[Translation.]
Señor Polar to Señor Garcia.
No. 23.]
Lima,
March 21, 1868.
Sir: I have received your note No. 37 of
the 27th of February last, with the accompanying papers.
Before all, I must say to you that under date of the 18th instant
General Hovey wrote to me asking leave to send me a copy of Mr.
Seward’s dispatch, which, I having answered him yesterday, he has
this day done, not only sending a copy of the dispatch, but also of
the consular protest made at Lambayeque. The notes exchanged in this
matter you will find in copy herewith inclosed—Nos. 1, 2, 3, and
4.
By copy No. 4 you will see that the government of Peru has fully
appreciated the conduct of the American cabinet, which, in refusing
from a very justifiable spirit to authorize the presentation of
claims which have not been previously qualified in Washington, in
full knowledge of all the circumstances and of the persons making
them, manifests that it has understood the necessity of coolly and
at a distance studying matters which are not always impartially
judged by a minister, however anxious he may be to keep within the
limits of what is just.
As to the latter part of Mr. Seward’s dispatch, referring to the
general policy of the government of the Union towards the American
republics, it is worthy of the eminent statesman who signed it, and
to whom, perhaps, more than to any one else in that country, is due
that cordiality which to-day is the distinctive character of the
relations between the United States and the other republics of the
continent.
With regard to the claims of American citizens, I will commence by
saying that this government has no knowledge of those of Americans
resident in Lima, referred to in Mr. Hovey’s note; those of
foreigners who suffered in Callao by the incidents of 6th November,
1865, will be laid before the next congress, in the manner shown in
(copy No, 5) the agreement relative to this matter entered into with
certain foreign representatives. If, for reasons with which you are
acquainted, the American minister took no part in this agreement,
his fellow-citizens will not on that account fail to enjoy benefits
thereof from the moment in which the American government sees fit to
adhere to the arrangement.
Neither does this government know of the damages which, it is said,
were suffered by certain American citizens in Lambayeque; but be
that as it may, the judicial power is the only one to qualify the
crimes committed and the responsibilities resulting therefrom. The
principal party accused, who was the sub-prefect of Lambayeque, Don
José Tomas Tello, has been ordered to be tried; and, as you will see
by copies Nos. 4 and 6, in the case of an English subject, who asked
for indemnity, it was decided that he must make good his rights
before the respective tribunal.
This government, in matters of diplomatic claims, is therefore
pursuing the principles prescribed by international law—its own
fundamental laws and certain resolutions which exist upon such
matters.
I now pass with regret to treat of the qualification of de facto given by the Hon. Mr. Seward to the
government at present ruling in Peru. However decided the opinion of
the American government may be as to the non-recognition of
governments springing from revolutions until the legalization of
their acts by a congress, there is no ground for that opinion in the
present case. General Canseco was by right called by the
constitution to govern, after the events which resulted in the fall
and expatriation of Pezet. So true is this, that, as you will see by
copy No. 7, General Hovey himself, under date of 20th November,
1865, asked Don José Manuel La Puento, then minister of foreign
affairs of General Canseco’s government, for an audience in which
to present in
[Page 896]
person his credentials to the President of the
republic. Owing to the occurrences at the end of that
month, the audience did not take place, but the precedents of this
recognition does not for that reason any the less exist. The
legality of the government being then interrupted by the
establishment of a dictatorship, which General Canseco, respecting
the constitution, declined to accept, General Hovey, on being
invited to recognize Colonel Prado’s government, did not do so
because the title of the chief of the state had been changed, as
appears from the following extract from the Report of Foreign
Affairs, presented to the so-called constitutional convention,
(congress:)
“On the inauguration of the transitory government of General Canseco,
General Alvin P. Hovey, who had arrived to succeed Mr. Robinson as
envoy extraordinary and minister plenipotentiary of the United
States of America, was in Lima. Both had asked for an audience to
present their respective letters when the political change of the
28th of November took place. Mr. Hovey then let me know, that
notwithstanding his sympathy for the new order of things, from which
he hoped much for the prosperity of the country, he had doubts
whether his credentials, which were addressed to the President of
the Peruvian republic, could be properly presented to the chief of
the nation, who had not the title of President, but that of supreme
chief; that he had accordingly consulted his government on this
point, and that until the latter should decide the question, he must
abstain from asking to be recognized in his political
character.”
It will be easy for the honorable Mr. Seward to note the difference
between the two cases. Whilst Colonel Prado destroyed the
constitution and arrogated to himself arbitrary powers, General
Canseco re-establishes the constitution, and in conformity therewith
takes lawful command of the republic solely for the purpose of
carrying out the prescriptions of the fundamental law, as but a few
days after his return to Lima he orders popular elections.
Mr. Seward, who at a conference had with Mr. Barreda, as appears in
the latter’s note, number thirty-five, of the 30th May, 1866,
expressed “his disgust that recourse should have been had to a
dictatorship and the constitutional way been set aside,” cannot but
agree that the present government of Peru is absolutely not in the
same position as those which may with reason be styled governments
de facto.
You are authorized to treat with Mr. Seward on the points contained
in this note, and to read and give him a copy of same should he
desire it.
God preserve you.
The Minister, of Peru,
in Washington.
Mr. Hovey to Señor Polar.
Legation of the United
States,
Lima, Peru,
March 18,
1868.
Sir: The undersigned, envoy
extraordinary and minister plenipotentiary of the United States
of America near the government of the republic of Peru, has the
honor to make known to his excellency the minister of foreign
affairs of the government of Peru, that he has, by the last
steamer from the north, received an important dispatch from his
government, in which he is directed to ask leave to send a copy
of the same informally to the de facto government of Peru.
Upon receiving his excellency’s reply, informing the undersigned
that said copy will be so accepted, the same will be immediately
transmitted.
The undersigned has the honor to assure his excellency, the
minister of foreign affairs, of his most distinguished
consideration.
His Excellency Señor Dr. Don Juan M.
Polar,
Minister of Foreign Affairs of the
Government of Peru.
[Translation.]
Señor Polar to Mr. Hovey.
The undersigned, minister of foreign affairs of the government of
Peru, has the honor to say to his excellency the envoy
extraordinary and minister plenipotentiary of the United States
of America, in answer to his dispatch of the 18th instant, that,
without accepting in any manner the name of government de facto, given by the government of the
United States to the government of Peru, (which I have the honor
of
[Page 897]
serving,) will be
pleased to receive in the manner indicated in your excellency’s
dispatch, a copy of the important dispatch of Mr. Seward, the
contents of which I have already had the satisfaction of
learning through the representative of my government in
Washington.
The undersigned takes the pleasure of reiterating to his
excellency, General Hovey, the assurances of his distinguished
consideration.
His Excellency General Alvin P.
Hovey,
Envoy Extraordinary and Minister
Plenipotentiary of the United States.
[Translation.]
Señor Polar to Mr. Hovey.
Inclosed in your excellency’s dispatch of to-day, I had the honor
of receiving a copy of the dispatch of the honorable Mr. Seward,
the one to which your excellency referred in your dispatch of
the 18th instant, together with the protest of the foreign
consuls, residents in Lambayeque, in reference to the incidents
that took place in said province in the beginning of
January.
As regards the official document of the honorable Secretary of
State of the United States of America, I make known to your
excellency that my government has seen in it a new proof of the
spirit of justification that always emulates the American
government, and that eminent statesman, whose conciliating and
sagacious policy cannot but produce propitious results in the
relations of both governments and countries.
Of the aforesaid protest, I deem it convenient to inform your
excellency that D. Santiago Feely, a British subject, has
presented, through the British legation, a document soliciting
the suspension from his duties of the sub-prefect of Lambayeque,
D. José Tomas Tello, and to be indemnized for damages, &c. I
have the honor to inclose an authentic copy of the decree issued
to that effect.
I avail this opportunity to renew to your excellency the
assurances of my distinguished consideration.
His Excellency the Envoy Extraordinary
and Minister Plenipotentiary
of the United States of America.
Mr. Hovey to Señor Polar.
Legation of the United
States of America,
Lima, Peru,
March 22,
1868.
Sir: I have the honor to acknowledge
the receipt of your excellency’s note No. 2, dated March 20,
1868, informing me that your excellency, without accepting in
any manner the name of government de
facto, given by the government of the United States to
the government of Peru, will be pleased to receive the copy of
the dispatch of the honorable William H. Seward, Secretary of
State of the United States, (the contents of which your
excellency has already had the satisfaction of learning from the
representative of Peru in Washington,) in the manner indicated
in my note of the 18th instant.
Your excellency will find inclosed a copy of the dispatch
referred to in our communications, together with a copy of the
consular protest, signed at Lambayeque.
I beg to assure your excellency that I have not the least desire
to raise any questions as to the form of the existing government
of Peru. Whether it be a government de
facto or de jure, or both, the
constitution and laws of Peru, together with the laws, of
nations, must decide; but your excellency will see by the
inclosed dispatch that I have simply complied with my duty, by
communicating with what my government is pleased to call a
government de facto. If the government of
Washington had regarded the present government of Peru as a
government de jure, there would have been
no necessity for any informal correspondence. The high
estimation in which my government holds his excellency Sr. D. J.
A. Garcia y Garcia, now the representative of Peru in
Washington, together with the ardent desire to cultivate lasting
relations of friendship between our respective governments, has
been the cause of placing within his knowledge the facts
contained in the said dispatch.
Hoping that such confidences may always exist between our
respective governments and representatives, I have the honor to
reiterate to your excellency the assurances of my most
distinguished consideration.
His Excellency Sr. Dr. Don Juan M.
Polar,
Minister of Foreign Affairs of the
Government of Peru.
[Page 898]
[Translation.]
It having been ordained by a supreme resolution of the 19th
of the present, published in the official bulletin
“Peruano,” No. 10, that the sub-prefect of the province of
Lambayeque, Sn. José Tomas Tello, be suspended from his
duties and held for trial, in order to investigate the acts
of which he is accused, by repeated complaints made to the
government; remaining expedite the right of the applicant to
place before the respective courts the accusations held in
this solicitude; return this solicitude to the charge
d’affaires and consul general of her Britannic Majesty, with
the corresponding documents.
Rubric of his excellency,
Mr. Hovey to Señor Puento.
Legation of the United
States,
Lima,
November 20,
1865.
The undersigned, envoy extraordinary and minister plenipotentiary
of the United States of America to the republic of Peru, has the
honor to request that your excellency will appoint a time and
place at which he may present his original letter of credence,
in person, to his excellency the President of the republic of
Peru.
An official copy of said letter of credence is herewith
inclosed.
The undersigned has the honor to offer to your excellency the
assurances of his most distinguished consideration.
Dr. José Manuel La Puento,
Minister of Foreign Affairs.
