Traité de Piquisa, 6 juillet 1828
entre la Bolivie et le Pérou
Santa Cruz se présente comme candidat à la présidence de la République et est soutenu par les conservateurs, mais les députés libéraux du Congrès choisissent d’élire le maréchal José de La Mar le 9 juin 1827. Mécontent, il tente de garder le pouvoir, mais est contraint de quitter ses fonctions, sous la pression de l’armée.
Avec d’autres généraux ambitieux tels que Agustín Gamarra, Santa Cruz forme un triumvirat qui se met au travail pour la chute de La Mar. Mais en attendant, le gouvernement le tient à l’écart, le désignant comme le ministre plénipotentiaire du Pérou à Santiago du Chili. C’est là qu’en mai 1828 a lieu l’invasion péruvienne de la Bolivie sous les ordres du général Gamarra qui, ayant pris les pleins pouvoirs au Pérou après la chute de La Mar, a l’objectif de mettre fin à l’influence bolivarienne dans ce pays.
Le 6 juillet 1828, le Traité de Piquisa est signé, par lequel le maréchal Antonio José de Sucre renonce au pouvoir qu’il exerce en Bolivie et accepte de retirer les troupes colombiennes. Comme Gamarra, Santa Cruz considère que Bolívar a commis une erreur en séparant le Haut et le Bas Pérou, alors ils proposent de les réunir à nouveau, bien que chacun ait un plan différent pour le réaliser.
Traité de Paix entre la république de Bolivia et la République de Pérou, signé à Piquisa le 6 juillet 1828.
(The Times1828. Deebr. 4. Nr. 13, 767.)
In the town of Piquisa, on the 6th day of July 1828, the commissioners met for the purpose of making a preliminary treaty of peace between his Excellency José Maria Perez de Urdinenea, General-in-chief of the Bolivian army and intrusted with the command of the republic, and Don Agustin Garnarra, General of division of the armies of Peru and General-in-chief of that of the South, -viz., on behalf of the first named Messrs. Miguel Maria Aguirre, Minister of finance, José Miguel Velasco, Prefect-General of the department of Chuquisaca, and Dr.Miguel del Carpio as secretary; and on behalf of the last named Don Juan Augustin Lira, first aide-de-camp of the staff, lieutnant-colonel and aide-de-camp Don Juan Bautista Arguedas and captain Don José Maria Lopez, as secretary, reciprocally exchanged their respective powers, and it appearing from them that they were properly authorized to compile the articles to serve as a basis for the present negotiation, they entered into a serious and deliberate conference upon the interests of the two republics, and the motives that had caused the march of the Peruvian army upon the territory of Bolivia ; and mutually desirous of establishing a solid and lasting peace, of strengthening the relations of both states by the bounds of a sincere friendship and of removing the causes which have led to the hostile demonstrations, that have taken place on both sides, mutually agreed to the following articles:
Art. 1 – In the space of 15 days from the ratification of these treaties by the Generals in-chief of the belligerent armies, all Colombians and other foreigners in the army of Bolivia shall begin to evacuate the territory of the Bolivian republic.
Art. 2 – From the foregoing article are excepted all subalterns, from captains inclusive downwards, who will be suffered to remain in the republic provided they leave the army, until a president be appointed, who may, if he please, recall them to the service.
Art. 3 – The Generals, chiefs and officers, who agreeably to Article I, are to leave the territory of Bolivia, may return to the said republic as soon as the national assembly is installed, and during their absence they shall receive half-pay from the funds of the said republic, until the President appointed shall determine whether they are to continue in the service and receive their pay. Those mentioned in Article II. shall also receive half-pay under the same conditions as stipulated in this Article.
Art. 4 – The squadrons of grenadiers and hussars of Colombia, now in this said republic, shall commence their march for their own country by the route which, as far as Arica the General -in-chief of the Peruvian army may point out for them, and the said General shall also undertake to provide the necessary shipping for their transport, and the General-in-chief of the Bolivian army shall undertake to indemnify the Peruvian republic for the expenses thereof.
Art. 5 – The day following the ratification of these treaties, the General-in-chief of the Bolivian army shall issue a decree, to assemble on the 1st of August next, the constituent congress, not now sitting, and which shall meet in the city of Chuquisaca, to consider, firstly, the propriety of receiving the message and admitting the proffered resignation of the Grand Marshall of Ayacucho, Antonio José de Sucre; secondly, of nominating a provisional government; and thirdly, of immediately convoking with all possible dispatch a national assembly, which shall revise, modify, or declare efficient the existing constitution.
Art. 6 – This national assembly shall, in preference to all other matters, occupy itself in electing and appointing a person to exercise the functions of President of the state, and in fixing the day on which the Peruvian army shall begin to evacuate the territory of the republic.
Art. 7 – The Peruvian army shall occupy the department of Potosi till the day of the meeting of the Constituent Congress, on which it shall commence its march for la Paz and Oruro, through the department of Cochabamba and on its march, shall be provided with the necessary provisions.
Art. 8 – The National Assembly, after fulfilling the objects specified in Art. VI. shall suspend its sessions, and recommence them as soon as the Peruvian army shall have re-passed the Desaguadero.
Art. 9 – The Bolivian army shall occupy the departments of Chuquisaca, Cochabamba, Santa Cruz, Tarija, and Potosi, on the day following that on which they are evacuated by the army of Peru. The revenues received therein during the stay of the Peruvian army, and likewise those of Oruro and la Paz shall; after deducting the pay of the said army, be ceded to the former.
Art. 10 – The supreme Government of both republics shall settle the charges to be demanded on both sides from the time the Peruvian army passed the Desaguadero.
Art. 11 – The republics of Peru and Bolivia shall strengthen their relations by diplomatic agents as soon as the army has evacuated the Bolivian territory.
Art. 12 – The republics of Peru and Bolivia shall not be able to form friendly relations with the empire of the Brazils, until the said empire has made peace with the Argentine republic.
Art. 13 – All persons belonging to either republic and enrolled in the opposite army, shall be immediately delivered up, provided the Bolivians remain in their own country and the Peruvians return to theirs, this being left to their own choice. The Colombian soldiers in both armies are included and neither party shall be able to claim deserters.
Art. 14 – No Bolivian shall be molested directly or indirectly on account of the way he may have voted under the present circumstances; but such persons shall be preferred according to their abilities and the services they have performed.
Art. 15 – The contracting parties shall be responsible for any act of hostility committed by either army after the ratification of these treaties.
Art. 16 – Two chiefs shall be given as hostages for the fulfilment of these treaties, and the same shall be chosen by the contracting Generals.
Art. 17 – These treaties shall be ratified or rejected in the space of 24 hours; and, in case of their disapproval or non-ratification, hostilities shall recomimence in 42 hours.
In these terms the present stipulation was agreed to and concluded at eight o’clock p.M. of the day, Month and Year first above-written, and two copies thereof were signed by the aforesaid commissioners, as we, the undersigned secretaries do hereby certify.
MIGUEL MARIA DE AGUIRRE, General.
MIGUEL DEL CARPIO, Secretary.
JUAN BAUTISTA ARGUEDAS.
JOSE MARIA LOPEZ, Secretary.
Lieutenant-Colonels Don Juan Agustin Lira and Don Juan Bautista Arguedas, accompanied by Captain Don Jose Maria Lopez, having presented themselves on the 7the day of July, 1828, at the head – quarters at Ciporo, before Don Agustin Gamarra, General-in-chief of the Peruvian army, to render account of the commission intrusted to their care, by which they were instructed to meet the Bolivian legation, for the purpose of agreeing upon a treaty of peace between the two now belligerent armies, and delivered to him the treaties entered into by the aforesaid commissioners, and signed by the contracting parties at eight o’clock p.m. of yesterday, the said General Gamarra declared that he signed, approved and ratified in the most solemn manner, every thing stipulated by the aforesaid commissioners, with this sole exception — viz., « That the hostages to be given for the fulfilment of this capitulation shall be appointed by their respective Generals, and not chosen by either party ; » and with this sole and trifling modification, which will not, it is considered, affect in any way the substance of the other articles agreed upon, his Excellency promises to observe, keep and religiously fulfil all that is stipulated in the said treaties; and further promises, in the name of his Government, and by virtue of the authority granted to him for that purpose, that these treaties of peace and friendship between the republics of Peru and Bolivia shall be caused to be kept, fulfilled and executed by the national arms, conformable to the custom of war. In witness whereof the said General Gamarra agreed to and signed the same at nine o’clock a.M. of the above written day, month and year, as I, the undersigned secretary of war, do hereby certify.
AUGUSTIN GAMARRA.
By order of His Excellency, Dr. Jose Maria de la Cuba, this a true copy.
Le texte du traité est publié in
| 11,2 Mo Martens, N. R., t. VII, part. 2, n° 128, pp. 639-640Pour les références bibliographiques des recueils mentionnés ci-dessous, voy. la page consacrée aux recueils de traités
La présente fiche a été réalisée dans le cadre du programme de stage du Céric à la Faculté de Droit et de Science Politique d’Aix-Marseille.
Elle a été conçue par :
Anna Elliott (fiche de contextualisation, illustration, résumé, transcription du texte intégral)
Lisa Lenglart (travail de vérification)
Pr. Romain Le Boeuf (sources, transcription du texte intégral)
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