[Translation.]

Señor Polar to Señor Garcia.

No. 23.]

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.

J. M. POLAR.

The Minister, of Peru, in Washington.

Mr. Hovey to Señor Polar.

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.

ALVIN P. HOVEY.

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.

JUAN M. POLAR

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.

JUAN MANUEL POLAR.

His Excellency the Envoy Extraordinary and Minister Plenipotentiary of the United States of America.

Mr. Hovey to Señor Polar.

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.

ALVIN P. HOVEY.

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,

POLAR.

Mr. Hovey to Señor Puento.

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.

ALVIN P. HOVEY.

Dr. José Manuel La Puento, Minister of Foreign Affairs.