the highest summits of the said Cordillera which divide the waters, and shall pass between the ' vertientes ' which start on either side." I cannot, therefore, discuss interpretations of the Treaties, and thereby reopen a fruitless debate which I think it expedient to consider as ended. Having answered the principal points of your communica tion of yesterday, I have, etc. F. P". Moreno, Enrique Lynch Arribalzaga. No. 74. THE ARGENTINE EXPERT ON THE DEMARCATION WORK. [This translation follows nearly that given in the Argentine Statement, foot. note p. 347.] (Quoted on page 566 of the Statement.) The Argentine Expert to the Chilean Expert. Buenos Aires, June 26, 1898. Mr. Expert, — I have received your note of May 22nd last, to which I proceed to reply. You inform me that a conference having been held on May 14 last, at which we were present, in the office of His Excellency, the President of the Republic of Chile, at which I announced my approaching journey to this capital, and my return to Santiago in the month of August, which was fixed for the discussion of a general frontier line, in accord ance with the information we might both have collected, — by this agreement the main object you had in view in addressing to me your communication of the nth of the same month was fulfilled. I regret to have to revert to this " main object," and must again insist that you could not have pointed out to me the importance of carrying out my undertaking, you being aware of the exertions made and which are still being made by the No. 74. C 515 ) Sub-Commissions under my orders, to enable me to carry it out,— exertions which exceed those of the Sub-Commissions under your charge. I remember that, at the meeting referred to, you said that, the region of the Cordillera between lat. 470 and 490 30' S. being completely unknown to you, the general frontier line would be settled, in that part, in accordance with the plans and investigations which the Argentine Commission might submit. It was I who, on April 21, 1897, proposed to His Excellency the President of Chile that, for the purpose of terminating, in the shortest time possible, the demarcation of the international boundary, you should be given the same facilities as those ac corded to me by my Government, so that, by increasing the number of Sub-Commissions and providing them with further elements we should be able to hasten our operations and find ourselves in a position to decide, by the end of the coming season, that is to say, during the present months, the general boundary line ; repeating at that time what I had already stated to you several times, as to the necessity for preliminary investi gations which always precede the demarcation of frontiers in every country in the world. It was in view of this proposal that the Chilean Minister for Foreign Affairs, Sefior Morla Vicuna, suggested to you that we, the Experts, should agree together and carry out all the work which might enable us to decide as to the dividing line in the time named, and you will recollect that, during the exchange of views preceding the statement of May 1, owing to the doubts expressed by you of our not being able to carry out, in so short a time, such extensive labours, I intimated that, for my part, I should be ready by the time named. I then repeated to you that my Government would supply me with all I might require, as they were very desirous of bringing this lengthy boundary question to a conclusion as early as possible. No. 74. (516) If you entertained any doubt as to the possibility of satis fying the desires expressed to us by our Governments, as to the expediency of determining in the coming season a general fron tier line, the doubts which I then entertained, were not because I thought my efforts would be insufficient, but because you did not believe you could accept the five new Sub-Commissions which I proposed, but only one to work south of lat. 410. You con sidered it impossible to find a sufficient number of surveyors in Chile necessary for the new Sub-Commissions, while, on my part, I had the required number of them. It being agreed that it was impossible for a single Sub-Commission to survey 9 degrees in one season, we decided to create three new Sub- Commissions, instead of five proposed by me, I contenting myself with increasing the number of Assistants in each of my Sub-Commissions. It was necessary that the rumours of possible grave difficul ties between the two nations which we represented, should cease, and to effect this it was indispensable that we, the Ex perts, should have the necessary data to form our own opinion with respect to all the territory on which the frontier line would be traced in accordance with the Treaties in force ; I considering that the procedure followed up to the present — which has no precedent in the world — of fixing in detail the boundaries of a frontier, the general features of which were almost completely unknown, would oblige me to make continual investigations which would have required many years. I had communicated to His Excellency the President of Chile what my views were regarding the operations of the demarca tion, and the necessity of carrying out, prior to fixing the boundaries in detail, a preliminary survey of the Cordillera de los Andes, so as to be able to locate within that Cordillera the general frontier line in accordance with the Treaties ; and it was, therefore, my duty to take all the precautions possible, No. 74. ( 517 ) so that my views, which were to be converted into an agree ment between the two nations, should be carried out in an un mistakable manner. I have, therefore, seen with surprise, that you, ignoring my priority in the intention of practically carrying out the desire so frequently manifested by the Governments of Argentina and Chile, have attempted to urge me to fulfil my duty, and you continue to state in reference to this, that you were satisfied with what was decided at the meeting of May 14. The time will come, Mr. Expert, when I shall prove that it is not the Argentine Expert who has wished to delay the definite solution of the protracted boundary question. Then the work of the Chilean and Argentine Engineers will be examined, and it will be known whether the Argentine Sub-Commission have acted rightly or wrongly in rejecting proposals which, if ac cepted, would have completely destroyed the hopes which the two nations we represent built on the carrying out of the Agreement of May 1. The instructions of internal character given by me to my Assistants are the same as you might have given to yours, without violating the agreement, and all tended to the greater success of the works which I had entrusted to them. By some of their clauses I have sought to avoid delays which, had I assented thereto, would have made me break an agreement which is inviolable. To abandon the investigation of the whole region which must comprise the general frontier line, in order to fix the actual boundary in a gap, etc., that is to say, in a very limited area, would not have been to " accelerate the demarcation," and, by so doing, I should have failed to keep my word as an Expert. The work of the demarcation is accelerated by deciding upon a general frontier line, and that was what was understood by their Excellencies, the Presidents of the Argentine Republic and Chile, in their opening messages to the respective Congresses. I find that we are not in accord with respect to the inter- No. 74. (518) pretation of the word " demarcation." To you it appears that the work of the demarcation consists solely in the " material planting of landmarks," whereas to me, the operations of the demarcation include all the work which should be performed in order to fix a frontier line. The only instance in which an Argentine Assistant accepted suggestions from a Chilean Assis tant at a meeting, occurred in Sub-Commission No. 6. The Assistants, according to the instructions given them by us on February 17, 1897, in order to carry out what is laid down in Article 1 of the Agreement of April, 1896, were to meet in order " to agree on the plan for carrying out the work in accordance with said instructions " ; but it was in vain that the Argentine Chief Assistant attended the meeting arranged with the Chilean Chief Assistant. According to the declarations of the latter to the Argentine second Assistant, such meetings were un necessary. In all the preliminary arrangements, the Argentine Assistants lost several days which might have been devoted to further surveys, had he received my orders in time. This, nevertheless has not prevented the said Commission from pro viding me, from works executed by it, with the data required to come to a decision as to the general frontier line in the whole region specified in the said Article of the Agreement of April, while it is known to you that the Chilean Sub-Commission has not visited at least half of that zone. The Treaty of 1881, the Protocol of 1893 and the general instructions for the demarcation of the Cordillera de los Andes which you and my predecessor, Dr. Quirno Costa, gave, provide that the work of demarcation shall be carried out in the Cor dillera de los Andes. And I have told you that neither Experts, nor Assistants, nor Governments can seek the dividing line outside of that " immovable " boundary fixed by the Treaties. Moreover, the case of the region where the first Assistant of the Chilean Sub-Commission No. 8 proposes to demarcate, is not quite analogous to that of the region in which are situated Las No. 74. ( 519 ) Damas and Santa Elena landmarks. In the latter the course of the Rio Grande is as well known as is the Maule, or any other river of Central Chile which originates in the Cordillera de los Andes ; whereas in latitude 440, where Engineer Barrios proposes to demarcate, the demarcators of both countries are unable to say that they possess the necessary data to form an opinion so long as they have not made previous surveys of the zone which includes there the Cordillera de los Andes and its main chain. In all boundary demarcations, the boundaries are discussed with a complete knowledge of the ground which such demar cation is to include, and this was understood by the Govern ments of the Argentine Republic and Chile when they agreed that the differences which might arise between the Experts and which those Governments might not solve, should be de cided by the Arbitrator who must strictly apply in such cases the clauses of the Treaty of 1881 and Protocol of 1893, after a survey of the ground has been made. The Argentine Sub-Commissions will always take into con sideration whatever proposal may be made to them as to places situated within the Cordillera de los Andes, but never as to places situated outside that Cordillera. I hope that, at the Conferences we are to hold in August next, and at which we, the Experts, shall have to settle the gene ral frontier line, each of us will supply the data we shall have 0uoted collected in order to circumscribe the mountainous region to be P- 567- considered as the Cordillera de los Andes, which is the " im movable boundary." In the meanwhile I shall continue in the belief that the region, the demarcation of which is pro posed by the Chilean Sub-Commission No. 8, does not corre spond to that in which we ought to seek the international dividing line. Within the powers which I possess as Expert, in virtue of the Treaties in force, I am disposed to consider all the pro- No. 74. ( 520 ) posals which you may submit to me ; but I must decline their consideration when such proposals refer to points which I regard as being outside our functions. I am, etc. Francisco P. Moreno. No. 75. THE CHILEAN EXPERT ON THE DRAWING UP OF THE FINAL RECORDS. [Translated from the official publication entitled " Demarcacion de Limites entre Chile i la Republica Arjentina," etc., pp. 40, 41.] (Quoted on pages 571 and 572 of the Statement.1) The Chilean Expert to the Argentine Expert. No. 117. Santiago, September 9, 1898. Mr. Expert, — The terms of your communication compel me to insist again upon what I stated to you at the end of my last note. As the exclusive object of the meeting arranged for the 7th, was to sign the list of the points agreed to and those upon which we differ, in our respective lines of demarcation, I consider it useless that the said Conference should be held before we come to an agreement in regard to the form which the Record of that Con ference is to take. I must also state here that, if the meeting was not held on the day agreed, it was simply because you have insisted that there be stated in the Act, as enunciated by both Experts, some declarations which you have worded, and which I, on my part, do not consider necessary or convenient in the form proposed. On my part, I have proposed to you a form of Record in 1 By an error the date of this communication is referred to, in the State ment, as September 10, the correct date being September 9, 1898. 581 No. 75. ( 522 ) which, while retaining the declarations inserted by each of us in the Record wherein our respective propositions appear, we should confine ourselves to enumerating the points agreed to and those where a disagreement has occurred, so as to inform our Governments of them. As you insisted on the necessity of giving expression to the declarations you have proposed, I observed that it could be stated in the Record as a proposition from you, that you had requested from me such a declaration and that I, in my turn, would give the reasons I had for not concurring in it. Finally, the Minister for Foreign Affairs having expressed to me verbally that he had learned through the Minister Pleni potentiary of the Argentine Republic that you would accept a form of Record in which both Experts should state that the lines presented by them answered to the stipulations of all the Treaties and other international Agreements, which should also be inserted in their entirety, I replied in writing to the Minister for Foreign Affairs that, although I did not see the object for their inclusion, I had no objection to accept it as requested by you. I must here remind you that, throughout this transaction, the Expert of Chile has not requested from you any declaration as to the foundation for your proceedings, nor has he looked for anything else but the strictest fulfilment of our Agree- Q"°ted 75 s p. 572- ment, the scope of which is to present in a concrete and precise form to our respective Governments the sections of the boundary line ready for demarcation as accepted by both, as well as those about which we are not agreed. Consistent with this line of conduct, I have tried to remove all the difficulties foreign to the substance of the question itself ; and, as appears from our Records, I have tried by all possible means to bring to an end in the shortest time possible, the task on which we are engaged. As regards the place where we must hold our meetings, if you have an objection to assisting where they have been held No. 75. ( 523 ) hitherto and from the time when the Experts' Commission came into existence, I have much greater ones to going to the place you suggest, especially in view of the terms of the com munication in which you inform me of this resolution. Summing up, I consider that the difficulties which have arisen in this connection may be easily solved by one of the following two courses : either by a Record, such as the one I proposed and to which I have referred above, or by means of a Record in which each of the Experts should state his opinion in the manner heretofore accepted. Either of these two courses may be adopted without the necessity of fresh confer ences, since you are opposed to continuing to hold them in the usual manner. Moreover, should you not accept either of these two courses, desiring to terminate this incident, I shall lay before my Govern ment the antecedents which appear in the Records of August 29 and September 3 which are amply sufficient, in order that steps may be taken on the part of the Governments respecting the disagreements existing between our two propositions of general frontier lines. I have, etc. Diego Barros Arana. No. 76. THE CHILEAN EXPERT ON THE DELAYS IN THE DRAWING UP OF THE RECORDS. [Translated from " Diario oficial de la Republica de Chile" Santiago, Sep tember 12, 1898. No. 6,099, p. 2201.] (Quoted on page 572 of the Statement.1) The Chilean Expert to the Argentine Expert. No. 119. Santiago, September 10, 1898. Mr. Expert, — In reply to your note dated yesterday I must state that I have never refused to acknowledge any principle or declara tion whatsoever which may be stipulated in the Boundary Treaties, the strict fulfilment of which I have unceasingly and zealously endeavoured to procure. The difficulties which have arisen in the drawing up and signing the Record in question, far from originating in the insistence you attribute to me of not conforming in my declara tions to the stipulations of those covenants, are indeed but a clear and evident demonstration that I scrupulously abide by them. Therefore, there is no cause for the surprise you express in your communication referred to, wherein you attribute to me ideas and intentions which I have never had. 1 It is said in the Argentine Statement, p. 375, that " it is necessary to re produce in full " the present Document, of which, however, not a single line has been reproduced in the said Statement. The few lines given in a footnote on the page quoted are from a Note from the Argentine Expert to which the following is a reply, which was, in turn, answered by another note from the latter, inserted in the same Statement, footnote, pp. 377-380. 524 No. 76. ( 525 ) When dealing with the drawing up of the Record wherein those points of the demarcation on which we are agreed and those on which we are not, were to be enumerated, you wished it to be preceded by considerations to be signed by both of us, which, although reproducing some articles of the Treaties, do not reflect entirely the spirit and scope of the said Treaties, as you ignore others in which it is clearly stated what is, according to those covenants, the geographical condition of the demarca tion. Thus, for instance, you proposed the insertion of Article 1 of the Treaty of 1 8 8 1 and of Articles 1 and 2 of the Protocol of 1893, and omitted Article 3 of this same Protocol which textu- ally reads as follows : — " In the case, foreseen in the second part of Article 1 of the " Treaty of 1888 of difficulties that might arise 'owing to the " existence of certain valleys, formed by the bifurcation of the " Cordillera, and where the water-divide should not be clear,' the " Experts shall endeavour to settle them amicably, causing this " geographical condition of the demarcation to be searched for on " the ground. To this end they shall dispose by mutual agree- " ment that a survey be made by the Assistant Engineers which " may serve them to solve the difficulty." Likewise it would have been advisable to recall that Article 6 of the Instructions quoted by you, when dealing with the cases where the water-divide should not be clear, attributes to this physical feature the character of being the geographical condition of the demarcation. Wishing to avoid every difficulty I have proposed to you the adoption of either of the two following courses : — 1. The drawing up of a Record in which, referring to the grounds stated by each Expert when presenting his proposal for demarcation, there should be inserted clearly and simply the enumeration of the points on which we are agreed and of those on which we are not. No. 76. (526) 2. A Record in which each Expert should state on his part the reasons for such an agreement or divergence, acknow ledging the right of both to insert, wholly or in part, the Treaties and other Agreements or antecedents concerning the matter. Besides, in the case of our agreeing to draw up a record containing considerations accepted by both of us, it would be necessary to state that the points upon which an agreement exists are situated on the main chain of the Andes which divides the waters, — a formula which comprises the letter and the spirit of the Treaties, one which was used by the demarcating engineers of both countries in the Acts of erection of landmarks in 1894, x895 and 1896, and which the Chilean engineers, faithful to this precedent and to what is stipulated in those Treaties, have continued to reproduce in subsequent records. Finally, after having reached, in the manner stated in my note No. 117 of yesterday's date, the agreement of stating simply " in the pending Record " that the lines presented by the Experts answer to the fulfilment of all the Treaties and other international covenants, and of inserting therein, the said documents in their entirety, while on my part I have always been disposed to sign the Record drawn up in that form, you have subsequently proposed to introduce an addition which modifies what was agreed. I believe I am excused from entering into discussion upon the advisability of this addition, which would lengthen this debate fruitlessly and would, perhaps, prevent me still more from arriving at an agreement with you. Moreover, as I foreshadowed to you at the end of my note mentioned, No. 1 17, I am laying before my Government on this date the antecedents therein mentioned as well as a copy of the present communication. I am, etc. Diego Barros Arana. No. 77. THE DIFFICULTIES IN THE DEMARCATION ARE OFFICIALLY SUBMITTED TO ARBITRATION. Enclosure A. [Translated from " Memoria de Relaciones Esteriores de Chile" 1899, pp. 48, 49.] (Quoted on page 576 of the Statement.) The Chilean Minister in London to the Marquis of Salisbury. Legation of Chile, LONDON, November 23, 1898. My Lord, — In June 1896/ the Governments of Chile and the Argen tine Republic, conforming to the stipulations contained in the Agreement signed by them on the 17th of April of the same year, requested Her Britannic Majesty's Government to deign to accept the office of Arbitrator in order to determine the doubts or questions arising in the course of the demarcation of the boun dary between the two Republics , whenever the Governments might not be able to settle them directly. Her Majesty the Queen deigned to accede, with marked benevolence, to the application in which both Governments en trusted to Her traditional spirit of justice the final solution of the difficulties which might eventually arise. Although the efforts of the Governments interested have had for result the determination of a considerable extent of 1 See next Document, No. 78. 527 No. 77. (528 ) the frontier line, the differences or disagreements contemplated subsist in regard to another important part thereof. In this situation, both Governments have considered that the case, — foreseen in Article 2 of the Agreement of April 17, 1896, — of requesting Her Majesty's Government to act as Arbitrator, has arrived ; and, to this effect, I have now the honour of proffering this request on behalf of Chile and in fulfilment of orders I have received, enclosing a copy of the Minutes drawn up by the Experts and the respective Govern ments wherein the divergences which have arisen have been placed on record. Allow me respectfully to call the attention of Your Excel lency to the desire expressed by both Governments in the final part of the Record of 22nd of last September. Finally, I have the honour of including a map which will render more comprehensible the scope of the disagreements to which the said Minutes refer, and to add that, in conformity with the rules of procedure which Your Excellency may think fit to lay down for the arbitration, an opportunity will arise for presenting further data and information to illustrate the matter. I am, etc. Domingo Gana, Enclosure B. [Copy from the original at the Chilean Legation.] The Marquis of Salisbury to the Chilean Plenipotentiary. Foreign Office, November 28, 1898. Sir,— I have the honour to acknowledge the receipt of your Note of the 23rd instant in which you recall that in the year 1896 Her Majesty's Government consented to accept the office of Arbitrator conferred upon them by the Chilean and Argentine Governments for the settlement, in the form laid down by the No. 77- (529 ) Protocol signed on April 17th, 1896, of the difficulties which might arise in fixing the boundaries between the two Republics. You state that you have now received instructions from your Government to inform me that the contingency provided for in the 2nd Article of the Agreement of 1896 has arisen and you are accordingly to request that Her Majesty's Government will proceed with the necessary steps in fulfilment of the engagement which they accepted on the invitation of the Governments of Argentina and Chile. I have the honour to inform you that Her Majesty's Govern ment take note of your communication which will be laid before Her Majesty the Queen. I have, etc. Salisbury. 11 No. 78. HER B.M.'S GOVERNMENT IS REQUESTED TO ACCEPT THE OFFICE OF ARBITRATOR. Enclosure A. [Translated from " Memoria de Lielaciones Esleriores de Chile," 1896, Docs. pp. 16, 17.] (Quoted on page 576 of the Statement.) The Chilean Minister in London to the Marquis of Salisbury. Legation of Chile, London, June 15, 1896. My Lord, — The Governments of Chile and the Argentine Republic having agreed to designate the Government of Her Majesty the Queen in order that, in the capacity of Arbitrator, they may decide, in the manner established in the Agreement signed on the 17th of April last, the doubts which might arise in the process of the demarcation of the boundary between the two Republics whenever the Governments may not reach a solution thereof, I have received instructions from my Government to transmit to its high destination the autograph letter in which His Excellency the President of Chile requests Her Majesty the Queen, in the name of the Chilean people and Government, to deign to accept the office of Arbitrator conferred upon Her by the Agreement mentioned. I have the honour to enclose to Your Excellency the original of the said letter, requesting Your Excellency to kindly place it in Her Majesty's hands, and I likewise enclose the customary No. 78. (531 ) copy thereof, and a certified copy of the five Treaties and Con ventions enumerated at the end of this note. The Government of Chile, when placing unlimited confidence in Her Britannic Majesty's Government, do so in the conviction that their high-minded action will always be inspired by the sentiments of unfailing justice which distinguishes all their acts, and I do not doubt that they will lend the important service which is requested by two equally friendly nations. I am, etc. Augusto Matte. Enclosure B. [Copy from the original at the Chilean Legation.] The Marquis of Salisbury to the Chilean Plenipotentiary . Foreign Office, July 14, ii Sir,— I have had the honour to receive your note of the 15th ultimo, enclosing a letter addressed to the Queen by the Presi dent of Chili. In that letter which I have submitted to Her Majesty, the Queen is requested to act as Arbitrator, in accordance with the terms of the Protocol between Chili and the Argentine Republic of the 17th of April, 1896, in order to determine any questions arising in the course of the demarcation of the boundaries be tween the two Republics which it may not be found possible to settle directly between the two Governments. I have the pleasure to inform you that the Queen has graciously been pleased to accept the office of Arbitrator under the provisions of the Protocol of April 17, and by Her Majesty's command I send to you Her reply to the President of Chili for • transmission to its high destination. A copy of the Queen's letter is inclosed herein. I have, etc. Salisbury. No. 78. ( 532) Enclosure C. [Copy from the original.] Her Majesty Queen Victoria to the President of Chile, Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, Em press of India, etc., etc., etc., to the President of the Republic of Chili, sendeth greeting ! Our good Friend, we have received the letter which you addressed to us on the 9th of May last and in which you invite us to act as Arbitrator in accordance with the terms of the Pro tocol between the Republic of Chili and the Argentine Republic of the 17th of April, 1896, in order to determine any question that may arise in the course of the demarcation of the boundaries between the two Republics and which cannot be amicably settled by direct agreement. We have received a similar request from the President of the Argentine Republic, and we are much gratified by the con fidence thus placed in us. We shall be ready to accept the obligation which may fall upon us and we will use our best endeavour to arrive at a right conclusion in the event of any question being referred to our decision. And so we recommend you to the protection of the Almighty. Given at our Court at Windsor Castle the nth day of July, 1896, and in the sixtieth year of our Reign. Your good Friend, VICTORIA R.I. Salisbury. No. 79. THE DEFINITION OF THE ANDEAN FRONTIER LINE IN THE TREATY OF 1881. Spanish, French, and English Versions. (Mention original text from " Demarcacion de Limites entre Chile i la Repi'tblica Arjentina" etc. Santiago, 1898, pp. 1 and 2. Articulo Pri- MERO. — El limite entre Chile i la Republica Arjen tina es de Norte a Sur, hasta el paralelo cincuenta i dos le latitud, la Cordillera de los Andes. La linea fron- teriza correra en esa estension por las cumbres mas elevadas de dichas Cordilleras que di- vidan las aguas i passara por entre las vertientes que se desprenden a un lado i otro. Las dificultades que pudieran sus- citarse por la existencia de cier- tos valles formados por la bifurcacion de la Cordillera i en que no sea clara la linea divisoria de las aguas, seran resueltas amisto- samente por dos peritos nombrados uno de cada parte. ed on page 580 of the Statement.) CHILEAN OFFICIAL ARGENTINE OFFICIAL translation into English. translation into English. p. 4 of this Appendix. Argentine Statement, p. 1 1 16. Article I. — The boundary between the Argentine Re public and Chili, from north to south as far as the parallel of latitude 5 2° S. is the Cordillera of the Andes. The frontier line shall run in that extent along the most elevated crests of said Cordilleras that may divide the waters and shall pass between the slopes which descend one side and the other. The difficulties that might arise from the existence of certain valleys formed by the bifurcation of the Cordillera, and in which the water shed may not be apparent, shall be amicably settled by two Experts, one to be named by each party . . . Article I. — The boundary between Chile and the Argentine Repub lic is, from north to south, as far as the 52nd paral lel of latitude, the Cordillera de los Andes. The boundary line shall run in that extent over the highest sum mits of the said Cordilleras which divide the waters, and shall pass between the sour ces [of streams] flowing down to either side. The difficulties that might arise owing to the exist ence of certain valleys formed by the bifurcation of the Cordillera, and where the water- divide should not be clear, shall be amicably solved by two Experts, ap pointed one by each party . . . No. 79. THE DEFINITION OF THE ANDEAN FRONTIER LINE IN THE TREATY OF 1881. Spanish, French, and English Versions. (Mentioned on page 580 of the Statement.) FRENCH VERSION BRITISH AND FOREIGN STATE PAPERS. Vol. lxxii. (i 880-1881), p. 1 103. FOREIGN RELATIONS OF THE UNITED STATES. 1881, p. 12. BY AN ARGENTINE AUTHOR. Charles Calvo. " Le Droit International '," vol. i., Livre V., p. 425. The Article Premier. Art. I.— "The Art. I. - limit between Chile boundary between — La limite entre and the Argentine the Argentine Re- le Chili et la Republic is the public and Chili Republique Argen- Cordillera of the is, from north to tine est du Nord au Andes from the south, up to par- Sud, jusqu'au 52° north to latitude allel 5 2" latitude, parallele de latitude, 5 2° south. the Cordillera of the la Cordillere des Andes. Andes. The frontier line The frontier line La ligne desepara- shall follow the is to run in that tion partant des •crest of the Cor- direction over such points les plus dillera which di- of the highest peaks eleves de la Cor- vides the waters, of said Cordillera dillere qui divisent and will pass be- as may divide the les eaux et passant tween the sources waters, and is to entre les chutes thereof on either cross the springs qui se deversent de side. * that start from l'un et de 1' autre both sides. cote. Any doubts due Any difficulties Toutes les dif- to the existence of that should arise ficultes qui surgi- valleys formed by on account of raient pour la the forking of the there being certain delimitation de cer- Andes, where the valleys that are taines vallees for- line dividing the formed by the bi- mees par la bifur- waters is not furcation of the cation de la Cordil- clearly determined Cordillera and lere et oil la ligne shall be amicably wherein the divi- de division des eaux settled by two Ex- sional line of waters ne serait pas bien perts, one named may not be clear, nette, seront reso- by either side . . . will be amicably lues par l'entre- settled by two Ex- mise de deux Ex perts, one to be perts nommes par named by each chaque partie . . . party . . . 535 No. 80. "CUMBRES" TRANSLATED BY "SUMMITS" IN ARGENTINE OFFICIAL DOCUMENTS. (Quoted on page 580 of the Statement.) [Extracts from Calvo's Tratados," vol. ii.] [Extracts from the " Argentine Evi- Colleccion de dence " in the case of Misioncs, submitted to the President of the U.S. New York, 1893.] Treaty of 1750. (Pp. 53, 54) IV. Article.- The boundaries of the domin ions of both monarchies shall Tratado de 1750. (P. 248 et seq.) Articulo 40. — Los confines del dominio de las dos monarquias principia- ran en la barra que forma en begin from the bar on the sea la costa del mar el arroyo que coast, laid by the stream, fol- sale al pie del monte de los lowing at the foot of Castillos Castillos Grandes, desde cuya Grandes Mountain, from the falda continuara la frontera, slope of which the frontier buscando en linea recta lo mds shall continue following on a alto 6 cumbres de los montes, right line the highest ground cuyas vertientes bajan, por una or summits of the mountains parte, a la costa que corre al the springs of which descend norte de dicho arroyo, 6 a la on one side to the coast running laguna Merin 6 del Mine, y to the north of said stream or por la otra a la costa que corre to Lake Merin or of the Mine, de dicho arroyo al sur 6 al rio de la Plata : de suerto que las cumbres de los montes sirvan de raya al dominio de las dos and on the other to the coast, running to the south of the River Plate, so that the sum mits of the mountains may ,-,::i; No. 80. (537 ) coronas, y asi seguira la fron- tera hasta encontrar el origen principal, y cabeceras del rio Negro, y por encima de ellas continuara hasta el origen prin cipal del rio Ybicuy, siguiendo aguas abajo de este rio hasta donde desemboca en el Uru guay por su ribera oriental, quedando de Portugal todas las vertientes que bajana la dicha laguna 6 al rio Grande de San Pablo, y de Espafia, las que bajan a los rios que van a. unirse con el de la Plata. serve as boundary to the do minion of both crowns, and thus the frontier shall continue until it finds the main source and head springs of the River Negro, going on along them up to the principal source of the River Ybicui, down the stream of this river to its out let in the Uruguay, by its eastern bank, remaining for Portugal all the springs de scending to the above-men tioned lake, or the Rio Grande de San Pedro to be owned by Portugal, and those descend ing to the rivers flowing into that of the River Plate, to be owned by Spain. " Art. Q. — Continuara la frontera por en medio rio Japura y por los demas rios que ses le junten y se acerquen mas dal rumbo del norte, hasta encontrar lo alto de la Cordil lera de montes que median entre el rio Orinoco y el Maranon 6 de las Amazonas, y seguira, por la cumbre de estos montes al oriente hasta donde se estienda el dominio de una y otra monarquia. . . IX. Article. — The frontier shall continue along the River Japura and through the rest of the rivers that may flow into it and running nearer to the north until it finds the summit of the ridge lying be tween the River Orinoco and the Maranon or Amazons, and it shall continue over the sum mits of these mountains to wards the east until the end of the dominions of both mon archies. . . . No. 80. (538) Art. 1 8°. . , I por lo que mira a la cumbre de la cordil- lera que ha de servir de raya entre el Maranon y el Orinoco perteneceran a Espana todas las vertientes que caigan al Orinoco y a Portugal las que caigan al Maranon 6 Ama- zonas. (P. 57) XVIII. Article.— . . . And with respect to the summit of the ridge of moun tains which is to serve as boundary between the Mara non and Orinoco, all the springs falling to the Orinoco shall belong to Spain, and to Portugal those running to the Maranon or Amazons. Art. 200. — Para evitar algunos perjuicios que podran ocasionarse fue acordado que en los montes donde en con- formidad de las precedentes articulos que de puesta la raya en sus cumbres, no sera licito a ninguna de las dos potencias erijir fortificacion sobre las mismas cumbres ni permitir que su vasallos hagan en ellas poblacion alguna. (P. 58) XX. Article.— In order to avoid some prejudices which are likely to occur, it was agreed that on the mountain where, according to the pre ceding articles, the boundary be fixed along their summits,* it will not be licit for any of the two powers to build forti fications over the said summits, nor to allow their subjects to build anv town on them. T rat ado de 175 1. (P. 261 .) Art. 280 (Portuguese text.) — Que en toda a fronteira, onde ella nao for terminada por rios ou por cumes dos montes e vertentes das agoas, que forao declarados no Tra- tado deijen postos ou mar cos, ou signals que les pareceren mais proprios e perduraveis. Treaty of 1 7 5 1 . (P. 68) XXVIII. Article.— That in all places of the fron tier not marked by rivers or by summits of mountains and falls of water which were de clared in the Treaty, they shall set the landmarks or signs which they may consider more available and durable. No. 80. (539 ) T rat ado de 1777. (P. 137 et seq.) Art. 40.— Para evitar otro motivo de discordias entre las dos monarquias que ha sido la entrada de la laguna de los Patos 6 Rio Grande de San Pedro siguiendo despues por sus vertientes hasta el rio Yacui, cuyas dos bandas y navegacion han pretendido pertenecerles ambas coronas, se han con- venido ahora en que dicha navegacion y entrada queden privativamente para la de Por tugal, extendiendose su do minio por la ribera meridional hasta el arroyo de Tahim sigui endo por las orillas de la laguna de la Manguera en linea recta hasta el mar, y por la parte del continehte ira. la linea desde las orillas de dicha laguna de Merin, tournando la direction por el primer arroyo meridional que entra en el sangradero 6 desaguadera de ella, y que corre por lo mas immediato al fuerte portugues de San Gonzalo desde el cual, sin exceder el limite de dicho arroyo, continuara. la perte- nencia de Portugal por las cabeceras de los rios que corren Treaty of 1777. (P. 87) IV. Article. — In order to avoid another cause of discord between both Mon archies, which has been the entrances to Laguna de los Patos or Rio Grande of San Pedro, following afterwards its springs up to the River Yacuy, both banks of which and its navigation have been claimed as their property by both Crowns. Their Majesties have now agreed that said entrance and navigation must exclu sively remain to Portugal ; its dominion to extend through the southern bank until the brook Tahim, following the shores of the Laguna de la Manguera in a straight line to the sea, and by the side of the continent the line shall run from the borders of the aforesaid Lake of Merin through the first southern brook flowing into its drain or channel and running nearest to the Portuguese Fort of San Gonzalo, from which, without trespassing the limit of the aforesaid brook, the dominion of Portugal shall extend by the sources of the rivers running No. 80. (540) hacia el mencionado Rio Grande y hacia el Yacui, hasta que pasando por encima de las del rio Ararico y Coyacui que quedaran de la parte de Por tugal, y las de los rios Piratini y Ibimini que quedarare de la parte de Espafia, el tirara una linea que cubra las estable- cimientos Portugueses hasta el desembocadero del rio Pipiri Guazu en el Uruguay, que han de quedar en el actual estado en que pertenecen a la corona de Espafia : recomendandose a los comisarios que lleven a ejecucion esta linea divisoria, que segun en toda ella las direcciones de los montes por las cumbres de ellos, 6 de los rios donde los nubiere a pro- posito ; y que las vertientes de dichos rios y sus nacimientos sirvan de marcas a. uno y otro dominio, donde se pudiere eje- cutar asi, para que los rios que nacieren en un dominio y corrieren hacia el, queden desde sus nacimientos a. favor de aquel dominio, lo cual se puede efectuar mejor en la linea que correra desde la laguna Merin hasta el rio Pepiri Guazu en cuyo paraje no hay towards the aforesaid Rio Grande and Yacuy until that, passing over those of rivers Araricu and Coyacui which shall remain on the side of Portugal, and that of the Rivers Piratini and Ybimini which shall remain on the side of Spain, a line be drawn which shall cover the Portu guese settlements up to the draining of the River Pepiri Guazu into the Uruguay and shall likewise save and cover the Spanish Missions and settle ments of said Uruguay which must remain in the present state in which they belong to the Crown of Spain ; the Com missioners which are to carry into execution this divisory line being recommended to fol low all along of it the directions of the mountains through their summits, or those of the rivers, where these would be used ; and that the fall of the aforesaid rivers and their sources may serve as landmarks to both dominions whenever this were possible, so that the rivers which may rise in one of the dominions and run towards it may remain from their sources No. 80. (541 ) rios grandes que atraviesen de un terreno a otro. . . . in favour of that dominion, which can be better done in the line which will run from Lake Merin to the River Pepiri Guazu. in which place there are not large rivers to cross over from one to the other land. . . . Articulo 6°. — A semejanza de lo establecido en el articulo anterior, quedara tambien re- vervado en lo restante de la linea divisoria. . . un espacio suficiente entre los limites de ambas naciones . . . de modo que los tales espacios sean neutrales poniendose mojones y senales seguras que hagan constar a. los vasallos de cada nation el sitio de donde no deberan pasar ; a. cuyo fin se buscaran los lagos y rios que puedan servir de limite fijo e indelible, y en su defecto las cumbres de los montes mas seiialados, quedando estos y sus faldas por termino neutral divisoria en que no se pueda entrar poblar, edificar ni forti- ficar por alguna de las dos naciones. (P. 88) VI. Article. — In accordance with that which has been established in the preceding article, a sufficient space between the boundaries of both nations . . . shall be reserved in the remainder of the divisory line, . . . said spaces to be thus neutral, and said landmarks and signals to be placed that they may point out to the subjects of either nation the place from which they shall not pass, to which end the lakes and rivers that may serve as a set and indelible boundary shall be searched out and in their de fault the summits of the main mountains , these and their brows remaining as the divisory neutral bound where neither nation shall be per mitted to enter, to settle, to build or to raise forts. No. 81. THE ARGENTINE EXPERT'S ASSISTANTS' USE OF THE TERM "VERTIENTES" AS SOURCES AND HEADWATERS. [Translated from Senor Gunardo Lange's Report on a survey of a part of the Province of Mendoza in " Revista del Museo de la Plata," vol. vii. p. 28 et seq.j (Quoted on pages 617, 1036 and 1038 of the Statement.) Orography. (P. 28) Having the map in sight, it is easy to see that the regions surveyed may be divided in three different zones. 1 . The western mountainous region which forms part of the eastern slope {falda) of the Cordillera de los Andes ; 2. the inter mediate extensive plains ; and, 3, the eastern mountainous zone of lesser height from the Cerro Nevado to the Cerro de Guayqueria. The western zone is subdivided by the upper course of the large rivers which intersect the region ; Rio Diamante, Rio Atuel, Rio Salado y Rio Malarglie ; north of River Diamante Quoted p. 1036. the Mount " Nevado del Arroyo Hondo," of 4920 metres height, forms the extremity of the secondary chain of the Cordil lera, over which passes the road called " de la Cruz de Piedra," which crosses south of " Laguna del Diamante " and reaches Chile by the pass situated at the foot of " Volcan Maipu." Between the Rio Diamante and the Rio Atuel, the zone sur- Quoted ¦ p. 1036. veyed extends almost as far as the Chilean boundary (the Por- tezuelo del Cerro de Rio Negro [Las Lenas]) and forms part of the principal chain of the Cordillera de los Andes. This region No. 81. (543) is very rugged and is traversed by the tributaries of the afore said rivers. In this part stands the picturesque Cerro del Sosneado whose broken peaks attain 4930 m. South of the River Atuel we have surveyed as far as the Chilean boundary situated at the Pass Tinguiririca 2800 m. [Las Damas Pass], west of Rio Tordillo, as the upper course of Rio Grande is called. From this corner between the tributaries of the Rio Atuel and the sources ivertientes) of the Rio Tordillo, p",^. a new secondary chain becomes detached, runs from north to south, to the east of the Rivers Tordillo and Grande and on the eastern slope {falda) of this chain rise the following rivers : the Rio Salado, which is the most important tributary of the River Atuel, and the River Malargiie, which ends in the Laguna de Llancanelo. The principal peaks of this chain are : the cerro " Nacimiento del Arroyo del Burro," " Cerro del Risco Quoled ' p- 1037. Plateado," " Cerro del Cajon Perdido," " Cerro de Las Lenas," " Cerro Hollada," " Cerro Serrucho," " Cerro Puchen," etc. The intermediate zone begins in the somewhat undulated lands north of the River Diamante, with isolated hillocks : " Cerro de los Leones," " Cerro Caspar," y " Cerro del Arroyo Hondo." South of the River Diamante, the Cerro Diamante rises to 2300 m., being a picturesque volcanoof avery symmetrical shape ; on the west the uniformity of the plain is broken by the " Cerro de las Lenas Amarillas " with 2230 m., being another volcano of regular shape. Further on, when dealing with the hydrography, I will mention the possibility of an interesting diversion of the River Atuel to the benefit of these plains. South of Rio Atuel the plain continues its intermediate part, being irrigated by the Rio Malargiie and forming the great salt deposit of the Llancanelo. This extensive plain is inter rupted on the south by hills detached from the aforementioned chain, and the extremities of the Cerro Nevado. On either side of the Llancanelo salt-plain a small hill rises solitary ; these hills appear as islands on the broad plain, on account of No. 81. (544) their dark colour, and are a special feature of this bleak and uniform landscape. The eastern mountainous zone is the continuation of the ranges of hills that, from the vicinity of Mendoza, run from north to south as far as the Cerro Nevado. The continuity of this chain of hills is interrupted by the Rivers Diamante and Atuel, which break their way to the great eastern Pampa by canyons with perpendicular and inaccessible cliffs. The highest part of this chain of hills is the Cerro Nevado (3810 m.) south of the River Atuel, and the Cerros de los Tolditos to the north of the Rio Diamante (1790 m.). The part immediately south of the Rio Diamante, the Sierra Pintada, is extremely broken and rugged ; innumerable dry and sandy river beds intersect the ground in every direction, between sharp and straight rocks giving to the whole the aspect of a true labyrinth. Hydrography. (P. 30) The lands travelled over are relatively abundant in water ; they are irrigated by various rivers and streams, and in many parts springs or sources ivertientes o aguadas). The underground water is generally near the surface, and, where neither streams nor sources {arroyos 0 vertientes) exist, wells might easily be sunk. There is a feature which calls our attention on the map. The chief rivers and streams of the region we are dealing with run in their upper course towards the north-east, rounding in this way the secondary chains which are detached from the mass of the main Cordillera. This parallelism of general direc tion is characteristic of all the main rivers of the Province of Mendoza, including Rio Mendoza, Rio Tunuyan and Rio Grande, and is important for the geological surveys of this part of the Andean slope {falda). RIVERS : Beginning in the north, the most important rivers and streams of the zone surveyed are the following : No. 81. ( 545 ) Arroyo Yaucha. — It descends from the Cordillera in an eastern direction, turns almost to the north, and waters the lands of the Yaucha property, Tierras Blancas, Chilecito and San Carlos ; to the north of San Carlos it joins the Arroyo de Aguanda, which runs from south to north, from the swamp of the lagoon where this streamlet is formed by the junction of the Arroyos de Papagayo and Cortaderitas, the first of which brings the greater volume of water. After their junction the Arroyo de Yaucha and the Arroyo de la Aguanda take the name of Arroyo de San Carlos, which runs north and joins the River Tunuyan. Rio Diamante. — It rises in the Lake Diamante, east of the Volcano Maipu ; it flows chiefly from north to south, turns a little to the east and continues deviating to the left until it takes an east-north-east direction ; it debouches on the plains skirting the extremities of the Nevado del Arroyo Hondo and the small Cerro Negro ; it makes a small detour to the north compelled by the volcano of the Cerro Diamante, and opens a course between the mountains of the Sierra Pintada in a deep and narrow ravine, to water the extensive fields of San Rafael or 25 de Mayo. (P. 31) The most important tributaries of the River Dia mante are the following : from the north the Arroyo Blanco, the Arroyo Hondo, which joins the Arroyo de la Faja and, near San Rafael, the Arroyo Salado ; from the south the Arroyo Barroso, the Rio Negro, the Arroyo Tordillo, the Arroyo de las Aucas, and the Arroyo del Tigre which rises in the Sierra Pintada. In their upper course the River Diamante and its tribu taries flow among mountains, through deep ravines and steep slopes ; further east, over the plains, north of the " Cerro de las Lenas Amarillas " and " Cerro Diamante " high cliffs par ticularly enclose the north bend of the river, which, as before stated, crosses the eastern range by a very narrow gorge. I No. 81. (546) The Rio Diamante is of about the same volume as the Rio Mendoza ; the water, which is quite fresh issuing from the Cor dillera, becomes brackish after receiving the Arroyo Salado, whose water is very bitter and unfitted for irrigation ; so that there is a project of bringing the water from the Canal of the village of San Rafael by means of an aqueduct across the bed of the Arroyo Salado. Qu?ted . . . P- 6l7- Rio Atuel. — This has its sources ivertientes) amongst the highest mountains covered by perpetual snow of the main Cor_ dillera. In its upper course it receives its chief tributaries, amongst them the Arroyo de las Lagrimas, and runs by a wide bed as far as the Lagoon of Sosneao, where an ancient moraine interrupts the uniformity of the broad valley. The Rio Atuel, describes a curve similar to that of the Rip Diamante and re ceives before debouching to the plain the waters of the Arroyo Malo, the Arroyo Blanco, the Arroyo La Manga del Norte, and the Arroyos Paraguay, Terron and Colorado del Sur. The Rio Atuel receives a great part of its waters near and above the Laguna del Sosneao ; in its northern, bank, at the base of Cerro Sosneao a number of springs ivertientes) of great volume emerge, which join their clear and fresh waters with the p^s,-, water somewhat turbid that the rivers bring from the glaciers and perpetual snows. Abroad, on the plains near the village las Juntas, the River Atuel joins the Rio Salado, which rises on the eastern slope (falda) of the secondary chain, which has been men tioned, east of the River Tordillo and Rio Grande. The Rio Salado carries fresh water in its upper course, but in passing the salt deposits and bath of los Holies it receives salt water in sufficient quantity to give a brackish taste to the very River Atuel. The plains north of the Rio Atuel include in their lowest part " Las Salinas," and it has been projected to divert the Rio Atuel from a point due south of " Agua Caliente " in a north easterly direction, making it pass by the lowest ground and return to its old bed south of Las Salinas. In this way it No. 81. (547 ) could be avoided that the waters of Rio Atuel be mixed with the brackish water of the Rio Salado before coming to the Narrows of Niguil, a very important circumstance for the utilization of the river for the cultivation of the lands between the Rivers Diamante and Atuel. At the same time a diversion of the River Salado to the south is always spoken of with the object of causing it to discharge its waters into the Salina de Llancanelo, thus preventing them from going to spoil the waters of the Atuel. A detailed examination as to the possibility of these projects would be of great importance and interest. The banks of the River Atuel, when crossing the inter mediate plains, are not generally so high as those of the River Diamante ; it is broader with low banks. It is only after pass ing the Niguil bridge that the river becomes encased and crosses the eastern chain by high waterfalls and between rocks. Be tween Niguil and the Boca de Atuel, where the river debouches once more on the plain, it is impossible to get at the bottom, and the cattle can only view from the border of the cliffs the tempting patches of green grass which skirt the narrow banks of the rapid stream below. Outside the Boca de Atuel the land is flat and appropriate for the cultivation, and doubtless some day it will become an important centre of population. Further east the River Atuel turns to the south and to the east, and joins the Rio Chadileuvu or Salado, which is the general drainage-channel of all the northern part of the Province of Mendoza. At first sight the River Atuel seems to carry a larger volume of water than the Rio Diamante. Arroyo Chacay. — It rises on the eastern slope ifalda) of the Cerro de la Hollada, irrigating the land of Chacay, and sinks in the ground before reaching the Laguna de Llancanelo. Rio Malargiie. — The headstreams ivertientes) of this river rise, as those of the Rio Salado, on the eastern slope ifalda) of No. 81. (548) the secondary chain mentioned before, east of the Rivers Tor dillo and Grande. The river runs east and receives from the north the Arroyo de Torrecilla, the Arroyo Negro which passes by la Estancia, and the Arroyo Moro ; when debouching on the plain it turns to the E.N.E. to empty its water into the Laguna de Llancanelo. The Rio Malargiie carries much water, in proportion to the extent of the lands from which it receives its tributaries, and irrigates the cultivated lands of the impor tant establishments of Canada Colorada and Malargiie. The Rio Malargiie also receives a tributary with salt water — the Arroyo de Torrecilla, but as the volume of water of this stream is relatively small, it hardly gives a brackish taste to the waters of the river. (P. 33) It is worthy of calling attention to the fact that every one of the three chief rivers of the zone we are dealing with receives a tributary of salt water, which to some extent prevents the utilization of the water for irrigating purposes. Lakes. — The region we are dealing with contains few lakes, and these are more worthy of the names of lagoons or ponds. The only lagoon of some extent is the " Laguna Salada de Llancanelo," in the north-western part of the salt plain of the same name ; this is a shallow lagoon, its extent being very changeable according to the seasons and the volume of water carried by the Rio Malargiie. The Laguna Amarga, north of Ramaditas, the Laguna Sosneao and the Laguna Blanca to the -west of Cerro de Coegiieco are insignificant lagoons of some acres in extent ; the Laguna Blanca holds water very seldom, and is surrounded by ground saturated with salt ; the Laguna del Sosneao, at the base of the mountain of the same name, and where the huts lie at the foot of the hills on its eastern shore, is very picturesque. When we passed by this place the lagoon was covered with thousands of ducks, while large herds of sheep were grazing in the abundant pastures which exist around it. No, 81. ( 549 ) Springs and Sources {vertientes i aguadas). — Springs iver tientes) exist at several places, especially on the hills of the eastern chain, north and south of the River Diamante. In these hills springs {aguadas) are found at a considerable height and very abundant ; on the southern slope of the Cerro Carrizalito, north of the Rio Atuel, there are springs {vertientes), some hundred metres above the river, which indicate the presence of powerful subterranean watercourses, and the probability of finding, by means of wells, waters at not very great depth on the plain of the intermediate zone. On the plains, south of the River Malargiie and near the salt plain of Llancanelo, there are several abundant sources {vertientes) of fresh and sweet water, and everywhere is the water very near the surface, it being sufficient to dig two or three metres to reach good water. The construction of artesian wells is very likely to give good results on these plains, and some day this method will be introduced in order to give life to the ,lands where irrigation by the water of the rivers is not possible. The tracts where the water is scarcer are the slopes {faldas) of the Cerro Nevado and the plains and hillocks around this mountain. In this region the springs {aguadas) are scarce, of small importance, and this part is consequently the least peopled of the region we have surveyed. No. 82. SYNONYMY OF "VERTIENTES" (SPRINGS OR SOURCES) AND " CABECERAS " (HEADWATERS) In the Text of the Spanish-Portuguese Treaties of 1751 and [The Spanish or Portuguese text from Calvo's " Coleccion de Tratados etc. de la Repiiblica Argentina," the English version from the " Argentine Evidence " in the Misiones case.] (Quoted on page 622 pf the Statement.) T rat ado entre S.M.M. Catdlica y Fidelisima para deter- minar las instrucciones para los comisarios de las dos Coronas en la demar- cacibn de las limites respec- tivos en la Amdrica Meri dional en ejecucion del tratado de Limites (17 de Enero de 1751). [Calvo, Coleccion, vol. ii. p. 261.] Art. 12°. — A terceira tropa, que ha de deixar este signal, e seguir para cima as agoas daquelle rio que se tem pelo Treaty of 1751, by which the Ministers Plenipotentiaries of Their Most Faithful and Catholic Majesties adjusted and determined the instruc tions which were to guide the Commissioners of the two Crowns in the demarca tion of their respective boun daries in S. America, in execution of the Treaty of boundaries. (Arg. Ev. p. 60.) (P. 65) XII. Article.— The third party which is to leave this monument and to go against the stream of that river which No. 82. ( 551 ) Igurei, logo que chegar k.ori- gem principal d'elle buscara as fontes mais visinhas, que correm para o Paraguai, ou d'ellas se forme o rio que em varios Mapas vem com o nome de Corrientes, ou seja outro qualquer que n'aquella para- gem tenha o seu principio, e por estas agoas abaixo con tinuara a mesma Tropa a marcar a a fronteira ate o Rio Paraguai. shall be had as the Ygurei, on reaching its principal source, shall search for the most neigh bouring springs which may run towards the Paraguay, or those of which the river that in the several charts is seen with the name of Corrientes, is formed, or any other which may flow out from that place, and down the stream, from these springs, and the same party shall mark out the frontier until the Para guay. . . . (Article XXVIII. given in Doc. 80.) Artigo 34. ... Do dito marco, como de ponto fixo, passarao a reconhecer e demar- car tambem da mesma sorte a falda meridional do Monte de Castilhos Grandes, discorrendo por ella, e pondo de commum consentimento os mais que forem necessarios dos referidos marcos nas paragens que lhes paracerem mais opportunas ate os cumes dos montes, que tomarao para seu governo, sem attencao a rumos, desde os logares mais superiores, onde tem seus principios as verten- tes das aguas que descem dos (P. 70) Article XXXIV.— From the said landmark, as a fixed point they shall proceed to survey and mark out also in the same manner to the northern slope of the hill of Castillos Grandes, surveying it, and placing if it were neces sary other of the mentioned landmarks, in the places which they may deem it fit, to the summits of the hills by which they shall be guided, mindless of the direction, from the high est places where the springs of the waters descending from the said hills flow out, namely : No. 82. (552 ) referidos cumes ; a saber : por parte dos Dominios de Por tugal para a banda da Lagoa Merim ; e pela parte dos Do minios de Hespanha para a banda do Rio da Prata. . . on the side of the dominions of Portugal to the banks of Lake Merim ; and on that of the dominions of Spain to the banks of the River Plate. . . . Declaragam de 1 7 5 1 . . . . E porque na dita Carta se acha huma linha vermelha, que asinala, e pasa pelos lugares por onde se hade fazer a demar- cacam, que por ser anterior ao Tratado dos Limites que se fes depois nam vae conforme com ele em pasar do pe do Monte de Castilhos grandes a buscar as Cabeceiras do rio Negro, e seguir por ele ate entrar no rio Uruguai, devendo buscar a origem principal do rio Ibicui conforme o dito Tratado, se declara que a dita" linha so serve em quanto ela se con- forma com o Tratado referido. (Pp. 77 , 78) . . . and as on the same chart a red line ap pears, pointing out and pass ing over the places through which the demarcation is to be made, which line, because of its being previous to the Treaty of boundaries, afterwards ad justed, does not agree with it inasmuch as it passes from the foot of the hill of Castillos Grandes to find the springs of the River Negro and following it along until entering the River Uruguay, instead of searching out the source of the River Ybicui, according to the said treaty, it is declared that the said line only serves inasmuch as it may be in con formity with the said treaty ; No. 82. (553 Tratado preliminar de limites en la America Meridional, a just ado entre las coronas de Espafia y Portugal : fir- mado el i° de Octubre de 1777. Art. 3° . . . se han conven- ido los dos altos contrayentes por el bien reciproco de ambas naciones y para asegurar una paz perpetua entre las dos, que dicha navegacion de los rios de la Plata y Uruguay y los terrenos de sus dos bandas septentrional y meridional per- tenezcan privativamente a la corona de Espafia y a sus subditos hasta donde desem- boca en el mismo Uruguay por su ribera occidental el rio Pequiri 6 Pepiriguazu esten- diendose la pertenencia de Es pafia en la referida banda septentrional hasta la linea divisoria que se formara prin- cipiando por la parte del mar en al arroyo de Chui y fuerte de San Miguel inclusive y siguiendo las orillas de la lag una Merim a tomar las cabe ceras 6 vertientes del Rio Negro las cuales como todas las demas Preliminary Treaty about the boundaries of the countries of S. America, belonging to the Crowns of Spain and Portugal, by which the places through which the boundary line of their dominions is stipulated. (Arg. Ev. p. 85.) (P. 87) Article III. . . . both high contracting parties for the mutual benefit of both nations, and in order to assure a perpetual peace between both, have agreed that the said navigation of the Rivers Plate and Uruguay and the lands of their two banks, nor thern and southern, may solely belong to the Crown of Spain and to its subjects, until the place where the River Pequiri or Pepiri Guazu flows into the aforesaid Uruguay by its west ern bank, the dominion of Spain to extend along the above - mentioned northern bank until the boundary line which shall be drawn, begin ning by the sea side on the brook of Chui and San Miguel's Fort included, and following by the banks of Lake Merim as far as the sources or springs of the Rio Negro, which springs No. 82. (554) de los rios que van a desem- bocar a los referidos de la Plata y Uruguay, hasta la en trada en este ultimo de dicho Pepiriguazu quedaran priva- tivas de la misma corona de Espafia, con todas los terri tories que posee y que com- prenden aquellos paises. . . . as well as those of the rivers which flow into the aforesaid Plate and Uruguay, until the entrance of the Pepiri Guazu into the latter shall be left exclusively to said Crown of Spain with all the territories which it possesses and which those countries comprise. . . . (Art. IV. given in Document 80.) Art. 8° . . . se han convenido los altos contratantes en que la linea divisoria seguira aguas arriba de dicho Pepiri hasta su origen principal, y desde este por lo mas alto del terreno, bajo las reglas dadas en el articulo 6°, continuara a en contrar las corrientes del rio San Antonio. . . . (P. 89) Article VIII. . . . the High Contracting Parties have agreed that the boundary line shall follow against the stream of the aforesaid Pepiri until its main source and thence by the highest ground, accord ing to the rules stated in the VI. Article, shall continue to find the waters of the River San Antonio which drains into the Grande of Curitiba. . . . Art. 90. — Desde la boca 6 entrada del Igurey seguira la raya aguas arriba de este hasta su origen principal y desde el se trazara. una linea recta por lo mas alto del terreno, con arreglo a lo pactado en el citado art. 6° hasta hallar la cabecera 6 vertiente principal (P. 89) Article IX.— From the mouth or entrance of the Ygurei the line shall continue against the stream until its main source ; and from it a straight line shall be drawn through the highest ground, according to what has ' been stipulated by the said VI. No. 82. ( 555) del rio mas vecino a dicha linea, Article, until finding the head que desague en el Paraguay. . . source or spring of the river next to its eastern bank. . . . No. 83. MINISTER ZEBALLOS' OFFICIAL TRANSLATIONS OF "VERTIENTES" BY "SOURCES," "HEAD WATERS," AND "WATERSHEDS." [From the official Spanish and English editions of the Argentine Argument in the case of Misiones.] (Quoted on page 623 of the Statement.) [Extractos del "Alegato de la [Extracts from the " Argu- Repiiblica Argentina sobre la cuestion de limites con el Brasil en el territorio de Misiones, presentada por Estanislao S. Zeballos, En- viado Extraordinario y Ministro Plenipotenciario de la Republica Argentina." (Publication oficial — Wash ington, 1894.)] (P. 138) Los esploradores in- ternacionales hispano-portu- gueses de 1791 y los demarca- dores argentino-brasileros de 1 885-1 891, al estudiar el ter reno, en virtud de los tratados de 1777 y de 1885, han hallado aquel rio, es decir, el rio D E ment for the Argentine Re public upon the question with Brazil in regard to the territory of Misiones. Presented by Estanislao S. Zeballos, Envoy Extraor dinary and Minister Pleni potentiary of the Argentine Republic." (Official publica tion — Washington, 1894.)] (P. 146) The International Hispano-Portuguese explorers of 1 79 1, and the Argentine- Brazilian Demarcators of 1885— 1 89 1, when surveying the ground in accordance with the treaties of 1777 and 1885, found such a river, that is to 556 No. 83. (557 ) (grabado incluido antes), con- venido, dibujado y senalado por los Reyes a los comisarios demarcadores del limite, en el mapa de 1749, que sirvio de base y de guia a los tratados de 1750 y de 1777. La cuestion queda asi resuelta. Para cofn- pletar el limite basta remontar su curso y buscar las vertientes mas cercanas de un rio que corra al Yguazu, siguiendo el limite por este rio. say, the river " D E" (see pre ceding engraving), agreed upon traced and pointed out by the Kings to the Commission ers and boundary Demarca tors in the Map of 1 749, which was the basis and the guide of the treaties of 1750 and 1777. The question is thus solved. In order to complete the boun dary it is sufficient to follow up the course of this river in search of " las vertientes mas cercanas " (the springs or sour ces in closest proximity) of a river that runs to the Yguazu, the boundary then following this river. Es notable ademas esta cir- cunstancia : el rio pretendido por los brasileros, desde el punto B al Norte, no tiene sus vertientes cerca del rio que desagua en A en el Yguazu, sino de otro rio llamado Uru- gua— y afluente del Parana. Este hecho sera comprobado mas adelante con una decla ration oficial brasilera del gene ral Cerqueira, Ministro Pleni- potenciario del Brasil en este Arbitraje, y que fue uno de los esploradores del Territorio, Besides this there is also another important circum stance, namely, that the river the Brazilians claim to be the boundary from the point " B " towards the north does not have its sources or springs near or close to the river that empties at "A" into the Ygua zu, but nearer another river called the " Urugua-y," a tri butary of the Parana. This fact will be also proved later on by international documents and by an official Brazilian No. 83. (558) como miembro de la Comision Internacional Argentino — Brasilera. Luego, esta demo- strado por dos esploraciones hechas con un siglo de inter- valo : 1°. Que existe en el terreno el rio adoptado para limite internacional por el tra tado de 1750. 20. Que dicho rio ha sido cartografiado en 1885-1891 por una comision internacional y resulta con la misma position y direction general que tiene en el Mapa de las Cortes, 1749, que sirvio de base y de guia a los tratados y que encontraron tambien los demarcadores de 1 79 1 . 3 u. Que tiene contravertientes immedi- atas en un rio que desagua en el Yguazu. 40. Que la linea del limite defendida por los argentinos en la forma C D E es la misma pactada por los reyes en 1750 y dibujada desde E hasta D en el Mapa Portu- gues de 1749, protocolizado en 1 75 1 por Ambas Coronas. 50. Que la linea A B pretendida por el Brasil no tiene antece- dente legal en el mapa de 1749, ni en los tratados de 1750 y de 1777. declaration made by General Cerqueira, Minister Plenipo tentiary of Brazil in the present Arbitration, who was one of the explorers of the territory as a member of the Inter national Argentine-Brazilian Commission. It therefore seems to be demonstrated by two explorations, made with an interval of one century between them : — 1°. That there exists on the ground the river adopted as an international boundary by the treaty of 1750. 2°. That said river was mapped in 1891 by an inter national commission, with the ' result that its position and general direction on this map is the same that it had on the " Mapa de las Cortes " of 1749, which served as the basis and the guide of the treaties, these being also the same as those found by the Demarcators of 1 791. 3°. That it has close by the counter-sources of a river that empties into the Yguazu. 40. That the boundary line supported by the Argentines in the direction " C D E " is the same one agreed upon by the sovereigns in 1750 and No. 83. (559) drawn from " E " to " D " on the Portuguese map of 1749, to which the Protocol was added in 1 75 1 by both Crowns. 50. That the line "AB" claimed by Brazil has no legal antecedent, either on the map of 1749 or in the treaties of 1750 and 1777. (P. 155) El articulo VIII. del tratado confirma las inter- pretaciones precedentes en estos terminos : Art. 8°. Quedando ya sena- ladas las pertenencias de ambas Coronas, hasta la entrada del rio Pequiry o Pepiry-Guazu en el Uruguay, han convenido los dos altos contrayentes, en que la linea divisoria seguira aguas ariba, de dicho Pepiry hasta su orijen principal, y desde este por lo mas alto del terreno, bajo las reglas dadas en el articulo 6°, continuara a en contrar las corrientes del rio San Antonio, que desemboca en el Grande de Curitiva, que por otro nombre1 llaman I gua zu. (P. 164) The eighth Article confirms the preceding inter pretation in the following terms : Art. 8. The possessions of both Crowns, up to the en trance of the river Pequiry or Pepiry-Guazii into the Uru guay, having been already pointed out, the High Con tracting Parties have agreed that the boundary line shall follow up the stream of the aforesaid Pepiry to its main source and thence by the high est ground, according to the rules stated in the sixth Article, shall continue to find the waters of the river San An tonio which drains into the Grande of Curitiba, otherwise called Yguazu. . . . No. 83. ( 560 ) Los brasileros ha pretendido hallar en este articulo cierto pueril fundamento a sus pre- tensiones, porque da el nombre de San Antonio al rio, cuyas vertientes deben corresponder a los del Pepiry o Pequiry Guazii, para formar el limite. El argumento es simplemente artificioso. He dicho ya y lo comprobare a su tiempo, que los rios pretendidos por los brasileros, el Guarumbaca y el San Antonio de los demarca- dores de 1759, no tienen sus origenes cerca, ni correspon- dientes entre si. Las fuentes del San Antonio del error de 1759, correspondian a las del rio Urugua-y, que desagua como el primero en el Parana, es decir en la misma vertiente y es forzoso que sus origenes sean los mas cercanos, y cor- respondan a los de un rio tribu- tario del Uruguay, para ser admisible en el sistema fluvial del limite. The Brazilians have pre tended to find in this Article some puerile foundation for their pretensions, because it gives the name of " San An tonio " to the river the water sheds of which correspond to those of the Pequiry or Pepiry Guazu, forming the boundary. This argument is simply in genious. I have already stated, and it will be proved at the proper time, that the rivers claimed by the Brazilians, the " Guarumbaca " and the " San Antonio " of the Demarcators of 1759 do not have their origin near nor correspond ing among themselves. The springs of the " San Antonio " of the mistake of 1759 cor respond to those of the river Urugua— y, which empties like the former into the Parana, that is to say, it has the same sources ; and it is required that its sources should be the nearest and correspond to those of a river which was a tributary of the Uruguay, to be admitted into the fluvial system of the boundary. No. 83. (561 (P. 156) Por otra parte, se ha llamado teoricamente San Antonio, desde 1759 al rio del Norte, que debe corresponder al Pepiry o Pequiry Guazu, sin que eso importe resolver su situation geografica, que no esta dada por el Mapa de las Cortes, como la del segundo, y sin que se pretendiera subor- dinar el limite a los nombres. Al contrario, he demostrado que en 1759 los Reyes accordaron que en estos casos el nombre siguiera al limite. De suerte que llamandose teoricamente San Antonio el rio contraver- tiente del Pepiry o Pequiry- Guazti, hay que buscar su situation en el terreno, de acuerdo con los antecedentes : Mapa de las Cortes, texto y espiritu de los tratados. El Mapa de las Cortes, no anulado, dio clara e irrevocablemente la base de dos rios para trazar los limites : el Uruguay-Pita, y aguas arriba de este el Pepiry o Pequiry- Guazu. Del otro rio ni dio nombre, ni le acordo importancia ; quedada subor- dinado al Pequiry o Pepiry. Se limito a ordenar en efecto, que hallado el rio capital Pepiry o (P. 165) On the other hand, since 1759 the river on the North that should correspond to . the Pepiry or Pequiry- Guazu has been called theo retically " San Antonio," with out this however solving the question of its geographical position, which is not given by the " Mapa de las Cortes " like that of the latter, and without any intention of sub ordinating the boundary to the names. On the contrary, I have demonstrated that in 1759 the Sovereigns agreed that in these cases the names should follow the boundaries ; so that the river having its sources opposite the sources of the Pepiry or Pequiry-Guazu being theoretically called the " San Antonio," it is only needful to find its location on the ground in accordance with the antecedent facts and the " Mapa de las Cortes," which is the text and the spirit of the treaties. The "Mapa de las Cortes," never nullified, gave clearly and irrevocably two rivers as the basis by which to trace the boundaries ; the Uruguay-Pita and above K No. 83. (562) Pequiry siguieran su curso los demarcadores hasta su fuente principal, y siguieran la fuente mas cercana de otro rio, que desaguara en el Yguazu, cual- quiera que fuera su nombre. this the Pepiry or Pequiry- Guazii. It gave no name to the other river, nor did it give it any importance, leaving it subordinate to the Pequiry or Pepiry. It limits itself to di recting, in effect, that when the vital river Pequiry or Pepiry is found, the Demar cators shall follow its course to its principal spring, and then find the nearest neigh bouring spring of another river, whatever may be its name, which empties into the Yguazu. (P. 163) Luego el Brasil admite oficialmente el Mapa de las Cortes y trazando el limite, como este lo trae, el rio San Antonio debe ser bus- cado en la contravertiente, en el San Antonio-Guazu de Oyar- vide, sostenido por los argen- tinos. Si se trazara el limite por el San Antonio del error de 1749, que pretenden los Bra sileros, el limite resultaria que- brado. (P. 172) Therefore Brazil officially admits the " Mapa de las Cortes}' and tracing the boundary according to it, the river San Antonio should be sought in the counter-sources, on the opposite watershed, in the " San Antonio-Guazu," as it was called by Oyarvide, sup ported by the Argentines. If the boundary is traced along the San Antonio of the mistake of 1759, as maintained by the Brazilians, the result would be an absurd boundary. No. 83. (563) (P. 164) Lo que arriba que- daba espresado era la linea delos limites, la raya roja del Mapa de las Cortes, que en la zona del actual litijio, siguiendo el curso del rio Pequiry o Pepiry, debia buscar el rio contravertiente, que desaguara en el Yguazu. (Articulo 25 del Tratado de 1750.) (P. 173) That which had " already been expressed " was the boundary line, the red mark of the " Mapa de las Cortes," which in the zone of the present dispute follows the course of the river Pequiry or Pepiry in search of a river " contravertiente " (i.e. one having its sources opposite to the former, and adjacent there to), which empties into the Yguazu on the counter water shed (Article XXV. of the Treaty of 1750). (P. 177) La cuestion de Misiones consiste como se ha visto, en que el Brasil pretende por limite el rio que entra al Uruguay aguas abajo del Uru guay-Pita y busca las verti entes mas cercanas del rio opuesto, que desagua en el Yguazu ; mientras que la Re- publica Argentina, heredera legitima de la Corona de Es pafia, mantiene lo que le dan los tratados de esta con Portu gal y el Mapa de las Cortes de 1749, que sirvio para redac- tarlos, y ellos ordenan que el limite corra por el sistema de (P. 188) The question of Misiones arises out of the claim by Brazil that the boundary is the river that enters into the Uruguay below the Uruguay- Pita, and a line seeking the nearest sources of the opposite river flowing into the Yguazu ; while the Argentine Republic, a lawful heir to the Crown of Spain, holds that which was given to the latter by the treaties made between it and Portugal, and by the " Mapa de las Cortes}' which served as the basis in drawing up those documents ; and the No. 83. (564) rios, situados aguas arriba del said treaties provide that the Uruguay-Pita. boundary shall run by the system of rivers situated above the Uruguay-Pita. (P. 216) . . , y continuara aguas arriba del Pepiri hasta su origen principal desde el cual seguira por lo mas alto del terreno hasta la cabecera principal del rio mas vecino, que desemboca en el grande de Curitiba, que por otro nom bre llaman Yguazu, por las aguas de dicho rio mas vecino del origen del Pepiri, etc. (P. 228) . . . and they shall continue up the stream of the Pepiry to its principal source, from which it shall continue through the highest ground to the main headspring of the nearest river which flows into the Grande of Curitiba, other wise called Yguazu, through the waters of the said river nearest to the source of the Pepiry . . . (P. 231) . . . declaramos que reconocemos este por el rio Periri, determinado en el articulo quinto del Tratado de Limites, por frontera de los Dominios de Sus Majestades la Catolica y la Fidelisima y en su consecuencia, que la demarcation empezada en el Pueblo San Xavier, y se- guida aguas arriba del Uru guay, hasta la boca de este, debe continuar, siguiendo su curso hacia sus cabeceras sin embargo de no hallarse su efectiva position, conforme a (P. 244) . . . We hereby de clare that we recognize this as the river Pepiry named in Article V, of the Treaty of Boundaries as the boundary between the dominions of Their Catholic and Most Faith ful Majesties ; consequently the demarcation begun at the pueblo of San Xavier and followed up stream along the Uruguay up to the mouth of this river shall follow its •course towards its headwaters, in spite of its true position not being in accordance with the No. 83. ( 665 ) la que le da el Mapa de la Demarcation dado por las dos Cortes, no debiendo segun la declaration signada al reverso de el, por los dos Exmos. Senores Plenipotenciarios, Don Joseph de Carvajal, y Lan caster, y Vizconde Don Thomas Da Sylva Tellez, atenderse a dicho mapa, sino en cuanto este se halle conforme al Tra tado, y para que en todo tiempo conste este acto de reconocimiento, y lindero de la division de terminos, hici- mos la presente declaration firmada por todos los infra- scritos. one given it in the Map of the Demarcators by the two Courts as we ought not to follow the declaration that appears on its reverse side, signed by their Excellencies the two Plenipotentiaries Don. Josef de/ Carvajal y Lancaster and Viscount Don Thomas. da Silva Tellez to follow the aforesaid map, only in so far as it agrees with the Treaty .- And in order that this act of recognition and boundary of the division of limits may be known for all time we made this present declaration, signed by all of the undersigned. (P. 232) Si el arroyo Guar- (P. 246) If the small stream umbaca no es el rio del limite, su correlativo, su contraver tiente, que desagua en el Ygua zu, no lo es tampoco. called the Guarumbaca is not the river of the boundary, then neither is its correlative, its counter-source upon the op posite watershed, which emp ties into the Yguazu, a boun dary. (P. 233) La primera disputa (P. 247) The first dispute sobrevino en 1759, respecto de occurred in 1759 regarding the las nacientes de los rios que sources of the rivers that origi- - siirjen en el Estado Oriental y nate in the Estado Oriental, desaguan en el Uruguay, o sea (Uruguay) and flow into the No. 83. (566) en la parte del limite en que corre este rio, desde el Oceano. Uruguay, or in that part of the boundary that lies between the Ocean and this river. (P. 234) Ordena, en seguida que se busque la naciente prin cipal del rio mas cercano que desague en el I guazu, al que se da el nombre de San An tonio. Los brasileros quieren deducir de este nombre la aprobacion de los errores de la demarcation de 1759, y sostienen que ese es el rio del limite, cuyas nacientes deben corresponder a las del arroyo Guarumbaca ofalso Pepiry. La interpretacion es violenta. In- corporado espresamente, como esta, el tratado de 1750 al tratado de 1777 en el punto del limite sometido al arbitraje, lo esta igualmente el Mapa de las Cortes, que ambas declara- ron parte integrante del primer tratado, en un protocolo fir- mado sobre el mismo mapa. Dada por este la situation del rio del limite, el Pepiry o Pequiry, que debe ser un rio grande y demostrado en 1791 y en 1 891 que este rio existe sobre el terreno, en la misma position, en que lo dibujo (P. 248) It directs, in con tinuation, that there must be sought the principal source of the nearest river of the oppo site watershed which empties into the Yguazu, to which it gives the name of " San An tonio." The Brazilians wish to infer from this name the ap proval of the errors of the Demarcation of 1759, and they assert that this is the boundary river the source of which should correspond to the " arroyo " Guarumbaca, or the false Pepiry, on the oppo site watershed. This interpre tation is a violent one. The Treaty of 1750 has been ex pressly incorporated into the Treaty of 1777 in the particu lar of the boundary now sub mitted to the Arbitrator, and so also has the " Mapa de las Cortes}' which both Crowns declared to be an integral part of the former Treaty in a protocol signed upon the very map itself. The situation of the boundary river Pepiry or No. 83. (567) aquel mapa, es claro que el Pequiry, which should be a limite debe continuar por las large river (Rio Grande) being vertientes principales del rio mas cercano que corra al Yguazu. given on that map, and it being demonstrated in 1791 and in 1891 that this river actually exists in the field in the same position in which it is delineated upon the map, it is clear that the boundary must continue by the principal headwaters of the nearest river upon the opposite watershed which empties into the Ygua zu. El falso Pepiry de 1759 queda rechazado espresamente por el tratado y por sus ante- cedentes ; luego el otro arroyo llamado entonces San Antonio, queda rechazado tambien. Mas adelante probare que los demar- cadores brasileros y argentinos han hallado en 1891 que el falso Pepiry o arroyo Guarum baca, y el arroyo San Antonio del error no tienen sus ver tientes cerca, como lo exijen los tratados de 1750 y de 1777. The false Pepiry of 1759 is therefore expressly rejected by this Treaty and its antecedents, and, of course, the opposite " arroyo," which was termed the " San Antonio," also stands rejected. Farther on it will be proved that the Brazilian and Argentine Demarcators of 1 89 1 found that the watershed of the false Pepiry or " arroyo " of Guarumbaca and the coun ter or opposite watershed of the San Antonio were not near one another and did not cor respond, as was strictly re quired by the Treaties of 1750 and 1777. No. 83. (568) (P. 235) Acabo de decir que dos exploraciones internacio- nales de 1791 y de 1891, han demostrado sin discrepancia, que los arroyos Guarumbaca (falso Pepiry) y San Antonio de' 1759, pretendidos por el Brasil, no tienen la condition puesta por los tratados de cor relation y cercania de sus ver tientes ; mientras que esta cir- cumstancia ha resultado plena- mente comprobada entre los rios Pepiry 6 Pepiry Guazu y San Antonio Guazu de Oyar- vide, que sostienen los argen- tinos. (P. 249) It has been clearly shown that the two inter-' national explorations of 1791 and 1891, without any dis crepancy, demonstrated that the " arroyo " Guarumbaca (false Pepiry) and the " arroyo" San Antonio of 1759, claimed by Brazil as the boundary, did not fulfil the conditions re quired by the Treaties as to the correlation and close proxi mity of their respective water sheds ; while these require ments are fully met, as has been proved by observations, by the relations found to exist between the Pepiry or Pequiry- Guazu and the San Antonio- Guazu of Oyarvide, which are maintained by the Argentines. (P. 240) El rio Uruguay- piuta es bien conocido por los Indios de Misiones, principal- mente de los del pueblo de San Angel, que le son los mas vecinos, y se pasan sus verti entes por el camino que va a la Baqueria. (P. 255) The river Uruguay- Pita is well known by the Indians of Misiones, especially by those of the pueblo of San Angel, who are nearest to it and pass its headwaters by the road that goes to the Vaqueria. (P. .24,3) Recomendandose a (P. 259) Recommending to los comisarios que lleven a the Commissioners who are to ejecucion esta Linea divisoria, lay out this line of demarcation No. 83. (569) que sigan en toda ella las direc- ciones de los Montes por las cumbres de ellos, o de los rios donde los hubiere a proposito, y que las vertientes de dichos rios, y sus nacimientos, sirvan de Marcos a uno y otro Do minio, donde se pudiere eje- cutar asi, para que los rios que nacieren en un Dominio y cor- rieren hacia el, queden desde sus nacimientos a favor de aquel Dominio, lo cual se puede efectuar mejor en la Linea, (...) que correra desde la Laguna Merin hasta el rio Pepiriguasu, en cuyo paraje no hay rios Grandes, que atra- viesen de un Terreno a otro, porque donde los tuviere no se podra verificar este metodo, como es bien notorio, y se seguira el que en sus respecti- vos casos se especifica en otros articulos de este Tratado para salvar las pertenencias y posesiones principales de ambas Coronas. to follow along its entire length the direction of the mountains along their tops or along the rivers, if there are any suit able ; and to make of the head waters and sources of these rivers the boundaries of one and the other possessions in all places where it can be done, so that all the rivers that rise within one possession and run towards it shall remain in favour of that Power ; this can be done on the line (...) that is to run from the lagoon Merin to the Pepiri-Guazu river, at which place there are no large rivers, crossing from one country into the other, because wherever such occur, this method cannot be em ployed, as it is evident, and such one will be followed as is specified for each respective case in other Articles of this Treaty, for the purpose of saving the properties and prin cipal possessions of both Crowns. (P. 251) En la misma con- (P. 268) In the same con- formidad se me hace dificultosa formity the demarcation of la demarcation de este rio this river Yguazu is to me Iguazu, en cuanto no se veri- very difficult, inasmuch as its No. 83. (570) fique su union con las cabeceras origin ales de los rios Pepiri- Guazu y San Antonio, siendo tan dudosa la situacion de las del primero, como que no hay persona alguna que las co- nozca ; antes por el contrario no deja de haber quien diga que entre las citadas vertientes pasa un rio, que tiene su origen en los campos y establecimien- tos de Curitiva, a donde se conoce con la denomination de rio Marombas y desagua en el Parana con el nombre de Uru guay, en la latitud 25" 53' o" poco mas. union with the original sources of the rivers Pepiry-Guazu and San Antonio is not verified, the situation of the former being so doubtful, as there is no person who knows them ; on the contrary, there were those who said that between the said sources passed a river that had its origin in the fields and settlements of Curitiva, where it is known by the name of the river " Marombas," and which empties into the Parana with the name of Uruguay, in latitude 250 53' or a little more. (P. 252) Estas dudas pro- cedian de la sospecha de que los origenes del San Antonio de 1759, no correspondian con los del Pepiri, tal como se lo imagi- naron falsamente los demar- cadores de aquel afio, y al juicio del Jefe de los demar- cadores Portugueses de 1788, el San Antonio, segun el tra tado mismo, no podia ser linea de frontera sino a condicion de que sus origenes correspon- dieran con los del Pepiri o Pequiri-Guazu, es decir que sus nacientes principales fueran (P. 269) These doubts arise from the suspicion that the headwaters of the San Antonio of 1759 did not correspond with those of the Pepiry, and in the opinion of the chief of the Portuguese demarcators of 1788 the San Antonio, accord ing to the same Treaty, could not be the frontier line, except on the condition that its head waters should correspond with those of the Pepiry or Pequiry Guazu ; that is to say, that its principal sources were the im mediate counter-sources, or op- No. 83. (571 contravertientes inmediatas unas respecto de otras. Na- die, segun dicho Jefe de de- marcadores Portugueses, cono- cia, ni habia descubierto aun las cabeceras originales del falso Pepiri, y hasta sospechaba, que entre las vertientes de uno y otro rio, cruzara el rio de las Marombas, que traia su curso desde los campos de Curitiva, segun los Indios. Adviertase que en presencia de esa negation terminante, no se explica como el Brasil haya podido afirmar, que los demarcadores de 1759 dejaron atada la frontera entre las cabeceras del falso Pepiri y del falso San Antonio. posite ones, in respect to the other. No one, according to the said chief of the Portuguese Demarcators, knew, nor had they yet discovered, the sources of the false Pepiry, and it was suspected that between the headwaters of one river and the other crossed the river of Mo- rombas, which took its course from the fields of Curitiva, ac cording to the Indians. It might be noted that in the face of this final negation it is not explained how Brazil could have asserted that the Demar cators of 1759 left the frontier fixed between the sources of the false Pepiry and the false San Antonio. (P. 253) La linea se ha de seguir, con las condiciones es- tipuladas, de la vertiente prin cipal del rio Pequiri o Pepiri- Guazu por las cabeceras del rio San Antonio, a buscar el Yguazu en la forma que met 6- dicamente especifica el tratado y no inversamente. (P. 269) The line must fol low, according to the condi tions stipulated, from the prin cipal source of the river Pepiry or Pequiry Guazu, by the head waters of the river San An tonio, to seek the Yguazu, in the form in which the Treaty methodically specifies, and not inversely. (P. 253) Seguramente no se (P. 270) Surely the Portu- imajino el comisario portu- guese Commissioner did not be- No. 83. ( 572 ) gues, aunque; . lo suponia, que la vertiente reconocida como coyitra-vertiente del falso San Antonio fqera nada menos que el rio Urugua-y , tributario del Parana^ es decir, el mismo rio que los indigenas, pobladores- de esos lugares le habian dicho que era el rio de las Marombas, nacido en los carnpos de Curitiva. Sin em bargo, los demarcadores de 1759 tomaron esas vertientes por las del falso Pequiry o Pepiry-Guazu. Queda, pues, la constancia, de que fue el jefe de los comisarios Portu gueses q.uien indico y sostuvo por primera vez que el arroyo de San Antonio, falsamente explorado en 1759, no era uno de los rios caudalosbs del limite. lieve, although he might have conjectured, that these head waters recognized as the coun ter-sources of the false San Antonio were no less than those of the river Urugua-y, a tributary of the Parana, that is to say, the same river which the aborigines living in those regions had said was the-/' Ma rombas," which rose in the fields of Curitiva, and yet the Demarcators of 1759 took these headwaters for those of the Pepiry or Pequiry-Guazu. The fact then remains well settled that it was the chief of the Portuguese Commissioners who indicated and asserted for the first time that the " ar royo " or small stream of the San Antonio, wrongly ex plored in 1759, was not one of the boundary rivers " cau- dalosos " or of large, volume. (P. 264) Subiendo el curso del rio Pequiry o Pepiry del Mapa de las Cortes, hasta las alturas,que dividen las aguas, entre los rios Urugua-y e Ygua zu, se encuentran vertientes cercanas de algun rio, afluente del ultimo nombrado y en (P. 282) Going up the course of the River Pepiry or Pequiry of the " Mapa de las Cortes}' as far as the high ground that divides the waters between the rivers Urugua-y and Yguazu, can there be found the sources near by of any river which is No. 83. ( 573 ) correspondencia con las del dicho Pepiry o Pequiry que desaguen en el Yguazu. El Mapa Internacional demuestra que el rio en tal situation y con tales caracteres, existe en conformidad del mapa de 1 749 y los tratados de su referenda, confirmando asi las investiga- ciones de los Comisarios de 1777. En consecuencia, queda tambien comprobado oficial y definitivamente por el Brasil y por la Republica Argentina : — Que el rio por el cual debe continuar el limite en las ver tientes cercanas, que corre- sponden al Pepiry 6 Pequiry- Guazu del Mapa de las Cortes, existe en la misma position, en que dicho mapa y los tratados lo indicaban. a tributary of the latter and corresponding upon the oppo site watershed to those of the Pepiry or Pequiry, and which empties into the Yguazu ? The International Map demon strates that a river in this situation and of this descrip tion does in fact exist in con formity with the Map of 1749 and the treaties referring to it, thus confirming the investiga tions of the Commissioners of 1777. Therefore it is officially and conclusively proved for Brazil and for the Argentine Republic that the river which the boundary must follow at the nearest headwaters corre sponding and opposite to the Pepiry or Pequiry-Guazu of the " Mapa de las Cortes " does exist in the very position in which it is indicated by that map and the treaties. (P 268) Los demarcadores de 1777 advirtieron que los rios Pepiry y San Antonio, erroneamente esplorados por lo: comisarios de 1759, no tenian sus vertientes cerca, ni en correspondencia. El Jefe de los ingenieros por- (P. 286) The Demarcators of 1777 noticed that the rivers Pepiry and San Antonio, er roneously explored by the Com missioners of 1759, did not have their headwaters either near each other or correspond ing to one another on opposite No. 83. (574 ) tugueses, creia que entre aquellas vertientes pasaba un tercer rio, nacido en Curi tiba ; y la comision de geo- grafos de las dos naciones, mandada a verificar el hecho, encontro que en efecto entre aquellas vertientes nacia un rio el cual desagua en el mismo Parana, y que tenia sus fuentes cercanas de las del falso San An tonio. Hallaron, ademas, que las vertientes del falso Pepiry quedaban muy lejos de las ver tientes de los dos rios anteri- ores ; y que por consiguiente no se acomodaban, para servir de limites, a las palabras de los articulos 50 y 8° de los Tratados de 1750 y de 1777. La esploracion internacional de 1885 a 1 891, mas detenida y con mejores elementos cien- tificos, que la de 1777, ha com- probado : que entre las ver tientes del Pepiry y San An tonio el del error de 1759, se interponen, no uno, sino dos rios que separan entre si aquel las vertientes y les quitan los caracteres exijidos por los tra- watersheds. The chief of the Portuguese Engineers thought that between their headwaters there passed a third river which originated in Curitiba ; and the Commission of Geo graphers from the two nations sent to verify this fact found that in fact between their headwaters there was the source of a river that finally emptied into the Parana and that it had its springs near those of the false San Antonio. They found out, besides, that the sources of the false Pepiry were very far from the two preceding rivers and that there fore they could by no means be made to serve as the boundary according to the terms of Articles V. and VIII. of the Treaties of 1750 and 1777. The International Explo ration of 1885-1891, made more carefully and with better scientific preparation and means than that of 1777, has proved that between' the sour ces of the Pepiry and the er roneous San Antonio of 1759 are interposed not one but two rivers that separate still farther these two watersheds and de- No. 83. (575 ) tados. Presento al Arbitro, en esta misma pagina, el piano internacional, firmado por los ingenieros brasileros y argen- tinos, que comprueba el hecho ; y en el cual los dichos rios llevan los nombres de Capa- nemay Urugua-y. Adviertase que el rio Capanema fue des- cubierto por esta esploracion internacional, que le dio el nombre del Jefe de los demar- cadores del Brasil. Queda asi, oficial y definiti- vamente establecido por el Brasil y por la Republica Ar gentina : que los rios Pepiry y San Antonio, del error de 1759, no tiene sus vertientes cerca, ni en las condiciones de correspondencia dadas por los tratados de 1750 y 1777 y que, por ultimo, el unico sistema de rios que a ellos se acomoda, es el de los rios Pepiry o Pequiry- Guazu y San Antonio-Guazii, situados al Oriente de los an- teriores. prive them of the character istics required by the treaties. I present herewith to the Arbi trator the International Plan, signed by the Brazilian and Argentine Engineers, which proves this fact, and in which these rivers bear the names of " Capanema " and " Uru gua-y." The facsimile of the same is here enclosed. It should be also noted that the river Capanema was discovered by this International Explo ration, which gave to it the name of the chief of the Bra zilian Demarcators. Brazil and the Argentine Republic have thus officially and definitively established the fac': that the rivers Pepiry and San Antonio of 1759 do not have their headwaters either near each other or in the con ditions as to correspondence upon opposite watersheds re quired by the Treaties of 1750 and 1777 ; and that further more the only system of rivers that conform 3 to the require ments, is that of the rivers Pepiry or Pequiry-Gua u and the San Antonio-Guazu, situ ated to the east of the preced ing rivers. No. 83. (576) (P. 269) La Comision Mixta de Limites, despues de los trabajos de mis distinguidos y apreciados amigos los Senores Comisarios Guillobel y Vira soro, habian declarado en docu- mentos oficiales que el ver- dadero San Antonio Guazu del geografo espafiol Oyarvide, es el Yangada, y no el Chopin. Por los estudios de estos dis tinguidos profesores quedo pro- bado que el rio mas vecino del Chapeco, denominadado por los espanoles ayer y por los argentinos hoy, Pequiry-Guazu y que corre para el Iguazu, es el Yangada. " Posterior men te por trabajos prolijos de delineation y agri- mensura, hechos bajo la misma inmediata direccion y la de mi colega Virasoro, y ejecu- tados por los ayudantes Jardin, Rego Barros, Montes y Dous- set, y en los que trazamos curvas de nivel en toda la zona para demostrar el divortia aquarum quedo demonstrado hasta la evidencia, que el Yan gada no solo es el rio mas proximo al Chapeco, que corre hacia el Iguazu, s'no que (P. 287) The Joint Boun dary Commission after the work of my distinguished and esteemed friends, Commission ers Guillobel and Virasoro was ended, declared in official docu ments that the true San An tonio Guazu of the Spanish Geographer Oyarvide is the Yangada and not the Chopin. By the surveys of these dis tinguished professors it was proven that the nearest river to the Chapeco named by the Spaniards formerly and by the Argentines to-day, Pequiry- Guazu, and which runs to wards the Yguazu, is the Yan gada. Subsequently, by very full and detailed drawings and sur veys made under the immedi ate direction of the same and of my colleague Virasoro,. and executed by the Assistants, Jar- din, Rego Barros, Montes and Dousset, and in which we drew curves showing the ele vations throughout the zone to demonstrate the divortia aquarum, it was demonstrated beyond question that the Yan gada is not only the nearest river to the Chapeco which No. 83. (577 ) tambien es su contravertiente. De igual manera que esto quedo probado, resulto tam bien, por trabajos emprendidos con igual es atenciones y escru- pulos, en la zona comprendida entre las cabeceras del Pepiry- Guassu y San Antonio, la con viction de no ser este el rio mas vecino de aquel que corre para el Iguazu, ni ser su contraver tiente. runs towards the Yguazu, but that it is also its counter-source. In like manner as this was proven, from the work carried out with equal carefulness and scrupulous attention on the zone comprised between the sources of the Pepiry Guazu and the San Antonio, the con viction was also arrived at that this river (the Chopin) was not the nearest to that which runs towards the Yguazu nor its counter-source. Es de importancia, efectiva- mente, confirmar las afirma- ciones de los demarcadores de la segunda epoca, segun los cuales en el sistema de rios de la demarcation de 1759, anu- lada en 1777, no se verificaban las exigencias de las instruccio- nes. La exploration interna cional de 1885 a 189 1, demo- stro que la contravertiente del falso San Antonio de 1759, no era el Pepiri o Pequiry, sefia- lado por el indio, que desagua abajo del Uruguay Pita, sino un tercer rio, que, lejos de correr como aquel, a derra- marse en el Uruguay, es aflu- ente del Parana. El Sefior (P. 288) It is important to confirm the affirmations of the Demarcators of the second epoch, according to which the system of the rivers of the Demarcation of 1759 annulled in 1777 did not fulfil the re quirements of the instructions. The international surveys from 1885 to 1891 demonstrated that the counter-source of the false San Antonio of 1759 upon the opposite watershed, was not the Pepiry or Pequiry in dicated by the Indian, which emptied down stream from the Uruguay-Pita, but a third river, which, instead of run ning like that to mingle its L No. 83. (578) Ministro del Brasil, General de Castro Cerqueira, lo explico claramente en estos terminos y en aquella misma discusion contestando a. escritores brasil eros, por haber aceptado como demarcador honrado, aquellos hechos que no era posible borrar del suelo : waters with the Uruguay, is on the contrary a tributary of the Parana. The said Minister from Brazil in Washington, General de Castro Cerqueira, explains this clearly in similar terms, and in this same discus sion, when answering Brazilian writers who attacked him for having accepted, as an honest Demarcator, these facts which it was impossible to efface from the ground, he says : (P. 270) La linea divisoria de las aguas que vierten, de un lado para el rio Uruguay y del lado opuesto para el Ygua zu, tiene su punto terminal del lado occidental en la cabe- cera principal del rio Pepiry Guazu. Desde este punto para el Oeste el divisor de las aguas se bifurca de manera que la rama del Noroeste divide las aguas que corren para el Ygua zu de las que corren para afluentes del Parana y la rama del Sudoeste divide las aguas que corren para los afluentes del Parana de los que van para los afluentes del Uruguay. (P. 288) The line which divides the waters which de scend on one side towards the river Uruguay and on the op posite side toward the Yguazu has its terminal point on the western side in the principal spring of the river Pequiry- Guazu. From this point to ward the west the divider of the waters is bifurcated in such a way that the north-west branch divides the waters that run to the Yguazu from those that flow into the tributaries of the Parana, and the south west branch divides the waters that run into the tributaries of the Parana from those that No. 83. (579) Afirmo que nadie por sabio y autorizado que sea, podra, negar el hecho geografico. Si- endo asi, como efectivamente sucede, y ahi estan para pro- barlo los trabajos de la Comi sion de Limites, vemos al San Antonio naciendo en la verti- ente norte de la rama Noroeste, y corriendo para el Yguazu, y del lado opuesto de la misma sierra, en una estension de cerca de tres leguas para el Sudeste, las cabeceras nume- rosas del rio Uruguahy, afluente del Parana. La vertiente opues- ta a aquella, en que nace el San Antonio, solamente da aguas para el Parana y por lo tanto la contravertiente del San Antonio es el rio Uruguahy y no el Pepiry-Guazu, cuyas contravertientes son otro rio denominado Capanema, que tiene con el nacientes comunes y corre en la vertiente opuesta que es la del Yguazu, y el rio Uruguahy, que nace en la vertiente opuesta y da aguas al Parana- flow into the tributaries of the Uruguay. I assert that no one, how ever wise and learned he may be, can deny the geographical facts. This being so, as the facts show, and the labours of the Boundary Commission prove, we see the San Antonio rising on the watershed north of the north-west branch and run ning toward the Yguazu, and on the opposite side of the same range, with an extension of nearly three leagues towards the south-east, the numerous sources of the river Urugua-y, a tributary of the Parana. The watershed opposed to that in which the San Antonio rises only gives its waters to the Parana, and therefore the counter-source of the San An tonio is the river Urugua— y and not the Pepiry-Guazu, the counter-sources of which are those of another river called the " Capanema," which has springs in common with it and runs down the watershed oppo site which is that of the Ygua zu, and the river Urugua— y which rises in the opposite No. 83. (580) watershed and gives its waters to the Parana. Demonstrado por la autori- dad conteste de los explora- dores argentinos y brasileros que en el sistema de los rios pretendidos por estos, como limite internacional o sea los rios occidentales, no se veri- fican los caracteres fisicos de cercania de las vertientes o de ser el uno contravertiente del otro como lo pedian los tra tados, el mapa-base de la de marcation y las instrucciones de las Cortes, es evidente e indiscutible que esas no son las corrientes de agua descritas, como linea divisoria, y que deben ser buscadas mas al oriente. Al contrario, todas las de- scripciones concuerdan con los carateres fisicos hallados en el sistema de los rios orientales o sostenidos por la Republica Argentina, en ejercicio del derecho heredado de Espafia. Oigase una vez mas al Senor Ministro de Brasil, general de Castro Cerqueira : Tratemos ahora del Yangada (San Antonio Guazu de Oyar- (P. 289) It is proved by the common authority of the Ar gentine and Brazilian explorers that the river of the system claimed by the latter as the international boundary, or the western rivers, do not comply with the physical characteris tics required for the corre spondence of their respective watersheds, or being one the counter-source of the other, as stated in the treaties, the basic map of the Demarcation and the instructions of the two Courts. On the contrary, the inter national map herewith shows the characteristics of the east ern system of rivers according to the treaties, and as they in fact are located upon the ground. Let us refer once more to the Minister of Brazil, General Castro Cerqueira, who says : We are discussing now the Yangada (San Antonio-Guazu No. 83. (581 ) vide) y del Chapeco (Pepiry- Guazu de los espanoles) admiti- endo asi mismo la definition del Sefior Guillobel, La linea de la vertiente entre el Uru guay y el Yguazu, que comi- enza en las cabeceras del Pepiry Guazu (de 1759) corre el rumbo general del Oeste al Este, divi- diendo las aguas de las dos vertientes despues de haber dividido las que corren para el Chopin, de las que van a caer al Chapeco, pasa entre las cabe ceras de este y del Yangada, como viene indicado en todos los mapas, de modo que las diversas cabeceras de este, estan al frente de otras del Chapeco, habiendo algunas que nacen hasta en los mismos bafiados. Estas cabeceras todas del Yan gada nacen en la vertiente del Yguazu, y las del Chapeco nacen en la vertiente opuesta. Luego el Chapeco es la contra vertiente del Yangada. of Oyarvide) and the Chapeco (the Pepiry-Guazu) of the Spaniards), admitting at the same time the definition of Sefior Guillobel. The line of the watershed between the Uruguay and the Yguazu, which begins in the sources of the Pepiry-Guazu (of 1759) runs with a general course from the west to the east, divid ing the waters of the two water sheds, after having separated those that run to the Chopin from those that flow towards and fall into the Chapeco, it passes between the sources of the latter and those of the Yangada, as may be seen in all the maps, in such a way that the different sources of the latter are in front of the others of the Chapeco, there being some that even rise in the same basin. All these springs of the Yangada rise on the watershed of the Y guazi'i and those of the Chapeco rise on the opposite watershed. There fore the Chapeco is the counter- source of the Yangada. (P. 283) Ya en el Tratado (P. 301) It was said in the de Enero 13 de 1750, se habia Treaty of January 13, 1750, No. 83. (582) dicho que la linea divisoria por esta parte subiera desde la boca ,del Ybicuy, por las aguas del Uruguay, hasta encontrar la del rio Pepiri 6 Pequiri, que desagua en el Uruguay por su ribera occidental, y continu- aria aguas arriba del Pepiri hasta su origen principal, desde el cual seguiria por lo mas alto del terreno hasta la cabecera principal del rio mas vecino, que desemboca en el Grande de Curitiba, 6 Iguazu, por los aguas de dicho rio mas vecino del Pepiri, y despues por las del Iguazu, hasta donde este desemboca en el Parana, por su ribera Oriental. that the dividing line in this portion of it would proceed from the mouth of the Ybicuy by the waters of the Uruguay until arriving at those of the river Pepiry or Pequiry, which empties into the Uruguay on its western bank, and would continue up the stream of the Pepiry to its principal source, from which it would proceed by the highest ground to the principal source of the nearest river, which emptied into the Grande de Curitiba, or Yguazu by the waters of the said river nearest to the Pepiry and afterwards by those of the Yguazu to where the latter empties into the Parana upon its eastern bank. (P. 283) Por el art. 8 de este Tratado ampliandose el contenido del art. 3, se repite el Contenido del art. 5. del 1750 con algunas explicacio- nes mas. Quedando ya sefia- ladas, dice, las pertenencias de ambas Coronas, hasta la en trada del rid Pequiri 6 Pepiri- guazu en el Uruguay con- vinieron las altas partes con- tratantes en que la linea divi- (P. 302) In the eighth Article of that Treaty, ampli fying the matter contained in the third Article, the provi sions of the fifth of the Treaty of 1750 are repeated, with some further explanations. It says that the belongings of the two Crowns having been indi cated as far as the place where the river Pepiry or Pequiry- Guazu enters the Uruguay, the No. 83. (583) soria seguira aguas arriba de dicho Pepiri, hasta su origen principal, y desde este por lo mas alto del terreno, bajo las reglas dadas en el articulo 6, continuara a encontrar las corrientes del rio San Antonio, que desemboca en el grande de Curitiba, que por otro nombre llaman Yguazu, siguiendo este aguas abajo hasta su entrada en el Parana por su ribera oriental. high contracting parties agreed that the dividing line should follow up the stream of the said Pepiry to its principal origin or source, and from there go by the highest land, under the rules given in the sixth Article, until the head waters of the San Antonio were met, which empty into the Grande de Curitiba, the other name of which is the Yguazu, and following this down until it falls into the Parana on its eastern bank. (P. 292) En fin, el territorio sometido al Arbitraje se esti- ende hasta dicho limite oriental en la vertiente del Yguazfi. Las poblaciones brasileras hal- ladas en 1885 por los demar- cadores internacionales entre las vertientes de los rios del Este, San Antonio Guazu y Pepiry Guazu, cuya fundacion casual en 1840 y en 1881 he narrado no comportan un acto de do minio sobre territorio argen tine (P. 311) So that the terri tory submitted to arbitration extends as far as the aforesaid eastern boundary on the watershed of the Yguazu. The Brazilian villages found in 1885 by the international De marcators between the water sheds of the eastern rivers, the San Antonio-Guazu and Pe piry Guazu, the accidental settlement of which in 1840 and in 1881 I have above narrated, did not import an act of dominion over Argen tine territory. No. 84. MINISTER DOMINGUEZ' USE OF "VERTIENTES" AND OFFICIAL TRANSLATION BY "THE FALLS OF THE RIVERS." [From Argentine official Documents as indicated below.] (Quoted on p. 625 of the Statement.) [Extract of " Memoria del Ministerio de Relaciones Exteriores," Buenos Aires, 1892, pp. 47, 48, and 49.] El sefior Dominguez acon- sej 6 sin perdida de tiempo a. su Gobierno que entrara por estos nuevos rumbos, creyendo que podia dividirse el territorio dis- putado entre los dos Pepiri por las alturas que separan las vertientes de ambos rios y los dos San Antonio. El doctor Irigoyen habia sido llamado a. ocupar nuevamente la cartera de Relaciones Exteri ores en el Gobierno del general Roca, y reaccionando contra la inaction de sus predecessores, vigorizo la patriotica action del sefior Dominguez. El escribia al Ministro Argentino [Misiones' " Argentine Evidence " pp. 674, and 675.] Sefior Dominguez advised his government without delay to enter these new fields, be lieving that the disputed terri tory could be divided between the two Pepiri on the heights which separate the falls of both rivers and the two San Antonio. Doctor Irigoyen had been called to occupy again the Department of Foreign Rela tions, in the government of General Roca, and reacting against the inactivity of his predecessors, he strengthened Sefior Dominguez's patriotic action. He wrote to the Ar- No. 84. (585) en Rio de Janeiro con fecha 24 de Marzo de 1881, en estos terminos : " He recibido la nota de V. E. num. 368, fecha 11 de Marzo, en que comunica una conversation que tuvo con el Emperador respecto de la cues- tion de limites pendiente, y la conferencia que sobre el mismo asunte tuvo V. E. con el sefior Ministro de Relaciones Exteri- ores . . . gentine minister at Rio de Janeiro on the twenty-fourth day of March, one thousand eight hundred and eighty-one, in these terms : " I have received your Ex cellency's note No. 368, dated March 11, in which Your Excellency apprises me of a conversation held with the Emperor in regard to the question of limits still pending, and of the conference upon the same subject, with the Minister of Foreign Relations . . " El sefior Presidente piensa que V. E. debe aceptar la indication que se le ha hecho. Conviene poner termino a ese asunto que puede complicarse con avances de ocupacion y, por tanto, es oportuno mani- fieste V. E. al sefior Ministro de Relaciones Exteriores que este Gobierno acepta la idea defijar definitivamen te la linea divisoria de esta Repiiblica con el Imperio. Creo conveniente haga V. E. esta misma mani festation al Emperador. . . ." " The President thinks that you ought to accept the sug gestions that have been made to you. It is convenient to put an end to this matter, which may get entangled with advances of occupation, and therefore it will be proper that Your Excellency shall inform the Minister of Foreign Rela tions that this Government accepts the idea of fixing, definitively, the boundary line of this Republic with the Em pire. I think it convenient that Your Excellency shall make the same statement to the Emperor ..." No. 84. (586) El senor Dominguez escribia entre tanto, el oficio de 16 de Abril de 1 88 1, en el cual ofrece al Ministro de Relaciones Ex- teriores, doctor Irigoyen, la formula que le pidiera para la transaction. Dijo : " El senor Ministro ha elu- dido la respuesta a. la pregunta que yo le hacia, tal vez porque desea que la negotiation tenga lugar en Buenos Aires. No habiendo pues, conseguido con- ocer el proposito que abrigaba el sefior Pereyra de Souza y haciendome ahora V. E. el honor de pedirme mi opinion, no tengo mas que confirmar lo que dije en mi nota confi dential, esto es, proponer una transaction dividiendo el terri torio disputado por las alturas que separan las vertientes de los rios que lo encierran . . ." In the meantime Sefior Do minguez wrote the note of the sixteenth day of April, one thousand eight hundred and eighty-one, in which he offers to the Minister of Foreign Relations, Dr. Irigoyen, the forms asked of him for the compromise. He said : " The Minister has evaded a reply to my question. He wishes, perhaps, that the nego tiation shall take place at Buenos Aires. Having been unsuccessful in knowing Senor Pereyra de Souza's purpose, and Your Excellency having done me the honour to ask for my opinion, I have only to confirm what I said in my con fidential note, that is, to pro pose a compromise dividing the disputed territory on the heights which separate the falls of the rivers covering the same ..." No. 85. THE " URUGUAY-IGUAZU " WATER-PARTING. [From Argentine official Documents as indicated below.] (Quoted on p. 625 of the Statement.) ["Memoria del Ministerio de Relaciones Exteriores," Buenos Aires, 1892, pp. 114-115.] El 9 de Setiembre (1889), dos dias despues de firmado el pacto, el Ministro Argentino en Rio de Janeiro comunicaba las impresiones producidas en la Corte por el suceso. Sus palabras son estas : "V. E. sabe, por mis tele- gramas y por los que habra re- cibico seguramente la prensa de Buenos Aires, la profunda impresion que causo en esta capital la noticia de haberse fir mado la Convention de Arbi trage. " El aviso telegrafico de V.E. lo recibimos, tanto el sefior Con- sejero Diana como yo, en la noche del 7. Lieve personal- [Misiones' " Argentine Evidence," pp. 7 1 9-7 20. J On the ninth of September (1889) two days after the pact had been signed, the Argen tine minister at Rio de Janeiro communicated the impressions that the event had produced at the Court. His words were as follows : " Your Excellency knows, by my telegrams and by those which the Press at Buenos Aires has surely received, the deep impression caused at the capital by the news that the conven tion of arbitration had been signed. " Your Excellency's telegra phic advice was received by Counsellor Diana and by my self on the night of the seventh. No. 85. (588) mente al Emperador el tele- grama de V. E. y me pidio lo leyera en voz alta, en presencia de los Ministros de Estado y personas de la Corte que lo rodeaban en aquel momento. Cuando termine la lectura del despacho, el Emperador me estrecho la mano efusivamente y me pidio retribuyera en el mas breve plazo posible el noble saludo del Excmo. sefior Presidente de la Republica. " Se notaba en el semblante del Emperador la alegria que dominaba su espiritu y esta misma observation fue hecha por todas las personas a quienes me he referido anteriormente." El sefior Moreno agregabano- ticia de una base de transaction 6 arreglo directo, que le habia sugerido el Consejero Diana Ministro de Relaciones Exteri- ores, en estos terminos : " En una conversation que tuve ayer con el sefior Ministro Diana me ha apercibido que ellos aceptarian un arreglo di recto que fijara limites natu- rales y estableciera la obliga- I took, personally, to the Em peror Your Excellency's tele gram, and he asked me to read it aloud in the presence of the Minister of State and the per sons of the Court who sur rounded him at that moment. When I had finished reading the despatch, the Emperor pressed my hand effusively and requested me to return the noble greeting of His Excel lency, the President of the Republic, with the shortest possible delay. " The Emperor's features revealed the merriment of his mind, and this same obser vation was made by the per sons to whom I have just referred." Sefior Moreno added a scheme for a direct compro mise or settlement that had been suggested to him by Counsellor Diana, Minister of Foreign Relations, in these terms : " In the course of a conver sation I had yesterday with Minister Diana I have ob served that they would accept a direct settlement which would fix the natural limits. No. 85. (589) cion de indemnizarse percunia- riamente a. aquel de los con- tratantes que, segun resolution del arbitro, hubiera perdido territorio al marcarse la linea divisoria. " Por ejemplo : Se traza una linea que, subiendo desde la confluencia del Chapeco en el Uruguay vaya hasta las naci- entes de aquel y continue por la parte mas alta de la linea divisoria de las aguas hasta encontrar las nacientes del San Antonio Mini, correspondi- endo el espacio comprendido entre el Chapeco la linea divisoria de las aguas y el Pepiry Mini a. la Repiiblica Argentina. " Se fijaria un precio al kilo- metro cuadrado del territorio litigioso. " Resuelta la cuestion de derecho por el Presidente de los Estados Unidos y averi- guada con exactitud la exten sion kilometrica de la totalidad del terreno litigioso y de la zona que de antemano se con- viniere para cada una de las partes contratantes, la bene- ficiada en extension territorial and establish the obligation to indemnify, pecuniarily, the contracting party who, by the decision of the umpire, should have lost some territory in marking out the boundary line. " For instance : A line is drawn up which, going from the confluence of the Chapeco, in the Uruguay, shall follow , x" , .7 Plate XV. as far as the source of trie page 62S same, and continue through statement, the highest part of the boun dary line of the waters, until the sources of the San Antonio Mini are found, the space between the Chapeco, the boun dary line of the waters, and the Pepiri Mini, to belong to the Argentine Republic. " A price shall be set on the square kilometre of the terri tory in dispute. " The question of right once resolved by the President of the United States, and the kilometric extent of the whole disputed ground and of the zone which shall be agreed upon beforehand for one of the contracting parties hav ing been accurately ascertained, the most favoured one, in terri- No. 85. (590) pagaria a la otra el excedente de la tierra recibida. " La proposition anterior es una simple formula. El Min istro Diana no me ha dado de- talle alguno. Enuncio esa idea como un punto de partida para proyectar el arreglo que todos anhelamos y aguardo con vivo interes las instrucciones que a respecto se me envien." torial extent, shall pay to the other for the excess of land received. " The foregoing proposal is a mere form. Minister Diana has given me no detail what ever. I only mention the idea as a starting point to project the settlement which we all desire, and I await, with great interest, the instructions which may be sent to me in this respect." No. 86. THE PUNA ARBITRATION BOUNDARY LINE. [Translated from Extracts of the Records of the meetings of the Demarcating Commission printed in " Documentos relativos a la Confer encia de Buenos Aires" Santiago, 1899, pp. 33-38.] (Quoted on p. 756 of the Statement.) Record of Conference. At Buenos Aires, on the 24th day of the month of March of the year 1899, there assembled at 10 a.m., at the residence of the Legation of the United States of America, as agreed at the third sitting, the members of the Demarcating Commission, Senor Don Enrique Mac-Iver, on behalf of the Chilean Republic Doctor D. Jose E. Uriburu, on behalf of the Argentine Republic, and William J. Buchanan, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Argen tine Republic for the purpose of pursuing their labours. * * * * * On these proposals [the Chilean and the Argentine] being- put to the vote, the first was rejected by the votes of Messrs. Buchanan and Mac-Iver, and the second by the votes of Messrs. Buchanan and Uriburu. Mr. Buchanan proposed that the dividing line should be fixed in the following way : From the intersection of the 23 rd parallel with the 77 th meridian, a straight line to the summit of the Cerro del Rincon. The proposal was passed by the votes of Messrs. Buchanan and Mac-Iver, Sefior Uriburu dissenting. No. 86 (592 ) He then proposed another straight line from the summit of the Cerro del Rincon to the summit of the Volcano Socompa. In place of this Sefior Mac-Iver proposed another line which, starting from the summit of the Cerro del Rincon, should reach the Cerro Macon. On these proposals being put to the vote, Sefior Mac-Iver's was rejected by the votes of Messrs. Buchanan and Uriburu, and Mr. Buchanan's was approved by the votes of the same Messrs. Buchanan and Uriburu, Sefior Mac-Iver dissenting. Mr. Buchanan then proposed that the dividing line should run from the summit of the Volcano Socompa and the place called Aguas Blancas on the Argentine maps, by the points and spaces called the Volcano Socompa, a point marked with No. 29 in the Argentine Expert's proposal, as is seen in the Record drawn up at Santiago de Chile on September 1, 1898, the Cerro Socompa Caipis, the Cerro Tecar, the principal point of the chain of hills between Tecar and the Cerro Inca, Cerro Inca, Cerro de la Zorra Vieja, Cerro Llullaillaco, Llullaillaco Gap, a point marked with No. 39 in the aforesaid proposal, Corrida de Cori, the volcano Azufre or Lastarria, as far as Cerro Bayo, a point south of Cerro Bayo, No. 48 of the proposal referred to, Cerro del Agua de la Falda, Cerro Aguas Blancas. This line was approved by the votes of Messrs. Buchanan and Uriburu, Sefior Mac-Iver dissenting. Mr. Buchanan then proposed, as a continuation of the di viding line, a straight line which, starting from the summit of Cerro de Aguas Blancas, should reach the summit of the Cerros Colorados. This proposal was put to the vote and was approved by Messrs. Buchanan and Mac-Iver, Sefior Uriburu dissenting. Mr. Buchanan then proposed another straight line from the summit of the Cerros Colorados, to the summit of the Cerros de Lagunas Bravas. No. 86. (593) This proposal was passed by the votes of Messrs. Buchanan and Uriburu, Senor Mac-Iver dissenting. As a continuation of the dividing line, Mr. Buchanan pro posed another straight line from the summit of the Cerros de Lagunas Bravas to the summit of the Sierra Nevada, so- called in the Argentine map and reckoned in the same map as being 6400 metres high. On this proposal being put to the vote, it was approved by Messrs. Buchanan and Uriburu, Sefior Mac-Iver dissenting. Lastly, to bring the delimitation to a close, Mr. Buchanan proposed a straight line which, starting from the last-named point, should be prolonged as far as that which should be fixed on the parallel 260 52' 45" by H.B.M.'s Governmentin conformity with the Act of September 22, 1898, — signed at Santiago de Chile by the Minister for Foreign Affairs of this [the Chilean] Republic and by the Envoy Extraordinary and Minister Pleni potentiary of the Argentine Republic — as the dividing point between these two countries at the said parallel. The last proposal was passed unanimously. Consequently, the dividing line between the Argentine Republic and the Republic of Chile between the parallels 23° and 260 52' 45" S. latitude, to be fixed by the Demarcating Commission, in conformity with the second Act of November 2, 1898, is established in the following shape: From the intersection' qf the 23rd parallel with the 77th meridian a straight line as far as the summit of the Cerro del Rincon, and another from the summit of the Cerro del Rincon to the summit of the Volcano Socompa. The dividing line shall continue running from the summit of the Volcano Socompa as far as the place called Aguas Blancas in the Argentine maps, by the points and stretches called Volcan Socompa, a point marked with No. 29 in the proposal of the Argentine Expert, as is seen in the Act drawn up at Santiago de Chile on Sep tember 1, 1898, Cerro Socompa Caipis, Cerro Tecar, the prin- M No. 86. (594) cipal point of the chain of hills between Tecar and the Cerro Inca, Cerro Inca, Cerro de la -Zorra Vieja, Cerro de Llullaillaco, Llullaillaco Gap, a point marked No. 39 in the aforesaid pro posal, Corrida de Cori, the Volcano Azufre or Lastarria, the cordon of the Azufre or Lastarria as far as Cerro Bayo, point south of Cerro Bayo, No. 48 of the proposal already referred to, Cerro del Agua de la Falda, Cerro Aguas Blancas. As a continuation of the dividing line, a straight line which, start ing from the summit of the Cerro de Aguas Blancas, shall reach the summit of the Cerros Colorados ; then another straight line from the summit of the Cerros Colorados to the summit of the Cerros de Lagunas Bravas, and another straight line from the summit of the Cerros de Lagunas Bravas to the summit of the Sierra Nevada, so-called in the Argentine map and reckoned in the same map as being 6400 metres high. Lastly, a straight line which, starting from ' the last named point, shall be prolonged as far as that which shall be fixed on parallel 260 52' 45" by H.B.M.'s Government in conformity with the Act of September 22, 1898 — signed at Santiago de Chile by the Minister for Foreign Affairs of this [the Chilean] Republic and by the Envoy Extraordinary and Minister Plenipotentiary of the Republic as the dividing point between these two countries at the said parallel. The members of the Demarcating Commission agreed to sign the Argentine Map referred to in the present Act. Wherewith they regarded their mission as accomplished, the contents of this Act to be duly laid before both Governments. M. A. Martinez De F. ENRIQUE Mac-Iver. Juan S. Gomez. Jose E. Uriburu. Franfois S. Jones. William J. Buchanan. (Secretaries.) (Commissioners.) No. 87. RESTRICTED POWERS OF THE EXPERTS DECLARED BY THE ARGENTINE EXPERT.1 [Translated from the Record of the Meeting of the Experts on April 28, 1897 < Printed in "Memoria de Relaciones Esteriores de Chile" 1896. Docs., pp. 32 and 33.] (Quoted on p. 779 of the Statement.) IN the City of Santiago de Chile, on April 28, 1897, having met in the International Boundary Office, the Experts undersigned — Don Diego Barros Arana on the part of the Republic of Chile, and Don Francisco P. Moreno on the part of the Argentine Republic, dealt with the Boundary Demarcation in the southern part of the Continent, and north of Magellan Straits. The Argentine Expert stated that he gave his approval to the line traced by the Assistants of the 5th Joint Sub-Commission from Dungeness Point to the intersection of the 52nd parallel south with the 70th meridian west of Greenwich, according to the Records of January 8, and April 15, 1896, and that he does so with the authorization he has requested from his Government, in the sections which include the boundary between Quoted P- 779- Mount Dinero and Mount Aymond, as the chain of hillocks referred to in Art. 2 of the Treaty of 1881 does not exist, and that he does not consider himself empowered as an Expert to accept, without an express authorization of the Government of the Argentine Republic, the line agreed upon by the said ' In connection with this see Doc. No. 68. No. 87- (596) Assistants, who, according to the said Expert, have on this occasion gone beyond their powers. The Chilean Expert, on his part stated that the previous information on the region referred to, confirmed by the details and explanations communicated by the chief of the 5 th Chilean Sub-Commission in his note of January 9, 1 896, with which he sent the map and Acts concerning this place, are sufficient for him to giye his approval to the line, as marked by this Sub- Commission, between Dungeness Point and the intersection of the 52nd parallel with the 17th meridian of longitude west of Greenwich, and that, in his judgement this line corresponds to the correct interpretation of the Treaty of 1881. However, in view of the Argentine Expert's declaration, he thinks fit to forward the present Act to his Government, in order to request their express approval in the same sense as it has been obtained by the Argentine Expert, all of which will be duly recorded in the Minute of next Meeting. The Expert drew up and signed the present Minute in dupli cate. — Diego Barros Arana. — Francisco P. Moreno. — Alejan dro Bertrand. No. 88. STABILITY OF MAIN WATER-PARTINGS. [Extracts from various authors.] (Quoted on p. 790 of the Statement.) Enclosure A. [Extract from Sir Archibald Geikie's " Textbook of Geology]' 2nd ed. pp. 940 and 941.] Watersheds are of course at first determined by the form of the earliest terrestrial surface. But they are less permanent than the watercourses that diverge from them. Where a watershed lies symmetrically along the centre of a country or continent, with an equal declivity and rainfall on either side, and an identity of geological structure, it will be permanent ; because the erosion on each slope proceeds at the same rate. But such a combination of circumstances can happen rarely, save on a small and local scale. As a rule, watersheds lie on one side of a centre of a country or continent, and the declivity is steeper on the side nearest the sea. Hence, apart from any influence from difference of geological structure, the tendency of erosion, by wearing the steep slope more than the gentle one, is to carry the watershed backward nearer to the true centre of the region, especially at the heads of valleys. Of course this is an extremely slow process ; but it must be admitted to be one of real efficacy in the vast periods during which denudation has continued. Excellent illustrations of its progress, as well as of many other features of land sculpture, may often be in- No. 88. (59S) structively studied on clay banks exposed to the influence of rain.1 The crests of mountains are watersheds of the sharpest type, where erosion has worked backward upon a steep slope on either side. Their forms are mainly dependent upon struc ture, and especially upon systems of points. It will often be observed that the general trend of a crest coincides with that of one set of points, and that the bastions, recesses, and peaks have been determined by the intersection of another set. If the rock is uniform in structure, and the declivity equal in angle on either side, a crest may retain its position ; but as one side is usually considerably steeper than the other, the crest advances at the expense of the top of the gentler declivity. But, under any circumstances, it is continually lowered in level, for it may be regarded as the part of a mountain where the rate of subaerial denudation reaches a maximum. An ordinary cliff is attacked only in front, but a crest has two fronts, and is further splintered along its summit. Nowhere can the guiding influence of geological structure be more conspicuously seen than on the array of spires, buttresses, gullies, and other striking outlines which a mountain crest assumes. Valleys are mainly due to erosion, guided either by original depressions of the ground, or by geological structure, or by both. Their contours depend partly on the structure and composition of the rocks, and partly on the relative potency of the different denuding agents. Where the influence of air, rain, frost and general sub-aerial weathering has been slight, and the streams, supplied from distant sources, have had suf ficient declivity, deep, narrow, precipitous ravines or gorges have been excavated. The canons of the Colorado are a mag nificent example of this result (Fig. 439). Where, on the other hand, ordinary atmospheric action has been more rapid, the 1 See on this subject M. Gilbert's suggestive remarks in the Essay on Land Sculpture already cited (p. 934). No. 88. ( 599 ) sides of the river channels have been attacked, and open sloping glens and valleys have been hollowed out. A gorge or defile is usually due to the action of a waterfall, which, beginning with some abrupt declivity or precipice in the course of the river when it first commenced to flow, or caused by some hard rock crossing the channel, has eaten its way backward, as already explained (p. 362). A pass is a portion of a watershed which has been cut down by the erosion of two valleys, the heads of which adjoin on oppo site sides of a ridge. Each valley is cut backward until the intervening ridge is demolished. Most passes no doubt lie in original but subsequently deepened depressions between ad joining mountains. The continual degradation of a crest may obviously give rise to a pass (p. 941). Enclosure B. [Extract of G. K. Gilbert's " Report on the Geology of the Henry Mountains" Washington, 1877, pp. 125 et seq.] (P. 125) The Instability of Drainage Lines. The stability of waterways being the rule, every case of instability requires an explanation ; and in the study of such exceptional cases there have been found a number of different methods by which the courses of streams are shifted. The more important will be noted. Ponding. When a mountain uplift crosses the course of a stream, it often happens that the rate of uplift is too rapid to be equalled by the corrasion of the stream, and the uprising rock becomes a dam over which the water still runs, but above which there is accumulated a pond or lake. Whenever this takes place, the pond catches all the ddbris of the upper course of the stream, and the water which overflows at the outlet having been re lieved of its load is almost powerless for corrasion, and cannot No. 88. (600 ) ¦continue its contest with the uplift unless the pond is raised higher and higher, until finally it finds a new outlet at some other point. The original outlet is at once abandoned, and the new one becomes a permanent part of the course of the -stream. As a rule it is only large streams which hold their courses while mountains rise ; the smaller are turned back by ponding, and are usually diverted so as to join the larger . . . (P. 138) The Stability of Divides. The rain drops which fall upon the two sides of a divide flow in opposite directions. However near to the dividing line ,they reach the earth the work of each is apportioned to its own slope. It disintegrates and transports the material of its own drainage slope only. The divide is the line across which no water flows — across which there is no transportation. It re ceives the minimum of water, for it has only that which falls directly upon it, and every other point receives in addition that -which flows from higher points. It is higher than the surfaces which adjoin it, and since less water is applied to its degradation it tends to remain higher. It tends to maintain its position. Opposed to this tendency there are others which lead to The Instability of Divides, and which will be now considered. Ponding, Planation, and Alluviation. Whenever, by ponding, a stream or system^of streams which have belonged to one drainage system are diverted so as to join another there is coincidently a change of divides. The general line between the two systems is shifted from one side to the other of the area which changes its allegiance. The line which was formerly the main divide becomes instead a subor dinate divide separating portions of the drainage system which has increased its area, and on the other hand a line which had been a subordinate divide is promoted to the rank of a main No. 88. ( .601 ) divide. In like manner the shifting of streams from one system of drainage to another by the extension of flood-plains or by the building of alluvial cones or deltas involves a simultaneous shifting of the divides which bound the drainage systems. The changes which are produced by these methods are " per saltum." When a pond or lake opens a new outlet and abandons its old one there is a short interregnum during which the drain age is divided between the two outlets, and the watershed sepa rating the drainage system is double. But in no other sense is the change gradual. The divide occupies no intermediate positions between its original and its final. And the same may be said of the changes by planation and alluviation. In each case a tract of country is transferred bodily from one river system to another, and in each case the watershed makes a leap. But there are other methods of change, by which dividing lines move slowly across the land, and to these we will proceed. Resume. — There is a tendency to permanence on the part of drainage lines and divides, and they are not displaced without adequate cause. Hence every change which is known to occur demands and admits of an explanation. {a) There are four ways in which abrupt changes are made. Streams are diverted from one drainage system to another, and the watersheds which separate the systems are rearranged. (1) By " ponding," due to the elevation or depression of portions of the land. (2) By " planation," or the extension of flood-plains by lateral corrasion ; (3) By " alluviation," or in the process of building alluvial cones and deltas ; and (4) By " abstraction." {b) There are two , ways in which gradual changes are effected. No. 88. (602) (1) When the rock texture is variable, it modifies and con trols by " monoclinal shifting " the distribution in detail of divides and waterways. (2) When the rock texture is uniform, the positions of divides are adjusted in accordance with the principle of " equal declivities." The abrupt changes are of geographic import ; the gradual, of topographic. The methods which have been enumerated are not the only ones by which drainage systems are -modified, but they are the chief. Very rarely streams are " ponded," and diverted to new courses through the damming of their valleys by glaciers or by volcanic " ejecta " or by landslips. More frequently they are obstructed by the growing alluvial cones of stronger streams, but only the smallest streams will yield their " right of way " for such cause, and the results are insignificant. The rotation of the earth, just as it gives direction to the trade-winds and to ocean currents, tends to deflect rivers. In the southern hemisphere streams are crowded against their left banks and in the northern against the right. But this influence is exceedingly small. M. Ferrel's investigations show that in latitude 450 and for a current velocity of ten miles an • hour it is measurea by less than one twenty thousandth part of the weight of the water {American Journal of Science, January, 1861). If its effects are ever appreciable it must be where lateral corrasion is rapid ; and even there it is probable that the chief result is an inclination of the flood-plain toward one bank or the other, amounting at most to two or three minutes. Consequent and Inconsequent Drainage. If a series of sediments accumulated in an ocean or lake be subjected to a system of displacements while still under water, and then be converted to dry land by elevation en masse or by the retirement of the water, the rains which fall on them will No. 88. (603) inaugurate a drainage system perfectly conformable with the system of displacements. Streams will rise along the crest of each anticlinal, will flow from it in the direction of the steepest dip, will unite in the synclinals, and will follow them lengthwise. The axis of each synclinal will be marked by a watercourse ; the axis of each anticlinal by a watershed. Such a system is said to be " consequent " on the structure. // however a rock series is affected, a system of displacements after the series has become continental, it will have already acquired a system of waterways, and " provided the displace ments are produced slowly," the waters will not be diverted from their accustomed ways. The effect of local elevation will be to stimulate local corrasion, and each river that crosses a line of uplift will inch by inch as the land rises deepen its channel and valorously maintain its original course. It will result that the directions of the drainage lines will be independent of the dis placements. Such a drainage system is said to be " antecedent " to the structure. But if in the latter case the displacements are produced rapidly, the drainage system will be rearranged and will become consequent to the structure. It has frequently happened that displacements formed with moderate rapidity have given rise to a drainage system of mixed character in which the courses of the larger streams are antecedent and those of the smaller are consequent. There is a fourth case. Suppose a rock seYies that has been folded and eroded to be again submerged, and to receive a new accumulation of unconforming sediments. Suppose further that it once more emerges and that the new sediments are eroded from its surface. Then the drainage system will have been given by the form of the upper surface of the superior strata, but will be independent of the structure of the inferior series, into which it will descend vertically as the degradation No. 88. (6o4) progresses. Such a drainage system is said to be " superim posed by sedimentation " upon the structure of the older series fc> p. 841 m the at Kritiri. Turning thence towards the south, the frontier-line Statement. reaches the right bank of the Xeraghis, cutting it perpendicularly at the nearest point, and following the line of the water-parting towards the south-west, reaches the summit of the mountain situated to the north of the village of Zarkos}' Nor is that all. At the request of the Ottoman Plenipoten tiaries, the Representatives of the Powers also undertook, by the Declaration of the 24th May, to recommend the Delimita tion Commission to follow, between the River Xeraghis and the heights situated to the north of Zarkos, as far as possible, " the crests of the mountains." All the acts recognized as determining the new frontier Quoted state, therefore, that the line between the Xeraghis and the heights to the north of Zarkos must follow the line of the water- parting. How, therefore, under these circumstances, can it be No. 101. (692 ) brought down as far as the Peneus, and even carried to the other side of this river ? Article 1 of the Convention states, moreover, that " the Delimitation Commission shall pass its resolutions by a majority of voices." In the present instance, all the Commissioners of the Powers voted for the line adopted. The Undersigned do not doubt that these explanations will suffice to put an end to the misunderstanding in question, and that His Excellency the Minister for Foreign Affairs will be good enough to take the necessary steps for the definitive adoption of a decision which is in entire conformity with the stipulations agreed upon. The Undersigned, etc. # * * * * Protest of the Greek Delegates against the decision of the Delimitation Commission respecting the portion of the new Turco-Greek frontier-line between the summit of Mount Kritiri and that of the Heights to the north of the Village of Zarkos. (P. 83) The Undersigned, deputed by His Majesty the King of the Hellenes to assist at the International Commission for the delimitation of the new frontier between Greece and Turkey, have the honour to submit to the friendly judgment of the Commission the considerations which have prevented them from accepting the frontier proposed between Mount Kritiri and the summit of Zarkos, which has been fixed by the five present members of the Commission, and from signing the Protocol relating to it, and entirely to reserve the right of the Greek Government to decide upon this portion of the new frontier-line. By the Convention of the i2/24th May, 1881, the portion of the line of the frontier in question is settled in the following manner : — " Starting from this point, without leaving the same ridge, it passes between Ligara and Derveni Melonna and reaches the No. 101. ( 693 ) summit of Mount Kritiri. The line turning southwards- from there arrives at the right bank of the Xdraghis, and fol lowing the line of watershed towards the south-west, reaches the summit of the heights situated to the north of the village of Zarkos." The Ottoman Government has proposed, in a further Decla ration, to modify this as follows : " The frontier-line proceeding thence in a southerly direc tion arrives at the right bank of the Xeraghis, cutting it per pendicularly at the shortest distance, and following the line of watershed to the south-west, reaches the summit of the moun tain situated to the north of the village of Zarkos." Their Excellencies the Representatives of the Mediating Powers at Constantinople recommended this new text to the- Delegates of the powers on the Commission of Delimitation to replace the corresponding passage in the Convention of the l2/24th May. The Government which the Undersigned have the honour to represent on the Commission has not sent to them up to the present time any communication concerning this modification. Nevertheless, as the Commissioners of the Mediating Powers have had the goodness to communicate it to them, they have not hesitated to accept it also as a guide for the determination of this portion of the frontier-line, the more willingly as this modification of the text did not change anything in the stipu lations of the Convention which related to this subject, but rendered the spirit of them in a far clearer manner than the original text. The ridge of Olympus, which had been settled by the Con vention as the base of delimitation as far as the summit of Mount Kritiri, passing by Malonna, borders undoubtedly on the summit of Pappalivado, which is the highest summit of the group of mountains called Kritiri on the Austrian maps, as well as on all the others. It has been confirmed that the position No. 101. (694) of this group of mountains on the map was sufficiently accurate to serve as a guide to the Commission, and that the word Kritiri was found written on the spot which corresponds exactly with the highest summit of this group. It is from this summit that the Commission, according to the stipulations of the Convention and of the new text, was to quit the ridge of Olympus, to com mence from that point the settlement of the frontier-line be tween the summits of Mount Kritiri and the heights of Zarkos. Several spurs proceed from the above-mentioned summit of Pappalivado. One of them, the most decided, and the loftiest of all, called Samari, runs southwards, and terminates near the village Damassi. Another, which runs at first eastwards as far as the summit of Mount Losfaki, and then south, terminates in the summit Trypimeni, above the River Xeraghis. As may be seen in the Austrian map, a line of 10 kilom. is wanted to join the summit Pappalivado and the River Xeraghis by the spur Samari, while the line which joins the summit Pappalivado and the River Xeraghis, passing by the summits of Losfaki and Trypimeni, is 19 kilom. long. On the Turkish map of the frontier assigned to the Conven tion of the i2/24th May, the sketch of the frontier-line be tween the summit of Mount Kritiri and that of the heights situated to the north of the village of Zarkos follows the chain Samari, between two ravines of considerable size, in the group of mountains which bears the name of Kritiri on this map. Instead of following this line, and ascending the heights to the north of the village of Damassi, in order to ascertain the highest point of this group of mountains, the Commission proceeded to Turnavo, where they were shown a small hill situated on the east of the foot of these mountains, and not more than 50 metres high, as the Mount Kritiri of the Convention, whereas this hill was called Acrotirion (promontory), and, by abbreviation, Acrotiri, and Kritiri (Tribunal). The Commission had no hesitation in declaring that this hill was by no means the No. 101. (695) summit mentioned by the Convention ; but they decided that the summit of Mount Losfaki, situated a little above this hill, must be the summit of Mount Kritiri, from which point the stipulations of the Convention must begin to apply concerning that part of the line in question. This decision of the Commission to take the summit of Losfaki for the summit of Kritiri in the Convention is justified neither by information gained from the inhabitants of the country, nor by the maps, nor even by the position of this peak, and its relative position to Mount Pappalivado. The Commis sion chose this secondary peak of the group of mountains in question solely in order not to leave the line of watershed. But the Convention, as well as the Turkish modification of it, which insisted on this line up to the summit of Mount Kritiri, aban doned it on proceeding from this mountain to the River Xera ghis, by stipulating that from the summit of Mount Kritiri the frontier-line should reach the River Xeraghis by a line perpendicular to the river, and by the shortest distance. The inhabitants of Turnavo, it was true, were entirely ignorant of Mount Kritiri ; however, two inhabitants of Da massi, on being asked the position of Kritiri before Major Boselli, the Italian Delegate, on the day of our arrival at the village, indicated the summit Pappalivado. Independently of this in formation, the Commission ought to have done in this case as they had always done in similar ones, namely, sought for the peak which corresponded to that marked Kritiri on the map, without any regard for its local name. By taking the line of watershed as a base of delimitation for this part, the Commission had partly followed a line proposed much later by a declaration, accompanied by a sketch, from the Ottoman Government, which, under the pretext of explaining the modification of the text of the Convention proposed by Turkey, completely changed the stipulated line, and substi tuted for it an entirely different one, which left to Turkey not No. 101. (696) only a considerable part of the mountain group Kritiri, but also a part of the River Peneus. Their Excellencies the Representatives of the Mediating Powers at Constantinople recommended the Delegates of the Powers on the Commission of Delimitation to take into con sideration this further declaration of the Ottoman Govern ment, only in so far as it did not modify the stipulations of the Convention relative to this point. The Commission has followed a line from the summit of Pappalivado to the summit of Losfaki, which proceeded in an easterly instead of a southerly direction, as required by the Convention ; from the summit of Losfaki, as if it had been the summit of Kritiri mentioned in the Convention, the line de scended as far as the summit of Trypimeni, joined this peak to that of Sidiropalouko by the ridge of Mount Trypimeni, which runs down into the plain of Thessaly, and from thence, taking the line of the watershed, it terminated at the summit of Koutra, forming part of the heights of Zarkos. According to tift opinion of the Undersigned, the Commis sion of Delimitatiort after following the crest of Olympus, which passes by Melonna, ought in conformity with the Con vention and the Turkish modification, to have left this line at the summit of Pappalivado, followed the spur Samari from there, which runs south, reached the River Xeraghis, cut it perpendicularly and at the shortest distance, near the village of Damassi, and afterwards, not far from the same village, to have regained the line of the watershed in order to arrive at the summit Koutra of the mountain situated to the north of the village of Zarkos. Persuaded that this line is the only one prescribed by the Convention of the i2/24th May, as well as by the modified text of the Ottoman Government, and convinced, after a pro found study of the locality, that the Commission would inevi tably have adopted this view, if they had accepted the identity No. 101. ( 697 ) which had been clearly proved of the peak Pappalivado with the summit of the mountains of Kritiri in the Convention, the Undersigned consider it their duty to protest against the de cision of the Commission of Delimitation concerning the part of the frontier-line between the summits of Pappalivado and Koutra, and to reserve entirely the right of the Government of His Majesty to decide this question. Colonel G. C. Metaxas. — Captain N. B. POURNARAS. Constantinople, September 11/23, 1881. Memorandum by the Delimitation Commissioners . (P. 1 01) The Commissioners of the Great Powers entrusted with the demarcation of the new Turco-Greek frontier have received the despatch which His Excellency the Russian Ambas sador addressed on the 29th October last to the President of the Delimitation Commission. They have also received the note which was inclosed in this despatch, which bears the date of the 1 2th October, 1881, and which the Sublime Porte has addressed to the Ambassadors of the Great Powers with the object of obtaining the introduction of certain modifications in the line of the new Turco-Greek frontier as adopted by the Delimitation Commission. In conformity with the desire expressed by His Excellency the Russian Ambassador in his above-mentioned despatch of the 29th October last, the Commissioners of the Great Powers have the honour to communicate to him herewith their opinion, with the reasons in favour of it, on the subject of the modifications claimed in the note of the Sublime Porte. The first of these modifications refers to the portion of the frontier comprised between the summit of Sidero-Palouki and the summit of the heights situated to the north of the village of Zarkos, known by the name of Hododa of Zarcos in the note of the Porte and on the Sketch A, annexed to this note. In the month of July last their Excellencies the Ambassa- No. 101. (698) dors addressed to the Commissioners of the Great Powers a copy of a communication they had received from the Porte relative to the frontier-line between Kritiri and Zarcos. In the opinion of the Ambassadors, this communication, although containing names not to be found on any map, had no other object than to define this part of the frontier with greater exactness. Never theless, in forwarding this communication to the Commissioners they expressly enjoined them to conform to the indications therein contained, in so far only as the indications were not found on the ground to be in contradiction with the original text of the Turkish proposal of which mention is made in the general Protocol and the Declaration annexed to the Convention of the 24th May, 1881, and which runs as follows : — "... The line arrives at the summit of Kritiri ; turning thence towards the south it reaches the right bank of the Xeraghis, cutting it perpendicularly at the nearest point ; and following the line of water-parting towards the south-west} it gains the summit of the mountain situated to the north of the village Zarcos, etc." This text, beginning with the part in italics, which is alone under consideration here, differs in no way from that of the Convention of the 24th May. The Commission having verified on the spot the line of the Turkish Commission, found that it was in complete contradic tion with the text of the Turkish proposal, and of the Conven tion of the 24th May ; and in conformity with the recommen dations of the Ambassadors, they refused to adopt it. The new line proposed by the Sublime Porte in its note of the 1 2th October differs, it is true, from the former. But in stead of following the line of water-parting towards the south west, and the crests of the mountains as required by the Conven tion of the 2Ajh May, the original text of the Turkish proposal, and the Declaration of the 24th May annexed to the Convention, 1 Italicized in the original. No. 101. ( 699 ) it divides the crests and the ravines and turns towards the south, then towards the west, and lastly towards the north. It is therefore, like the former one, opposed to the Convention and the text of the Turkish proposal. The case will be the same, moreover, with any line which differs from that of the Commission, since this latter follows .the line of the water-parting which turns towards the south-west, and is the only possible line. No. 102. THE WATER-PARTING NOT PRESCRIBED in the Tian-Shan, according to the Russo-Chinese Treaty of Pekin (1860). [From British State Papers, vol. xliiL p. 970.] (Quoted on page 847 of the Statement.) Treaty of Commerce, Navigation and Limits, Signed at Pekin, 2/14 November, i860; ratified at St. Petersburg, 20th December, 1 860. Art. I. — Pour corroborer et elucider l'Art. I. du Traite conclu dans la ville d'Aigoun le 16 Mai, 1858, et en execution de l'Art. IX. du Traite conclu le ier Juin de la meme annee dans la ville de Tien-tsin, il est etabli : Desormais la frontiere Orientale entre les deux Empires, a commencer du confluent des rivieres Chilka et Argoun, descendra le cours de la riviere Amour jusqu'au confluent de la riviere Ausouri avec cette derniere. Les terres situees sur la rive gauche (au nord) de la riviere Amour appartiennent a 1' Empire de Russie, et les terres situees sur la rive droite (au sud), jusqu'au confluent de la riviere Ausouri appartiennent a 1' Empire de Chine. Plus loin, depuis- le confluent de la riviere Ausouri jusqu'au lac Hinkai, la ligne- frontiere suit les rivieres Ausouri et Son'gateha. Les terres situees sur la rive Orientale (droite) de ces rivieres appartiennent a. 1' Empire de Russie, et sur la rive occidentale (gauche) a 1' Empire de Chine. Plus loin, la ligne-frontiere entre les deux Empires, depuis le point de sortie de la riviere Son'gateha, ISTo. 102. ( 701 ) •coupe le lac Hinkai, et se dirige sur la riviere Belen-ho (Tour) ; depuis l'embouchure de cette riviere elle suit la crite des mon tagnes jusqu'a l'embouchure de la riviere Houpiton (Houpton) et de la, les montagnes situees entre la riviere Khoun-tchoun et la mer jusqu'a la riviere Thou-menkiang. Le long de cette ligne, egalement, les terres situees a Test appartiennent a. TEmpire de Russie et celles a. l'ouest a l'Empire de Chine. La ligne-frontiere s'appuie a la riviere Thou-men-kiang, a 20 verstes Chinoises (li) au-dessus de son embouchure dans la mer. De plus, en execution du meme Art. IX. du Traite de Tien tsin est confirmee la carte dressee a cet effet, et sur laquelle, pour plus de clarte, la ligne-frontiere est tracee par un trait .rouge et indiquee par les lettres de 1' Alphabet Russe A,E,B,X, etc., etc. Cette Carte est signee par les Plenipotentaires des ¦deux Empires et sellee de leurs sceaux, etc., etc. Art. II. — La ligne-frontiere a. l'ouest ; indeterminee jusqu'ici doit desormais suivre la direction des montagnes, le cours des grandes rivieres et la ligne actuellement dxistante des piquets Chinois. A partir du dernier phare nomme Chabindabaga, etabli en 1728, (6me annee de Young-Lehing), apres la con clusion du Traite de Kiakhta, elle se dirigera, vers le sud-ouest jusqu'au lac Dsai-sang, et de la jusqu'aux montagnes situees ¦au sud du lac Issyk-Koul, et nominees Tengri-chan, ou Alatau des Kirghises, autrement dites encore Thian-chan-nana-lou (branches mdridionales des montagnes Cdlestes), et le long de :ces montagnes jusqu'aux possessions du Kokand. No. 103. CUSTOMARY FORM TO EXPRESS THE WATER- PARTING BOUNDARY, as derived from the Brazil-Venezuelan Treaty of 1859. [Articles II. and III., translated from " Relatorio da Reparticao dos Negocios Estrangeiros do Brazil," Rio Janeiro, 1861, Docs. p. 91.] (Quoted on page 849 of the Statement.) Article 2. — The Venezuelan Republic and H.M. the Emperor of Brazil declare and define the dividing line in the following manner : — I. — The dividing line shall begin at the headwaters of the River Memachi, and, following along the highest ground, shall pass by the headwaters of the Aquio and the Tomo, the Guaicia and the Iquiare or Issana, in such wise that all the waters flow ing to the Aquio and Tomo remain in the possession of Vene zuela and those flowing to the Guaicia, Xie or Issana, of Brazil ; and it shall cross the River Negro opposite the Isla de S. Jose which is near Cucui Rock. II. — From the Isla de S. Jose it shall continue in a straight line, cutting the " cafio " Maturaca at the middle, or at the point upon which the Boundary Commissioners shall agree, and which may conveniently divide the said " cafio " ; from thence, passing by the groups of Cerros Cupi, Imeri, Guay and Quoted p. 849. Urucusiro, it shall cross the road which serves as a communi cation by land between the Rio Castafio with the River Marari, No. 103. ( 703 ) and by the Sierra de Tapirapeco shall gain the crests of the Parima chain, so that the waters flowing to the Padaviri, Marari, and Cababuri, remain in the possession of Brazil, and those running to the Turuaca or Ydapa or Xiaba in Venezuela. Article 3. — It shall follow along the summit of the Parima range as far as the angle formed by the latter with the Paca- raima range, so that all the waters flowing to the Rio Branco remain in the possession of Brazil, and those running to the Orinoco, of Venezuela, and the line shall follow by the most elevated points of the said Pacaraima range, so that the waters flowing into the Rio Branco remain as before in the possession of Brazil, and those running into the Essequibo, Cuyuni and Caroni, of Venezuela, as far as the territories of both States extend towards the east. No. 104. BRAZILIAN AND VENEZUELAN OFFICIAL DECLARA TION AS TO THE PRINCIPLE OF DEMARCATION BY THE WATER-PARTING. (Quoted on page 855 of the Statement.) Enclosure A. [Translated from " Relatorio da Reparticao dos Negocios Estrangeiros do Brazil," 1893, pp. 27-30.] THE Boundary Treaty between Brazil and Venezuela was signed in May 1859, and, despite the continuous efforts of the Brazilian Government, it was only in July 1879 — that is 20 years later — that the Venezuelan Commission, to join ours in the demarcation agreed upon, was organized. Once the work was begun, it was carried out in common as far as the Cerro Cupy, at which point it was suspended owing to the near approach of the rainy season. From the Act then drawn up, it is shown that, accepting Quoted p. 854. the demarcation as far as the aforesaid mountain as final, the joint Commission left to the decision of the Governments the convenience of continuing the demarcation as far as the respec tive territories extend, for it seems that, as the frontier follows the division of the waters towards the east, no doubt could ever arise as to its direction. The Brazilian Government held that the demarcation should be continued, and hoped that, with this end in view, the Government of Venezuela would nominate a new Commis- No. 104. ( 705 ) sion, or would agree to accept the results obtained by the Bra zilian Commission, once their accuracy was established. As Venezuela did not decide to accept either alternative, the Brazilian Government resolved that its Commission should proceed on its own account, without entering the Venezuelan territory. On September 30, 1884, the Brazilian Legation at Caracas forwarded to the Minister for Foreign Affairs a general map of the frontier and the report of the Commission ; and it was only on January 1 1, 1 890, that the decision of the Venezuelan Govern ment was communicated to it. The note referred to said : — The map referring to the territorial boundaries of Venezuela and Brazil, forwarded by this Legation to the Minister for Foreign Affairs on September 30, 1885 [this is a mistake — it occurred in 1884], having been submitted to the College of Engineers, and the view of the Expert and that of two advisers of the Ministry having been heard, the conclusion has been arrived at that, in general terms, owing to the existence of the doubts and inaccuracies mentioned in Article 4 of the Treaty of i860, the Government [Venezuelan] could not consider as Quoted definitive the delineation which appears in the map, or lay p' ss" aside what had been agreed to in the Act of the eighth meeting of the joint Commission, who established in principle, as fron tier line between both Republics, the divortium aquarum, in con formity with the said Treaty [of 1859]. The agreement come to by the Commissioners at the above mentioned conference was this : — Sefior Araujo (the Brazilian Commissioner) said : " that " he agreed that the demarcation was concluded from the River " Memachi as far as the Cerro de Cupy, that permanent land- " marks might be substituted for the provisional landmarks " on a suitable occasion, agreeing, as he did, with his learned Quoted " colleague in thinking that the boundary line which follows " towards the east along the divortium aquarum could never T No. 104. (706) "' give rise to any doubts ; and that, as the joint Commission '" was compelled to suspend its labour owing to the rainy season, " he accepted the proposal of his distinguished colleague to " leave it to both Governments to decide whether they thought " it indispensable to finish marking out the rest of the frontier, "" by placing landmarks wherever they considered it suitable, " this task being executed by the joint Commission or by the " Commission of either country, as the said Governments should " determine." The joint Commission, as appears from this part of the Act, thought any demarcation from the Cerro Cupy eastwards to be unnecessary, and submitted this view to the judgment of both Governments. The Commission did not themselves establish as a principle Quoted that the frontier line should run along the water-parting ; they assumed that this course was previously established. We are, therefore, unable to grasp the view of the Minister for Foreign Affairs, when H.E. states that his Government ¦could not disregard the resolution arrived at in the aforesaid conference. The Brazilian Government was entitled to a clear, categorical reply, and the Government of Venezuela returned nothing of the sort. From an examination which ensued after a delay of over four years, it concluded in general terms that, owing to the existence of doubts and uncertainties foreseen in Article 4 of the Treaty, it was prevented from accepting as definitive the ¦direction given to the frontier in the map. It seems that the Venezuelan Government referred to two incidents which had taken place in demarcating the boundaries between the Memachi and the Cerro Cupy. It was mistaken, nor is there any need to prove this, since that section of the demarcation is now decided, as will appear from what I am about to record. No. 104. ( 707 ) The Treaty with Venezuela contains the following declara tion : — Article 6. — H.M. the Emperor of Brazil declares that, in negotiating with the Republic of Venezuela regarding the terri tory situated west of the Rio Negro and washed by the waters of the Tomo and the Aquio, which the Republic of Venezuela asserts to belong to her, but which has already been reclaimed by New Granada, it is not his intention to prejudge any right which the latter Republic may establish to the said territory. The question pending between Colombia and Venezuela was submitted to the Arbitration of H.M. the King of Spain and was decided on March 16, 1892. The award signed by H.M. the Queen Regent in the name of her august son, thus concludes the description of the fron tier : — Part 2. From the rapid of Maipures by the river-bed of the Orinoco as far as its confluence with the Guaviare ; upstream by the Atabapo as far as 36 kilometres north of the village of Yavita, tracing therefrom a straight line ending at the River Guainia, 36 kilometres west of the village of Pimichin, and by the channel of the Guainia, which further on, takes the name of the River Negro, as far as the Piedra del Cucuy. By this award Venezuela ceases to be conterminous with Brazil from the Memachi to the Piedra del Cucuy. The Vene zuelan Government has not sent us the communication due to us on this point. It will probably forward it after coming to an understanding with the Government of Colombia. As the Brazilian Commission alone carried out the work from the Piedra del Cucuy eastwards, and as the Venezuelan Government declared itself unable to accept as definitive the direction given to the frontier on the general map, it follows that everything remains to be done by this Republic. In the map, appended to the Report of the Minister for Foreign Affairs of 1884, may be seen the direction of the fron- No. 104. (708) tier, the description of which can be read]in the report of the Commission likewise appended. Enclosure B. [From " Relatorio da Reparticao dos Negocios Estrangeiros do Brazil" Rio Janeiro, 1896, p. 21.] {Quoted on page 855 of the Statement.) It was only in July 1879, that the Brazilian Government secured the organization of the Venezuelan Commission, which, in conjunction with the Brazilian Commission, was to carry out the demarcation arranged in the Treaty of May 1879. The work was carried out in common from the Memachi to the Cerro Cupy. Thenceforward, in the direction of the east, the demarcation was carried out by the Brazilian Commission alone, in consequence of the following facts : In the Act that was drawn up, recording the demarcation as far as the Cerro Cupy, the joint Commission left the advisa bility of continuing it to the decision of both Governments. This seemed unnecessary, as, from that mountain onwards, the frontier runs by the division of the waters, no doubt as to its direction being consequently possible. The Brazilian Government did not accept this view, and as the Venezuelan Government came to no decision, ordered the work to be carried out without the assistance of the latter : this done, it forwarded the general map to the latter in Sep tember 1884. The Venezuelan Government replied in January 1890, stating that it could not regard as definitive the direction given to the frontier. Subsequent to this, on March 16, 1892, the Queen of Spain delivered judgment on the boundary question between Venezuela and Colombia. The part concerning Brazil was drawn up in these terms *. No. 104. ( 709 ) [The award referring to the western part is given in Enclo sure A.] In consequence of this award, complied with as it naturally should be, Brazil ceases to be conterminous with Venezuela from the Memachi, whence the demarcation began, to the Picha de Cucuy. Thence onward, that is, from this point to the Cerro Cupy, — where the demarcation was carried out in common, —and from the Cerro Cupy to the termination, there is lacking the definitive approval which the Venezuelan Government has not yet given to the general map. No. 105. The Venezuelan Government Official Opinion as to THE PRECISE SIGNIFICATION OF THE TERM "DIVISION OF WATERS" in Boundary Treaties. [From " The Counter-case of the U.S. of Venezuela before the Tribunal of Arbitration to convene at Paris" etc., vol. 3, Appendix, pp. 304-309.] (Quoted on pages 856 and 857 of the Statement.) Enclosure A. The V enezuelan Minister for Foreign Affairs to the V enezuelan Minister in Washington. Caracas, May 23, 1898. Mr. Minister, — In the Brief recently presented by Venezuela, in the ques tion of her boundaries with British Guiana, this frontier has been claimed : " The boundary line between the United States of Venezuela and the Colony of British Guiana, begins at the mouth of the Essequibo river ; thence runs southward along the waterway of said river to its union with the Cuyuni and Mazaruni rivers ; thence around the island of Kykoveral, leaving it on the east ; thence along the waterway of said Essequibo river to the line separating the territory of the United States of Venezuela from the territory of the United States of Brazil." The boundary with Brazil, agreed upon in the treaty of May 5, 1859, should be along the summit of the Parima ridge 710 No. 105. (711) of mountains to the angle formed by the latter with the Paca- raima ridge, continuing along its highest points, so that the waters that run into the river Branco belong to Brazil, and to Venezuela those falling into the Essequibo, Cuyuni and Caroni rivers, as far as where the territories of both States extend on their eastern side. Up to the present, only the boundary line from the principal head of the Menachi to the Cupi hill has been fixed upon the ground by the Commissioners of both parties who met in 1880. The rest of the line has not been set by mutual agreement, but only by the Brazilian Commissioners. His work having been presented to Venezuela for her acceptance, she has withheld it, because she holds that the concurrence of her representatives is indispensable, natural and rightful. The question now is to find out how the boundary proposed in the brief of Venezuela can be connected with the frontier of the latter and Brazil. The wording made use of in the Agree ment wherein it is fixed, is too vague, namely : "As far as where the territories of both States extend on their eastern side." The Commissioner of Brazil who traced by himself the final portion of the line, carries it up to a point which he calls S. Anai, without naming the Essequibo. In the map of Brazil of 1880 by C. Brockes and C. Held, the limit with Venezuela is placed at a distance, leaving out part of this, including its sources, in British Guiana. In the book entitled " Nociones sobre Corografia del Brasil, for Joaquin Manuel de Madeco," which is accompanied by said map, we read : " The lines of the frontier of Brazil with British Guiana are two : the first on the north, and the second on the east ; in the first, as also in Dutch Guiana, France disputes the right of Brazil ; in the first it is England that disputes it, the origin of her unexpected claims and diplomatic controversies being the action of the President of the Province of Para, in compelling an English missionary who was teaching the Indians No. 105. ( 712 ) there, to leave the territory that had always been considered and recognized as Brazilian, up to the Pacaraima mountains, the acknowledged boundary line. The outcome of the negotia tions between the respective governments was the neutrali zation of the territory situated between the Tacutu and Regu- muri rivers, until the necessary explorations should finally determine the true boundaries." The following maps should be consulted : ist. — Atlas of Codazzi, whereof in No. 10, a territory is marked on the south, extending to the Acarai Mountains, and embracing the upper part of the Essequibo, from the mouth of the Rupununi, with the note : " Territory considered as usurped by the English." 2nd. — The map attached to the statistical year-books of Venezuela wherein the same extension is given it on the south-east. 3rd. — Schomburgk's map of 1840, which gives the claims of Venezuela as he understood them, of Brazil and of Great Britain. 4th. — The aforesaid map of Brockes and Held. 5th. — The maps of Surville, Cruz Cano y Olmedilla, and Requena which extended the boundaries of Spanish Guiana to the Tumucuraque mountains, making it confine with the present Dutch Guiana and with the French. Besides the above-mentioned maps, the sketches are for warded of the Venezuelan-Brazilian frontier, set in 1 879-1 880 by the joint Commission of both countries, and of the continua tion of same to its termination by only one Commissioner of Brazil. It is desired that from this study should result, not only the connection of the frontier of Venezuela and Brazil with that of Venezuela and British Guiana, but also a standard which may serve to appreciate the merit of the demarcation made unilaterally from the Cupi hill to the S. Anay. No. 105. (713) Although Codazzi in his geography makes the boundaries of Venezuela and Brazil to coincide at the mouth of the Ru- pununi, this is done without taking into account the usurpation which he himself points out in his map. See Montenegro, Geography of Venezuela, and Marmol's pamphlet on the boun daries of Guiana. The study herein recommended, is very urgent; it is re quired for the 27 th instant, with the return of the accompany ing maps. I am, etc. J. Calcano Mathieu. Enclosure B. The V enezuelan Minister of Public Works to the V enezuelan Minister for Foreign Affairs. Caracas, June 7, 1898. As the result of the study of the subject which you are pleased to submit to the consideration of this Ministry, in your note of May 23, 1898, No. 761, F.P.L., I have the honour of reporting to you as follows : The tracing of the boundaries between V enezuela and Brazil presents no difficulty from its western extremity to Monte Anay, a mountain belonging to the Pacaraima range ; but from this point towards the east the following doubt occurs : Whether the line of demarcation proceeds directly until it cuts the Essequibo river at the mouth of the Rupununi, as set down in Codazzi's Atlas (Map of the Canton of Upata), or turns toward the south in the direction of the headwaters of the Essequibo river, separating the waters of the latter from those of the Branco river, as shown on the maps published in the statistical year-books of Venezuela and on Bianconi's Map of 1889. The question therefore, is reduced to ascertaining whether the headwaters of the Essequibo belong to Venezuela, or not. No. 105. ( 714O The treaty agreed upon between Brazil and Venezuela, on May 5, 1859, says that the boundary between both nations should follow " along the summit of the Parima range of moun tains to the angle formed by the latter with the Pacaraima range, so that all the waters running into the river Branco should belong to Brazil, and those running into the Orinoco, to Venezuela, the line to continue along the highest peaks of said Pacaraima range, so that the waters running into the river Branco should, as has been said, belong to Brazil, and those running into the Essequibo, Cuyuni and Caroni, to Venezuela, as far as where the territories of both States extend on their eastern side}' By virtue of this clause, it is clear that the boundary line, pg»| to the east of Monte Anay, should not deviate from the division of waters mentioned in the Treaty, but follow them up until the eastern extremity of the Republic is reached, which is, ac cording to the Brief presented by Venezuela, the waterway of the Essequibo. Now, as the above-mentioned division of waters turns towards the south, and as it cannot cut the Esse quibo, except at its headwaters, it follows that the latter point , becomes precisely the conjunction of the southern and eastern frontier of Venezuela. It is so set down in the explanatory map (Venez. C. case, vol. iv. atlas, map 1), which I have the honour of subjoining to the present note. To Venezuela, therefore, belongs the territory comprised within Monte Anay, the mouth of the Rupununi and the head waters of the Essequibo river ; an ownership which is further more verified by the following documents : ist. — In the geographical map of Don Francisco Requena, 1796, which contains the boundary line between the dominions of Spain and Portugal, it is shown that the old Captain General ship of Caracas extended to the east until it conjoined with French Guiana, comprising in its territory all the headwaters of the Essequibo. No. 105. (715) 2nd. — In the map of Cruz Cano y Olmedilla, 1775, and in the chorographic map of Nueva Andalucia, made by Surville in 1778, it is seen that all the basin of the Essequibo lying south of the mouth of the Rupununi river, belonged at the time to Spanish Guiana. 3rd. — From the Direction issued February 4, 1779, by the Intendent-General of Venezuela, wherein rules are given for settling the province of Guiana, it is inferred that the lands belonging to Spain extended eastward until they reached the confines of French Guiana, leaving on one side the territories of Dutch Guiana, while those of the Crown of Portugal remained on the south. 4th. — In the map of Mannert, 1803, it also appears that the headwaters of the Essequibo belonged to Nueva Andalucia. 5 th. — In the Geography of Montenegro, vol. iv. page 3, we read the following : " The easternmost part of Venezuela is the one which touches French Guiana, toward 2° 10' latitude north, and 5 6° 4.' longitude west" (Greenwich). And further on it adds that the line marking the eastern frontier of the Republic cuts the river Essequibo toward 4° 1 2' north latitude, and continues along the summits of the Tumucuraque range, until it confines with French Guiana at the intersection of said range with the Acaray mountains. The boundary line then swerves back along the latter range up to a point where the Acaray mountains meet the Pacaraima range, thus leaving all the headwaters of the Essequibo in V enezuelan territory. 6th. — Codazzi's Atlas (Map No. 10) notes that the territory in question was then considered as usurped by the English, which is an indication that it did not belong to them legiti mately. From the foregoing exposition it appears that the Republic has a right to all the headwaters of the river Essequibo. But as in the Brief presented by Venezuela, and for reasons that have no doubt been duly considered, only the waterway of No. 105. ( 716 ) said river has been claimed as a frontier, it follows in the opinion of the undersigned, that the demarcation that should be main tained is the one traced on the accompanying map, namely, the waterway of the Essequibo , from the point where it empties into the sea to its headwaters, continuing thence to Monte Anay along the range of mountains which divide the waters of the Essequibo from those which run into river Branco. The paragraph transcribed by the Sefior Minister of Foreign Relations, from the work of Don Joaquin M. de Macedo, regard ing the neutralization agreed upon between England and Brazil of the territory lying between the Tacutu and Regumuri rivers, can be no argument against this conclusion, for it is known that England illegally occupies all the headwaters of the Essequibo, as can be seen in the aforesaid Atlas of Codazzi (Map No. 10). The Sefior Minister also desires that the study recommended by him to this Ministry should result in a standard which may serve to appreciate the merit of the demarcation made unilater ally by the Brazilian Commission, from the Cupi hill to the Anay range. Upon this point I beg to state, that having compared the geographical co-ordinates of some angles of the line in question, with those corresponding to the same points of the line traced in the map accompanying the statistical year-books of Vene zuela, there appear some slight discrepancies as to the latitude ; but, regarding the longitude, the discrepancies amount to iu 28' against Venezuela. The proper thing to do, in this case, would be to send a Venezuelan Commission who upon the ground would ascertain which of the parties was in fault. If this is not practicable for the present, and if the settlement of the question is urgent, I am of opinion that it would be advisable to accept the frontier traced in the Brazilian map, since it was made by an honourable and competent Commission of that country, but with the following proviso : " Inasmuch as there are differences between the line of No. 105. ( 717 ) demarcation fixed unilaterally by the Brazilian Commission, QUOted and the one set down in the official map of Venezuela, the latter p' 57' Republic accepts the former line, with the condition that should there be any inaccuracy in the geographical co-ordinates of some of its points, these shall be corrected ; so that in definitive the frontier line should always mark the division of waters mentioned in the Treaty of 1859." It should also be borne in mind that the map presented by the Brazilian Commission offers more differences as compared with that of the statistical year-book of Venezuela than is the case with the atlas of Codazzi, the only scientific work we have upon the subject. The foregoing is in reply to your note of May 23, of the current year. God and Federation. A. Smith. No. 106. CUSTOMARY USE OF THE TERM "GREAT MOUN TAIN CHAIN" TO DESIGNATE IN TREATIES A MAIN WATER-PARTING WITH NO OROGRAPHIC RIDGE. [From " Premier Memoire du Bre'sil," etc., vol. i. p. 239.] (Quoted on page 863 of the Statement.) Traitd de Paix entre le Portugal et la France, signd d Madrid & 29 September, 1801. Art. IV. — Les limites entre les deux Guyanes Portugaise et Francaise seront determinees a l'avenir par la Riviere Carapa- natuba, qui se jette dans l'Amazone a environ un tiers de degre de l'Equateur, latitude septentrionale, audessus du Fort Macapa. Ces limites suivront le cours de la riviere jusqu'a sa source, d'ou elles se porteront vers la grande chaine de montagnes qui Quoted p. 863. fait le partage des eaux : elles suivront les inflexions de cette chaine jusqu'au point oii elle se rapproche le plus du Rio Branco vers le deuxieme degre et un tiers Nord de l'Equateur. Les Indiens des deux Guyanes, qui dans le cours de la guerre auraient ete enleves de leurs habitations, seront respective- ment rendus. Les citoyens ou sujets des deux Puissances, qui se trouveront compris dans la nouvelle determination de limites, pourront reciproquement se retirer dans les possessions de leurs Etats respectifs; ils auront aussi la faculte de disposer de leurs biens meubles et immeubles, et ce pendant l'espace de deux annees a compter de l'echange des ratifications du present Traite. No. 107. NO WATER-PARTING PRESCRIBED IN THE ALASKA BOUNDARY. [Articles III., IV. and V. of the Treaty of 1825, between Great Britain and Russia.] (Quoted on page 869 of the Statement.) " III. — The line of demarcation between the possessions of the high contracting parties upon the coast of the continent and the islands of America to the north-west shall be drawn in the manner following : " Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and 133rd degree of west longitude (meridian of Greenwich), the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude ; from this last men tioned point the line of demarcation shall follow the summit Quoted of the mountains situated parallel to the coast as far as the point of intersection of the 41st degree of west longitude (of the same meridian) ; and finally from the said point of intersection the said meridian line of the 41st degree, in its prolongation as far as the frozen ocean, shall form the limit between the Russian and British possessions on the continent of America to the north-west." " IV. — With reference to the line of demarcation laid down in the preceding article, it is understood : No. 107. (720) " ist. That the island called Prince of Wales Island shall belong wholly to Russia. 2nd. That wherever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north latitude to the point of intersection of the 41st degree of west longitude, shall prove to be at a distance of more than ^Ugggd ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia, as above-mentioned, shall be formed by a line parallel to the windings of the coast, and which shall never exceed the distance of ten marine leagues therefrom}' " V. — It is moreover agreed that no establishment shall be formed by either of the two parties within the limits assigned by the two preceding articles to the possessions of the other ; consequently, British subjects shall not form any establishment either upon the coast or upon the border of the continent com prised within the limits of the Russian possessions, as desig nated in the two preceding articles ; and, in like manner, no establishment shall be formed by Russian subjects beyond the said limits." No. 108. THE WATER-PARTING IN THE SIERRA LEONE BOUNDARY. [From " Agreement between Great Britain and. France, fixing the boundary between the British and French possessions to the north and east of Sierra Leone"- in Blue Book, Treaty series (C.-7600) No. 5, 1895.] (Quoted on pages 872 and 873 of the Statement.) ARTICLE I. — The boundary starts from a point on the Atlantic coast north-west of the village of Kiragba, where a circle of 500 metres radius, described from the centre of the village, cuts the high-water mark. From this point it proceeds in a north-easterly direction parallel to the road leading from Kiragba to Robenia (Roubani), which passes by or near the English villages of Fungala, Robant, Mengeti, Mandimo, Momotimenia, and Kongobutia, at an even distance of 500 metres from the centre of the track, as far as a point half-way between the village of Kongobutia (English) and the village of Digipali (French). From this point it turns to the south-east, and, cutting the road at right angles, reaches a point 500 metres on the south-eastern side, and proceeds parallel to the road at an even distance of 500 metres, measured as before from the centre of the track, till it reaches a point to the south of the village of Digipali, whence it is drawn di rectly to the watershed formed by a ridge which, commencing south of the destroyed village of Passinodia, distinctly marks the line of separation between the basin of the Mellakori (Mella- coree) River and that of the Great Skarcies or Kolente River. 721 n ISTo. 108. ( 722 ) The frontier follows this watershed line, leaving to Great Britain the villages of Bogolo (N'Bogoli), Musaliya, Lukoiya (Malaguia), Mufuri (Mafore), Tarnenai (Tanene), Modina (Ma- dina), Oblenia, Oboto, Ballimir, Massini, and Gambiadi, and to France, the villages of Robenia (Roubani), N'Tunga (N'Tugon), Daragli, (Daragoue), Kunia, Tombaiya, Heremakuno (Erima- kono), Fransiga (Fonsiga), Talansa, Tanganne (Tagani), and Maodea, as far as the point nearest to the source of the Little Mola River ; from this point it follows a straight line to the above-mentioned source, follows the course of the Little Mola to its junction with the Mola, and then the thalweg of the Mola to its junction with the Great Skarcies or Kolente. From this point the frontier follows the right bank of the Great Skarcies (Kolente) as far as a point situated 500 metres south of the spot where the road leading from Wulia (Ouelia) to Wossu (Ouossou), via Lucenia, touches the right bank. From this point it crosses the river and follows a line drawn to the south of the above-mentioned road at an even distance of 500 metres, measured from the centre of the track, until it meets in a straight line connecting the two points mentioned below, namely : 1. A point on the Kora, 500 metres above the bend of the river which is situated about 2500 metres north of the village of Lusenia, or about 5 kilom. up the Kora River measured along the bank, from its point of junction with the Great Skarcies (Kolente). 2. A gap in the north-western face of the chain of hills lying in the eastern part of Talla, situated about two English miles (3200 metres) south of the village of Duvunia (Donia). From this point of intersection it follows the above-men tioned line eastwards to the centre of the above-mentioned gap, from whence it is drawn straight to a point on the River Kita, situated above and at a distance of 1500 metres, as the crow flies, from the centre of the village of Lakhata. It then fol- No. 108. (723 ) lows the thalweg of the Kita River as far as the confluence of that stream with the Lolo. From this point of junction it coincides with a line drawn Quoted p. 872. straight to a point on the Little Skarcies or Kaba River, four English miles (6400 metres) south of the 10th parallel of north latitude ; and it then follows the thalweg of the Little Skarcies as far as the said parallel, which then forms the boundary as far as its intersection with the watershed {" ligne de partage des eaux "), separating the basin of the Niger on the one hand from the basins of the Little Skarcies and other rivers, falling westward to the Atlantic Ocean on the other hand. Finally the frontier follows the aforesaid watershed south eastward, leaving Kalieri to Great Britain, and Herimakuna (Erimakono) to France, until its intersection with the parallel of latitude passing through Tembikunda (Tembikounda), that is to say, the source of the Tembiko or Niger. Article II. — The boundary defined in this Agreement is marked on the map which is annexed hereto. Article III. — This Agreement is regarded by the two Govern ments as completing and interpreting Article II. of the Agree ment of 10th August, 1889, Annex 1 of the said Agreement, Annex 2 of the said Agreement (heading Sierra Leone), and the Agreement of the 26th June, 1891. Done at Paris, the 21st January, 1895. Signed. — E. C. H. Phipps. — J. A. Crowe, Georges Benoit. — J. Haussmann. ANNEX. Although the delineation of the line of demarcation on the Quoted map annexed to the present Agreement is believed to be generally accurate, it shall not be considered as an absolutely correct re presentation of that line until it has been confirmed by future surveys. It is therefore agreed that, in the event of Commissioners No. 108. ( 724 ) or local Delegates of the two countries being hereafter appointed to delimit the whole or any portion of the frontier on the ground, they shall be guided by the description of the frontier as set forth in the Agreement. They shall at the same time be per mitted to modify the said line of demarcation for the purpose of delineating its direction with greater accuracy, and also to rectify the position of the watersheds, roads, or rivers, as well as that of any of the towns or villages indicated on the map above referred to. It is, however, understood that any alterations or correc tions proposed by common consent of the aforesaid Commis sioners or Delegates shall be submitted for the approval of their respective Governments. No. 109. POWERS AND ATTRIBUTIONS OF THE DELEGATES in the Puna Arbitration. [Translated from " Documentos relativos a la Confereucia de Buenos Aires," Santiago, 1899, pp. 4-7.] (Quoted on page 894 of the Statement.) First Record. IN the city of Santiago de Chile on November 2, 1898, there being present in the bureau of the Minister for Foreign Affairs the Minister of the Department, D. Juan Jose Latorre and Sefior Don Alberto Blancas, Charge d' Affaires and Plenipo tentiary ad hoc of the Argentine Republic, according to tele graphic credentials to be confirmed later in due form, they declared that, it being the desire of the Governments of the Chilean Republic and of the Argentine Republic to come to an agreement on all matters which affect, or might affect, the two countries directly or indirectly, thus establishing in a com plete, frank and friendly manner the relations involved by glories common to both from the very outset of their political emancipation, it was agreed : First. To hold a conference in the City of Buenos Aires with the following objects. A. To trace the dividing line between parallels 23° and 260 52' 45" S. lat., in fulfilment of what was laid down in the first basis of the Agreement of April 17 1896, regard being Quoted p. 894. had to all the documents and antecedents of the question. 725 No. 109. (726) B. To study and draw up the solutions relating to matters- which may, directly or indirectly, interest the two countries and which may be directly submitted to their consideration. Second. The Conference shall consist of ten delegates, five being nominated by the Chilean Republic and five by the Argen tine Republic. The nomination of its delegates by each Govern ment and the settling of the initial date of the Conference will be the subject of a subsequent Act. Third. The Conference will begin by considering the first point to which the first basis refers. If the delegates come to> an agreement on the said point, either unanimously or by a majority, the dividing line thus accepted shall be definitively traced and communicated at once to both Governments so that, the matter being laid before the Government' of Bolivia, to the effect of placing landmarks at such points of this line as may be thought necessary. If the delegates should not come to an agreement, they shall inform their respective Governments so that the procedure established in another Act of the same date be carried into effect. Fourth. After executing the provisions of the previous- basis, the Conference shall proceed to consider the remaining points to which the first basis refers. The resolutions adopted by the delegates shall have no binding force on their respective Governments ; but, once communicated to them, the said Governments shall make a decision concerning them in a defini tive manner. Fifth. The Commission shall accomplish its mission within ten days of its first sitting, unless the Governments shall, by common accord, agree to prolong the said term. Sixth. If after three sittings the Conference should not have effected the tracing of the line between parallels 23° and 260 52' 45" S. latitude, the Demarcating Commission referred to in the Act of this same date shall begin the execution of its mission. No. 109. (727) In record of which the undersigned, in the name of their respective Governments, sign the present agreement in dupli cate, one for each party, and attach thereunto their seals. J. J. Latorre. Alberto Blancas. Second Record. In the city of Santiago de Chile on November 2, 1 there being present in the bureau of the Minister for Foreign Affairs, the Minister of the Department, D. Juan Jose Latorre and Sefior D. Alberto Blancas, Charge d' Affaires and Pleni potentiary ad hoc of the Argentine Republic, according to telegraphic credentials to be confirmed later in due form, with a view to continuing the Conference referred to in the Act of September 1 7 last, after an interchange of views, they agreed : — First. To appoint a Chilean and an Argentine delegate, and the present Minister of the United States of America accredited to the Argentine Republic, in order that they, acting as demar cators, and in view of the documents and antecedents of the question, may proceed by a majority, to trace in a definitive manner the dividing line referred to in the first basis of the Agreement of April 17, 1896. Second. The dividing line having been traced, the Demar cating Commission shall lay it before the respective Governments so that it may be communicated to the Bolivian Government to the effect of erecting on the ground dividing landmarks at such points of this line as may be considered necessary. Third. The Demarcating Commission shall meet in the City of Buenos Aires and shall begin the task entrusted to it within 48 hours after the respective Governments have informed its members of the occurrence of the case foreseen in the Agree ment of this same date. Within three days of the first sitting,, the demarcation of the dividing line should be concluded. No. 109. (728) Fourth. Should there be any difference as to the solution adopted, the dissenting member may place this on record by signing as such, but he shall not state the grounds of his view. To record which, the undersigned, in the name of their respective Governments, sign the present Act in duplicate, one for each party, and thereunto attach their seals. J. J. Latorre. Alberto Blancas. No. 110. ANTECEDENTS OF THE ARGENTINE-BOLIVIAN TREATY OF 1893. [Translated from an extract of Senor Bertrand's Report as to the Puna Boun dary in 1893, printed in " Documentos oficiales relatives a los Limites entre Chile, Bolivia 1 la Republica Arjentina en la rejion de Atacama," Santiago, 1898, pp. 109-113.J (Quoted on page 897 of the Statement.) WHEN the numerous maps of the Argentine Republic, from those of Moussy, Seelstrang, etc., to the new map by Bracke- busch (1891), are examined, it is seen that the Bolivian fron tier in the provinces of Salta and Jujui, though not determined by treaties, is nevertheless drawn with small differences by the geographers ; these boundaries de facto are shown with perfect precision in the excellent map of Sefior San Roman, in view of the traditions personally collected in the entire extent of the said frontier. As it would be tedious to quote all the maps on which this demarcation appears, I will confine myself to pointing out the small differences between such authors as deserve credit on account of the thoroughness of their work. Dalence (18 51) in his "Statistical Sketch of Bolivia," describes thus the divisional line from the Portezuelo (San Francisco) which serves as boundary to the Province of Cata- marca and the^canton of Antofagasta. " From herelit turns to the NW. by the deserts of Chaco Alto, skirting the opening of Carachapampa, Cerro Galan and No. 110. ( 730 ) Puerta de Burras, the Argentine parishes of Belen, Santa Maria, Cachi, Rinconada and Santa Catalina, dividing those from the Bolivian cantons of Antofagasta, San Antonio de Lipes, Esmoraca and Talina as far as la Quiaca." Moussy (1866) in Plate XVI. of his atlas begins the Bolivian frontier from parallel 260 20', to the north, by the summit of the mountains which divide the central plateau from the eastern plateau, and makes it pass to the east of Antofagasta, Antofallita, Cauchari and Sierra de Sapateji and Rosario, by Chorrillo, Tolar, Toconar and Esmoraca as far as Quebrada Quiaca. Brackebusch (1882) in his paper on the petroleum forma tion of Jujui says, referring to this province : " Its boundaries with Bolivia, still unsettled, are accord ing to the actual conditions of possession and jurisdiction the following: to the N.E. the mountain of Intacancha (650 18' W. long, and 22° 10' in S. lat.). The boundary line issuing from here passes by Yavi Chico, La Quiaca, Penas Blancas, Piscuno as far as Rochaguasi on the River San Juan, the most advanced point to the NW. On the west the Cerro de Gra- nadas, and following to the north the river which rises in the said hill, called further down the Rio de Gaciayo, which joins in Chusmimayo with the River San Pedro; all these rivers join to form the River San Juan, along which the boundary runs as far as Rochaguasi. To the south of Cerro Granadas the boundary is an ideal straight line drawn from Cerro Galan to Cerro Incahuasi, and from here as far as the Rio Susques which further down is called the Rio de las Burras, and forms as far as its mouth near the Cerro Negre the divisional line with Salta. . . ." The same author in his map of the interior of the Argen tine Republic which was published in 1885 prolongs the boun dary line southwards by the gaps of Chorrillo, Cortaderas, Pasto de Ventura and Cerro de Peinado, leaving within the No. 110. ( 731 ) Argentine territory San Antonio de los Cobres, and without it Rosario de Susques, Pastos Grandes, and Antofagasta, Finally, in his new map (1891) Dr. Brackebusch has marked with more precision the boundary line in view of his new topographical operations and of those of the under signed, fixing it by numerous summits and gaps allowing its easy identification. Sefior Manual Sola, in a report to the Government of Salta (1884) on the western boundaries of the province, says: " On the west the province of Salta is divided from Bolivia by the prolongation of the boundary line which, passing by La Quiaca, crosses the road from Tarija to Lipes as far as the Rio Grande or San Juan, and its headwaters, the River Granadas and Coyaguaima : it passes by Rosario de Susques, Toconao, Pastos Grandes, to the east of the Bolivian village of Antofagasta at 50 kilbmetres from Laguna Blanca, which remains in the territory of Salta, and, deviating to the west, runs along the summits of the Cordillera de los Andes and the frontier of Tucuman and Catamarca." The Argentine Geographical Institute, in the map of the Provinces Salta and Jujui (1886) marks the boundary with Chile to the north of parallel 26, by the beginning of the Quebrada de Tacuil, Cerro Luracatao, Cerro Tobar, whence, instead of passing by the opening of Tolar and the snowy mountains of Cachi, it turns to the snowy ranges of Pastos Grandes, leaving the swamp and village of that name in Argen tine territory, but it recedes afterwards as far as the opening of Chorrillo, passing to the east of Rosario de Susques, skirting the headwaters of the Rio Coyaguayma, Cerro Granadas and the Rio Estarca. Sefior Latzina in his "Geography of the Argentine Republic" indicates the same limits as follows : " Province of Catamarca with Chile and the desert of Atacama and Antofagasta (formerly belonging to Bolivia), No. 110. ( 732 ) bounds the Province by the line dividing the waters which descend to the Pacific Ocean, and to the great central plateau. This line passes by the mountains of San Buenaventura, the summits of la Hoyada, Mount Azul, the gap of Pasto de Ven tura, the summit of Sierra de la Laguna Blanca, the lagoons of Durazno and Diamante as far as the sources of the Rio de los Patos. "Province of Salta. This province is separated from the desert of Atacama by the division of the waters which descend to the Calchaqui Valley, from the sources of the Rio de los Patos to the Cerro Gordo, Tagarumi and the gaps of Tolar and las Pizcas ; the line continues along San Jeronimo (to the west of los Chorrillos), the gap of Pasto Chico and the summit to the west of Salinas Grandes, until it meets the Rio de las Burras to the east of Susques." Sefior Justo Leigue Moreno in his " Map of Bolivia, com piled from the documents existing in the Foreign Office}' shows the department called Littoral from the 24th parallel to the mouth of the River Loa, as Bolivian territory occupied by Chile, giving to it on the west the same boundaries as Dr. Brackebusch and the undersigned. Senor San Roman in his Report from 1889 and 1890, referring to his geographical work in the Cordillera de Ata cama, says : " The international boundaries have been left defined with such a degree of precision and minuteness that it is quite unnecessary to make new surveys in the extent of more than a hundred geographical leagues of the bordering Cordillera between Cerro del Potro, where the single-ridged chain of our southern Andes ends, and the peak of Granadas, in the midst of the Bolivian plateau, being the meeting point where the boundary lines of the three Republics intersect, and the eastern termination of our territory and of the sea-coast, between the extremities of Huasco and those of the total area covered by No. 110. ( 733 ) the surveys and the network of more than 500 principal triangles, which represent an extent equivalent to one-third of the area of the rest of Chile as far as the canal of Chacao." In fact, from the San Francisco Gap to the 23rd parallel, the map of San Roman contains not less than eighteen trigo nometrical points. This boundary is almost coincident with Brackebusch's, save as to a detail in the Valley de los Patos [25° 30' S.J which the latter leaves entirely in Chilean ter ritory, while San Roman leaves the upper part of the said valley in Argentine territory. No. 111. REASONS ALLEGED BY THE CHILEAN DELEGATES, IN THE PUNA ARBITRATION, IN SUPPORT OF THE CHILEAN EXPERT'S LINE. [Translated from " Documentos relativos a la Conferencia de Buenos Aires" Santiago, 1899, pp. 23-26.] (Quoted on page 898 of the Statement.) The^[Chilean Delegates to the Chilean Minister for Foreign Affairs. Buenos Aires, March n, 1899. ***** The Chilean Delegation maintained that the dividing line should be traced in the eastern chain of the Cordillera de los Andes beginning from Incahuasi southwards. It stated as its reasons : ist. That the Cordillera de los Andes, within which the dividing line must necessarily be traced, is not only the western chain of Licancaur , but also the eastern chain which detaches from Incahuasi southwards, the central chain which starts from the neighbourhood of Zapaleri to the south, and all the mountains and valleys existing between the chains of Incahuasi and of Licancaur ; that this aggregate of mountains and chains, which join, bifurcate or separate, forms the great Cordillera that traverses all America from north to south ; and that, though it be legitimate and usual to give special names to its different No. 111. ( 735 ) sections, it would not be so to separate any part of them, for they are really an aggregate of mountains designated by the name of Cordillera de los Andes by all geographers. 2nd. If it was only established in the Records that the line Quoted p. 898. should be traced along the Cordillera de los Andes, the delimi tation of the boundary by the eastern Incahuasi Cordon would be correct, this range being part of this Cordillera, and com bining the conditions of height, continuity of high summits and division of waters contemplated in the treaties. 3rd. That, as the Act of November 2nd establishes both that the line be traced in the Cordillera and that this tracing be made in view of all the documents and antecedents referring to it, the tracing must be executed in the Incahuasi chain which would leave the Puna, as at present, in Chile's possession, and that the Licancaur chain, which would yield the reverse result, should be rejected. 4th. That the Puna of Atacama, which the Argentine [Republic] declares to belong to it through cession on the part of Bolivia, ceased to be Bolivian territory from 1879, and con sequently Bolivia could not in 1889 and 1893 cede what it had lost and ceased to possess in 1879. That, apart from ancient rights, the Puna has been Chilean territory since 1879, for Chile, being at war with Bolivia, de clared, in February and April of that year that the boundary Treaties violated by Bolivia were annulled, and that she reclaimed, as Chilean territory, all that extending south of parallel 23 wherein is included the Puna. That this solemn declaration, officially communicated to neutral nations, is decisive since, either as recovered or con quered, it was sanctioned by the triumph of the Chilean arms, and has been upheld by an unbroken series of facts and official declarations and records from 1879 to the present day. That the Treaty of Truce of 1884 between Chile and Bolivia only considered as Bolivian territory that lying north of parallel No. 111. (736) 23, thus placing it beyond discussion that the territory situated south of this parallel was recognized to be Chilean, as had been already declared in 1879. This fact is emphatically stated in a note from the Chilean to the Bolivian Foreign Office dated December 15, 1888. It is stated with equal emphasis in the Treaty of Peace between Chile and Bolivia, signed May 18,, 1895, which is absolutely silent regarding the territory situated south of parallel 23, and is affirmative solely with respect to territory situated north of this parallel. That, moreover, the Chilean nationality of the Puna has been maintained with the assent of Bolivia. This statement is proved by the fact that the villages of the Puna have, from 1879 to the present date, been governed by Chilean authorities- without any protest from Bolivia ; by the presence of Chilean troops in this territory ; by the exercise of jurisdiction there by Chilean tribunals ; by Chile's rejection of the Bolivian law of jurisdiction which sought to attach some villages of the Puna to the province of Sud-Lipez ; by the express inclusion of the Puna in the province of Antofagasta, created by Chilean law in 1888 ; and by many other facts and declarations. It is further shown by many English, German, Argentine and Bolivian maps. 5 th. That if the declarations, agreements and facts adduced to establish the dominion of Chile over the Puna be insufficient to warrant this dominion being definitively secured, they un questionably suffice to warrant our affirming in the clearest manner the Chilean possession of this territory : a possession which has existed uninterruptedly since 1879, and which Bolivia has explicitly recognized in the Treaty of Truce of 1884, the effects of which were defined in the Carrillo-Zafiartu protocol of August 1887, called forth by the Bolivian law respecting Sud-Lipez, and in the declarations of the Chilean Ministry occasioned in 1888, by the Chilean law which estab lished the province of Antofagasta, declarations which were No. 111. ( 737 ) not impugned by the representative of Bolivia at San tiago. We have shown lastly, that this Chilean possession radically vitiated the cession to Argentine by Bolivia of a territory which she did not possess and of which International Law prevented her disposing. . . . ***** On this day [March 4] we summed up the whole debate and, recognizing that, so far as concerned the legal domain, all dis cussion was at an end, we frankly and openly proposed that we should endeavour to seek a conciliatory and friendly solu tion in view of the vast political and international interests to which our accord might lead. Emphasizing our proposal, we declared that we were ex pressly authorized by the Chilean Government to seek a settle ment outside the province of strict right, and that personally we strongly desired this result, this being one of the reasons which had led us to accept our commission. We further stated that the high position and political influ- Quoted ¦ence of the Argentine Delegates and the absence of Geographers and Experts from the Delegation, as well as the unusually short delays allowed for discussion, indicated the Government's pur pose of leaving technical solutions aside, if necessary, and of favouring a solution by compromise instead. In further support of our proposal we drew attention to the fact that, as the Puna was of no extraordinary importance and was, in the greatest part of its extent, unknown, it would be laudable and satisfactory to hit on a solution which, setting aside all idea of antagonism and strife between the two Repub lics, would afford genuine roots to their friendship and would abundantly stimulate their industrial, commercial and social interests conjoined by nature over a territorial proximity of thousands of kilometres. Eulojio Altamirano. — Enrique Mac-Iver. — Eduardo Matte. — Luis Pereira. — Julio Zegers. No. 112. SENOR BERTRAND ON THE CORDILLERAS North of the 27th Parallel. [Translated from an extract of " Memoria sobre las Cordilleras del Desierto de Atacama," etc., Santiago, 1885, pp. 195-200.] (Quoted on pages 909 and 910 of the Statement.) General Description of the Puna de Atacama and ADJACENT REGIONS SHOWN IN THE Map. — Scope of our descrip tion. We propose to collect in this chapter the knowledge we have acquired on the region represented in the map which is an nexed to this Report. The information will be mostly of a superficial and practical character, as our object is to supply the traveller and the explorer with the needful data for the formation of an accurate idea of the region he is about to tra verse, its resources, its tracks and its paths, warning him at the same time as to the deficiencies and blanks he will find in the same. Doubtless the original information in geological and minera- logical matters will seem somewhat deficient ; this is due to two causes : the first is that, during the journey we have been principally concerned with astronomical and geodetical obser vations, and consequently it has not been possible to form a collection of specimens which would have required frequent deviations from the route ; thus, it has only been possible to acquire a general notion as to the various formations, 738 No. 112. ( 739 ) judging by the aspect of the rocks ; the second reason is our conviction of the danger of generalizing from certain isolated facts ; hence the little use of those premature geological or stratigraphical maps, in which hypothesis played the greater part, based on few, and sometimes unconnected, observations. The descriptions contained in the present chapter are based either on our own observations or on trustworthy and original ones in the works which we have just revised. OROGRAPHY. — Particular configuration of the Andes accord ing to the latitude. M. de Moussy, describing the Cordilleras de los Andes, says : — " This gigantic range, which appears awful on account of Quotedp. 906. its piled up masses, begins as a single chain of inconsiderable ' breadth in the south, and increases in amplitude as it trends ' northwards. The width of its plateaus, increasing with the ' number of its ranges {chainons), and of its longitudinal ' valleys, forms, under the equinoctial zone, in Bolivia, those ' elevated plains which, at an altitude of 4000 metres, call to ' mind the uniformity of the Pampas. It is from the 30th ' parallel, a little to the north of the village of Jachal, that the ' Cordillera duplicates and then triplicates, quadruplicates and ' even sextuplicates its parallel ranges, so as to form, in the ' first place, the grand Andean massif, and further east, the ' Famatina chain, those of Rioja, Ambato, Aconquija and of ' Alumbre, which is the easternmost spur at whose foot begin ' the horizontal plains of the Chaco. It thus embraces in the ' tropics an extent of seven degrees of longitude." This dismemberment of the Andes into parallel cordons is also observed in Chile, but, in general, the latter fall remark ably in height as they are further removed from the anticlinal cordon. Amongst all these Cordilleran branches, geographers used to No. 112. ( 740 ) apply the denomination of Andes to the western range, because Quoted it is the one which deviates least from the general direction ; Sefior Hugo Reck does so when dealing with the orography of the Bolivian high tableland, and calls the eastern one Cordillera Real ; this last, however, does not join the first, as Senor Reck believes, between 230 and 240 S., but continues further south without deviating much from its original direction. South of the 23 rd parallel, however, the Cordillera Real does not preserve the continuity which it presents north of that parallel, nor is there, between it and the Andean Cordon, any other continuous snowy chain which substitutes it. In general, it is difficult to Quoted consider the orographical features of the region about to be described as similar, either to the marked separation of Andes and Cordillera Real of Sefior Reck, or to the parallel ranges of Senor Moussy. However, as it is necessary to introduce a certain order in our description, we shall divide into five orographic zones, parallel to the meridian, the portion of the Cordillera comprised between the 21st and 27th parallels. These various ZONES DO NOT FORM RANGES {cordones) PROPERLY SO-CALLED, but rather groups of summits, and the following classification is based, not so much on the height of the latter as on the altitude above the sea of the more or less even ground on which they stand. Orographic Zones. We shall not enter here on the consideration of the coast- zone, as it has not been included in our surveys, nor is it drawn in our map. The first orographic zone which leaves to the west what has properly been called the " desploblado," deviates little from the 69th meridian (west of Greenwich). It starts to the east of this meridian, at the heads of the ravines of Guatacondo near 210 S., and includes the group of mountains rich in minerals which surround on three sides the River Loa, the Cerros de No. 112. ( 741 ) Limon Verde, those of Caracoles and, further south, the Cordon de Varas, the Sierras of Sandon, Chaco, Bolson, Dona Ines, Cerro Vicuna and Indio Muerto. The western base of this zone has a general altitude of 1500 to 2000 ms. above the sea in its northernmost part, increasing in height towards the south. The passes across these mountains and their summits follow the same law ; thus, while the Cerros de Paqui scarcely rise to 4000 m., those of Caracoles, Las Aguadas and el Quimal attain 3500 to 4000 m., and the Cerros del Juncal and Dona Ines exceed 5000 metres. The second orographic zone comprises the groups of lofty summits which form what more appropriately can be con sidered as similar, in this region, to the Andean cordon so well characterized in the south of the Republic. Beginning with the Volcan Olca, the Nevados de Aucanquilcha, Palpana, Polapi, San Pedro and San Pablo, Paniri, Puma Urco and Linzor, the mountain groups stretch more directly to the south by the summits of Tatio, Vizcachillas, Jorjencal, Puripica, Licancaur, Potor, Hecar, Lascar, Tumisa and Miniques ; thence the four summits of Miniques, Pular, Socompa, and Llullaillaco lie in a straight line to the south-west. South of the latter, beyond the Nevado de Azufre, this zone is lost in a vast unex plored space, and seems to join the first at the summits of Dona Ines and Cerro Bravo. The western base of this zone is, in its northern part, the upper course of the River Loa, and then, the succession of valleys, tributaries either to the Loa, or to the salt-plains of Atacama and Punta Negra. The northern and southern extremities of this base rise to more than 3000 m. above the sea, while its intermediate portion lies at about 2400 metres. Although this Cordillera cannot be crossed, as some affirm, at any point whatever, it has nevertheless numerous passes, as will be seen from the itineraries which we shall insert further on. East of the Andean cordon a vast undulating region ex- No. 112. ( 742 ) tends, the mean altitude of which varies from 3500 to 4000 metres ; this is properly called La Puna, from a Quichua word which means elevated region. Many mountain groups which form our third orographic zone lie scattered in this region ; among these are the volcano Oyagua, the Cerros de Tapaquilcha, the Nevados de Laguna Colorada, Torque, Quetena, Zapaleri, Lina, del Rincon, Pocitas, Antofalla, Mojones, and lastly those of Laguna Brava, San Francisco and el Peinado, — summits not inferior to those of the second zone, the difference being that these groups are all isolated, leaving between them passes not exceeding 5000 metres in height. The fourth orographic zone may be considered as a pro longation of the Cordillera Real de Bolivia, on which broad ridge rise the notable Cerros de Chorolque, Santa Isabel and Lipez ; in fact the Cerros de Granadas, Incahuasi, Acay and the range of Cachi, follow from thence the direction of the meridian. The same zone is again met with, further south, in the summits los Quilmes and the Sierra de Gualumpaja. This zone forms, in general, the eastern boundary of the Puna, excepting the Puna de Jujui, which extends still further east. The eastern base of this zone is not lower than 3000 m., and in parts reaches 3500 m. Our fifth orographic zone is formed, in the south, by the Sierra di Aconquija, that of Calchaqui, and, further north, by the Nevados del Castillo ; it forms the eastern boundary of the Puna de Jujui with the Sierras de Chafii and Aguilar, but extends much further east in the Sierra de Zenta, outside our map. The eastern base of this zone is very low, as few points rise above 1000 metres, and it descends to 450 m. in Tucuman. After this rapid enumeration, it is easy to define the Puna as an expansion of the summit of the Cordillera whose level portions have an altitude of 3500 to 4000 metres, bounded on both sides by successions of mountains which, on the west, form the Andean cordon, and on the east, the fourth and fifth oro- No. 112. ( 743 ) graphic zone. The proper configuration of the region of the Puna is, besides, accentuated by numerous groups of moun tains distributed with the utmost irregularity, though it may be observed, as will be pointed out when dealing with the hydrography, that a general direction from north to south prevails. Although these groups do not properly form chains, the space intervening between one summit and the next lies at a higher level than the lateral bases, thus constituting true open ings and gaps, the altitude of which above the sea varies from 4200 to 4900 metres. This is applicable, as well to those which give access to the lower regions extending east and west of the Puna, as to those over which it is necessary to cross in order to pass from one part of the Puna to another. Hydrography. — General idea. We already know that the Cordillera de los Andes in its southern portion forms a well-defined cordon, and constitutes the divortia aquarum between the waters which fall into the Atlantic and those which flow more rapidly to the Pacific. Although this water-parting ridge be not formed by the most elevated summits of the Cordillera, its course is nevertheless clear and undivided ; thus, the imagination could rigorously follow, step by step, the progress of two twin drops formed side by side on the edge of the Araucanian Cordillera, and which might glide down by the opposite slopes, one to the west, and the other to the east, from the ravine to the torrent, from this to the rivulet, to the stream, to the river, until the first should mingle with the waters of the Pacific amidst the sands of the Bio-bio, and the second should reach the Atlantic shores, lost in the waters of the Rio Negro at a distance of 1300 kilo metres from the first. As far north as 320, the separation is always very clear, al though the course of the waters is not continuous on the Argen- No. 112. ( 744 ) tine side, as the Rivers Mendoza and San Juan have no direct or permanent drainage to the ocean. From 32° to 2 8° the dismemberment of the Andean summit mentioned by Senor Moussy becomes accentuated, forming great extents of very high ground, although these are not plateaus as some maps seem to depict them, the fact being that they appear blank, because they are unexplored and their mountains are unknown. Despite the multiplicity of their ridges, the hydrographic system is continuous, that is to say, the beds of all the ravines, streams and rivers, join successively to form the River Desaguadero. To the north of the 28th degree a new hydrographic confor mation presents itself, consisting of independent basins, or hollows, whose waters do not visibly feed any river, being besides separated from the conterminous basins by elevations of the ground. This conformation predominates in the Punas de Atacama, de Salta and Jujui, de Lipez, Chichas, and Oruro ; in consequence of which there is a bifurcation of the divortia aquarum of the Andes into two branches ; the western one corresponding to the boundary of the water-drainage towards the Pacific coast, and the eastern one to that of those which directly or indirectly are tributary to the Atlantic. These two branches of the divortia aquarum are very sinuous ; they form very acute angles pointing inwards, such as those at the origin of the Rio San Francisco or Fiambala, and the River de San Juan Mayo, and do not join again until 140 30' S., where the divortia aquarum line begins its unity which it preserves to the northern extremity of the Andes. Between the two principal branches into which the water- parting line divides, many others exist, forming the separation between the various basins or hollows we have mentioned. Some of these are very extensive, such as those of Lakes Titicaca and Poop 6, and others are very small, like the greater part of those forming the southern portion of the Puna, with a descrip tion of which we are dealing. No. 113. DR. L. DARAPSKY ON THE CORDILLERAS OF THE PUNA DE ATACAMA. [Translated from extracts of an article entitled " On the Geography of the Puna de Atacama," published in " Zeitschrift der Gesellschaft fur Erdkunde " zu Berlin, Band xxxiv., 1899, No. 4.] (Quoted on page 915 of the Statement. Darapsky's Map reproduced in Plate XXXIII. facing same.) (P. 282) BUT, as geology and climate involve numerous exclusive formations on the other side of the River Colorado and the Wahsatch Mountains, as the Rocky Mountains suddenly cease at Santa Fe, and yet similar conditions recur further on in the Llano Estacado as well as in the Bolson de Mapimi, so also in the south of the continent, the region of the ' salares ' cannot be sharply divided by a sharp line from the basins of the sources of oceanic rivers. Apart from that, many of the latter deserve their name only periodically. (P. 287) Whereas older descriptions show the high moun tains with multitudes of chains, their number and length are generally reduced on closer inspection. Philippi especially sought to do away with them in Atacama by replacing them by plains with individual elevations. These plains then again exhibit inequalities, which unexpectedly seem to increase to ridges in an atmosphere the clearness of which annuls all differ ences of distance. The configuration of this world of high mountains is therefore just as imperfectly represented by trans verse and longitudinal chains (according to Moussy and Pissis) No. 113. (746) as by individual mountains scattered over open plains (according to Burmeister and Philippi). The base itself expands until it assumes gigantic proportions, the number of distinguishable summits decreasing with their slope ; from the crest of the pass the eye seeks in vain the ridges and peaks that have been fol lowed for days, and which now turn into shapeless ledges. Steep declivities form the dwindling exception, and belong exclusively to recent lava-cliffs. But these ridges measure 4500-5000 metres, the depressions 3500-4000. Usually water plays the leveller of differences of height ; here its absence has a deceptive effect regarding the real circumstances. But local usage unhesitatingly chooses Cerro and Punta in speaking of one, and Quebrada in speaking of the other of the contrasts familiar to it. It shall have its way. Only a single instance of a real plain is known to me : the Meseta de los Colorados ; and even that is only the broad edge of the depression between Potrero Grande and Tamberia, and distinctly swells to the south and east. To go at once into details, San Roman's " orographical systems " of the desert may serve as a starting point. The five meridian zones into which Bertrand divides the Puna should only facilitate the grouping. The author expressly protests against F. Moreno understanding by this the same number of chains {cordones). The word " Cordillera," which is by no means specially coined for America, but, true to its derivation, means any chain or range of mountains, leads us only too easily to find such everywhere. Coming from the south San Roman now first separates from the main watershed in the Cerro del Potro in 690 40' 40" W. Long., 280 18' 30" S. Lat., a Cordillera Darwin, which is said to observe its course in the meridian more faithfully than the former. Opposite the Cerro Tronquitos, where he makes the Cordillera Darwin end, its place is taken by the Cordillera Domeyko, which stretches from the Volcan Copiapo in 69° 8' 40" W. Long., 27° 19' No. 113. ( 747 ) S. Lat., to the Cerro Quimal in 68° 43' 20" W. Long., 23° g' S. Lat., over the Cerros Maricunga, Codocedo, Bravo, Dona Ines, Bolson, Chaco, Sapos, Varas and Imilac, a length of 550 km. According to C. M. Sayago the Cordillera Domeyko starts from the Cerro de la Gallina in 69° 3' W. Long., 27° 49' S. Lat., in the main water-parting chain, and, passing the Cerro Quimal, rejoins the series of high volcanoes in the Tatio {67° 58' W. Long., 22c 27' S. Lat.). The last part San Roman specially gives as Sierra Barros Arana. Whatever may be the guiding ideas in establishing these ranges, one thing is certain : that the stately cone of the Dona Ines (5500 m. S. Rom.) has no continuation southward. It ends abruptly, without spurs, and, before it, extends for over 30,000 hectares the Salar de Pedernales (3333 m.) so-called from the wealth of flint stones in a valley entering it in the S.W., but also called La Ola. From its edge, which in the N.W. is scarcely 30 m. above the surface, and overtops a ravine 150 m. deep, flows, a few kilometres southwards from the Agua Helada, at a third of the height, the Rio Salado, a natural discharge of the great basin. So low is the embankment, which is a pile of loose heaps of volcanic matter, that one can see from every part of the shore of the Salar the heights beyond the Rio Salado, and even the range of the Doha Ines Chica in the N.N.E. Only in the S.W. corner of the Salar do the mountains close up again nearer and higher. Towards the north a mountain lies against Doha Ines, stretching uninterruptedly to 24° 49' S. Lat. It is true that mountain masses also extend further with a similar trend ; but it remains doubtful how they are connected with one another, the more so as they lose in height what they gain in connection. So far therefore a chain undeniably exists here ; it is usually regarded as the first or west Cordillera, and rises in the Cerro de Sapos to nearly 4800 m. Here begins the Puna in the physio- graphical sense : westwards there are only river-valleys, al- No. 113. (748) though but little water ; eastwards there are separate basins. The Laguna Blanca, in 69° 27' W. Long., 24° 35' S. Lat., is the first such salt-plain to cross over towards the coast also, where they now rapidly increase. The Salar del Carmen behind Antofagasta approaches the sea within 12 km. We can not therefore ascribe this phenomenon exclusively to the Puna, as it evidently depends only on the quantity of rainfall. Its absence proves the prevalence of erosion throughout the district on this side of the western Cordillera and south of the 25th degree of latitude. (P. 290) There can be no cross-ridge, like the Cordillera Claudio Gay as understood by Sayago, coming from the Cerro Tres Cruces, in 68° 43' W. Long, and 27° 7' S. Lat., over Leoncito, Panteon de Aliste, and Cerro Colorado de Pedernales, and turning to the Bolson. (P. 293) We have thus come right into the high Cordillera, Quotedp. 915. that of the giant volcanoes, the " main chain," Bertrand's Cordon Andino, or San Roman's Cordillera Real de los Andes, and yet nowhere are mountain-ranges visible. Whereas, in the case of the western range, Dona Ines — Alto de Varas, all the highest elevations were without difficulty brought into a line, and a simple ascent and descent over a simple pass sufficed to cross the mountains, we have here a mass of about 70 km. in length and up to 25 km. in breadth, between 24° 45' and 25° 26' S. Lat. Bertrand has rightly referred to the necessity, instead of devising " systems " and tracing " chains " {encadenamientos), of first arranging the Andes hypsometrically, and has himself ventured an attempt at such a description, so far as the material at hand allows. The Volcan Lastarria does not even take up the edge of the plateau, which has lakes and depressions up to 4600 m., besides a confusion of plat or sloping summits which seem to flee from one another. What seemed from the front to be a peak or ridge, when seen from the side grows into a regular fortress, which a horizontal bed of lava crowns with No. 113. ( 749 ) an insurmountable breastwork. Only on the east branches off a solid wall, at least from the pinnacle of the Cerro Cabezon, which becomes visible from the Sandon Pass, by the motley bastion-like sulphur peaks, to the dark brown Cerro de la Estrella. The south-east part is unknown to me. (P. 294) It was formerly thought that the various Chacos had to be connected with one another and with the Llullaiyaco : the Sierra Gorbea is a relic of such an idea. But even any connection, from Dona Ines over Cerro Pajonales is inadmis sible. Not only does a deep pass separate the ridge of Pajonales, which is nearly 5000 m. high, from the south-west; the feathered crest-line that points from this mountain in a convex curve over the Morro de la Desolacion to the Gemelos de Azufre (4680 m.) also terminates again here. This is proved by the Laguna Amarilla (3873 m.) and the furrow that winds by the pool Espejuelo to the north point of the Laguna del Plato. The connection of the " Real Cordillera de los Andes," ^u°^d which certainly does not form a chain from Llullaiyaco to 25° 26', causes San Roman some embarrassment in the south. But from Los Morros no other way can be claimed as a summit-line than that which, circling round the Laguna de las Parinas on one of its two sides, and leaving the depression of the Laguna de los Colorados (3950 m.) to the left, runs towards the rugged wall of the Colorados and the two-lipped cone of the same name in 68° 20' W. Long, and 26° 14' S. Lat. It is true that on this trend we find no conspicuous crests, only a few flows of trachyte rolling threateningly like black surf over the crest of Leon Muerto eastwards ; but this tract marks " la linea " for the lungs of beasts of burden, known to every driver here on the old trade-route from Copiapo to Salta. This ideal line is also a climatic boundary : in the interior summer rain and storm ; towards the coast, principally in the winter, snow, hail and storm with an unclouded sky. The Cerro de la Laguna Brava stands Quoted defiantly apart, likewise el Diente and the two peaks of nearly No. 113. ( 750 ) the same size north-east of it, whose triple majesty shuts out the panorama from Las Parinas. From the depression of the Laguna Brava (4075 m.), which runs S.W.-N.E. and retains scanty remains of water only at its most southern end, a deep cutting leads to the isolated and towering Diente. But the Volcan de la Piedra Parada and the nameless one to the south-east of the Laguna de la Piedra Parada (4018 m.) are, as real volcanic mountains, quite as isolated as the Volcan del Agua Negra and the Panteon de Aliste. If the latter is connected by a wide open pass with the Sierra del Agua Helada, and in the north likewise with the Cerro Colorado (de Pedernales to distinguish it from innumerable namesakes), this mere juxta position does not involve any connection. It must at least strike one, that here, as at the Laguna del Cerro Negro (3950 m.), the loftiest elevations come out of the place assignable to them. As elevation and depression in the descriptive sense only illus trate contrasts, it must be easy to construct around each basin Quote^ a ring of mountains which may be connected in many possible p' 9I ' ways. Accordingly it scarcely needs to be proved that the Llullaiyaco is neither a central point nor a directing point, but an absolutely independent mountain, which genetically influences its surround ings far less than it is presumably influenced by them. Even its imposing height leads us to expect this. The Ojo del Llullai yaco (4074 m. above the sea) approaches within 10 km. of its chief summit, and the Zorritas Pass (4604 m.) within 8 km., and yet, according to Bertrand's trigonometrical measurement, the only one which is available and which is by no means too high, it towers nearly 2600 and 2000 m. above them respec tively. It is a single, compact mountain with a chief summit and two minor summits, one S.S.W. of the former and for the most part separated from it by a snow-furrow, and the other and smaller one to the west. Spurs are absent ; only the Sillon de Azufre protrudes northward with three elevations. No. 113. (751 ) (P. 297) A special unit is the volcanic massif of Antofalla, which falls little short of the Llullaiyaco in height, and far surpasses it in bulk. Its broad crest with inward bent jags is oriented in about 310°, and has no continuation on the north and south. Only on the north-east does it seem, through various holes, to approach the three-tipped Sierra de Antofallita, from which it is separated by the Quebrada de Antofalla. In front of the Volcan de Antofalla, but independently developed, on the west side, are the Cerros de Chibarca, de los Patos, de Cajeros, and Botijuelas with its two peaks. Mount Antofalla stands in the angle formed by two large fissures, of which one forms the Salar de Antofalla, also called Rio Salado (3307 m., and over 120 km. long), and the other, stretching over the Lagunas de los Patos (4085 m.), Cajeros (3802 m.), Potrero Grande (3570 m.), and Breas (3519 m.), meets the former in the 68th degree of longitude under 550. Beyond the salares of Antofalla and Arizaro the mountains again arrange themselves with perfect regularity into long ridges running from north to south, with steeply raised strata which also traverse the Salar de Acarzoque (3970 m.) in groups of islands. Isolated among them are eruptive elevations like los Mojones. Easy as it seems to string these ranges into long chains, this task would be difficult in detail unless based on geological study, as Brackebusch very rightly observes. No. 114. ENGINEER FLINT ON THE CORDILLERA AT SAN FRANCISCO PASS. [Extracts from " Proposed Railway Route across the Andes, from Caldera in Chile to Rosario on the Parana, via Cordova, with Report of Mr. E. A. Flint's ¦survey." By W. Wheelwright, in the "Journal of the Royal Geogr. Soc," 1861.] (Quoted on page 924 of the Statement.) (P. 156) THE entire distance from the Pacific to the Atlantic by the proposed route is about 1000 miles which may be divided into the following sections : — Miles. ist. Rosario to Cordova .. .. .. ..250 2nd. Cordova to the eastern base of the Andes or Fiambala .. .. .. .. .. .. 350 3rd. The eastern base of the Andes to the junction with the Tres Puntas Railway . . . . 320 4th. The junction with the Tres Puntas Railway to Caldera . . . . . . . . . . . . 80 »T* ^ ^P T|& TP (Pp. 157, 158) According to the tabular section of our survey from Copiapo across the Cordillera ... it will be seen that the first point at which the gradient begins to assume a serious character is at the junction of the San Andres and Paipote Valleys. . . . Just beyond Maricunga commence the most serious gradients, and a tunnel of more than half a mile in length will be needed to pass from Moreno's valley to the main valley, but the rest of the work to the " Cuesta de los No. 114. (753) Chilenos " will be trifling. To pass the Cuesta another tunnel will be needed on a grade of ioo feet to the mile, and its length, for the purpose of estimating, might be stated at 2 miles. . . . We are now on the central plateau of the Andes. From Laguna Salada to the Rio Lama we rise for 1 8 miles at the rate of 2 feet per mile, and then ... we have a gradient of 619 feet per mile for 3 miles. . . . This heavy gradient has been necessary to reach the plains of Tres Cruces, about 30 miles long and 10 miles broad. We pass through the centre of them over a greatly rolling surface for 10 miles, when we bear more to the eastward for the " Barrancas de las Llamas." These Barrancas are a spur from the Las Llamas mountains, and extend quite across' the plain to the volcanic range on the other side and serve as a barrier between the Tres Cruces and Las Llamas plains. . . . From this point we fall gradually to the Barrancas Blancas and then rise again to Laguna Verde, the level of which I have assumed at 14,921 feet above the sea. Although the road just described is perfectly practicable,, yet a preferable location for gradients, though a more expensive one, could be obtained by keeping more to the north and skirt ing the volcanic range with a gradually ascending gradient and thus overcome part of the rise of the pass of " San Fran cisco." But, assuming that it is necessary to pass the level of Laguna Verde, we then have an average rise to the summit of the Pass of but 66 feet per mile for i6-§- miles. The descending gradient from here to the " Punto del San Francisco" is 180 feet to the mile, but as the location of the railway would be to the north, keeping up along the base of the mountains, an average gradient of 140 feet per mile would be sufficient, while the extreme gradient for overcoming this pass on a straight line, or in other words, the natural rise of the ground, is in no place over 300 feet per mile. From the great width of the pass it is but reasonable to suppose that the gradient could be so> much reduced by location. Y No. 114. ( 754 ) From " El Punto de S. Francisco " to Fiambala we find no impediment, with the exception of the passage of the Angos tura of the " Las Losas " river, where the stream descends rather abruptly for 5 miles. . . . I would call attention to the fact that from the Pass of San Francisco to Copiapd the force of gravity could be used as the motive power, and as the freight would principally be in that direction, the gradients would be less objectionable ; cattle, sheep, and metals always passing down, while the lighter goods and passenger traffic would depend upon locomotive power. tJc vfc 61c1 vfc j/fc (Pp. 160, 161) The Chile Cordilleras are divided into two distinct ranges. In the province of Atacama the first range is distant about 40 miles from the coast, and the second about 140 miles. The intervals between these two ranges are occupied by elevated plains, like that between Chanarcillo and Huasco. The two ranges of mountains form three distinct geological groups : ist. Extending from the sea to the eastern base of the coast range is of the same formation as the Upper Cordilleras. 2nd. From 20 to 40 miles in width lies in the basin formed between the coast range and the Upper Cordilleras and overlies the granitic and igneous rocks which probably extend from the coast to the main range. . . . 3rd. Consists of the tertiary and alluvium deposits which were formed subsequently to the up heaval of the mountain ranges. . . . The Middle Cordilleras are of the igneous formation and generally unstratified. Sul phur abounds and is said to be quite pure. . . . Salt with which Copiapo is supplied, is taken from the Laguna Salada on the east side of the " Portezuelo of los Chilenos," and after five days' journey with mules and one day's cartage, is sold in Copiapo at 250 dollars per 100 lbs. . . . The Argentine slope of the Cordilleras, as far as our journey extended, was very similar in its frontier to that of Chile — of the same igneous character, and generally granitic. . . . The No. 114. ( 755 ) mountains on this slope have been very imperfectly examined for minerals. I was fortunate enough to meet with a " Ca- teador " at " Punto de San Francisco," who was in search of a silver " derrotero," notes of which had been left by the same Spaniard who was acquainted with the existence of " Tres Puntas " and the " Ola." . . . The soil from the Copiapo river to the summit of the Chile Cordilleras is generally sand and gravel, while sufficient earthy matter exists from " La Puerta del Paipote " to " Los Chilenos " to support a scanty vegetation. . . . The plateau of the Middle Cordilleras is covered with sand and gravel, mixed with volcanic stones, more or less silicious. . . . The soil on the Argentine slope is also sand and gravel, the former pre dominating in the valley of the " Fiambala," and is of whitish- grey colour, similar to the sea-beach sand, which gravel is the characteristic of the Valley of ." Las Losas." Owing to the greater abundance of water on the eastern slope, vegetation is quite abundant even at the height of 14,000 feet above the sea. At the Punto de San Francisco we found extensive salt- marshes abounding in grass, while even at the summit of the pass the " cuerno de cabra " furnishes an abundance of firewood of the best quality. No. 115. DR. BRACKEBUSCH'S GENERAL DESCRIPTION OF THE NORTHERN CORDILLERAS. [Extracts translated from an Article entitled " The Passes of the Cordilleras between the Argentine Republic and Chile, from 22° to 360 S. Lat.," in " Zeit- schrift d. Gesellschaft fur Erdkunde," zu Berlin, Band xxvii., 1892.] (Quoted on pages 953 and 957 of the Statement.) Structure of the Cordilleras. (P. 259) To decipher the apparently simple, but really somewhat complicated, orographic al features of the northern part of the Argentine Republic is only possible by studying them geologically ; and, although my previous works in this direc tion only bear the character of extensive exploring expeditions, they have yet provided me with a picture of the Cordilleras which can lay claim to perfect novelty, and will correspond to reality in its main features. For the better understanding of the following I would refer the reader to my new map of the Argentine Republic, which represents the orographical features as I believe I proved them in the main to be on my travels in the years 1875-1888, when I made numerous journeys in all directions. Moreover, in order that the reader may be able to connect the districts extending beyond my map, north of 21° S. Lat., I would ask him to take either the fine map of South America compiled by Kiepert, or Stieler's excellent latest map ; in the latter only the sharp hachuring of the mountains east of Cochabamba disturbs me, as, according to my own convic- No. 115. (757) tion, there is here an undulation with its longitudinal axis fall ing fairly on the meridian-line, so that the whole mountain- system across Suere and Tarija towards Jujuy and Oran (in the Argentine Republic) represents a series of parallel chains pierced in various places by large rivers like the Rio Grande, Pilcomayo, and Rio Pilaya. If we therefore leave out the whole eastern complex of mountains, and imagine, from Oruro, a sharply defined range of heights running along the mountains of Asanaque (5133 m.), Michaga (5300 m.), Chorolque (5624 m.), and C. Granadas (at least 6000 m.) to Nevado Chaco, we have thus the continuation of the eastern Cordillera 1 that runs N.W.-S.E., parallel to the Pacific coast, further north. This (see my map) extends along the Nevado de Cachi, the Cordillera de los Patos, the Nevados del Diamante, the Nevados de la Laguna Blanca, and the Sierra del Tolar (Morado, Colome, Fraile) to Tinogasta, rising again in the south to 4000 m. as the Sierra de Velasco, subsequently, as the Sierra de los Llanos and the Sierra de San Luis, to disappear gradually below the plain. From Bolivia to the Nevados of the Laguna Blanca this great chain is typically Andean, and I shall therefore call it in future the eastern main Cordillera of the north. The western main Cordillera is easily recognized on Stieler's map, running along the entire length of the Pacific coast ; 3 not until north 1 In Bolivia these snow-covered mountains are called Cordillera Real, i.e. the Cordillera proper. See, inter alia, Reck in Peterm. Mitt., 1865, p. 282. Only Reck makes the mistake of translating Cordillera Real by KSnigskordillere (King's Cordillera), to which Tschudi [Reisen durch Sudamerika, v. p. 190) has already called attention. The word real, however, has a double meaning in Spanish, it being derived either from realis or res, when it answers to our word real, or from regalis = royal. Only the first meaning has sense here, with the second the expression has nothing to do. Similarly a good, broad, frequented road is also called camino real, which expression Giissfeldt (see Reise in den Andes, p. 334) also wrongly translates by " royal road " (fig. " great road "). 2 Reck {Peterm. Mitt., 1865, p. 282) calls it Andes-system, and describes its course north of Atacama o Peru, with the passes leading over it. How far the expression Andes familiar to us in Germany is really used in South America, I have not yet been able to ascertain; it is not used in the Argentine Republic, No. 115. (758) of Atacama (at Mt. Mifio, 5520- m.) does it recede somewhat further from the coast, and then runs by Licancaur (6000 m.) Miniques (6000 m.), Llullailaco (6600 m.), Chaco, Bolson, Cerro Bravo, and the Volcan de Copiapo to El Potro ; (the western parallel chain running northward from El Potro to Tronquitos has been recently named by San Roman Cordillera Darwin, and the Cordillera running northward from the Volcan de Copiapo along Maricunga, Codocedo, Cerro Bravo, Dona Ines, Bolson, Chaco, Los Sapos, Varas, and Imilac, the Cordillera de Domeyko ; we regard the section from the Volcan de Copiapo to Mt. Chaco as belonging to the western main Cordillera) ; from El Potro along the Cordillera del Inga, Taguas, Chivato, Bahitos, Deidad, Agua Negra, and Tortolas to the Cordillera del Agua Negra, then to the Cordillera de Dona Rosa ; from here its height appreciably diminishes, so that in summer it is partially almost free from snow ; only when it enters the more southern latitudes, is it again covered with snow in consequence of the rawer climate. At the same time higher isolated cones also occur in it further southward ; it runs along the Cumbre, Tupungato, and Maipii to the Planchon, and is finally broken up in the islands of the southern part of Chile.1 Between this western main Cordillera and the eastern main Cordillera of the north, extends to the Nevados de la Laguna Blanca the so-called great Bolivian Plateau, of which the part south of 23° is now taken possession of by Chile. The expression plateau may, however, give rise to error ; it is by no means a high plain extending between the two main Cordilleras, but we have again here a markedly undulating country with its individual folds striking from S. to N. On the 27th degree S. Lat. this plateau suddenly ends, and breaks where they speak only of the Cordillera. Cf. Stelzner, Beitr. z. Geol. u. Pal. der A. R. I., p. 4, note. 1 From the geological standpoint it is perhaps more correct to take, as the continuation of this Cordillera, the mountain-range running from C. Overo via. the Cerros Bayos, Nuco, Chacay, Minas, Vutamallin and Palauco. No. 115. ( 759 ) up into distinctive single chains. The first is the Sierra del Tolar (on the maps incorrectly called Galampaja, for only a small district bears this name), which we have already men tioned as the southern continuation of the eastern main Cor dillera of the north in its southern course and interruptions ;. secondly comes a chain, generally free of snow in summer, which is composed of argillaceous schists and, beginning at Diablito, extends along San Buenaventura, Palca and Plan- chadas to Cerro Negro, reaches a considerable height (6200 m.} in the snow-covered Famatina, but, as quickly, sinks again, and entirely disappears somewhat south of 30° at Paganzo- (old crystalline schist). By the Argentines the whole chain south of San Buenaventura is not reckoned among the Cordil leras. The next longitudinal range to the west, which is chiefly composed of crystalline schists, begins in the Nevado de San Francisco, runs by the Sierra de Cazadero and the Potrero Grande (west of the Valle Hermoso de Vinchina) to the Sierra de Umango (Humango), and from there via Maz, east of Guan- dacol, to Cerro Raj ado ; it then exhibits more recent strata,. partly Rhaetian, and assumes more the character of a plateau lying against the Famatina range, and running west of Ischi- gualasto to the Sierra del Penon (here again old crystalline- schists), Chaves, and de la Huerta. This chain then almost ceases in the plain, but rises again further south in the Sierras de Guayaguas, Cantantal, Quijadas, and Gigante, and comes to an end in the Alto Pencoso in the plains of the province of San Luis. The whole of this range is also not in the least Andean in character. The next chain to the west begins south-west of the Nevada de San Francisco, runs as a distinctive schist-range through the Nacimientos del Cazadero, Alto Machaco, Cumichango, Leoncito, and Descubrimiento, and breaks up into a whole series of parallel chains, the most eastern of which extends to No. 115. (760) San Juan as the Sierra de Villicum,1 while the main elevation lies in the Sierra del Tigre (it is not quite clear to me whether the isolated range called the Pie de Palo belongs to it, it being probably only a branch of the Sierra de la Huerta), the Sierra del Tontal, and El Paramillo. This complex (called " Anticordillera " by Stelzner, " Pro- " and " Contracordillera " by Burmeister, and " Praecordillera " by Strobel, names which only have a local value, wherefore dis pute as to the preference of one or the other seems to me pur poseless), abuts near Cacheuta, south of Mendoza ; probably, however, it has its continuation in the mountains east of San Carlos, and further on, to the south of San Rafael, in the ranges of the Nevado and Chacha-huen, Anca Mahuida, Sierra Val- cheta, and Sierra General Roca. The whole of this range is also not yet numbered among the Cordilleras. Further west of the Nevado de San Francisco a Cordillera comes from the north (called Cordillera Claudio Gay by San Roman), which, exhibiting at first volcanic rocks, runs along Tres Cruces and Patos, Nevado del Bonete, Estanzuelo, Pefion (from here granite with shreds of clay-slate), and Pastos Amar- illos to the Alto del Cachipaya. West of this chain lies a plateau, which may be traced from the Laguna Brava (which is already reckoned as a part of the Cordillera) for over 500 kilometres southward. The Llanos of the Lagunita Verde, de Santa Rosa, San Guillermo, Chinguillas, Tudum, Tocota, Calingasta, Yal- guaraz, and Uspallata are all only continuations of a large plateau, which is seldom intersected by large rivers — the Rio Blanco, San Guillermo, Palca (lower course of the combined Rios de la Sal and del Valle del Cura), Castafio and Calingasta — which have torn deep beds (canyon) in it. It is covered for great distances with rubble, a few isolated hills rise here and 1 This is what the range is called in San Juan, and not Yillaggun (this name as found west of San Juan), as Wappaeus asserts (Gott. gel. Ang. 1877, p. 534). Cf. Stelzner, Beitr. z. Geol. u. Pal. d. Arg. Rep., i. p. 5, note. No. 115. (761 ) there, and, only where the above-mentioned rivers or their tributaries wind through it, in what are generally very narrow gorges, do we perceive also the real underlying rocks (granite, quartz-porphyry, and palaeozoic and mesozoic sediments). This plateau forms one of the most interesting phenomena of South America, and is also of great archaeological interest, as, over it, still easily recognizable, and in places even paved, runs the famous Inca road which was used by the powerful Peruvian rulers on their journeys to the south. It probably owes its origin to some great tectonic process, the exact explanation of which gives room for further detailed investigations. The studies I have hitherto made in this respect are of course still quite in the early stage, as it had to be my first consideration to determine in its main features the geological character of the mountains lying east and west of it, and to fix also the ^course of this depression, which I shall hereafter call (on account of the Inca road) the Inca Plateau. The northern part corre sponds to the course of the Rio Blanco, which, east of Rodeo, flows through a deep transverse valley to Jachal, and the southern part to the Rio de Calingasta (or Castaho), which likewise breaks through the eastern chain in a steep transverse ravine towards San Juan ; between the two river-systems the height of the plateau amounts to about 2500 m. I have been in both valleys, but have not yet arrived at a final solution of their origin. The Quebrada de Jachal is 20 km. long, and, as the river at its entrance (near the Trancas) lies about 1630 m. high, and at its exit (near Pachimoco) about 1380 m., it has a fall of about 250 m. (average therefore 1 : 80), while the height of the crest of the range it pierces rises to approximately 3000 m. The Quebrada de San Juan, on the other hand, is 30 km. long, and lies 1 300 m. high where the river enters it (Isla), and noom. bigh where it really leaves it near Yoca (the river runs about 30 km. further southward before turning eastward a second lime to break through a fresh range), and has therefore a fall No. 115. (762) of 200 m. or, on an average, 1 in 150 ; the height of the crest of the chain it pierces (the immediate continuation of the above) amounts here to about 3300 m. In neither valley does any eruptive rock crop out (the mountains consist of palaeozoic clay- and graywacke-slate and lime) that could be explained as. the attendant phenomenon of a tectonic breach, as may other wise occur. But the side-valleys descending north and south in both valleys are presumably filled with the same mesozoic strata as constitute, partly at least, the sub-strata of the Inca Plateau. I consider that the latter was formerly glaciated ; the rubble formations still lying upon it are, in that case, re mains of former ground moraines, a view which is favoured by the angular form of the single lumps. The immense glacier overhung where the entrances to the two valleys are, and caused their erosion ; then, as the glacier gradually retired into the high mountains — we shall see that remains of it still exist — a large part of the moraines was carried away by the flowing water through the ravines, and deposited in the form of the large drift-terraces that lie in front of the whole range north and south of San Juan (similarly near Mendoza and further southward. Cf. Stelzner, Beitr. etc. i. p. 285 et seq.). West of the Inca Plateau rises the Cordillera proper, which divides again into an eastern and a western Cordillera. From the range of the Tres Cruces (continuation of San Roman's Cordillera Claudio Gay) the eastern Cordillera of this southern part of the South American highlands, composed principally of Qu°te argillites (partly horn-stone) and granites or porphyries, runs via the Nevado del Veladero (called Vidal Gormaz by San Roman), the Cumbre de las Barrancas Blancas, and Fandango, to the heights of the Brea, Carachas, San Guillermito, Fierro, Salado, Colangiiil, Conconta, Olivares, Ollita, Mainrique, Totora, Ansilta, Aldeco, Espinacito, Tigre and Aconcagua, Picheuta, J aula, Plata, Portillo (East), Cruz de Piedra, and the Iglesia. If we regard the above-mentioned range from Cerro Over a No. 115. (763) to Cerro Palanco as really the continuation of the western Cordil lera, the eastern Cordillera would end at the Rio Atuel. The summit-line of the eastern Cordillera is partially HIGHER THAN THAT OF THE WESTERN OR BOUNDARY CORDILLERA, Quoted v P. 956- WHICH FORMS THE WATER-PARTING. (The king of American mountains, Aconcagua (almost 7000 m.), lies on a connect ing plateau between the two Cordilleras, and belongs to neither of them.) The western or boundary Cordillera we have already dis cussed ; a word more may therefore be allowed regarding" the hydro graphical division of the two Cordilleras. The whole region between the two main northern Cordil leras is undrained ; a great desert, with numerous salt-steppes, lagoons, and sandy plains, extending between the two chains. The character of the depression between the two main southern Cordilleras, which are much closer to one another than the northern ones, is quite different. Here there are only more or less narrow longitudinal valleys separating the two chains, and in these the sources of the larger rivers of the country first unite, to plow either northward or southward, and then in a bend TO BREAK THROUGH THE GREAT EASTERN COR DILLERA IN WHAT ARE GENERALLY INACCESSIBLE GORGES ABOUND ING WITH CATARACTS.1 These valleys are then connected again by cross-ridges, which are probably all passable (my investiga tions in this respect are not yet concluded) and allow an uninter rupted passage, in a longitudinal sense, between the two Cor dilleras. Thus in the north the Rio Blanco flows southward, and unites above Pucha-pucha with the Rio Macho Muerto, which rises at El Potro and, running first southward and then north ward again, passes round the Mogotes in a large curve. Skirt- 1 Unfortunately my way has never taken me through one of these great transverse valleys, they being inaccessible to mules, so that I am not able to make an exact statement regarding their origin. *To. 115. (764) ing the valleys running southward a road leads into the valley of the Rio de la Sal, which, running south, receives the Rio de las Taguas from the south at the Banitos de las Taguas, and the Rio del Valle del Cura, likewise from the south, at Mt. Jarillal, and then breaks through the eastern Cordillera. By riding to the end of the Valle del Cura one can get, certainly with some difficulty, direct into the basin of the upper Rio Castafio. The most southern of the affluents of this river is the Rio Atutia, which at first flows southward, and, after its union with the other headwaters (Rio Blanco, San Lorenzo, San Francisco, and Melchior) breaks through the Cordillera de la Ollita. From the Rio Atutia we can pass again into the large valley of Santa Cruz, not yet explored by me, whose river, flowing south, forms a chief tributary of the Rio de San Juan, after having forced its way through between the snow-covered mountains of Ansilta and Aldeco, as the Rio Colorado. From a lateral branch of this river coming from the south we get into the upper basin of the Rio de los Patos, which again first flows southward, and winds through between Espinacito and Aconcagua. From the southern affluents of the Rio de los Patos we can get, via the plateau of the Mesa del Volcan (east of the independent Aconcagua) to the Rio de Mendoza ; and thence, through the valley of the Tupungato, which comes from the south, into the valley of the Tunuyan, which flows to the south and breaks through the Portillo chain. From southern affluents of this last, perhaps the Duraznito, we shall be able to get to the Laguna del Diamante, from which the Rio Diamante flows southward. Thus it is possible to travel in almost a straight line between two Cordilleras,1 mostly snow-crowned, lying close to one another, from 28° to 35° S. Lat., that is 7 degrees or about 800 km. without finding a human dwelling 1 The peculiar structure of the Cordilleras generally makes it necessary to cross two Cordilleras in order to get from Argentina to Chile, unless it happens, as is the case with the Agua Negra and the Rio Mendoza, that the river-valley through the eastern chain is passable. No. 115. (765) (with the exception of the Punta de Vacas), but always fresh water, wood, and abundant fodder for cattle, and also good shooting (vicunas and guanacos, duck and wild geese). So that we have here a counterpart of the grand Inca Plateau ; both depressions are phenomenal formations of the first rank. In order to find an explanation for the peculiarity of the last-mentioned valleys, I must add a few geological observations. But, as in the following lines, it is not my intention to write a geology of the Cordilleras (a concise survey of these features will accompany my geological map), I shall have to confine myself merely to very general statements ; and, in the same way, I shall also only be able to consider a few geological features here and there in speaking of the passes of the Cordilleras, with out entering into any details. The real western or boundary Cordillera 1 is principally com posed of Mesozoic rocks (sandstone, limestone, and marl), ranging from Rhaetian up to chalk. These strata, which are partially rich in fossils, are interstratified with numerous seams and masses of eruptive rocks ; porphyries, diorites, dioritic por phyries, melaphyres, olivine diabases, and amygdaloids form the older group of them, and these have been followed in later times by augitic and hornblendic andesites, basalts, and in some places also natural glasses (obsidian, pearlite, and pumice). The tufas of these volcanic masses especially form large sections of the western Cordillera. A peculiar place is also occupied among the eruptive rocks by younger granites or diorites, called Andean rocks by Stelzner, who would attribute them to the Tertiary period. But I have come to the opinion that part of 1 The Chilean coast-range consists of old crystalline schists intermingled with older eruptive rocks, immediately above which (according to Steinmann), that is, without palaeozoic strata forming a connecting link, the mesozoic strata to be mentioned hereafter have been deposited. Within the latter large pieces of granite or diorite occur in many places, which, however, have not yet been much examined ; if these do not belong to Stelzner's Andes-rocks, they can scarcely be regarded otherwise than as denuded primitive rocks. No. 115. (766) them still belong to the Mesozoic period ; to go into these matters in the present work would, however, lead me too far. The Chilean geologists, especially Pissis, have advanced the most incredible theories, — theories that, I regret to have to say, fly in the face of all geological facts, as to the age and origin of the great Mesozoic rock-masses. According to them most of the rocks were originally sediments, and are represented by •every geological system from the Cambrian to the Cretaceous. By a great metamorphosis these enormous masses were then converted into new formations. Thus the notorious stratified porphyries have been introduced into literature, and have con tinued to haunt it. Even older authors, especially A. Philippi, have repeatedly shown how far-fetched and monstrous this theory was, and have sharply criticized the so-called geological map by A. Pissis, who, with a boldness that is quite astounding, draws geological lines between Palaeozoic, Dyassic, Triassic, Jurassic, and Cretaceous strata within sedimentary and erup tive rocks of exactly the same kind and age. But Stelzner was the first to throw the right light on the subject ; unfortunately it was not granted him to continue the investigations he had begun so brilliantly, he accepting a summons to Freiburg to escape difficulties that had arisen in the country. The most important work on these matters we have still to await from Steinmann, who, after taking part in the German Transit of Venus Expedition in South Chile, devoted himself for some time to geological studies in the Cordilleras of Chile and Bolivia. On the other side (east) of the great longitudinal valleys between the two Cordilleras of the south, the place of the Meso zoic series of strata is taken suddenly, and without a trace of them having hitherto been found westward, by Palaeozoic rocks, which, interstratified with granite and quartz-porphy ries, and not infrequently metamorphosed into horn-stone, extend from the Bolivian plateau, and have the principal share in the composition of the eastern Cordillera of the south, the No. 115. (767 ) branch-chain following it eastward, and the sub-stratum of the great plateau between them. Then follow, lower down, old crystalline rocks (principally gneiss and older granites, but, between them, also isolated Palaeozoic formations), which, likewise extending from Bolivia, form a part of the mountains called by me the eastern Cordil lera of the north in Argentine territory, and have the chief share in the composition of the lower mountains further south, which rise abruptly from the plains of Central Argentina. In numerous places these old crystalline and Palaeozoic formations are overlaid by Mesozoic strata, whose age has not yet been determined, owing partly to the absence of fossils. East of the Archaic groups of strata there lie, in the northern part of the country, further great Palaeozoic formations, which again give way, in their turn, to later Mesozoic (probably for the most part Cretaceous) deposits. If we now return once more to the eastern main Cordillera •of the south, we have first the striking phenomenon that, from the beginning of the great valleys (south of 28° S. Lat.) not a Mesozoic deposit has yet been observed within the region of the Palaeozoic strata with their interstratified granite and quartz-porphyry (the west slope of Espinacito, where Stelzner found Jurassic fossils high up the pass-summit (4400 m.), lies already west of the granite limit) ; only at the foot of the Cor dillera, at the western edge and in the sub-strata of the great Inca Plain, do they appear, and they may then be traced eastward as far as mountains exist. But here a second striking phenome non comes to light; whereas the Mesozoic formations occurring west of the eastern Cordillera teem with marine conchylia, in the eastern Mesozoic deposits not a trace of them has yet appeared ! I think that these facts give us the key to the formation of the southern part of the continent. At the end of the Archaic period, Chile and the western Cordillera formed dry land, while its west coast began to be washed by the Palaeozoic sea. From No. 115. (768) the end of the Palaeozoic period, the present eastern Cordillera of the south formed the west coast of South America, west of which lay a long chain of islands (similar to the islands of South Chile). The present western or border Cordillera was, in Meso zoic times, submerged under the ocean (a few granite islands. may have stood out of it). By some tectonic process the western or border Cordillera gradually rose (to a height of over 5000 m.),, but the old coast left its traces behind in the high mountain- valleys above-mentioned. The greater part of the rest of the Argentine Republic remained dry land. In the Tertiary period, part of the land (the southern Parana basin and East Pata gonia) begins to disappear beneath the ocean ; this is proved by the occurrence here of marine Tertiary formations, which have only been observed here, and nowhere in the interior as yet. When these districts rose from the ocean again they offered the present features of the coast of the Argentine Re public. No. 116. VARIOUS DOCUMENTS RELATING TO THE DOUBTFUL DOMINION OVER THE "VALLE DE LOS PATOS." [Translated from " Memoria de Relaciones Exteriores de la Republica Argen tina" 1875.] (Quoted on pages 1010-1012 of the Statement.) Enclosure A. From Senor Tejedor, the Argentine Minister for Foreign Affairs, to the Governor of the Province of Mendoza. Buenos Aires, April 13, 1874. Mr. Governor,— (P. 193) I have received your communication of the ist inst., with the documents adjoined. It appears from them that the toll collector in the Cordilleras, D. Pablo Lopez Montoro, was seized in the valley of los Patos by an order which the Sefiora Dona Paula Sotomayor, widow of Sefior Rosas, gave to her peones ; and on the following day, after the first stage, he met a body of the police of San Felipe de Aconcagua sent by the Governor of Chile by whose order he and his peones were taken to San Felipe jail on Friday, February 27, and placed under the jurisdiction of the judge of the Department. Montoro himself adds that, on consulting a lawyer, the latter advised him to ask for a copy of the written allotment by auction, " as the title is not sufficient, on account of the ' Valle 769 z No. 116. ( 770 ) de los Patos del Sud ' not being demarcated therein — that being pf*°on the place where he was apprehended — as it is said to belong to the Republic of Chile, and as these declivities run {estas caidas corre) towards San Juan I believed to have the right of situating myself there." It is incomprehensible, Mr. Governor, why the said pur chaser, having been imprisoned so long at San Felipe de Acon cagua, and having been advised by counsel, has not during all this time addressed the statement of facts to the Argentine Minister at Santiago nor sought his protection. It is also in comprehensible why the title should not include the point of the " Valle de los Patos al Sud " — where the purchaser thought it advisable to station himself for the collection of taxes — if this point was really Argentine territory. Nor are we informed, lastly, who the Senora Dona Paula Sotomayor, widow of Sefior Rosas, may be — whether Argentine or Chilean — nor whether the settlement, the peones of which were employed for the first attempt, is situated on Argentine or Chilean ground. This Office needs all these data to draw up the suitable claim, if there be occasion for such, adopting all means that may be to the point ; but I may now beforehand warn you that once the territorial rights of the Republic are unquestion ably proved, or the exercise of its jurisdiction, unresisted for some time back, it is its right and duty to respect all such, even though exercised by force, reporting thereon immediately. (P, 194 ) I should also say that on this same date a copy of the whole is being sent to the Argentine Minister in Chile in order that he may, on his side, obtain a thorough knowledge of the facts reported, and may act in conformity with what he may discover, in any case protecting the purchaser against any undue abuse or severity. I have, etc. C. Tejedor. No. 116. (771 ) Enclosure B. From the Governor of Mendoza to the Argentine Minister for Foreign Affairs. (P. 195) Mr. Minister, — ¦ I have had the honour to receive Your Excellency's note •dated the 13th inst., respecting the documents which I thought it my duty to forward to you regarding the imprisonment of Don Pablo Montoro. At the same time I also received another note on the same matter from the Minister of the Argentine Legation in Chile, asking for the data in my possession which might establish the fact of a violation of our territory. To the latter I have replied in a note, forwarding a copy of the proceedings on account of the auction of the taxes levied by Montoro, wherein are set forth in detail all the points of the ground included in the purchaser's right ; as to the acts which have taken place, I referred to the documents which I sent on to Your Excellency and which you inform me you have for warded to the Minister of the Legation. Montoro had invoked the latter's protection, but this passed unheeded owing to the fact of his being a Chilean citizen, and owing to the Minister's being unaware of the truth as regards the occurrences alleged. The Senora Sotomayor is a Chilean, but the establishment of her residence {estancia) is comprised, in great part, within Argentine jurisdiction, and consequently subject to all charges of a municipal character which are levied on the rest of the Province. The boundaries of this Province with the Republic of Chile Quoted p. ioir. have always been acknowledged along the line which separates the courses of the waters, the contrary never having been ad vanced : indeed the Chilean Tribunals, having cognizance of a .sentence pronounced in a case of smuggling, saw reason to lay No. 116. ( 772 ) down that it had not been committed, as the accused had not trodden on Chilean territory, being in the Valley de los Patos, just where Montoro was seized, according to the information of this Government. With the antecedents now in the possession of the Minister of the Argentine Legation in Chile and the others which he may obtain from our Consul at Los Andes, I believe he will be enabled to draw up a protest in this case. I have, etc. Manuel J. Gomez. Faustino Espinola. Enclosure C. Decision of the Chilean Tribunal. (P. 198) Summary of the inquiry to investigate concerning the trespass of several Argentine subjects at the place called " Los Patos del Sud," in Chilean territory. San Felipe, April 16, 1874. It results from the inquiry that Don Pablo Lopez Montoro and eight other persons were seized at a spot in the Cordillera known by the name of " Los Patos," by several farmers who thought themselves in danger of losing their animals which grazed upon the said ground, on account of their refusal to pay the undue tax which Lopez claimed from them, entitling him self purchaser by auction of a tax authorized in the province of San Juan, threatening them with the transference to Argen tine cities or towns of the animals affected by the tax. All these persons were handed over by those who seized them to the Commandant of Police of this department, who by order of his superior came in aid to the Chilean farmers who had their animals in this neighbourhood, the administration referring the case and the prisoned delinquents to the ordinary tribunal. No. 116. ( 773) (P, 200) Considering that, even if it were certain that this land {to the west of the Cordon del Espinacito, the most elevated of the Andes as stated by those who effected the seizure) be longs to Chilean territory, and that Lopez crossed the fixed boundary to recover the toll for which he had authority, his only fault consisted in his having exacted the payment of a tax unauthorized by Chilean law, the single and only one which can warrant it within our territory : a fault which has been alleged as the legal ground for the arrest of the tax-gatherer and his companions on the presumption of fraud therein in volved, there is no occasion for the imposition of a punishment, seeing that there is no proof that any of those who were re quested to pay actually did so. Enclosure D. Decision of the Supreme Court of Chile. Santiago, March 1, 1874. (P. 201) From the case it appears that Lopez Montoro purchased by auction in the province of San Juan of the Argen tine Republic, a right to collect a tax called " de piso," which included the department of Calingasta, in which he contends that the place where the cattle graze is situated. It is further set forth in the same case that this point is part of the Chilean territory, and belongs as landed estate to Chilean individuals who have constantly kept their animals there without any tax ever being collected from them. (P. 201) Considering that the territory where the cattle ^u°^ were grazing was reputed as Argentine by the defendants, and as Chilean by the witnesses who have given evidence in this cause, and that there is no need for the court to pronounce on this matter in view of what is set forth in the foregoing, it is declared that there should be a suspension of proceedings in this case, the accused being set at liberty and the bail offered No. 116. ( 774 ) by them being remitted. Let the Supreme Government be made acquainted with the documents concerned in these ante cedents respecting the tax called " de piso," and which it was sought to carry into effect on Chilean property. The sentence delivered on April 16th last is confirmed in so far as it conforms to the present. Montt.— Barriga. — Valenzuela. — Reyes. — Prats. Enclosure E. Information of the Provincial authorities of San Juan {Argentine Republic). (P. 202) Your Excellency, — It is a fact reported more than once to the Government, and repeated yearly, that there are introduced from the Republic of Chile to the great farms and pasture grounds which this Province owns, from the very centre of the Andes as far as its lowest valleys, including Los Patos and others, thousands of animals — cattle, horses and mules — which are wintered 'there, and they prepare them to pass over for sale at a suitable season in the Chilean markets : though their owners, rich farmers of that Republic, neither contribute nor have ever contributed any of the taxes and dues of a municipal character which, by the existing laws of the State, are demanded from them, and which the rest of the merchants, farmers, and winterers pay. And there is no reason nor ground, Your Excellency, to warrant the abandonment of this portion of tribute of which the State is greatly in need, all the more that this abandonment has injured and is injuring the Argentine winterers and farmers who religiously pay the tax for this same privilege. No. 116. ( 775 ) Enclosure F. Appointment of a Commission of Inquiry. " Hacienda and Formento " Department. San Juan, October 7, 1873. . . . Senores Don Fernando Cano and Don Martin R. Sanchez are hereby commissioned, under the presidency of the " Subdelegado " of the Department of Calingasta, for gathering all the necessary information as to the points indicated by the Fiscal Procurator, etc. Gomez. Abel Quiroga. Enclosure G. Report of the Commission. San Juan, December 5, 1873. (P. 204) To the Minister of the Home Department. The undersigned, in compliance with Your Excellency's note dated October 8 last, and in view of what is set forth by the Procurador Fiscal in his judgment addressed to the Govern ment, proceeded to draw up the statistical report with the gentlemen nominated by the Government, D. Vicente Lima Sambrano and D. Manuel Poblete, as follows : — By the gap of " Los Patos del Sud " and other gaps leading to the same valley, these wintering places being the property of the heirs of D. Juan Rosas, they introduce about four or five hundred head of cattle, as well as horses, mules and oxen. We regard this as a minimum. Further north are the gaps of Iyapel, Cagoti, and other entrances which give access to the streams {vertientes) of Santa Cruz and the wintering grounds of Donoso, fields belonging to the Senores Villarruel and Cortes by which gaps these gentlemen introduce their droves which amount, more or less, to the number of 800, including horses, cattle and mules, but more horses than cattle, and the sheep No. 116. (776) may reach a thousand head, including those introduced by the tenants of these same fields. To the north are the gaps of the Rio Grande, Zapallar (otherwise Mostasal), Rapel and Hurtado, and they give access to the Valle Hermoso and Patillos {other wise Patos del Norte) belonging to the Senores Cortes. By these gaps are introduced about a thousand head of cattle, mules and horses : the sheep which likewise pass may amount to a thousand head. The importation annually made by the Chileans to the wintering grounds of this side, the number which is introduced equals that exported. There is not the same amount introduced every year, Your Excellency, for when in Chile there is rain or snow on the Cordilleras, the Chileans do not bring their droves to this Argentine district, because then the fields on the Chilean side are provided with pasture. This is all the information we can give the Minister, believing that we have estimated fairly closely the fixed number of droves that pasture on the fields of the Cordillera in this Argentine zone. We hope the Minister will kindly bring this before His Excellency the Governor for his information, and with a view to such measures as may be advisable. Meanwhile we have the honour, etc. J. Abelardo Lopez. — Vicente Lima Sambrano. — For my father, D. MANUEL POBLETE. Enclosure H. From the Argentine Plenipotentiary at Santiago to the Chilean Minister for Foreign Affairs. Santiago, June 2, 1874. (P. 207) Your Excellency, — The Government of the Province of San Juan has lately complained to the National Executive of an act of violence committed by the Chilean authorities on its territory. No. 116. ( 777 ) More ; than once the Government of San Juan had received reports of the fact that year by year there were introduced into the pasture-grounds which the Province possesses in the valleys of the eastern slope {fold a) of the Andes down to the lowest, including that of Los Patos, thousands of animals — cattle, horses and mules, which winter therein — with the object of bringing them to, and selling them in the markets of this country at a suitable time, without their owners, rich Chilean farmers, having ever paid any of the taxes which are paid there in conformity with the existing laws. As that Government wished to put an end to this abuse, after consulting the Procu- rador Fiscal, on October 7 of last year it nominated a commis sion of the inhabitants of the department of Calingasta in order that, under the presidency of the Sub-delegate, it should collect information as to gaps of entrance, and accesses of the farms, the number of persons concerned in the said introductions, the approximate amount of animals, and all the other data necessary as regards the receipt of the tax laid by law on this branch of industry. In view of the Report presented by this Commission re specting the cattle which are introduced and exported by the gap of Los Patos al Sud, and others situated further north, and after calculating the amount of the tax applied to the farms in question, the Government of San Juan decreed that from January ist of the present year the tax " de piso " should be put in force without any exception, and that the amount to be recovered in the Department of Calingasta should be put up to auction, at which D. Pablo Lopez Montoro was the highest bidder. When this gentleman, in the exercise of the right which he had acquired, went to collect the said tax in the places men tioned, he was seized by armed bodies coming from Chile, and taken to the jail of San Felipe, where the proceedings took place of which Your Excellency is doubtless aware, and which No. 116. (778) ended in the release of the said Montoro and of the peones accom panying him. On my Government becoming acquainted with these facts, it could not but regard them as a violation of Argentine terri tory, inasmuch as the Valley de Los Patos is situated to the Quoted east of the water-parting line in the Cordillera de los Andes , and it has instructed this Legation to address Your Excellency requesting you to be good enough to give instructions which will guard against the repetition of similar abuses in future. Being confident that Your Excellency will think fit to accede to this just desire, I avail myself, etc. Felix Frias. Enclosure J. The Argentine Minister in Santiago to the Argentine Minister for Foreign Affairs. Santiago, June 15, 1874. (P. 209) Your Excellency, — I have the honour to inform Your Excellency that the Chilean Minister for Foreign Affairs under date the 8th inst., has acknowledged the receipt of the note which I addressed to him on the 2nd inst. protesting against the proceedings taken by the Chilean authorities against D. Pablo Lopez Montoro (the highest bidder for the taxes) in the Province of San Juan, and he has replied that, in the absence of complete information as to the previous circumstances necessary for the formation of a sound judgment on the matter, he is unavoid ably compelled to delay the reply which he will give to the above-mentioned note. God protect Your Excellency. Felix Frias. No. 117. ORIGINAL PROPOSAL OF THE CHILEAN COMMIS SIONER FOR THE DELIMITATION BETWEEN 31° 40' AND 32° 32'. [Extract translated from the Annual Report of the second Chilean Sub- Commission for 1898.] (Quoted on page 1017 of the Statement.) Enclosure A. Excerpt from the Report. On May 9 I received from Santiago a communication from the Argentine Assistants in which they accepted the carrying out of the Demarcation in the Passes and Gaps of Colina, Nieves Negras, Piuquenes, Tupungato, Pircas, Navarro, Bermejo, and Iglesia, withholding their reply as to the landmarks of the western Gap of Rio Bayo and the Maipo Pass till they were joined by the Assistant, Senor Martinez, entrusted with the examination of these points. They further proposed four points as boundaries : the Porte zuelo del Morado, that of Potrero Escondido, that of Contraban- distas, and Contrabandistas Pass. According to the data men tioned by them, these points would be found in the line of summits which divide the waters of the Argentine River Men doza from those of the Chilean rivers, the Maipo and the Acon cagua, and consequently the Sub-Commission under my charge at once accepted this proposal, though probably the four points are not connected by triangulation. In this same note the 779 No. 117. (780) following twenty-eight new points were submitted for considera tion to the Argentine Commission : Paso de Leiva. Paso del Rubio. Portezuelo de la Quebraba Honda. Paso de Valle Hermoso. Portezuelo de Longomiche. Paso de la Honda. Paso de Ortiz. Paso del Golpe del Agua. Paso de las Llaretas. Portezuelo de Quebrada Fria. Paso de Quebrada Fria. Portezuelo de Quebrada Grande. Portezuelo de las Lagunas. Paso de los Teatinos. Paso de la Laguna del Pelade Paso de las Gredas. Paso del Mercedario. Paso de las Ojotas. Portezuelo del Yunque. Portezuelo de la Rinconada del Yunque. Paso de Alitre. Portezuelo de Alitre. Paso del Bonito. Paso de Mondaquita. Paso de Cerro Blanco. Portezuelo del Pachon. Paso de las Pelambres. Paso de las Puentecillas. On May the 14th, the chief of the Argentine Sub-Commis sion, Mr. Stegmann, answered, saying that, as Senor Gramondo was at Mendoza, it was impossible for him to give an official No. 117. (781 ) reply as to the placing of landmarks. From the data com municated verbally to the undersigned a few days afterwards, it seems to follow that the Gap of the Potrero Escondido, pro posed by them, is no other than that which we have called Gap of the Laguna del Inca, and that the point fixed by our triangulation in the Gap of Lomas Coloradas does not coincide with any of the points proposed by them, and consequently it falls to us to propose it. In conclusion there are 30 points on which the Argentine Assistants owe us a reply. The material demarcation of the points accepted will be carried out shortly, after which the respective Acts will be drawn up. Enclosure B. Communication of the Argentine Commission. Santiago, May 14, 1898. Senor Luis Riso Patron. Dear Sir, — I have had the pleasure of receiving your note dated the 12th inst., addressed to me and to the Assistant of this Commis sion, D. Ernesto Gramondo. The latter being absent at Mendoza, / cannot at present give an official reply as to the placing of the landmarks which you propose to us. Moreover, until the Assistant, Senor Mar tinez, supplies us with the requisite data concerning the land mark of the western Gap of Rio Bayo and others, which are necessary for the drawing up of the Supplementary Acts referred to by you — and on which this gentleman has been engaged — we are unable to deal with these matters. I have, etc. Adolfo E. Stegmann. No. 118. E. A. FITZGERALD ON THE ANDEAN BOUNDARY. [Reproduced from " The Highest Andes," London, 1899, pp. 377-383.] (Quoted on page 1020 of the Statement.) When in South America we frequently found, on both sides of the Andes, indications of the dispute that has continued so long between Chile and the Argentine Republic on the boun dary question. The controversy has at length entered on what every one trusts will be its final stage. It has been laid for decision before Her Majesty the Queen as arbitress, and at the moment when I write, commissioners from both Republics are in London, for the purpose of presenting their case. The dispute has been going on for many years, and has more than once brought the two States to the very brink of war. It depends upon two main issues — the true configuration of the mountainous part of South America between the acknow ledged territory of the Republics, much of which has still been most imperfectly explored, and the precise interpretation to be put upon the terms of existing treaties. The difficulty has really been pending ever since the independence of those coun tries was recognized by Spain. In the old days when both alike were governed from Madrid, it was understood that all terri tories to the east of the Andes were under the control of the Viceroy of Buenos Aires, all territories to the west under that •of the Captain-general of Chile. In the settled parts of the No. 118. (783) country the great mountain chain was supposed to be a suf ficient boundary, and as the immense district of Patagonia was still unsettled and even untraversed, the necessity for a strict settlement of limits there was unfelt. When the southern part of the continent had been divided between two independent powers, rivalry between the authori ties of Buenos Aires and Chile naturally became much keener, and the extent of their jurisdiction required to be more definitely fixed. The gradual opening up of Patagonia made the question more acute. Both parties could claim with some plausibility to be the successors of Spain in that region. And as it came to be recognized that Patagonia was by no means an inhospitable waste, but a territory of value and ready for settlement, each country was naturally anxious to secure for itself as large a portion of this debatable land as possible. For many years the controversy lingered on ; one draft treaty after another being proposed and rejected by either side. A general agreement, however, was worked out, under which the superior claim of the Argentine to much the greater part of Patagonia was recognized ; while, on the other hand, the possession of the Strait of Magellan was secured for Chile. Considering the immense importance of the Strait in the com munication between Valparaiso and Europe, this was a claim which the Chileans could hardly have given up without war. In 1 88 1 a treaty between the two Republics was signed at last, after negotiations carried on on their behalf by the American Ministers in Santiago and Buenos Aires respectively. This Treaty of 1881 is the classical document in the case. Under its provisions the boundary between Chile and the Argen tine down to the 52 nd parallel — a point a little north of the Strait of Magellan— is stated to be the Cordillera, i.e. the chain of the Andes. On meeting the 52nd parallel, the boundary is to turn almost at right angles and run about due east and west to Point Dungeness, where the Strait enters the Atlantic. No. 118. (784) Tierra del Fuego fell to Chile, except the Atlantic coast of the island, which was reserved, with a small strip of territory behind it, for the Argentine. Chile was not to fortify the Strait, but it was to remain open to the flags of all nations for ever. Finally, it was provided that each country should appoint a commissioner by whom the boundary should be marked out on the spot, all disputed points being referred to the arbitration of a friendly Power. After the lapse of eighteen years, however, the boundary still remains unmarked. The treaty, which was supposed to have settled everything, became one of the most disputed docu ments in recent history. So much ingenuity and perverted acuteness have been applied to its interpretation that the problem with which, it deals remains as perplexing as ever. When two countries are separated by one of the highest mountain chains in the world, and both have agreed that the mountains shall be their boundary, it would appear at the first glance that no further difficulty could arise. It is accepted on both sides that the dividing line is the Cordillera of the Andes, or rather in the Cordillera of the Andes. But in fixing a frontier in a range of mountains, two principles can be fol lowed which may give very different results. In the first place the boundary may be fixed at the water-parting, all rivers on one side, with their tributaries, being assigned to one country, all those on the other side to the other. Every stream that rises on the Andes, every drop of water that falls on their slopes, finds its way ultimately to the Atlantic or the Pacific ; and even at the highest well-springs there can be no doubt in an explored country as to the direction it takes. On the other hand, the boundary may be fixed by the highest ridge, or, where there is a succession of isolated peaks, by an imaginary line joining their summits. Naturally it may easily happen that in a mountain range these two lines coincide, the ridge where the waters divide and the highest ridge of all being in fact one and No. 118. (785) the same. In the Andes, however, this is not the case. The highest summits are not upon the water-parting : the water divides on its way to the Pacific or the Atlantic at a lower range some distance to the west of that which attains to the greatest elevation. Aconcagua is not on the water-parting, but stands wholly and entirely to the east of it. The streams that are fed from its western side do not continue in that direction to the Pacific, but, curving round the base of the mountain, they fall into the Rio Mendoza or the Rio de los Patos, which both flow downward through the pampas of the Argentine. Thus the melted snows of Aconcagua have their destination in the Atlan tic, and not a drop of them ever enters the Pacific. The water shed is actually at the much lower elevations of the Cumbre and the Boquete del Valle Hermoso, while the highest peaks stand to the east of the ridge that divides the waters in the district between Santiago and Mendoza. As we go farther south the relationship changes. The highest ridge of the Cordillera trends towards the Pacific, and the water-parting changes to the other side. In the far south the parting of the waters is somewhere in the lower and central lands, as yet imperfectly explored, of Patagonia, whilst the summits that attain the greatest elevation are close to the western shore of the conti nent, and some are even said to be upon the islands off the coast. According to Sefior Moreno, the Argentine Expert, " it is shown in an irrefutable manner that in latitude 52° S. the Cordillera of the Andes sheds all the water from its slopes into the Pacific." It is needless to say that in these regions the Andes have been broken into a number of isolated mountains, sometimes divided by arms of the sea, between which the rivers coming down from the interior have no difficulty in flowing. The difference of opinion that divides the representatives of the two countries may now be briefly stated. The Chileans stand out for the water-parting, the Argentines for the line of highest summits. The frontier proposed by the former, " leaves AA No. 118. (786) within the territory of each of the two nations, the peaks, ridges or ranges, however elevated they may be, which do not divide the waters of the river systems belonging to each country." Aconcagua thus belongs entirely to the Argentine, as although it is the highest mountain on the continent, it stands wholly within the Argentine river system ; whilst the lofty mountains on the Pacific coast to the south would fall completely inside the Chilean territory. The boundary claimed by the Chilians "is no other than the natural and effective dividing line of the waters of the South American continent." This principle would give to Chile a very much larger share of Patagonia than a division according to the line of highest summits would do. The latter would leave to Chile little more than the coast line of the Pacific. But by adopting the water-parting as the frontier, Chile would be entitled to the complete river basin of every stream emptying into the Pacific, right up to the re motest source of its tributaries in the heart of the continent. By adopting the highest mountain line, on the other hand, the Argentine Republic would become possessed of the greater part of these river basins, and in places would push Chile right back to the Pacific itself. It is stated by the Argentine explorers that in some parts of Patagonia the water-parting is excessively indistinct. Streams change their courses, says Sefior Moreno, and flow now to the Atlantic and now to the Pacific. In the flat land in the heart of Patagonia, rivers frequently form new channels. A heavy storm, or a flood which washes away an old gravel bank or piles up a new one, will divert the drainage of many square miles of territory from one ocean to the other. In one instance, Senor Moreno found that a river which formerly flowed east ward, had now taken a westward direction, but by employing the labour of his party for about a week, he diverted it into its old channel, and sent its waters down once more through Argentine territory to the Atlantic. No. 118. (787) A boundary fixed by the highest summits would, however, present many difficulties. It would upset what in the central districts has long been the acknowledged frontier. The ridge of the Cumbre is accepted as the boundary by every one who crosses the pass ; so is the Boquete del Valle Hermoso, farther to the north, where another pass road crosses the mountains. Between the province of Mendoza and Chile the frontier is perfectly well-known and established, and that frontier is the water-parting. Accept the principle of highest summits, and everything is thrown into confusion. The boundary shifts from the Cumbre to the top of Aconcagua. But it is by no means obvious how it is to run from there. Clearly it must also pass over the top of Tupungato. Yet it is less certain how the line shall be drawn. As Aconcagua and Tupungato are the highest points in the neighbourhood, it might be argued that the boundary should be a mathematically straight line drawn between their summits. But then Juncal, though not so high as either, is undoubtedly one of the " highest crests " in the Andes. Should not the line be deflected at an angle, on its way from Aconcagua to Tupun gato, so as to touch Juncal as well ? And if Juncal, why not also Torlosa ? Everything depends upon the definition of high est summits. It seems hardly possible to fix a height in feet or metres above which a summit shall count for the purposes of delimitation, and below which it may safely be ignored. And according to the list of highest crests which any one may choose to draw up, the boundary might be shifted indefinitely, and made to go through a curious variety of bends and loops, zig zags and tacks. The highest peaks of the Andes have not been arranged by Nature in a neat line running north and south. They occur irregularly, some on one side of the main ridge, some on the other. Their heights have been determined only in a few No. 118. (788) cases. When two mountains of an approximately equal height stand near together, it is difficult to say which shall be selected for delimiting purposes. A great number of trigonometrical measurements must first be undertaken before such questions can be settled. It may also be remarked that a frontier so arranged would present quite an artificial character when applied in the valleys, where, and not among the mountain- tops, a definite boundary is needed. It is easy for every traveller and arriero to understand that up to the ridge of the Cumbre the Cuevas Valley is Argentine territory, and that the slopes on the farther side of the Cumbre are Chilian ; that the Valle Hermoso, through which flows an Argentine river, the Rio de los Patos, is Argentine, and that the crest of the Boquete del Valle Hermoso, where one begins to descend towards the Pacific, is the point beyond which Chilian soil also begins. According to the theory of highest crests, many valleys would be divided between both countries, and in order to determine the point of demarcation, it would be necessary to find tbe highest moun tains on each side and observe where the valley is intersected by an imaginary straight line drawn from one summit to the other. The natural geographical difficulties presented along the borders of the two Republics are considerable, and demand very discriminating and impartial treatment. They are as nothing, however, when compared with the complications which diplo matic subtlety has contrived to pile up. The Treaty of 1881 is the most authoritative document in the case. When Chile in sists on the water-parting as the boundary and the Argentine Republic claims the line of highest crests, each side professes to do no more than interpret the Treaty according to its obvious meaning, and the intention of those by whom it was signed. It might be supposed that an instrument so variously construed was one of some ambiguity. Yet to any one approaching it for the first time without prepossessions, its purport seems unmis- No. 118. (789) takable. The important and vital words of the first clause may therefore be quoted literally from a translation of the docu ment which lies before me. " Clause 1 . — The boundary between Chile and the Argen tine Republic is from north to south, up to the fifty- second parallel of latitude, the Cordillera of the Andes. The boundary line within these limits shall pass along the highest crests of said Cordillera which divide the waters, and shall pass between the slopes down which the waters flow on the one side and the other. The difficulties which may arise owing to the existence of certain valleys formed by the bifurcation of the Cordillera, and in which the line dividing the waters may not be clear, shall be amicably settled by two Experts, one to be named by each party." It will be observed that the Treaty does not merely speak of the highest crests. The words expressly are — "the highest crests of said Cordillera which divide the waters}' Aconcagua is the highest crest in the Cordillera, but it does not divide the waters. Therefore it does not come within the class of summits contemplated by the Treaty. As if to make matters absolutely definite and final, the Treaty adds that the frontier " shall pass between the slopes down which the waters flow on the one side and the other." This seems quite explicitly to exclude the Argentine interpretation. In the telegrams exchanged at the time when the Treaty was concluded, by the American Ministers whom both parties had authorized to conduct the negotiations, it was also stated that " the boundary between Chile and the Argentine Republic shall be the divortia aquarum of the Cordillera of the Andes up to the fifty-second parallel." It should be noticed, however, that in such expression the term divortia aquarum does not stand alone. It is always spoken of as the divortia aquarum of the Cordillera of the Andes. It would appear that in the extreme south of the No. 118. ( 790 ) continent, the water-parting and the Cordillera of the Andes are two distinct and separate things. The parting of the waters lies in the lower ground inland, while the Cordillera runs nearer to the western coast, and does not really part the waters at all. The Chileans therefore, abandoning the strict reference to the mountain chain, take their stand upon the water-divide in opposite directions for the Pacific and Atlantic, that was con templated as the boundary in the Treaty of 1881. They stand upon " the natural and effective dividing-line of the waters of the South American continent." The Argentine incline to ignore the water-parting altogether, and hold fast to " the Cor dillera of the Andes." In the discussion between the Experts of both countries which took place at Santiago in September' 1898, the Argentine representative laid down these princi ples : — (1) That the general line which he proposes to his col league is wholly comprised within the Cordillera of the Andes. (2) That in its entire extent it passes between the slopes which descend on one side or the other of the main range. (3) That he considers the said main range is constituted by the predominating edge of the principal and central chain of the Andes, considered such by the first geo graphers of the world. (4) That the principal chain is the most elevated, the most continual, with most general uniform direction, and its flanks shed the largest volume of water, thus presenting the conditions established, both by the Treaty of 23 rd July, 1 88 1, and the Protocol of ist May, 1893, to constitute, with the crest line of its slope, the general frontier line between the Argentine Republic and the Republic of Chile. In this declaration it will be observed how carefully the No. 118. (79O question of the water-divide is hidden out of sight behind " the predominating edge of the principal and central chain of the Andes." On the same occasion the Argentine representative used words even less easy to reconcile with the Treaty of 1881. " At that time," he said, " the general watershed of the Cor dillera was considered inseparable from the latter' s central or prevailing chain ; and the crest thereof — that is to say, the snow-capped chain of the historians and geographers of all times — was for the signatories of the Treaty of 1881, and for those who accepted it, the only international boundary ; al though they knew that the chain was crossed, not only in one but in several cases, by rivers having their sources to the east of the same." This statement, an ardent Chilian might almost say, is not the interpretation of the Treaty : it is a repudiation of it. Edw. A. Fitzgerald. No. 119. COLONEL OLASCOAGA (ARGENTINE) ON THE EASTERN CORDILLERAS. [Translated from Extracts of " Memoria del Departmento de Ingenieros Mili- tares'-'- etc., Buenos Aires, 1883.] (Quoted on page 1038 of the Statement.) Description of the Territory Traversed. (P. 8) First of all I will give you, according to the route followed, the topographical description of the territory explored by the Commission. Starting from the town of Mendoza southwards, the general or dominant configuration of the Andean territory is soon com prehended. A system of mountain chains to the right or west, which are interlaced and prolonged southwards, constantly filling an extent averaging eighty kilometres from its extreme eastern slope as far as the anticlinal line of the great dividing Cordillera with Chile. As far as the said line that large system of moun tains or lower Cordilleras which generally run parallel in the direction mentioned, leave between them innumerable valleys, the bottom of which is higher as they approach the central Cor dillera, altering their climate likewise, as is but natural, in a gradual manner, from the mildest, in the first, where Mendoza is situated, to the heavy snows of the last ones in which the main Andean ridge is situated ; therefore, in that strip of land, formed merely of mountains and valleys alternately — 792 No. 119. (793 ) measuring from Mendoza to the Straits of Magellan, some 22 degrees which, multiplied by the average width already stated, would give a total of 20 millions hectares, — all the peoples in the world could find their appropriate climate, to say no thing of the territory of the elevated plains which extend to the Atlantic coast. Independently of this strip of ground, properly called Andean by reason of its being connected with the Cordillera, between its ramifications, there is that occupied by the city of Mendoza, just where the ground becomes decidedly level, which happens some eight kilometres east of the last declivities. It is also a valley, or better still, the southern extremity of the great Andean valley which comes from the north, and which in cludes San Juan. Opposite Mendoza it is interrupted at the Sierra del Gigante which gives to it a width of 200 kilometres. (P. 15) The line where the first section of our journey ends is marked by the famous cone of Mount Diamante which rises 2300 metres above the sea on the southern bank of the river which gives it its name. It rises at 340 41'' 25" of latitude and at 10° 38'' 10" longitude west of Buenos Aires. It is a volcano with an extinct crater, and its base is surrounded by eruptive rock. I ascended to its summit and from it I took sights with the compass, the bearing of a number of well-known points in the chain of the Andes, as in the rest of the large circumference seen from that great height. From this southern point there extends a continuous plain, which is only interrupted by some hillocks of little importance and by the wide transverse depressions formed by the basins of the Rivers Atuel and Malalhue, Lake Yancanelo, and the Rivers Colorado and Neuquen. A telegraphic line, for instance, which might run straight from the Diamante southwards, would not require any deviation until reaching the River No. 119. ( 794) Neuquen, after 380 kilometres, exactly at the point close to the last telegraph station of the line from Patagones. I will describe this section of the ground. For 47 kilo metres the ground is hard, with some vegetation and thick grass. It descends to the basin of the Atuel, going over soft hillocks and becoming stony all along the bed of the river. From this point the ground becomes softer and permeable, and with more abundant and luxuriant vegetation for a distance of 39 kilometres, at which point it becomes arid, saltpetrous and hard, scoriae and cretaceous ground being alternately found, and along the traject of 35 kilometres on the eastern side of Lake Yancanelo there are not any traces of drinking water. The waters of Lake Yancanelo are not drunk even by the most thirsty animals. Beyond the southern shores of the lake rise the first hillocks which are traversed in their prolongation of Mount Nevado. Once these are crossed, the valley again stretches in front and towards the left or east. On the right, the ground rises in gentle slopes, which sometimes become rough when crossing opposite the Cordillera " Barba de Chi- vato " and the massif of the " Payen." At 130 kilometres from the hillocks of Yancanelo, the mountains rise to the left [east] and form a variety of sharp cones with Gothic towers. It is the " Sierra de Chachahuen," which leaves the road always to the right. Near that point the ground rises and descends again to the basin of the River Colorado, to which there is a distance of 32 kilometres, the road described coinciding pre cisely with the most practicable and wide passage offered by this river which is divided into six branches. Once the Colorado is crossed, a beautiful plain, until now unknown in the maps, is traversed, which is situated between the river mentioned and the " Sierra de Auca-Mahuida," 47-J- kilometres south of the Colorado, and not near its right bank as it has been previously drawn. The Auca-Mahuida, a round and high block of some 14 kilometres in circumference, and not a prolonged ridge as No. 119. ( 795 ) was believed, sheds its streams ivertientes) and the melting of its eternal snows northwards, to which circumstance the fer tility of the plain mentioned is due. From Auca-Mahuida the plain stretches without interrup tion to the south, for 85 kilometres, where the River Neuquen crosses it, flowing at the bottom between the two rough and true Cordilleras which form its banks. This last stretch, between Auca-Mahuida and the river Neuquen is the most arid and barren land we have come across. ***** (P. 21) With the element of this long base [a computed base-line of 50 odd kilom.] we could add to our previous obser vations with perfect accuracy the position of many uncertain or omitted points in the previous maps, among which the great lake Yancanelo may be mentioned and especially MOUNT NE VADO, the precise location of which it is of great importance to Quo'e