[Translation.—Confidential.]
Mr. Barreda to Mr. Seward
Washington,
December 13, 1866.
Sir: I have had the honor to inform your
excellency verbally that the governments of their Majesties the
Queen of Great Britain and the Emperor of the French had expressed
to my government and its allies the desire of exercising their good
offices for the establishment of peace, and the settlement of
questions pending between them and Spain. For that object their
representatives in Lima addressed to the secretary of foreign
affairs of Peru the enclosed note, marked No. 1.
[Page 780]
As your excellency will observe, the purpose of those governments was
to learn the feelings and intentions of the allies, to enable them
to formalize a proposition which might be acceptable to the
belligerents.
My government replied in the terms embodied in the enclosure No. 2,
which, while it conveys its gratitude for the offer of mediation,
also explains the necessity of consulting the allies before coming
to any decision.
On the 11th of November the representatives of France and Great
Britain addressed the enclosed note, marked No. 3, to the government
of Peru, to ascertain the opinion of the allies concerning their
tender of good offices. My government answered in the terms of the
enclosure No. 4.
It appears, from this correspondence, that the mediating powers had
not been made officially acquainted with the feelings and opinions
of the allies to assist them in the formation of an acceptable
proposal; but, notwithstanding this, their representatives in
Santiago, on the 7th of November, presented, by order of their
respective governments, the bases which your excellency will find in
the protocol, marked No. 5.
The terms of that proposal are such as to render it impossible to
enter into discussion concerning them, and the proceeding of the
representatives of Great Britain and France has caused the
revocation of the conditional acceptance of their friendly offices
by the Chilian government.
The enclosure No. 6 contains the expression of opinion of Chili, and
that of my government is embodied in the despatches marked Nos. 7
and 8.
But the rejection by the allies of a proposal humiliating and
incompatible with the position which they have secured by arms in
the contest to which they have been provoked, does not involve the
refusal of every plan of settlement. They are prepared to make peace
with Spain upon honorable and dignified bases which shall end
satisfactorily the present difficulties and lend guarantees for the
future.
My government, animated with these sentiments, accepts without
reservation the plan of arrangement proposed by your excellency,
which I had the honor of communicating to it in my confidential note
No. 168, of the 8th of October last, in terms approved by your
excellency; and it will use its best efforts to obtain the
unreserved acceptance of that plan by Chili, Bolivia, and
Ecuador.
My government awaits the extension of the invitation of your
excellency to the other allied governments and Spain to unite for
the realization of this idea, and, as soon as it shall know that it
has been done, will associate its action with that of your
excellency.
I improve this opportunity to renew to your excellency the assurance
of my most distinguished consideration.
Hon. William H. Seward, &c., &c., &c.
No. 1.
[Translation.]
Messrs. Barton and De Lesseps
to Mr. Pacheco
Legation of France in Peru,
Lima,
September 21, 1866.
The government of his Majesty the Emperor of the French, and that
of her Majesty the Queen of Great Britain, are desirous of
seeing the re-establishment of peace between the allied
governments of Peru, Chili, Bolivia, and Ecuador on the one
side, and of Spain on the other. They are for this effect
disposed to offer simultaneously their good offices.
However, the governments of the undersigned have no certain data
concerning the feelings and intentions of these republics which
may permit them now to formalize a proposition and fix upon the
bases of a subsequent arrangement whose acceptance might be
recommended to the allied States, as well as to Spain
herself.
Consequently, and to conform with instructions recently
transmitted to them, the under
[Page 781]
signed have the honor to beg that his
excellency the secretary of foreign affairs may declare whether
his government partakes of the same peaceful ideas, and if it is
disposed to accept on its part the friendly office which the
undersigned have the order to offer it in the name of their
respective governments.
The undersigned are authorized to inform his excellency Mr.
Pacheco that analogous orders have been prescribed to the
ministers and agents of the two countries accredited in the
allied republics, and near the court of Spain.
The undersigned improve the present occasion to renew to his
excellency Mr. Pacheco the assurances of their highest
consideration.
JOHN BARTON.
E. De LESSEPS.
His Excellency Dr. T. Pacheco, Secretary
of Foreign Affairs.
No. 2.
[Translation.]
Mr. Pacheco to Messrs. Barton and De Lesseps
Office of Foreign
Affairs, Lima,
September 27, 1866.
The undersigned, secretary of foreign affairs of Peru, has had
the honor to receive to-day the note addressed to him by the
honorable chargéd’ affaires of France, and the honorable
chargéd’ affaires of Great Britain, manifesting to him that
their governments, desirous of seeing peace re-established
between Peru and the allies on the one side and Spain on the
other, are disposed to offer, simultaneously, their good offices
for this end.
The honorable Messrs. Lesseps and Barton desire to know if the
government of Peru participates in the same peaceful ideas, and
if it is willing to accept such good offices, and add that the
same intimation was to be made to the allied republics and
Spain.
The government of Peru, considering the war only as a means of
obtaining peace, cannot but receive with gratitude the
indications of friendly governments for the accomplishment of
that end, but the alliance of Peru with the republics of
Bolivia, Chili, and Ecuador, creates for her the inability to
adopt alone a definite decision. This must be the result of
accord between the four allied governments. She cannot say that
she accepts those good offices, because the other allied
governments may have strong motives for not doing so, which may
even be considered conclusive by the Peruvian government;
neither can shere fuse them, for an analogous reason in an
opposite sense. To be able to give them a definite answer, it is
indispensable that the government of Peru should previously
consult the governments at Quito, La Paz, and Santiago.
The governments of France and Great Britain, which have been
placed in an identical position, are too competent judges in
matters of honor, and of the duties imposed by an alliance, not
to do justice to the feeling which has caused this reply, and to
be convinced that the Peruvian government views the offer of
good offices as a proof of friendship.
The undersigned begs to renew to the honorable Messrs. Lesseps
and Barton the assurance of his most distinguished
consideration.
To Messrs. E. Lesseps, Chargéd’
Affaires, France.
J. Barton, Chargé
d’ Affaires, Great Britain.
No. 3.
[Translation.]
Messrs. Barton and De Lesseps
to Mr. Pacheco
Legations of rance and Great
Britain, Lima,
November 11, 1866.
The undersigned, chargés d’affaires of his Majesty the Emperor of
the French, and of her Majesty the Queen of Great Britain, have
the honor to remind his excellency the secretary of state in the
department of foreign affairs, that in his despatch of the 27th
of September last, relative to the offer of good offices made by
their governments, he was pleased to inform them that in order
to be enabled to give a definite reply it was considered a duty
to consult the cabinets of Santiago, La Paz, and Quito.
[Page 782]
The opinion of those three cabinets in this regard being known
now at Lima, the undersigned would thank his excellency the
secretary of state in the department of foreign affairs, if he
should be pleased to enable them to inform their governments by
the mail of the 14th instant of there solution taken by the
Peruvian government.
The undersigned improve with pleasure this new occasion to offer
to his excellency the secretary of state in the department of
foreign affairs, assurances of their most distinguished
consideration.
JOHN BARTON,
E. De LESSEPS.
His Excellency the Secretary of State In
the Department of Foreign Affairs
No. 4.
[Translation.]
Mr. Barreuechea to Messrs. Barton and De Lesseps
Department of Foreign Affairs,
Lima,
November 13, 1866.
The undersigned, assistant secretary of foreign affairs, has the
honor to address himself to the honorable chargés d’affaires of
his Majesty the Emperor of the French, and of her Majesty the
Queen of Great Britain, to inform them, first of all, that the
secretary, Don Taribio Pacheco, having been obliged to absent
himself on an important service without the time necessary to
give them notice of an absence which, contrary to all
expectation, has been prolonged until now, the undersigned has
been charged by his excellency the supreme chief with the
department of foreign affairs, under the supreme resolution of
May 23d last, inserted in the “Peruano” of the same date.
The undersigned has received, yesterday, the note of the
honorable chargés d’affaires of the 11th instant, reminding him
that in order to reply to the offer of good offices made to Peru
by France and England it was believed necessary to consult the
opinions of the cabinets of Santiago, La Paz, and Quito, and
that this now being known at Lima, they desire to inform their
respective governments, by the steamer of the 14th, of the
determination of the Peruvian government. His excellency the
superior chief has ordered the undersigned to reply to the
honorable chargés d’affaires in the following terms:
The government of Peru receives with the greatest consideration
and gratitude the offer of mediation of France and England, but,
compromised by a treaty of alliance with Bolivia, Chili and
Ecuador, it could not reply definitely without consulting its
allies.
The government of Chili has declared in an individual way, and
under certain reservations that it was disposed to accept the
mediation of France and England, but as the precise terms of the
reply of the cabinet of Santiago are not known to Peru, it does
not imply for her a consummated fact. The governments of Bolivia
and Ecuador have not yet given their opinion, and await an
understanding with their allies to enable them to reply.
The government of Peru, from a sense of duty and loyalty towards
these, has not yet had the satisfaction of giving a definite
answer to the honorable chargés d’affaires of France and
England.
Similar causes have also prevented it from replying to the
government of the United States, which, as early as the 24th of
May last, offered its mediation to Peru, by the medium of its
minister in Lima, and the undersigned mentions this circumstance
so that the honorable chargés d’affaires may excuse the delay
which has existed until now in replying to their offer of good
offices, considering that the same fault exists also in regard
to an offer of mediation previously made.
So his excellency the supreme chief waits to ascertain the
definite opinion of all his allies in order that he may give to
General Hovey and to the honorable Messrs. Lesseps and Barton a
final answer, which may contribute to the realization of the
important ends which friendly nations have proposed.
The undersigned is pleased to assure the honorable chargés
d’affaires that that answer will not be long delayed, and
improves this first opportunity to offer to the honorable
chargés d’affaires of France and Great Britain the assurance of
his highest consideration.
[Page 783]
No. 5.
[Translation.]
Protocol of the conference of the 7th of November, 1866, between the minister of foreign affairs of Chili and the
chargés d’affaires of France and England.
Mr. Thomson, chargé d’affaires of her Britannic Majesty,
explained that he had asked for this conference in the name of
his colleague, Señor Flory chargé d’affaires of France, and
himself, in order to lay before the government, of Chili, by
order of their respective governments, a proposal for the
re-establishment of peace between Chili and Spain. That proposal
was in the following terms:
1. Reciprocal declarations on the part of Chili and Spain in the
same spirit as those which were proposed in the memorandum addressed by the governments
of France and England to the cabinet of Madrid on the 7th of
December of the last year when they interposed their good
offices, with the exception of the exchange of salute, which
would be omitted because of the absence of the Spanish flag from
the waters of the Pacific.
2. Re-establishment in its full force and vigor of the treaty
between Peru and Spain of the 27th of January, 1865.
3. Declarations on the part of Bolivia and Ecuador
re-establishing the same state of things as existed prior to the
declaration of war.
4. Revoking of all measures adopted by the governments of the
allied republics against Spaniards since their respective
declarations of war, and especially those which refer to their
expulsion, and to the conditions imposed on their remaining and
the imposition of American citizenship.
5. Reciprocal indemnity for all damage caused after the
declaration of war by acts independent of military operations,
or in virtue of official measures foreign to the execution of
such operations.
6. Exchange of prisoners.
7. Reciprocal return of all prizes made in whatever manner by
both, without right to establish claims for damages, or to seek
indemnity for such prizes as any of the belligerents may have
destroyed.
The minister of foreign affairs answered that the nature of the
negotiation having entirely changed, because of the presentation
of bases without awaiting the explanation of the views of his
government which had been asked, he could not enter upon the
discussion of these new propositions without having previously
consulted the governments of the allied republics; that he would
consult them by the next mail, and as soon as their reply was
received he would communicate the decision of the Chilian
government in relation to the bases now presented.
In faith of which the minister of foreign affairs of Chili, and
the chargés d’affaires of France and England approved and signed
the present act in triplicate.
Santiago, November 7,
1866.
A. COVARRUBIAS.
W. TAYLOR THOMSON.
FLORY
No. 6.
[Translation.]
Señor Covarrubias to
Señor Martinez
No. 144.]
Santiago,
November 9,1866.
The chargé d’affaires of her Britannic Majesty presented me
yesterday with a copy of the bases upon which a settlement of
our present contest with Spain could be reached, intimating that
they should only be considered as bases for discussion.
I had already received beforehand information of the step to be
taken by Mr. Thomson, and although I was unacquainted with the
stipulations of the propositions mentioned, I had agreed with
Señor Pacheco not to express to the British diplomat any opinion
concerning them, and had promised him that only after having
submitted them to the other allied governments would I transmit
to him and his French colleague the resolution which it should
in common be thought proper to adopt.
Thus, in fact, I did, intimating at the same time to Mr. Thomson
that in the presentation of those bases of arrangement, a
notable deviation from the primitive form in which the
governments of France and England offered to the Chilian
government their good offices was observed.
As you will notice on referring to the last of the copies
mentioned, from no point of view are those bases acceptable.
However much we may desire peace, we would never agree to it
rather than subscribe to such conditions.
[Page 784]
I do not doubt that the government of Peru is of the same
opinion, and in charging you to communicate to it what I have
said, and to give me in due time its reply, the only end I have
in view is to fulfil my promise to the representatives of the
governments of France and England.
God preserve you!
No. 7.
[Translation.]
Señor Martinez to Señor Covarrubias
No. 245.]
Legation of Chili in
Peru, Lima,
November 20, 1866.
I have had the honor to receive your despatch No. 144, of the 9th
instant.
In fulfilment of your instructions, I have informed this
government of its contents, and laid before it the protocols
referred to. The reply of his excellency Señor Prado, personally
given me, is as follows: That the bases of arrangement proposed
to you by Señor Thomson, chargé d’affaires of her Britannic
Majesty in Santiago, are from every point of view unacceptable,
and so much opposed to the legitimate interests of Peru and her
allies, that it would be neither possible nor decorous for this
government to open discussion concerning them. He added that
until now he had not pronounced any opinion on the French and
English offer of mediation because he had hoped that the allies
would have agreed among themselves as to their reply, especially
as a previous suggestion of the government of the United States
was awaiting decision; but that since the representatives in
Santiago of the mediating powers had presented extensive bases
of settlement to Peru and her allies, (and, as I have said,
entirely unacceptable,) this government was obliged to excuse
itself from even entering on the discussion of those bases.
Explaining the positive reasons for that refusal, his excellency
the supreme chief observed that it appeared to him that the
mediating powers themselves would already be found embarrassed
for the performance of the duty of mediators, since they had
commenced by declaring opinions that the American republics
cannot but consider injurious to their legislative interests and
rights. Even in mediation there is a certain kind of prejudgment
incurred when the mediator anticipates his decision, giving it
to be understood that he holds in less esteem the cause of one
belligerent than of the other, as happens in the present case,
for not one of the bases embodied in the protocol of the 7th of
November consults the condition of the question or the rights
which the republics of America have acquired over their
enemy.
Besides, his excellency Señor Prado regrets that the acceptance
of good offices by the government on the 2d October, with
reference to the proposition established in the protocol of the
previous day, has resulted in nothing, for no other reason than
that the mediating governments have themselves reversed the
substantial order of proceedings.
Such is the reply which this government has given in regard to
the contents of your despatch No. 141, and which I hasten to
communicate to you.
God preserve you!
Minister of Foreign Affairs of
Chili.
No. 8.
[Translation.—Confidential.]
Señor Pacheco to Señor Barreda
No. 219.]
Department of Foreign
Affairs, Lima,
November 21, 1866.
I have carefully read your despatches Nos. 168, 169, 174, 189,
193, and 196, and have informed his excellency the supreme chief
of their contents.
You will find annexed copies of the bases of arrangement proposed
by France and England of a communication addressed by Señor
Covarrubias to Señor Martinez, and of the reply of the latter;
all of which documents have been received from the Chilian
legation. The despatch of Señor Martinez contains the expression
of opinion in this matter on the part of the Peruvian
government, and this is formed entirely in conformity with that
manifested by the government of Chili.
You have perfectly understood the spirit and tendencies of such
propositions as those offered to us, and it is truly surprising
that the governments of France and England should have qualified
them as moderate when, even in the event of Spain having
obtained a complete triumph over the allied, republics, they
would not voluntarily have accepted any arrangement which would
imply a full confession of their impotency and dishonor.
[Page 785]
As you have very well said, to declare in force the treaty of the
27th of January would be to condemn the revolution which took
place in Peru for its destruction, and the absurdity of such a
proposition ought not to be hidden from the statesmen of France
and England, who undoubtedly are acquainted with the events
which have occurred in these republics during the conflict with
Spain. Moreover, it is well known that the celebration,
ratification, and fulfilment of the treaty of the 27th of
January have given rise to a criminal suit, actually in progress
before the central court; and it is
impossible to conceive how Peru can now declare satisfactory
that which she has considered and still considers as one of the
gravest faults committed by the government of General Pezet.
The foregoing observations on one of the proposed bases of
settlement furnish sufficient excuse for not proceeding to
analyze the others.
From what I have said, it must not, however, be deduced that it
is the determination of the government of Peru and of their
allies to continue the prosecution of the war at all hazards,
closing their ears to every proposal of agreement. The allied
republics are ready to make peace with Spam, but always
providing that it be an honorable and worthy peace, with
sufficient guarantees for the future.
Among the various means of arrangement until now presented the
only one which seems acceptable, without restriction to the
Peruvian government, is that recently indicated by the
government at Washington. We accept it at once, and will employ
our best endeavors to pursuade Chili, Bolivia, and Ecuador to do
the same.
If Spain is sincere in her desires for peace, she will hasten to
accede to the plan proposed, and in this manner the grave
questions which to-day divide us may receive a prompt solution,
which has seemed to have, been deferred by the means proposed
for their termination.
We hope, then, that in view of our decision, the honorable
Secretary of State of the United States will hasten to invite
the other allied governments and that of Spain to assist in the
realization of this plan; and we only await being advised of his
having done so to unite our action with that of Mr. Seward.
God preserve you!
The Envoy Extraordinary and Minister
Plenipotentiary from Peru to the United States.
