Treaty of MapacingueArticle 5. Both high contracting parties pledge to keep secret
the present treaty which will be ratified. The exchange of ratifi-
cation will take place in Paris within a month or sooner if this
be possible....
Kisilev.
Walewski.
3.1170 Treaty of Mapacingue
Alliance Members:Ecuador and Peru
Signed On:January 26, 1860, in the city of Guayaquil (Ecuador). In
force until July 15, 1861, with the overthrow of Ecuador’s leader (fol-
lowing a public outcry over the treaty) and the installation of a new
government.
Alliance Type:Defense Pact (Type I)
Source:Consolidated Treaty Series,vol. 121, p. 310.
SUMMARY
The Treaty of Mapacingue sought to settle the disputed boundary
between Ecuador and Peru, an issue over which there had been more
or less constant fighting since October 1859 when Ecuador granted
land claimed by Peru to foreign creditors. The treaty’s terms stipulated
that a joint commission was to fix the boundary within two years, but
when both sides rejected the treaty it was doomed to failure.
Public anger over the treaty led to the overthrow of General Franco in
March of 1861 and the installation of a new Ecuadorian government.
Peru’s legislature then failed to ratify the treaty it had negotiated with
the previous Ecuadorian government. Following the dissolution of the
alliance, Ecuador unilaterally passed legislation attempting to divide
the disputed territory, and Peru finally renounced all treaty terms in
- Fighting ultimately erupted again in 1887 over the same dis-
puted territories.
Alliance Text
In the Name of God, Creator and Ruler of the Universe.
THE Republics of Peru and the Equator, animated by the
American spirit, under the influence of which all the nations of
this continent ought to consider themselves as belonging to one
sole family ; desirous of settling their past differences amicably,
of reuniting the bonds which an unjust Cabinet, the unfaithful
interpreter of Equatorian feelings, managed to break ; and con-
vinced that their independence, common prosperity, and
aggrandizement, require that they should enter fully into sin-
cere relations of alliance and friendship ; in fulfilment of Arti-
cles III, V, and VI of the Convention of the 4th of December,
1859, have resolved to conclude a Treaty of Peace, which shall
contain the solution of the questions pending between them,
and the principles on which they will fix from this time for ever
their international rights.
With this important object the Republic of Peru has fully
authorized its Envoy Extraordinary and Minister Plenipoten-
tiary, Dr. D. Manuel Morales, and that of the Equator, its Minis-
ter Plenipotentiary, Dr. D. Nicolas Estrada, who, accompanied
by their respective secretaries, Dr. D. Manuel Nicholas Corpan-
cho, Secretary of the Council of Ministers, on the part of the
Peruvian Representative, and Dr. D. José Antonio Rodrigues
Parra, on the part of the Equatorian, have presented their
respective full powers, and, after having exchanged them, as
they were found in good and due form, proceeded to adjust the
following Articles :
ART. I. The Republics of Peru and of the Equator declare
that the relations of peace, friendship, harmony, and good
understanding, which they ought to cultivate for their common
advantage and prosperity, are fully re-established between them
and their respective citizens ; each of them engaging not to
molest, injure, or persecute those who have in any manner
taken part in the differences which are happily arranged by the
present Treaty.
II. The Peruvian nation acknowledges itself satisfied for the
offence offered to it by the former Equatorian Government in
the person of the resident Minister of Peru, by the reinstallation
of that Minister and of the Consular officials, spontaneously
conceded by the present Government of the Equator.
III. The Equatorian Government disapproves and con-
demns, as acts unbefitting the harmony and civilization of
nations, the insults lavished on the Peruvian nation and its Gov-
ernment, by the official press during the time of the former
Administration of the Equator, promising at the same time not
to tolerate such abuse in future, as it compromises international
relations ; Peru, on her part, reciprocally binds herself in the
same promise.
IV. The Equatorian Government, to give a proof of its justice
towards Peru, solemnly engages its honour to chastise with the
severity which the laws and its dignity require, the subaltern
authorities who have ill-used Peruvian citizens, and against
whose offences the Government of that Republic has made
reclamation. Peru will do the same under similar circumstances.
V. The Government of the Equator considering the value of
the documents presented by the Peruvian negotiator, amongst
which the principal is the Royal Decree of the 15th July, 1802, in
substantiating the rights of Peru to the territories of Quijos and
Canelos, declares void, and of no effect, the adjudication which
may have been made of any part of those territories to the
British creditors, who must be indemnified with other lands
which are the exclusive and undisputed property of the Equator.
VI. The Governments of the Equator and Peru agree to rec-
tify the boundaries of their respective territories, and to
appoint, within the term of two years, reckoned from the ratifi-
cation and exchange of the present Treaty, a mixed commission,
which, in conformity with the observations which it shall make,
and the proofs to be exhibited by each party, shall fix the
boundaries of the two Republics. In the mean time they accept
for such boundaries those which arise from the uti possidetis,
acknowledged in Article V of the Treaty of September 22, 1829,
between Columbia and Peru, and which were those of the
ancient Vice-Royalties of Peru and Santa Fé, according to the
Royal Decree of July 15, 1802.
VII. Notwithstanding the stipulations in the two preceding
Articles, the Equator reserves the right to prove its title to the