Mr. Hovey to Mr.
Seward.
No. 153.]
Legation of the United States,
Lima, Peru,
October 14, 1868.
Sir: As a significant sign of the feelings of
the politicians of Peru, I have the honor to herewith transmit the
original and translation of a proposition presented in the house of
deputies on the 12th October, 1868. This law was proposed by the speaker
of the house, and seconded by Dr. Rafael Velarde. The first, Dr. Aviedo,
is a well-known lawyer, and formerly minister of justice and of foreign
affairs. The second is also a lawyer of prominence, and was one of the
commissioners appointed by the Canseco government to decide upon the
Callao claims.
It will be observed that this proposed law is but the sequence of the
doctrines contained in the opinion of Doctor Areta, the attorney general
of Peru, referred to in my dispatch No. 150, dated 30th September
last.
I have the honor to be your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Translation.]
PROPOSITION.
The congress of the republic of Peru, considering—
1. That the nation is not and cannot be responsible for the damages
and injuries inflicted on the interest of private persons, by a
force superior to it;
2. That, setting aside this principle, sustained by the principal
nations, indemnification has been demanded for several
foreigners;
3. That it is the duty of congress to put an end to these abuses,
making the proper declaration—
The following law is declared:
Article 1. No privilege is conceded to
foreigners to demand from the government of the republic, as
indemnification, compensation, or any other pretext, the injuries or
damages suffered by their interests in consequence of political
commotions, tumults or other causes, only excepting the case where
such injuries have been caused by legitimate authorities.
Art. 2. Foreigners who may be injured have
their right acknowledged to take legal steps against the injurer, in
all kinds of indemnity, and in conformity with common law, and in
the cases prescribed by it.
Let it be communicated.
RAFAEL VELARDE.
Lima,
October 12, 1868.
(This was passsed to the diplomatic committee.)
