MarketEast Patagonia, Tierra del Fuego and Strait of Magellan dispute
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East Patagonia, Tierra del Fuego and Strait of Magellan dispute

The East Patagonia, Tierra del Fuego and Strait of Magellan Dispute or the Patagonia Question was the boundary dispute between Argentina and Chile during the 19th century for the possession of the southernmost territories of South America on the basis of disagreements over the boundaries corresponding to the uti possidetis juris inherited from the Spanish Empire, which were partly due to contradictory background information.

Background
Of occupation by the Spanish Empire Strait of Magellan and surrounding territories During the 16th-century Spanish explorers and conquerors attempt to found settlements in the Strait of Magellan, Pedro de Valdivia proposed the extension of the governorship of Chile to the strait, which was granted, and prior to this, he continued his expeditions in a southerly direction to found a settlement in the place, something that did not materialize when he encountered the araucanos. In addition, other Spaniards during that century founded settlements in Primera Angostura, Ciudad Nombre de Jesús and Ciudad del Rey Don Felipe, later known as the port of Hunger due to the death of its inhabitants from food shortages, having planted seeds in the opposite seasons (not knowing that of the southern hemisphere). During the 16th century the Captaincy General of Chile sought to implement a policy of southern territorial integration to connect Santiago to the Strait of Magellan. There was agreement on the "road to the Strait" project and the policy of founding towns in the south, in addition to the construction of roads for the structuring of the kingdom (Santiago-Concepción, Concepción-Valdivia, Castro-Ancud, Castro-Nahuelhuapi, Chiloé-Valdivia). He armed two ships of 450 barrels each and manned by 60 men. Ladrillero took command of the San Luis with Hernán Gallego as pilot and Cortés Ojea commanded the San Sebastián with Pedro Gallego as pilot. They sailed from Valdivia on November 17, 1557, calling at the Golfo de Penas, to which he named the Alcachofado inlet, they entered the Patagonian channels through the Fallos channel, at the exit of which the ships separated and did not meet again. Cortés Ojea sailed for two months the existing channels between Wellington Island and the Strait of Magellan, in the Golfo Trinidad he dismantled the San Sebastián and with its remains built a small brigantine which he christened San Salvador returning to the north and anchoring in Valdivia on October 1, 1558. Ladrillero entered the channels through the West Channel He returned to the north through the Wide Channel, the Indian Pass and the English Narrows, and when he reached the Gulf of Penas, he returned south again via the Pacific Ocean. He reconnoitered the southern coast of Concepción Channel and entered the channels through Nelson Strait and discovered the region of Última Esperanza, navigated the Kirke Channel and explored Obstruction Seno, initially believing that he had reached the Strait of Magellan. He returned to the Pacific looking for the entrance to the Strait, but this time he continued south, recognizing the Desolación Island, he entered the Strait navigating surely the Abra Channel. At Cape Possession, where he arrived on August 9, 1558, he performed the ceremony of taking possession of it. After exploring the eastern mouth, it returned to the north, enduring all kinds of calamities, lack of food and death of its crew members, managing to land in the Bahía de Concepción where it anchored with only the captain, a sailor and a black servant, who died a few days later, except Ladrillero who died in mid-1574. Nahuelhuapi Province and explorations in the interior of Eastern Patagonia in the Cathedral of Our Lady of Nahuel Huapi During the Hispanic period there were numerous expeditions to the Magellanic lands as part of the jurisdiction of the Kingdom of Chile, In the instructions for establishing forts and settlements on the coast that runs from the Río de la Plata to the Strait of Magellan, dated June 8, 1778, signed by the Universal Minister of the Indies, José de Gálvez, and which accompanied the Royal Order of March 24, 1778, it is stated that: To alter altering this jurisdiction, the sovereign created a new job for those who would direct the new settlements, that of commissioner-superintendent, reserving for himself the power to appoint them and not to the viceroys. Parliaments with the indigenous people of the region People In addition Ambrosio O'Higgins sought the incorporation of the Indians pampas, present in Eastern Patagonia and later ones such as the Parliament of Negrete of 1803 held with the "Indians of Chile" and which reaffirms the prohibition of incursions on the Pampa south of Buenos Aires, where these mentioned indigenous tribes inhabited. In 1793, Governor O'Higgins, held the Parliament of Negrete in which he sought to parley with indigenous tribes on both sides of the Andes, including the Patagonian pampas, considering them part of the kingdom. Ambrosio proposed to build a road between the southern part of old Chile and Buenos Aires to promote trade between these domains and also to further incorporate the Pampas Indians. Territories east of the mountain range in the Talca area In 1736, the intendant of Concepción, on behalf of the judge of vacant lands of the audience of Santiago, ordered the judges of the party of Maule, to put in possession to a Mr. Jiron, of some colts located in the eastern foothills of the Andes, bordering the province of Talca. In 1554, the conquistador Pedro de Valdivia, who was already in charge of the Governorship of Chile, got the Council of the Indies to transfer the rights of Nueva León and Terra Australis to Jerónimo de Alderete, who, after Valdivia's death the following year, took over as governor and annexed them to the territory of the kingdom of Chile. Charles I of Spain authorized the creation of the governorship of Terra Australis by means of a royal decree, and ratified the existence of the same by means of other subsequent ones Jerónimo de Alderete succeeded in his task at the Court by obtaining the territories south of the strait for himself, of which he was also appointed governor. In this charter he is asked to: At the end of 1554 King Charles I sends a letter to the Council of the Indies expressing: In the period of eight months between September 1554 and May 1555 the regions of Terra Australis requested by Alderete near the Strait of Magellan were in charge of a ruler different from that of Chile, to later be definitively incorporated to the latter once Alderete is named governor of Chile. On April 7, 1556, during his return trip, he died in Panamá of yellow fever. The royal decree of May 29, 1555 was addressed "to the governor of Chile so that, once he arrives, he sends someone to survey the land on the other side of the Strait." Later, in 1558, the Royal Decree issued in Brussels encouraged the Chilean kingdom to take possession of the far side of the Strait of Magellan: At that time, it was believed that Tierra del Fuego was part of the Terra Australis. Thus, both sides of the Strait of Magellan were legally considered to be part of the Kingdom of Chile. The royal decree of 1563, issued on August 29 by King Philip II separated the Governorate of Tucumán from the Governorate of Chile and transferred it to the Audience of Charcas, stating that "we have agreed to set aside the said governorate of Tucumán, Juríes and Diaguitas from the said governorate of Chile and include them in the district of the said audience of Las Charcas". With the birth of the Audiencia of Buenos Aires in 1663, the territory of Tucumán would be transferred to its jurisdiction. . In 1573 King Philip II dissolved the Real Audiencia of Concepción, restoring Rodrigo de Quiroga as governor of Chile by means of the Real Cédula de San Lorenzo el Real of August 5 in this cédula he speaks about the territory in the following terms: According to the Chilean historian Oscar Pinochet, the territory that had been assigned to Villagra and was inherited by Quiroga included the Strait of Magellan, "inclusive", as well as the territories to the south of it. In response, the Chilean historian Manuel Ravest Mora maintains that the royal decree of 1573 is the last occasion on which the king mentions the territorial boundaries of the governorate, noting that these were left unmodified with respect to other governorates, such as Tucumán, and the overlap near the strait. Ravest explains this overlap by stating that «the Councilors must have believed that the eastern boundary of Chile — resulting from its 100 leagues in width — reached the Strait, and that, for that very reason, the intermediate vertical strip between the Captaincy General and the Northern Sea, up to the Strait, was left vacant, where they located the Patagonian Province of Rasquin, later granted to Ortiz». The historian disagrees that the «eastern boundary of Chile» had been eliminated, and cites a 1744 document from the royal officials of Santiago, who described the territory of the governorate as follows: «it includes the entire Pampa up to the Northern Sea, ending at the Bay without Bottom or near the River of the Lions at 44° latitude», Created to harmonize and organize the laws of the Monarchy, in which Law 12 reaffirmed that the Audiencia de Chile should have: The royal decree of 1680 states that any law different from or contrary to the laws of the Recopilación holds no legal value. However, it is the royal decree of November 1, 1681, that authorized the publication of the Compilation. The Spanish explorers hardly traveled through the Aysén channels and those who did, tried to find the way to the mythical City of the Caesars unsuccessfully. The region of Trapananda (present-day Aysén) was incorporated to the domains of Chiloé being the geographical area located between the middle of the Chiloé archipelago and the Strait of Magellan, the final objective to be fortified for the Spanish empire. nation that was supposed to have existed until the 16th century between parallels 48° and 49° south latitude. 18th Century The year 1741 occurs the shipwreck of the British ship HMS Wager in the area of the Guayaneco Archipelago. Following the event Spain increased its interest in the region, increasing expeditions to the Isthmus of Ofqui and sending Franciscan and Jesuit missionaries who transferred canoeists. sank off the west coast of Patagonia, present-day Aysén, setting off alarms in Spain about possible foreign incursions into Patagonia Between the years 1762 and 1767 as well as 1798 the Jesuit J. Vicuña visited the region. Juan Levien received a title deed between parallels 43° and 48° south latitude after his assistance to José de Moraleda. In 1749 the rey Ferdinand VI of Spain ordered the construction of Fort San Fernando de Tenquehuén on the Taitao Peninsula, later dismantled. Previously the English admiral George Anson had promoted the creation of a settlement of his country on Inche Island. In 1792 an expedition under the command of Francisco de Clemente y Miró together with Luis Lasqueti to Inche Island in the Chonos Archipelago. In 1744 the Royal Officer of Santiago following orders from the Council of the Indies made a description of the kingdom that detailed the Magellanic Lands or Outer Chile within its jurisdiction: The limit described corresponds exactly with the extension of one hundred leagues of east–west width that was given to the governorship of Nueva Extremadura and provinces of Chile in the 16th century. With calculations made with data provided by geographers and pilots of the time of the conquest, it gives that the Spanish legua is more than 6 km today. With the calculation of the hundred leagues from the coast of the Pacific Ocean gives that approximately the limit reaches the 65th meridian west, in the gulf of San Matías, current port of San Antonio Oeste. On September 29 of the following year, the King forwarded to the Governor of Chile, Antonio de Guill y Gonzaga, the news about the islands that were made to reach Ruiz Puente. in 1798 including the Patagonian coasts and the settlements in this besides the name reyno de Chile The royal decrees spoke of the administration of the province of Nahuelhuapi by the kingdom of Chile. The projects of segregation of the corregimiento of Cuyo were fought by the Cabildo of Santiago since at least 1765. In 1775 a memorial written by Manuel de Salas was sent to the king in which the entities of Chile and Cuyo were declared indissoluble and that if the inclusion of the Cuyo Province to the Viceroyalty of the Río de la Plata was successful, the whole Kingdom of Chile was also asked to be incorporated to it. After the royal decree of October 27, 1777, the Viceroyalty of the Río de la Plata was declared constituted and under its jurisdiction: The southern boundary of the territories transferred to the new viceroyalty is the Diamante River, according to the founding act of the city of Mendoza but the order was never carried out by the viceroy of Peru, which was among his attributions since any royal order could not be executed until receiving the cúmplase from the viceroy. By royal decree of May 19, 1784, Chiloé was transformed into a intendancy and Francisco Hurtado del Pino was appointed governor intendant. However, due to various problems during Hurtado's administration, in 1789 the king reverted Chiloé to its status of political and military government, thus abolishing the intendancy. However, all official maps of the crown continued to show Chiloé and its district within Chile. The intendancy depended in religious matters on the bishopric of Concepción, while in military matters it had to commensurate its decisions with the commander of the Chilean Frontiers. Hurtado describes the limits of the new administrative entity: In 1787, the viceroy of Peru Teodoro de Croix detailed in his report the extent of the Viceroyalty of the Río de la Plata, stating: In 1787, the Intendencia de Santiago and the Intendencia de Concepción were created. The former had the Atacama Desert as its northern legal border; the latter extended to the Biobío River, plus some nearby territories, but on its left bank. According to what was communicated by the Spanish brigadier Ambrosio de Benavides Medina -appointed by King Charles III of Spain as governor of the Kingdom of Chile- and the regent Tomas Antonio Álvarez de Acevedo y Robles: The 3rd foundation of Osorno, authorized to Ambrosio O'Higgins by Royal Order of December 7, 1793, partially reduced the Government of Chiloé to the benefit of the Intendancy of Concepción. Its territorial limits, according to O'Higgins himself, were: , were called "Modern Chile". On February 23, 1802, by Royal Order, copies of Cano y Olmedilla's map were distributed to the ministries and the Council of the Indies. This map shows Patagonia within the Kingdom of Chile, noting there: "Modern Chile that the ancient geographers called Magellanic Land, of the Patagones and the Caesars, so celebrated by the vulgar as there are no nations in these countries more numerous and numerous than the Aucas, Puelches, Toelches and Serranos from whom other partialities that deal with the Spaniards originate". The Madrid government in 1802 authorized the sale of the map to the public. On December 20, 1783, the parliament in Lonquilmo was held, presided over by Ambrosio O'Higgins on behalf of Ambrosio de Benavides Medina. In this assembly, the indigenous peoples of the eastern Andes were incorporated into the four butalmapu, thus securing their loyalty to the monarch and ensuring the surveillance of the Magellanic Lands through the governors-general of Chile and the commander-in-chief of the Araucanian frontier army. In 1800, Spanish Army Lieutenant Colonel and First Captain of the Corps of Engineers, Agustín Ibáñez y Bojons, created a map of South America showing boundaries similar to those of the 1775 map by Cano and Olmedilla, with the difference that the Atlantic boundary of the Kingdom of Chile approaches the 36th parallel south instead of the 38th. Additionally, in its description reproduced in the 1942 book *Monumenta Chartographica Indiana*, written by Julio Guillén Tato for the Ministry of Foreign Affairs (Spain), it is noted that the map includes the "boundaries of the Viceroyalty of Buenos Aires", and that the map itself features the label "Fronteras de Buenos Ayres": The map was sent to State Secretary José de Urruña by Martínez de Cáceres in 1802, and Ibáñez himself sent it to the Spanish Government in 1804 with an operations plan to recover territories occupied by the Portuguese. 19th Century In the Archivo General de Indias is preserved a manuscript of the first delineator of the Hydrographic Repository of the Crown of Spain, the naval lieutenant Andrés Baleato. Created by a royal charter, it ends with three notes, in the second of which he enunciates: Baleato does not clarify where both Patagonian regions would be divided, according to the historian Isidoro Vázquez de Acuña, he only spoke of religious missions and military establishments, not of administrative boundaries, confusing the surveillance of the coast with territorial dominion and recognizing that Buenos Aires only had presence up to the Río Negro and the bay of San José. By order of the intendant of Concepción, the provincial mayor Luis de la Cruz undertook in 1806 the exploration of the road of the Chileans to the Atlantic. The intendant authorized it saying "how it could be extended to our establishments on the coast of Patagonia". Cruz was accompanied by a group of officers of the royal army of Chile and a short distance from Buenos Aires, he told the cacique aucae Curripilún: "You were always poor until the Spaniards came to these Chilean deserts to breed horses, cows and sheep for your sustenance". And in a memorial presented to the Court of the Consulate of Santiago in 1807, the explorer said: "The Consulate will find that this kingdom is united with that of Buenos Aires, leaving in our favor as much land as the kingdom of Chile can enjoy in all its extension. You will find that the land qualities are excellent for extending our cattle ranches, and that our commerce extends to Europe. You will find safe ways to defend us by the pathogenic coasts of our friends (the Indians) for defense, without multiplying expenses to the treasury and by means of them extend our discoveries and conquests to the most remote places". == Disputed territory ==
Disputed territory
The official maps of the Crown, and royal decrees mention the Patagonian region. The map of Juan de la Cruz Cano y Olmedilla of 1775, the Jesuit missions of the Archbishopric of Santiago that tried at the end of the 16th century to evangelize the Indians of Nahuel Huapi, and the settlements on the Atlantic coast The concept of uti possidetis juris was reaffirmed by Argentina and Chile in the Treaty of 1856, which ambiguously consigned the respect of the colonial borders between the signatory parties. The Eastern Patagonia dispute is based on the disagreement over the inherited boundary of the Spanish empire between Chile and the former Viceroyalty of the Río de la Plata. The dispute between the two states over the Patagonian territories east of the Andes begins from 1843 onwards, after the foundation of Fort Bulnes by Chile, often including much of the shore of the Strait of Magellan to varying extents in turn as Tierra del Fuego. Only one year earlier there was an incident in the mountainous area of Talca. == History ==
History
During the War of the Pacific, Chile focused its efforts on its north, as with the war against the Peru-Bolivian Confederation, neglecting for a while, the occupation of Araucanía, Eastern Patagonia and Pampa Seca, leaving them for later. In 1843 Chile founded Fort Bulnes and in the 1870s occupied the territory south of the Santa Cruz River, founding the settlement called Puerto Gallegos Rosas tried to reach direct agreements with the Pincheira, defending for Argentina what was the southern indigenous border of the viceroyalty of the Río de la Plata. from which it was segregated in 1776. The main commercial relations of Mendoza and the surrounding cities were still linked to the Pacific and not to the Atlantic. they sought to approach Minister Diego Portales, however, he rejected the offer, arguing that such an annexation would have been a great responsibility of a province located on the other side of the Andes. Calle insisted by sending him a letter on March 11 to his Hacienda Rayado, in La Ligua. He argued that the Andes were "a hundred times" less difficult to cross than the desert that separated Mendoza from Buenos Aires and the Atlantic. This letter went unanswered, and instead a trade agreement was signed on April 3, ratified in Mendoza on July 3 and in Santiago on October 22. Incident in the mountainous area of Talca, potreros of the Andes In the context of the tensions between the unitary and federal sides in River Plate politics, the presence of exiles from this country in Chile, and the cutting of commercial traffic with Mendoza ordered on April 13, 1842, by the Chilean president Manuel Bulnes, and the anger of the Mendocino governor José Félix Aldao (from the federal side of Juan Manuel de Rosas), a tense event occurs in March 1845, when the Chilean cattle rancher residing in Talca, Manuel Jirón, is approached by a gang of ten or twelve Argentine rustlers coming from Cuyo in his hacienda. They requested a payment of money in the name of the Governor's Office of Mendoza. They asked for payment for the cattle grazing that Jirón was doing in the pastures of El Yeso, Los Ángeles, Valenzuela and Montañés. Jiron paid the amount when they threatened to take away his animals, which he later confirmed to the Chilean authorities, expecting compensation for the money. The incident was known as the "mountain potreros issue". The territory where this occurred is located south of the Diamante River in the mountainous area of Talca, so the territory was understood by Jiron as part of Chilean jurisdiction. The Municipality of Talca was in charge of protecting the cattle ranchers in the area, and the investigation of the case showed that the aggressors came from San Rafael de Mendoza Fortress. The Government of Chile sent a note of protest to the Government of Argentina saying: To which Argentina did not protest. After the 1881 treaty the boundary divided the disputed area with the areas of Valle Hermoso, Las Leñas and the eastern sector of Paso Potrerillos for Argentina, and the lands near Curicó of Potrero Grande, Potrero Chico, El Planchón, Teno lagoons, those of the Maule river basin, such as the Maule river basin, such as the lagoon and river of La Invernada, and the sector of El Colorado for Chile. To achieve this objective, the government of President Bulnes sent a schooner (the "Ancud") to take possession of it in the name of the republic. The intendant of Chiloé Domingo Espiñeira organized and directed the operations that were executed by frigate captain John Williams Wilson, who finally carried out the Takeover of the Strait of Magellan on September 21, 1843, at the historic site of Puerto del Hambre, founding Fuerte Bulnes. This was done in part of the eastern section, that is, in a sector between the Andean mountain range and the Atlantic, so that from that moment Chile began to exercise rights of possession east of the Andes The addition of "and its territory" would later give Chilean chancellors the argument that the dispute with Argentina was not limited only to the shores of the strait, so that Chile's uninterrupted possession of it also granted it possession of a much larger inland area, at least as far as the Santa Cruz River. Due to the inhospitable climate it was not possible to form a large and stable population, the governor José de los Santos Mardones deemed it convenient to found the city of Punta Arenas in the Sandy Point (Punta Arenosa) in 1848, after six years of innumerable hardships, to the north of the territory and with a better climate. Once the population finished moving and settling in the city of Punta Arenas, Fort Bulnes began its decadence and its ruins were even set on fire by the Chilean Army artillery lieutenant Miguel José Cambiaso during the Cambiaso Mutiny. Between 1941 and 1943 the reconstruction of the fort was carried out and it was reopened in 1943. In 1852 the governor of Magallanes, Bernhard Eunom Philippi died in October of that year murdered by indigenous Tehuelche in an assault in the vicinity of Punta Arenas in Cabeza del Mar, while trying to resolve a local conflict by peaceful and diplomatic means, however, the reasons for his murder were not clarified by the authorities of the time, nor were the perpetrators of the crime convicted. The governor wanted to explore, populate and make southern Patagonia produce wealth. His death occurs when he was preparing to install an outpost to the north, which would have been followed by others, consolidating Chile's dominion in the southern territories. with Amunitegui's report as the basis, Chile also claimed to the north, up to the Río Negro in the Atlantic, and the Río Diamante, at the latitude of Buenos Aires, in the mountain range. The Argentine government upon learning of Amunátegui's book, commissioned Dalmacio Vélez Sarsfield in 1855 a response, which, in turn, was subsequently answered by Amunátegui. In 1856 a Treaty was signed between both countries which reaffirmed their commitment to the principle of uti possidetis juris, however, they maintained their respective differences on what this was. In 1859 the Argentine Luis Piedrabuena unofficially established a post on Pavón Island and in 1865 Welsh settlers in the service of Argentina established a settlement in Chubut with the intention of penetrating the territory in dispute between the two countries. During that year, in moments of tension with Chile, Argentina had sought accession to the Treaty of Defensive Alliance (Bolivia–Peru), a secret pact that sought to force Chile to accept the borders convenient to the three bordering states. The Argentine Chamber of Deputies in secret session approved the accession in 1873, but the government of Buenos Aires failed to reach an agreement with that of Bolivia over the Tarija issue. When Argentina offered Peru a bipartite treaty, Peru rejected the offer. After the capture off the coast of Patagonia of the Jeanne Amélie on 27 April 1876 and the Devonshire by the cañonera Magallanes on 15 October 1878 protests in Buenos Aires rose to such a degree that the government decided to send its sea fleet south to strengthen its claim in the area. In 1879, British Captain of the Chilean Navy Juan Tomás Rogers first sighted the glacier, which he named "Francisco Gormaz", after the director of the Hydrographic Office of the Chilean Navy, the sponsoring organization of the discovering expedition. Some years later, Rudolph Hauthal, attached to the Argentine Boundary Commission, came across the glacier, and decided to name it "Bismarck" in honor of the then Prussian Chancellor. It is currently known as Perito Moreno Glacier. The National Government, convinced of the need to preserve sovereignty on the Patagonian coasts, appoints the Vapor Villarino under the command of Captain Federico Spurr, to make the regular voyage between Buenos Aires and the ports of Patagonia. Río Gallegos, an Argentine settlement, was born when the Sub Prefectura Marítima (Maritime Sub Prefecture) was installed on December 19, 1885. Its destiny was apparently very modest, in the material aspect, but of dense content for its purpose: "To exercise permanent, direct and categorical dominion over the continental end of the country, within the framework of the defense of the Sovereignty". Dispute over the Strait of Magellan and the territories south of the Santa Cruz River Argentina claimed the Chilean takeover of the strait by means of the official letter of December 15, 1847, signed by the Minister of Foreign Affairs, Felipe Arana. The Argentine government responded by claiming for itself all the territory south of the Diamante River, including the Strait and Tierra del Fuego. In 1848, the Chilean government invited the Argentine government to a comparative study of sovereign rights over Patagonia. Argentina accepted, but asked to postpone the debate because it wished to gather the necessary cartographies and documents for its plea, and so it expressed this to Chile. Upon returning to the strait, Casimiro showed a great attachment to the Argentine cause, beginning to perform acts of sovereign presence in the area. In an interview with the governor of Punta Arenas in 1865, he expressed his virtual ignorance of Chile's jurisdiction over the eastern Patagonian territory, showing him that he was acting not as a Tehuelche but as an Argentine authority, by showing him that he was paid by the authorities of El Plata and that he had a high military rank. The cacique was definitively won, by means of gifts, honors and entertainments, to the Argentine cause. The governor replied that if he answered that he really felt he was Chilean he would give him 9 ounces of gold as payment for services, but Casimiro indicated that it would not be possible because he "was not Chilean, but Argentine". Casimiro waited unsuccessfully in San Gregorio for the ship with the materials. Faced with the possible decision of the governor of Punta Arenas to extend the dominion of the Magellanic colony to the Santa Cruz River, Piedrabuena asked the cacique to leave the bay and move his entire tribe to Pavón Island. Casimiro gathered his hosts from two nuclei, one in the pampas and the other, in January 1865, in San Gregorio; both groups united at a point called Comlel (this denomination corresponds to Coy-Inlet) In that same year, a party of Indians arrived in Punta Arenas, old acquaintances of the governor, carrying an Argentine flag (until that occasion they had entered with the Chilean flag). The Chilean representative, annoyed by the incident, told them that he would no longer allow them to enter the colony with that flag, and asking them for it, he gave them the Chilean flag in exchange, telling them that it was "a prettier one". The latter immediately made them fly them on their awnings. A year later, Juan Cornell continued to demand that the shipment of the vessel with the materials be fulfilled, and even offered a private vessel, so that it would not represent any cost for the state. The fact was that the Argentine government had its eyes and energies focused on the northern border, and with Argentina already engaged in the war against Paraguay, its leaders were convinced that it would be a serious mistake to generate a new source of conflict with the western country. Meanwhile, Casimiro's secretary, Doroteo Mendoza, perished strangely at the hands of a cacique, Piedrabuena and Casimiro still kept alive the hope of being able to realize the foundational project, so both remained patiently expectant, waiting for a new opportunity. But Piedrabuena was not discouraged, so that, without official support, he set sail from Buenos Aires on his fragile vessel to the southern regions on October 26, 1868, with the purpose of carrying out on his own the occupation of San Gregorio Bay for his country, a task that was thus reduced to his own human resources. . The navigation was tortuous due to the storms that accompanied him incessantly. First he went through his factory at Isla de los Estados and then to Isla Pavón, to finally set course for Punta Arenas. He was only able to anchor the "Espora" in the port of Punta Arenas in February 1869. During that year he worked on the Isla de los Estados. Finally he embarked, together with G. H. Gardener and two other men, for the strait. He tried to make land at the entrance of the strait to place the beacon, but furious storms prevented him from doing so, so he set course again for Punta Arenas. The day after arriving, he was visited by the governor, Lieutenant Commander of the Chilean Navy Oscar Viel y Toro, who recommended him "not to populate that colony, wait for a diplomatic resolution between both governments to remain in friendship", warning him that he was also authorized to prohibit it, counting on "artillery" to impose his purpose; in the same way he notified him that he would proceed in the same way with the luminous signal that the Argentine was planning to install at the eastern entrance of the strait. Piedrabuena at first gave in to the serious warning of the Chilean authority without insisting on his objectives, however, a few days later he sailed to San Gregorio Bay, where he arrived in March 1870, with the ships "Espora" and "Julia". On the shore of the bay, Piedrabuena had a wooden hut erected as an "observatory", with the apparent purpose of facilitating trade with the Tehuelches and the real intention of laying the foundations for the foundation of a colony. When Viel was warned, he ordered the construction to be dismantled and forced the Argentine sailor to leave the place. Faced with the possibility that the beacon he intended to erect would be destroyed by the artillery of Chilean ships, he decided to deposit it on Pavón Island until he received official authorization from the Argentine authorities, something that finally never happened because they wanted to avoid a conflict with Chile. Soon after, from Pavón Island, Piedrabuena returned to San Gregorio, surprised to see that the Chileans had not yet populated the port that had so dazzled him. There he met with Casimiro, to whom he warned him to be on the alert for the next moves of the Puntarenas authorities. Piedrabuena, displeased by the predictable hostility he was already suffering in Punta Arenas, and the attitudes of permanent rejection of the project he received from the succession of rulers who administered his country, wrote to a friend about his regret: . Around 1874, the cacique Casimiro died as a result of alcoholism, and with him, the influence that Argentina tried to exert in the Strait of Magellan finally ended, since all the Tehuelche caciques (Olki, Sámel, Kaile, Cholpa, etc.) swore loyalty to Chile, even Casimiro's son, the cacique Papón, and all of them were assigned salaries and food rations, as well as the Chilean state, and the Chilean state assigned salaries and food rations to them.) swore loyalty to Chile, even Casimiro's son, cacique Papón, and to all of them the Chilean state assigned salaries and food rations, just as the Argentine state did with Casimiro when he was alive. Luis Piedrabuena remained in southern Patagonia until mid 1875, when he settled permanently in Buenos Aires, where he died on August 10, 1883, at the age of 49; in 1878 his wife had died, at the age of 41, victim of pulmonary tuberculosis, contracted during the harsh southern winters. He achieved great renown in the colony of Magallanes from 1870 to 1890, to whom the governor Diego Dublé Almeyda granted the title of "Chilean Subdelegate of Patagonia" in 1873. Cacique Papón established an alliance with the Chilean governor Diego Dublé Almeyda, so that the seven hundred Tehuelches who adhered to his intentions, from the territory located between the Santa Cruz River and the Strait of Magellan, would also swear allegiance to the Chilean State, which appointed him subdelegate of Chilean Patagonia. The latter country, after renewing its alliance, would begin to populate the Magellanic continental coast from 1878 with sheep ranches, including in bahía San Gregorio, in addition to bringing cattle directly from the Falkland Islands. Adolfo Ibáñez Gutiérrez as Chilean Foreign Minister argued that the boundary with Argentina should be set at the 70th meridian west longitude, that is, to the east of the Andes mountain range, until it touched the Santa Cruz River, and from there to the Atlantic. To avoid a territorial and strategic imbalance. Ibáñez sent notes to the Argentine ambassador in Chile, Félix Frías arguing that the Strait of Magellan is of great importance to Chile, stating that the water mass is "not only her progress and development, but also for her very existence as an independent nation". by heading a diplomatic mission whose main objective was to prepare an alliance between Argentina and Chile against Spain. Lastarria was also in charge of negotiating the possession of Patagonia, proposing an agreement that left Argentina almost all of the territory in question, with the exception of Tierra del Fuego and some other nearby portions. On his return to his country, his negotiations were not too strongly condemned by the government, and were later one of the arguments used by the Argentine authorities to justify their subsequent domination of the great majority of Patagonia. Lastarria did not believe that Chile should possess those territories and, given his Pan-Americanist convictions, he was very reluctant to go to war over them. On February 22 of that year he sent his superior in the Chilean Foreign Office, Álvaro Covarrubias Ortúzar, a memorandum explaining why renouncing the claims to East Patagonia would be advantageous. At that time the Argentine president was Bartolomé Mitre, who having rejected Lastarria's offer, on July 28 of that same year decreed the formation of a settlement in Chubut, forty leagues south of Río Negro and in the middle of the Patagonian territory, in addition to the creation of the colony in the bay of San Gregorio in the Strait of Magellan. His successor, Domingo Faustino Sarmiento, who came to power in 1868, provided resources to the colonies created by Mitre in the region and promoted the formation of new ones through bills that were discussed in the Argentine Congress between 1871 and 1873. Until before that the balance was in favor of Chile as to the strategic advantage of controlling the region. Fierro-Sarratea Pact On December 6 of the same year, the Fierro-Sarratea pact was signed in Santiago de Chile by the Chilean Minister of Foreign Affairs Alejandro Fierro and the Argentine consul in Santiago Mariano Sarratea. The agreement was approved by both houses of the Congress of Chile and on January 14, 1879, the Chilean government informed the Argentine government that it approved it. However, the Congress of Argentina never approved the agreement, and thus, never came into effect. Article 6 established that until a boundary agreement was reached, Chile would exercise jurisdiction over the coasts of the Strait of Magellan and Argentina over East Patagonia coasts and its islands. On January 4, 1879, the corvette Cabo de Hornos commanded by Luis Piedrabuena arrived at Puerto Santa Cruz with the news of the cessation of hostilities between the two countries and carrying on board the surgeon major Federico R. Cuñado -grandson of the Spanish physician Gabriel Cuñado- in addition to carrying provisions, coal cargo and the launch steamboat Monte León needed to provide fresh water at Pavón Island, since the estuary of the river where the port was settled is brackish water. In addition, it would have arrived alongside the bomber República. For Chile, the pact had a very important effect because it allowed, at least, to postpone the border problems with Argentina and focus on the solution of its problems with Bolivia: on December 17, 1878 Hilarión Daza had ordered the collection of the 10 cents tax and a few months later the War of the Pacific would begin after Bolivia's refusal to revert the measure that violated previous treaties with Chile. Papón would be succeeded by his brother called Mulato in 1892, who ended up settling in a reserve in Chile, near Punta Arenas, until he died of smallpox in 1905. Diplomatic negotiations prior to the Treaty of 1881 Through historical maps it is possible to follow the course of the negotiations that led to the signing of the treaty. The Chilean maps show Argentine proposals of 1872, 1876 and 1879, as status quo between the two countries until the definitive boundary treaty was signed. Map of Seelstrang of 1875 On the right we can appreciate the Argentine map made by Seelstrang and Tourmente in 1875 that was used by the Chilean minister in Buenos Aires, Diego Barros, to communicate on July 10, 1876, to his government in Santiago a proposal for a solution from the Argentine foreign minister, Bernardo de Irigoyen, extended during the negotiations that preceded the signing of the 1881 Treaty of Limits. The proposal is drawn with a red line and is in fact very similar to what is today the boundary between the two countries. The map illustrates the difficulty of demarcation due to the lack of knowledge of the area. The map does not show any natural feature to mark the border, with the exception of some hills: Cerro Moore near Puerto Natales and further north Cerro Cay in front of the Guaitecas Islands. This Argentine map shows the Argentine interpretation of the 1856 Treaty marked as a line of crosses (++++). It can be seen that the border passes a few kilometers east of the Chilean city Punta Arenas and continues through the center of the Strait of Magellan towards the Pacific Ocean (northwest) leaving all the islands south of the Strait of Magellan as Argentine territory. Map of Carlos Prieto The following map on the right was made by the engineer Carlos Prieto of the Oficina Hidrográfica de Chile and published by the Chilean government in 1881 to show the genesis and content of the 1881 Boundary Treaty. Three proposals and the final solution are indicated in it: • Proposal of October 1872 marked with "----". This proposal offered to define the common border only up to the northern shore of the strait, leaving the division of the territories to the south for the future. The strait would be shared between Chile and Argentina. • July 1876 proposal marked with "-...-...-..." which is the one we have seen on the Seelstrang and Tour map above. In Carlos Prieto's map it can be seen that in the 1876 proposal the border is not the 52nd parallel, as it is today, but somewhat further south, in favor of Argentina. • May 1879 proposal marked with a line "......". This delimited all the territories with a line that divided the strait east of Punta Arenas and divided the Isla Grande de Tierra del Fuego between Chile and Argentina by Bahía Inútil, Admiralty Channel crossing the Beagle Channel to continue along the Murray Channel. It left Navarino, Picton, Lennox and Nueva as Argentine territory. The islands Hoste Island, Wollaston Islands, Hornos Island, etc., as Chilean territory. Proposition by Rufino de Elizalde Another map that is related to the gestation of the Treaty of 1881 is that of the proposal of the Minister of Foreign Affairs of Argentina, Rufino de Elizalde of March 1878. This map bears the minister's signature and is in the National Library of Chile. The boundary offered passes largely through canals, like that of May 1879, but leaves all islands south of the Isla Grande de Tierra del Fuego under Chilean sovereignty. The "legitimate boundary" of the map, i.e., the Argentine interpretation of the 1856 Treaty, is drawn with a blue line and runs west of Punta Arenas, leaving Punta Arenas in Argentine territory. Both Seelstrang and Tourmente's map (1875) and Rufino de Elizalde's map (1878) also show a point that would later be of fundamental importance in the Argentine argumentation during the Beagle conflict. Argentina postulated the bioceanic principle, according to which the uti possidetis juris of 1810, agreed in the Treaty of Limits of 1856, prevented Argentina from possessing coasts in the Pacific, Argentina assumed that implicitly Chile could not possess coasts in the Atlantic. The oceanic thesis would be one of the pillars of the Argentine presentation before the Arbitral Court of 1977. In both maps the Argentine interpretation of the Treaty of 1856 left Argentina in possession of extensive coasts in the Pacific Ocean in contradiction with that thesis. Arturo Prat as a spy in Buenos Aires In 1878 the now famous Chilean sailor, Arturo Prat, is sent to Buenos Aires as a spy and notes that the mood of the Argentine public was in favor of a war for Eastern Patagonia, as it was believed to be full of useful natural resources. He was promoted to frigate captain on . By the end of the following year, and following the Argentine government's intentions to mark sovereignty in Patagonia, particularly in the Santa Cruz River, On he arrived in Montevideo, where he introduced himself as a lawyer and writer, and stayed at the Hotel de la Paz. In December of the same year, he twice visited Buenos Aires, where he established contacts and met briefly with the president Nicolás Avellaneda. During his mission, he delivered a series of Argentine military and naval data requested by the Chilean government. He underestimated Argentina's effective military power, citing factors such as the impact of the economic crisis, the large number of foreigners and the inexperience of its sailors, but, at the same time, he warned about the accelerated preparations for war. On the possibility of conflict, he stated: The mission was not to his liking, so he requested his return to Chile after completing the essentials of his mission; on he received authorization to return to Chile, and landed in Valparaíso in mid-February. Treaty of 1881, the basis of the present boundaries of 1899 took place, which symbolized the acceptance of the border fixed in 1881, after years of border tension in the area The boundary treaty would be carried out between both disputing countries in the year 1881, with later corrections. These treaties ended much of the Southern Patagonia dispute, Argentina finally recognizing Chilean sovereignty over the entire Strait of Magellan, while Chile recognizes Argentine sovereignty over the Patagonian coasts north of the latter and the eastern portion of Isla Grande de Tierra del Fuego. The Treaty fixes the border at the highest peaks and the watershed to the 52° parallel. Chile in 1881 was fighting in the War of the Pacific against Peru and Bolivia, and with the treaty it also prevented Argentina from joining the alliance of its northern neighbors. Argentina previously in 1878 created the governorship of Patagonia, later, in 1884, the Law of National Territories (law 1532) is sanctioned, thus emerging the Patagonian territories with their own names: Neuquén, Río Negro, Chubut, Santa Cruz and Tierra del Fuego. For its part, Chile created in 1853 the Magallanes territory, covering all the territory claimed in Southern Patagonia, Subsequently, differences continued to arise over the international boundary. == Legal discussion ==
Legal discussion
During the boundary dispute, manuscripts from the Hispanic period—preserved in archives and libraries across both the Americas and Europe—began to circulate as instruments of legal support. In this context, territorial claims were legitimized through the ability to demonstrate a legal foundation behind them. For this reason, various authors, diplomats, and historians dedicated themselves diligently to collecting documents, analyzing them, and formulating interpretations aimed at defending the interests of their respective countries. The main author in favor of Chile was Miguel Luis Amunátegui and the main one in favor of Argentina was Vicente Gregorio Quesada. However, many of these official texts were subject to divergent readings or even contradicted one another, generating overlaps and interpretive disputes. All agreed that the legal and governmental documents alluded to the eastern Patagonia being within the jurisdiction of the Viceroyalty of the Río de la Plata. The historian Pablo Lacoste acknowledges the existence of contradictory reports from Spanish royal officials, with some having the "perception of the Andes mountain range as the eastern limit of Chile," compiling those precedents in a table that includes the document made by Francisco Hurtado in 1784 and others by Ambrosio O'Higgins, while among the precedents assigning Atlantic coast to the governorship of Chile under the "approach of Patagonia as part of the Kingdom of Chile" are the book by Manuel de Amat y Junyent from 1761, the travel diary of Luis de la Cruz, and the "geographical and historical dictionary of America" by Antonio Alcedo from 1786. However, Lacoste asserts that the documents expressing that the Andes are the eastern limit of Chile are qualitatively and quantitatively of greater weight than those expressing that eastern Patagonia forms part of the Kingdom of Chile. Nevertheless, Manuel Ravest Mora disagrees with his conclusions and interpretation of the documents, leaning in favor of the thesis that eastern Patagonia formed part of the Kingdom of Chile in 1810. a region that was expressly transferred by the Crown to the newly created viceroyalty of La Plata, in 1776. Something only affirmed by him and not by other Argentines such as Pedro de Angelis who stipulated that the region depended on Buenos Aires or Bernardo de Irigoyen. According to the documents of the founding of Mendoza, Cuyo reached only as far as the Diamante River to the south. The Junta de Poblaciones del Reino de Chile in an order of September 20, 1752 pointed out the limits corresponding to the corregimiento de Cuyo: Domingo Faustino Sarmiento, exiled in Chile, raised the possibility that Chile could possess the whole of Patagonia saying: The Argentine politician Juan Bautista Alberdi said: Later in the 20th century Argentine authors would argue that all territory south of the Biobío River belonged by right to Chile based on documents from the time of the Spanish empire. Prior to Amunátegui's report on Chile's historical rights over East Patagonia, and despite the knowledge of these by Bernardo O'Higgins, however, similar to the case of the Peruvian Amazon, the region was indeed claimed de jure by Spain. Foreign maps show Patagonia as res nullius, defying the Spanish claim or later that of the South American republics. == See also ==
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