No. 530.
Mr. Christiancy to Mr. Evarts.

No. 138.]

Sir: I have the honor to inclose to you the circular issued on the 17th instant by the secretary of foreign relations of Peru to her diplomatic agents abroad, in relation to the sale of nitrates by Chilian authority in the province of Tarapaeá, and to the alleged inhuman manner in which Chili is carrying on the war.

Probably you will receive the same circular from Mr. Tracy, the chargé d’affaires of Peru, if not already received. On the subject of the nitrates, you are probably sufficiently informed already, or soon will be, through the representative of Peru. (See my dispatches Nos. 112 and 117.)

* * * * * * *

This mode of carrying on the war by Chili has produced a strong feeling here among all the representatives of foreign (neutral) powers—English, German, Italian, and French. A protest of the diplomatic corps has been suggested, * * * not only against attacks made without notice upon the peaceable citizens of unarmed towns, but to insist that, before any of the towns upon the coast, even Callao, should be bombarded, a reasonable time should be given for the inhabitants, and especially neutrals, to remove themselves and property from danger, and for all foreign shipping to leave and all foreign consuls to remove their archives and effects to some place of safety; and that, if these reasonable demands should not be complied with, then to place the vessels of war of the neutral nations between the Chilian fleet and the shore, with orders to return any fire the assailing fleet might make upon the town.

There will, doubtless, be a meeting of the corps in a few days, and, if so, I shall endeavor to act coolly and with circumspection; and while I shall avoid protesting against any of the regular and legitimate means which one belligerent may, according to the more humane practices of [Page 839] modern warfare, properly use to weaken its opponent, I shall nevertheless join in protesting against all such measures as are supported only by savage or semi-barbarous practices of past ages, but condemned by the more humane codes of modern warfare. Humanity has some rights, even higher than those of belligerents.

I have, &c.,

I. P. CHRISTIANCY.
[Inclosure 1 in No. 138.—Translation.]

Circular to the diplomatic corps

Chili continues still further to advance on the path of illegal hostilities and of her own dishonor.

In my circular of 14th January to the representatives of the friendly powers, I have already denounced and condemned the attempts against the sovereignty and against the property of Peru, committed up to that time, as also the manifest abuse of the occupation of the province of Tarapacá, and all solely to carry out the condemnatory purpose of wresting from Peru the rich provinces of that territorial division of the republic.

Now, as you will see in the accompanying “Boletin,” by the proclamations published in Iquique on the 23d and 25th February last, Chili resolves to wrest from the hands of the nitrate refiners, nitrate, which, according to their respective contracts, was to be exported and sold as the property of the Peruvian exchequer, in order to export and sell it in favor of the Chilian treasury and as if it were its property; and on the pretext of a supposed demand for permission of the foreign holders of Peruvian bonds, it authorizes the extraction of guano from our deposits, which, it says, are occupied by its arms, although the latter are insufficient to maintain a real and permanent occupation, still circumscribed to certain deposits, which are not even mentioned in the said proclamation.

Although this supposes the perfect right of the said bondholders to obtain payment Of this credit by the means indicated, the permission involves the payment to the Chilian Government of twenty or thirty shillings per ton, a manifest defraudation, and the sole object of the license conceded, and every thing points to the conclusion that their petition has been brought about by a secret manœuvre, a veritable collusion to steal and divide amongst them the riches of Peru, made by those who in that fraudulent bargain have thought to find a quick, although disgraceful way of satisfying an asperation which they can with difficulty reconcile to their own conscience.

Against these attempts, dictated by an insatiable desire for the property of others, and on account of the urgent want of resources to continue an unjust war, the vandalic character of which is becoming more marked from day to day, the Peruvian Government sees itself under the necessity of making the declaration expressed in the decrees of the 15th instant, which you will find contained in the same “Boletin.”

You will also read in it the frank and loyal report of the secretary of hacienda, dated January 27, wherein he fully justifies all that has been done by the new government in regard to its external finances, consulting the interests of its creditors, notwithstanding the exigencies of the war.

Provoked to a war which it has never, for its part, been able to look upon o the wise than as a high continental expedient, and as a duel of honor, Peru finds herself opposed to an enemy who does not accept the combat on the same footing, and who is insensible to the noble sentiments of justice and chivalry, and, ignoring the most obvious principles of the law of nations, of humanity, and of civilization, converts an international struggle into a treacherous assault on defenseless persons, pillage, war without quarter, and destruction without limit.

To this frenzy which is even making Chili forget what she owes to herself as a Christian republic, Peru will uphold that manly perseverance which is necessary for the vindication of her right, and the reparation of the injuries at present inflicted on her through the scandalous abuse of force.

In the mean time she cannot but consider as accomplices of her enemy all those who, under the cover of a foreign flag, co-operate in the depredation of her rights and the increase of the rescources with which Chili tramples upon and outrages what the community of cultured nations regard as most sacred and respectable.

She will treat, therefore, such co-operators as enemies who, having broken by their [Page 840] own deliberate will the neutralty which they ought to observe for their protection, lose ipso facto all right to any protection, associating themselves in a work of usurpation and detention, which nothing can justify, inasmuch as in the present war, Chili, neither before nor subsequent to its declaration, has expressed any demand or pretension against Peru. Chili declares and makes war against Peru solely because the latter is the ally of Bolivia. This is the only cause of her hostilities. All that has not for its object the paralyzation of the forces of the republic, or the destruction, when the evident necessity requires it, of the elements which might be used to injure it, is iniquitous and contrary to universal morality and the law of nations, and authorizes reprisals in such measures as a nation respecting itself and being conscious of its imprescriptible duties, will not go beyond. You will please transmit the contents of this dispatch and the inclosed “Boletin” to the prime minister of the government where you are residing, and leave him a copy of both should he so desire.

God keep you, &c.,

PEDRO JOSÉ CALDERON.