Gran Colombia-Peru War
Encyclopedia
The Gran Colombia-Peru War of 1828 and 1829 was the first international conflict fought by the Republic of Peru
, which had gained its independence from Spain in 1821, and Gran Colombia
, a confederation of the modern-day countries of Colombia
, Ecuador
, Panama
, and Venezuela
that existed between 1819 and 1830.
and Maynas
. The Royal Audience of Quito
was established in 1563 by a royal decree of the King of Spain. Its territories included, to the north, Pasto
, Popayán
, Cali
, Buenaventura
, and Buga
in what is now Colombia. The Royal Audience of Quito was initially part of the Viceroyalty of Peru
until 1717, when it became part of the Viceroyalty of New Granada
. Borders at the time were imprecise, especially in the eastern unsettled areas, beyond the Andean cordillera, because of a lack of geographical knowledge and the low importance accorded to these unpopulated and largely inaccessible territories.
The first controversy between the Viceroyalty of Peru and the Real Audiencia de Quito erupted in 1802, when the military and ecclesiastic administration of Maynas was transferred to the Viceroyalty of Peru by royal decree. To this day, there is some dispute as to whether this was a territorial concession as well. This lack of clarity formed the basis for territorial disputes between Ecuador and Peru when, a few years later, these two nations obtained their independence from Spain. Jaén and Tumbez were not included in this royal decree of 1802.
A similar event occurred in 1803, when the Spanish crown decided that the military affairs of the Province of Guayaquil, whose capital was the port city of the same name, would be run from Lima, Peru. Further, in 1810, all administrative and economic affairs for the Province of Guayaquil were turned over to the Viceroyalty of Peru, a situation that would endure until 1819 (and the formation of Gran Colombia, which included Guayaquil.)
established the uti possidetis juris
principle as the basis for the territorial demarcation of the new nation-states that were to be born of the ancient colonial jurisdictions. In essence, the principle, as it applied to the international borders of that time, meant that the borders of the new countries should correspond to the Spanish administrative borders as they were in 1809. This presented considerable difficulty due to a lack of geographical knowledge, and also because much of the territory in question was unpopulated (or sparsely populated) and unexplored. According to the principle, the territory of the Viceroyalty of Lima would then become part of Peru, and the territory of the Viceroyalty of New Granada part of Gran Colombia. However, much of what would become Ecuador fell into a "gray area" with plausible claims by both Peru (successor to the Viceroyalty of Peru) and Gran Colombia (successor to the Viceroyalty of New Granada) still in conflict.
Alcalá, in 1826, the Peruvians saw an opportunity. Early in 1828, Peru launched a campaign against Bolivia to reclaim its former territory and ultimately forced the Colombians out of Bolivia.
, who had been the President of Bolivia since 1826, resigned his office (under duress) and was appointed Commander of the Gran Colombian Army.
The Peruvian declaration of war against Gran Colombia occurred on 3 July 1828 when the Peruvian Government
, under President Jose de La Mar
, ordered a mobilization of its ground and naval forces. The first engagement of the conflict took place on August 31 of that year when the Peruvian corvette
Libertad, under the command of Carlos García del Postigo, on patrol in international waters to the west of the Gulf of Guayaquil
with the purpose of blockading that port, was attacked by the Gran Colombia
n ships Pichincha and Guayaquileña off Punta Malpelo
. The Colombians were forced to retreat with heavy loss of life on-board their vessels.
area before directly attacking the defenses of that city from 22 November to 24 November 1828. In this campaign, he managed to eliminate the Colombian defenses afloat and to silence much of the enemy artillery, but, on the night of the 23 November, the Peruvian frigate Presidente ran aground, and the Colombians took advantage of the situation to counterattack.
At dawn, with the arrival of high tide, the frigate was refloated under fire. Among the last enemy sniper shots hit Guise, mortally wounding him. Control of the squadron was assumed by his first lieutenant, José Boterín, who continued the siege. The city finally surrendered on 19 January 1829. After this victory, the corvette Arequipeña and the brig Congreso repaired to Panama to rescue a Peruvian merchant ship that had been captured by the Gran Colombia
ns. Guayaquil
would remain under Peru
vian occupation until 21 July 1829.
had been born in the city of Cuenca, in present-day Ecuador that was, in 1828, part of the disputed territory and de facto a part of Gran Colombia. Shortly after the siege of Guayaquil, conducted by the Peruvian Navy, was concluded, the Peruvian Army seized the city of Loja
by winning the Battle of Saraguro on 13 February 1829, and then it pushed north into Guayas
, the district surrounding the city of Guayaquil. En route, forces under La Mar and General Agustín Gamarra
occupied Cuenca as well.
Holding Cuenca was, however, short-lived. The Venezuelan general, Antonio José de Sucre
, and his compatriot, General Juan José Flores
, mounted a counterattack and defeated the Peruvians near the city of Cuenca, at the Battle of Portete de Tarqui on 26 February and 27 February 1829. Effectively, this ended the major hostilities of the war. Without reinforcement by land, the Peruvian occupation of Guayaquil was destined to fail, but Gran Colombia's assertion of rights to the territories of Jaén
and Maynas
, were similarly frustrated. On 28 February 1829, La Mar and Sucre signed a conditioning document that became known as the La Mar-Sucre Convention.
La Mar however refused to give back Guayaquil or retreat the Peruvian Navy, points that where part of the convention. La Mar proceeded to strengthen his army at his headquarters at Piura while Bolivar prepared to take command of the Colombian army, hostilities seemed about to restart.
On 10 July 1829, the Armistice of Piura recognised the annexation of Guayaquil to Gran Colombia, and, on September 22 of that year, the war between Peru and Gran Colombia officially came to an end when the armistice was ratified. A formal peace treaty, known as the Gual-Larrea Treaty or the Larrea-Gual Treaty, was signed on the very same day, September 22, 1829. The uti possidetis principle was affirmed, but the text also acknowledges that small concessions by each side may become desirable in order to define a "more natural and precise border", which is the basis for avoiding further conflict. The parties agreed to form a binational commission to establish a permanent border.
In Peru, however, the dissolution of Gran Colombia is seen as a country ceasing to exist, giving way to the formation of new nation-states. The significance of this view is that the treaties Peru had signed with Gran Colombia became void when the countersignatory ceased to exist. The three new states, the Republic of New Granada (which later changed its name to Republic of Colombia), the Republic of Venezuela, and the Republic of Ecuador, in the Peruvian view, started with a clean diplomatic slate.
An alternative view is that Ecuador and Venezuela separated from the Gran Colombia Federation and inherited all of the treaty obligations that Gran Colombia had assumed, as least to the extent that they apply to their respective territories. There are indications that Colombia itself maintained this position, because, clearly, Gran Colombia and the successor state, the Republic of Colombia, shared a capital city, a subset of the same territory, and much the same citizenry. It would be unnatural to disavow their common histories.
The question of the status of treaties and accords dating to the revolutionary period (1809–1819) and Gran Colombia period (1819–1830) has a profound effect on international relations up to the present day.
Ecuador has used the Pedemonte-Mosquera Protocol as its primary legal support for land claims against Peru. However, Peru disputes its credibility and its very existence. Peru notes that the original document has never been produced by Colombia or by Ecuador. Peru also claims that there is evidence that Pedemonte and Mosquera were not even in the same place on the day in question, so they could not possibly have concluded any agreement at all. Further, according to Peru, the protocol, if it did exist, was never ratified by either country's congress. Besides, to the Peruvian way of thinking, even if the protocol was signed, the Gran Colombia Federation had been effectively dissolved well before 11 August 1830, so any agreement concluded on that day was undertaken by a man without portfolio, that is, a diplomat representing no nation at all. (Ecuador was born as a country on 13 May 1830 and began its separate existence with the adoption of a Constitution on 23 September 1830.)
Even though it is unlikely that Ecuador might have concocted an historical treaty of this nature, the Peruvian arguments cannot be dismissed out-of-hand. However, considering the uti possidetis juris principle Ecuador would maintain the borders ratified right before Gran Colombia's dissolution.
Ecuador has produced a copy of the Pedemonte-Mosquera protocol, made in 1870, that the Colombian embassy in Lima sent to Bogotá. The copy in question was obtained from a diplomat's personal collection. However, it has not been satisfactorily authenticated, and it remains in dispute.
The Mosquera-Pedemonte protocol is mentioned in a Colombian document titled Legislative Act No. 3, published 31 October 1910. This document explains how the borders between Colombia and its neighbors had been established. With respect to its border with Peru, it indicates that the borders are "those adopted by Mosquera-Pedemonte, in development of the treaty of 22 September 1829."
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, which had gained its independence from Spain in 1821, and Gran Colombia
Gran Colombia
Gran Colombia is a name used today for the state that encompassed much of northern South America and part of southern Central America from 1819 to 1831. This short-lived republic included the territories of present-day Colombia, Venezuela, Ecuador, Panama, northern Peru and northwest Brazil. The...
, a confederation of the modern-day countries of Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, and Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
that existed between 1819 and 1830.
Causes
The issues that led to war were Gran Colombian claims, dating from colonial times, concerning control of the territories of JaénJaén, Peru
The city of Jaén is the capital of the Jaén Province in the Cajamarca Region of Peru. At an altitude of 740 meters above sea level it is considered part of the northern Sierra region of Peru. It has a warm and humid climate. Temperatures fluctuate between 15 and 33 degrees Celsius. Rice is the main...
and Maynas
Maynas Province
Maynas is a province in the Loreto Region in northeastern Peru. Its capital, Iquitos, is also Loreto's regional capital and the largest city in the Peruvian Amazon Rainforest.-Boundaries:...
. The Royal Audience of Quito
Royal Audience of Quito
The Royal Audience of Quito was an administrative unit in the Spanish Empire which had political, military, and religious jurisdiction over territories that today include Ecuador, parts of northern Peru, parts of southern Colombia and parts of northern Brazil...
was established in 1563 by a royal decree of the King of Spain. Its territories included, to the north, Pasto
Pasto
Pasto, officially San Juan de Pasto, is the capital of the department of Nariño, located in southwest Colombia. The city is located in the "Atriz Valley", on the Andes cordillera, at the foot of the Galeras volcano, at an altitude of 8,290 feet above sea level...
, Popayán
Popayán
Popayán is the capital of the Colombian department of Cauca. It is located in southwestern Colombia between Colombia's Western Mountain Range and Central Mountain Range...
, Cali
Calì
Calì, also written in English as Cali, is an Italian surname, widespread mainly in the Ionian side of Sicily.For the surname Calì is assumed the origin of the Greek word kalos , or from its Sanskrit root kali, "time."The surname refers to:...
, Buenaventura
Buenaventura
-Myths and legends:*Buenaventura River , a legendary but non-existent river that was once believed to run from the Rocky Mountains to the Pacific Ocean in what is now the western United States-People:...
, and Buga
Buga
Buğa or Boğa means "bull" in Turkic languages, also transliterated as Bugha, or Buqa . It may refer to one of the following persons.*Tala Buga, the khan of Golden Horde between 1287 and 1291...
in what is now Colombia. The Royal Audience of Quito was initially part of the Viceroyalty of Peru
Viceroyalty of Peru
Created in 1542, the Viceroyalty of Peru was a Spanish colonial administrative district that originally contained most of Spanish-ruled South America, governed from the capital of Lima...
until 1717, when it became part of the Viceroyalty of New Granada
Viceroyalty of New Granada
The Viceroyalty of New Granada was the name given on 27 May 1717, to a Spanish colonial jurisdiction in northern South America, corresponding mainly to modern Colombia, Ecuador, Panama, and Venezuela. The territory corresponding to Panama was incorporated later in 1739...
. Borders at the time were imprecise, especially in the eastern unsettled areas, beyond the Andean cordillera, because of a lack of geographical knowledge and the low importance accorded to these unpopulated and largely inaccessible territories.
The first controversy between the Viceroyalty of Peru and the Real Audiencia de Quito erupted in 1802, when the military and ecclesiastic administration of Maynas was transferred to the Viceroyalty of Peru by royal decree. To this day, there is some dispute as to whether this was a territorial concession as well. This lack of clarity formed the basis for territorial disputes between Ecuador and Peru when, a few years later, these two nations obtained their independence from Spain. Jaén and Tumbez were not included in this royal decree of 1802.
A similar event occurred in 1803, when the Spanish crown decided that the military affairs of the Province of Guayaquil, whose capital was the port city of the same name, would be run from Lima, Peru. Further, in 1810, all administrative and economic affairs for the Province of Guayaquil were turned over to the Viceroyalty of Peru, a situation that would endure until 1819 (and the formation of Gran Colombia, which included Guayaquil.)
Uti possidetis juris
Even before the battles for the freedom of the South American colonies were over, Simón BolivarSimón Bolívar
Simón José Antonio de la Santísima Trinidad Bolívar y Palacios Ponte y Yeiter, commonly known as Simón Bolívar was a Venezuelan military and political leader...
established the uti possidetis juris
Uti Possidetis Juris
Uti possidetis juris is a principle of international law that states that newly formed sovereign states should have the same borders that their preceding dependent area had before their independence.-History:...
principle as the basis for the territorial demarcation of the new nation-states that were to be born of the ancient colonial jurisdictions. In essence, the principle, as it applied to the international borders of that time, meant that the borders of the new countries should correspond to the Spanish administrative borders as they were in 1809. This presented considerable difficulty due to a lack of geographical knowledge, and also because much of the territory in question was unpopulated (or sparsely populated) and unexplored. According to the principle, the territory of the Viceroyalty of Lima would then become part of Peru, and the territory of the Viceroyalty of New Granada part of Gran Colombia. However, much of what would become Ecuador fell into a "gray area" with plausible claims by both Peru (successor to the Viceroyalty of Peru) and Gran Colombia (successor to the Viceroyalty of New Granada) still in conflict.
Conflict over Bolivia
The federation of Gran Colombia, formed in 1819, was the kernel of Bolivar's grander scheme to unite the former Spanish colonies in Central and South America. Prior to becoming the titular head of Gran Colombia, Bolivar had been, briefly, the president of the newly-independent state of Bolivia, his namesake. Bolivia had formerly been a part of the Viceroyalty of the River Plate, known as Upper Peru, and, once Bolivar relinquished the presidency of Bolivia to his revolutionary compatriot, Antonio José de SucreAntonio José de Sucre
Antonio José de Sucre y Alcalá , known as the "Gran Mariscal de Ayacucho" , was a Venezuelan independence leader. Sucre was one of Simón Bolívar's closest friends, generals and statesmen.-Ancestry:...
Alcalá, in 1826, the Peruvians saw an opportunity. Early in 1828, Peru launched a campaign against Bolivia to reclaim its former territory and ultimately forced the Colombians out of Bolivia.
Initial engagements
Furious about the news from Bolivia (that the Colombian army had been expelled), President Bolivar resolved to declare war against Peru on 3 June 1828. Antonio José de SucreAntonio José de Sucre
Antonio José de Sucre y Alcalá , known as the "Gran Mariscal de Ayacucho" , was a Venezuelan independence leader. Sucre was one of Simón Bolívar's closest friends, generals and statesmen.-Ancestry:...
, who had been the President of Bolivia since 1826, resigned his office (under duress) and was appointed Commander of the Gran Colombian Army.
The Peruvian declaration of war against Gran Colombia occurred on 3 July 1828 when the Peruvian Government
Government of Peru
Peru is a presidential representative democratic republic with a multi-party system. Under the current constitution, the President is the head of state and government; he or she is elected for five years and cannot seek immediate re-election, he or she must stand down for at least one full...
, under President Jose de La Mar
José de la Mar
José de la Mar was a South American military leader.He was born in Cuenca in what today is Ecuador. He spent his early childhood in Spain, where he started his military career...
, ordered a mobilization of its ground and naval forces. The first engagement of the conflict took place on August 31 of that year when the Peruvian corvette
Corvette
A corvette is a small, maneuverable, lightly armed warship, originally smaller than a frigate and larger than a coastal patrol craft or fast attack craft , although many recent designs resemble frigates in size and role...
Libertad, under the command of Carlos García del Postigo, on patrol in international waters to the west of the Gulf of Guayaquil
Gulf of Guayaquil
The Gulf of Guayaquil is a large body of water of the Pacific Ocean in western South America. Its northern limit is the city of Salinas, in Ecuador, and its southern limit is Punta Pariñas, in Peru.The gulf takes its name from the city of Guayaquil...
with the purpose of blockading that port, was attacked by the Gran Colombia
Gran Colombia
Gran Colombia is a name used today for the state that encompassed much of northern South America and part of southern Central America from 1819 to 1831. This short-lived republic included the territories of present-day Colombia, Venezuela, Ecuador, Panama, northern Peru and northwest Brazil. The...
n ships Pichincha and Guayaquileña off Punta Malpelo
Punta Malpelo
Punta Malpelo is a point in Peru near the border with Ecuador. It was a significant scene during the Gran Colombia-Peru War, because on August 31, 1828 was the site of the Battle of Punta Malpelo, where the Peruvian corvette Libertad sustained a naval encounter with the Gran Colombian ships...
. The Colombians were forced to retreat with heavy loss of life on-board their vessels.
Assault on Guayaquil
The Peruvian squadron, commanded by Admiral Jorge Martin Guise, made a number of raids in the GuayaquilGuayaquil
Guayaquil , officially Santiago de Guayaquil , is the largest and the most populous city in Ecuador,with about 2.3 million inhabitants in the city and nearly 3.1 million in the metropolitan area, as well as that nation's main port...
area before directly attacking the defenses of that city from 22 November to 24 November 1828. In this campaign, he managed to eliminate the Colombian defenses afloat and to silence much of the enemy artillery, but, on the night of the 23 November, the Peruvian frigate Presidente ran aground, and the Colombians took advantage of the situation to counterattack.
At dawn, with the arrival of high tide, the frigate was refloated under fire. Among the last enemy sniper shots hit Guise, mortally wounding him. Control of the squadron was assumed by his first lieutenant, José Boterín, who continued the siege. The city finally surrendered on 19 January 1829. After this victory, the corvette Arequipeña and the brig Congreso repaired to Panama to rescue a Peruvian merchant ship that had been captured by the Gran Colombia
Gran Colombia
Gran Colombia is a name used today for the state that encompassed much of northern South America and part of southern Central America from 1819 to 1831. This short-lived republic included the territories of present-day Colombia, Venezuela, Ecuador, Panama, northern Peru and northwest Brazil. The...
ns. Guayaquil
Guayaquil
Guayaquil , officially Santiago de Guayaquil , is the largest and the most populous city in Ecuador,with about 2.3 million inhabitants in the city and nearly 3.1 million in the metropolitan area, as well as that nation's main port...
would remain under Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
vian occupation until 21 July 1829.
Land war
Peruvian President Jose de La MarJosé de la Mar
José de la Mar was a South American military leader.He was born in Cuenca in what today is Ecuador. He spent his early childhood in Spain, where he started his military career...
had been born in the city of Cuenca, in present-day Ecuador that was, in 1828, part of the disputed territory and de facto a part of Gran Colombia. Shortly after the siege of Guayaquil, conducted by the Peruvian Navy, was concluded, the Peruvian Army seized the city of Loja
Loja, Ecuador
Loja is the capital of Ecuador's Loja Province. It is located in the Cuxibamba valley in the south of the country, sharing borders with the provinces of Zamora-Chinchipe and El Oro, and with Peru in the south...
by winning the Battle of Saraguro on 13 February 1829, and then it pushed north into Guayas
Guayas
Guayas may refer to:*Ecuador:**Guayas River**Guayas Province**Guayas **Guayas *The fruit of the mamoncillo tree...
, the district surrounding the city of Guayaquil. En route, forces under La Mar and General Agustín Gamarra
Agustín Gamarra
Agustín Gamarra Messia was a Peruvian soldier and politician, becoming twice President of Peru from 1829 to 1833 and from 1838 to 1841....
occupied Cuenca as well.
Holding Cuenca was, however, short-lived. The Venezuelan general, Antonio José de Sucre
Antonio José de Sucre
Antonio José de Sucre y Alcalá , known as the "Gran Mariscal de Ayacucho" , was a Venezuelan independence leader. Sucre was one of Simón Bolívar's closest friends, generals and statesmen.-Ancestry:...
, and his compatriot, General Juan José Flores
Juan José Flores
Juan José Flores y Aramburu was a Venezuelan military general who became Supreme Chief, and later the first President of the new Republic of Ecuador. He later served two more terms from 1839 to 1843 and from 1843 to 1845, and is often referred to as "The founder of the Republic".-Biography:Flores...
, mounted a counterattack and defeated the Peruvians near the city of Cuenca, at the Battle of Portete de Tarqui on 26 February and 27 February 1829. Effectively, this ended the major hostilities of the war. Without reinforcement by land, the Peruvian occupation of Guayaquil was destined to fail, but Gran Colombia's assertion of rights to the territories of Jaén
Jaén, Peru
The city of Jaén is the capital of the Jaén Province in the Cajamarca Region of Peru. At an altitude of 740 meters above sea level it is considered part of the northern Sierra region of Peru. It has a warm and humid climate. Temperatures fluctuate between 15 and 33 degrees Celsius. Rice is the main...
and Maynas
Maynas Province
Maynas is a province in the Loreto Region in northeastern Peru. Its capital, Iquitos, is also Loreto's regional capital and the largest city in the Peruvian Amazon Rainforest.-Boundaries:...
, were similarly frustrated. On 28 February 1829, La Mar and Sucre signed a conditioning document that became known as the La Mar-Sucre Convention.
La Mar however refused to give back Guayaquil or retreat the Peruvian Navy, points that where part of the convention. La Mar proceeded to strengthen his army at his headquarters at Piura while Bolivar prepared to take command of the Colombian army, hostilities seemed about to restart.
Aftermath
A coup supported by General Gamarra of the Peruvian Army against President La Mar paved the way for a peace treaty. Subsequently, the Convenio de Girón between Peru and Gran Colombia recognized as borders the "same ones as the corresponding Viceroyalties before independence." Since this status quo ante solution was based on borders that had never been adequately defined, future territorial disputes between Peru and Ecuador and Colombia were virtually inevitable.On 10 July 1829, the Armistice of Piura recognised the annexation of Guayaquil to Gran Colombia, and, on September 22 of that year, the war between Peru and Gran Colombia officially came to an end when the armistice was ratified. A formal peace treaty, known as the Gual-Larrea Treaty or the Larrea-Gual Treaty, was signed on the very same day, September 22, 1829. The uti possidetis principle was affirmed, but the text also acknowledges that small concessions by each side may become desirable in order to define a "more natural and precise border", which is the basis for avoiding further conflict. The parties agreed to form a binational commission to establish a permanent border.
Was Gran Colombia a nation or a confederation?
The term Gran Colombia is used today to refer to the federation that was formed between the Republics of Ecuador, Venezuela, and Colombia (with its province, Panama) before 1830. However, Gran Colombia is, in a sense, an artificial term, as the country has always been referred to simply as Colombia. This is clear to anyone who examines the many treaties signed between Colombia and Peru before 1830.In Peru, however, the dissolution of Gran Colombia is seen as a country ceasing to exist, giving way to the formation of new nation-states. The significance of this view is that the treaties Peru had signed with Gran Colombia became void when the countersignatory ceased to exist. The three new states, the Republic of New Granada (which later changed its name to Republic of Colombia), the Republic of Venezuela, and the Republic of Ecuador, in the Peruvian view, started with a clean diplomatic slate.
An alternative view is that Ecuador and Venezuela separated from the Gran Colombia Federation and inherited all of the treaty obligations that Gran Colombia had assumed, as least to the extent that they apply to their respective territories. There are indications that Colombia itself maintained this position, because, clearly, Gran Colombia and the successor state, the Republic of Colombia, shared a capital city, a subset of the same territory, and much the same citizenry. It would be unnatural to disavow their common histories.
The question of the status of treaties and accords dating to the revolutionary period (1809–1819) and Gran Colombia period (1819–1830) has a profound effect on international relations up to the present day.
Pedemonte-Mosquera Protocol
To illustrate the current relevance of the Gran Colombia-Peru War, Ecuador asserts that there was an agreement signed in Lima between the foreign ministers of Peru and Gran Colombia on 11 August 1830. Known as the Pedemonte-Mosquera protocol, the agreement, based on the military result at the Battle of Portete de Tarqui and the Gual-Learra Treaty then in effect, settled the placement of the border between the two nations definitively and for all time.Ecuador has used the Pedemonte-Mosquera Protocol as its primary legal support for land claims against Peru. However, Peru disputes its credibility and its very existence. Peru notes that the original document has never been produced by Colombia or by Ecuador. Peru also claims that there is evidence that Pedemonte and Mosquera were not even in the same place on the day in question, so they could not possibly have concluded any agreement at all. Further, according to Peru, the protocol, if it did exist, was never ratified by either country's congress. Besides, to the Peruvian way of thinking, even if the protocol was signed, the Gran Colombia Federation had been effectively dissolved well before 11 August 1830, so any agreement concluded on that day was undertaken by a man without portfolio, that is, a diplomat representing no nation at all. (Ecuador was born as a country on 13 May 1830 and began its separate existence with the adoption of a Constitution on 23 September 1830.)
Even though it is unlikely that Ecuador might have concocted an historical treaty of this nature, the Peruvian arguments cannot be dismissed out-of-hand. However, considering the uti possidetis juris principle Ecuador would maintain the borders ratified right before Gran Colombia's dissolution.
Ecuador has produced a copy of the Pedemonte-Mosquera protocol, made in 1870, that the Colombian embassy in Lima sent to Bogotá. The copy in question was obtained from a diplomat's personal collection. However, it has not been satisfactorily authenticated, and it remains in dispute.
The Mosquera-Pedemonte protocol is mentioned in a Colombian document titled Legislative Act No. 3, published 31 October 1910. This document explains how the borders between Colombia and its neighbors had been established. With respect to its border with Peru, it indicates that the borders are "those adopted by Mosquera-Pedemonte, in development of the treaty of 22 September 1829."
See also
- Pérez Pimentel, Rodolfo. "Carlos Pedemonte y Talavera" Diccionario Biográfico Ecuador, Vol. 9. (Ecuadorian viewpoint) In SpanishSpanish languageSpanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
.