No. 264.
Mr. De Long to Mr. Fish.

No. 440.]

Sir: I have the honor to forward for your information copy of protocol signed by the Peruvian and Japanese ministers on the 19th of June last, agreeing to submit the Maria Luz dispute for decision by the chief of some friendly state. (Inclosure No. 1.)

Also, copy of a further protocol between the same authorities, selecting His Majesty the Emperor of Russia as such arbitrator, and arranging the details of submission. (Inclosure 2.)

I have, &c.,

C. E. DE LONG.

protocol.

On the 19th of June, 1873, a conference took place at the department of foreign affairs of Japan, between the undersigned, Captain Aurelio Garcia y Garcia, envoy extraordinary and minister plenipotentiary of Peru, and Wooyeno Kagenori, His Imperial Japanese Majesty’s acting minister for foreign affairs, in reference to the discussion pending between the two governments, growing out of the case of the Peruvian bark Maria Luz.

The Peruvian minister opened the conference by referring to Mr. Wooyeno’s dispatch of June 14, 1873, stating that he had seen, with great satisfaction, the declaration of the minister for foreign affairs that the Japanese government, in the Maria Luz case, had no intention to affront the dignity of Peru, and added that he was sorry to be obliged to say that Mr. Wooyeno’s arguments to prove that no injustice had been done to Peruvian citizens did not satisfy him. Captain Garcia then explained at length all the points of disagreement between his views of the case as exposed in his note of 31st March, 1873, and those of Mr. Wooyeno’s in reply, and concluded that the Japanese government, in his opinion, had not proved their irresponsibility.

The minister for foreign affairs discussed the several objections presented by the Peruvian minister, and endeavored to demonstrate that in the case of the bark Maria Luz the Japanese government had acted in strict observance of law and the principles of justice.

A long and frank discussion ensued between both ministers, each one sustaining his arguments and conclusions.

It being evident that each government thought itself in the right, and neither being willing to yield any point to the other, this irreconcilable diversity of opinion, united to the earnest desire expressed by both of cultivating the most friendly relations, led the undersigned in representation of the governments of Peru and Japan to agree to submit the case to the decision of an impartial judge, to be the chief of a friendly state.

[Page 618]

The undersigned will, as soon as possible, agree upon the selection of the arbitrator and the manner of submitting the case to him.


  • AURELIO GARCIA y GARCIA.
  • WOOYENO KAGENORI.

A true copy:

J. FREDRICO ELMORE,
Secretary Peruvian Legation.

protocol.

The undersigned, Captain Aurelio G. y Garcia, envoy extraordinary and minister plenipotentiary of Peru, and Wooyeno Kagenori, His Imperial Japanese Majesty’s acting minister for foreign affairs, having stipulated in the agreement of which a protocol was signed on the 19th day of the present month, that the difference pending between the two governments growing out of the Maria Luz case be submitted to the arbitration of the chief of a friendly state, have, at a further conference, held at the Gwaimusho on the 22d day of June, 1873, agreed on behalf of their respective governments to refer the case to the decision of His Majesty the Emperor of all the Russias as arbitrator.

They have also agreed—

1st.
That the note to be addressed by both governments to the government of His Majesty the Emperor, requesting his acceptance, shall be dispatched by them respectively in the course of the month of December of the present year.
2d.
Within twelve months after the date of the acceptance by His Majesty, each government shall present its case to the arbitrator. The evidence to be presented may comprise such documents, official correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases.
3d.
Within six months from the date of receiving the notification of the arbitrator’s acceptance, the respective parties shall transmit to each other copies of all the papers which they intend to submit to his consideration, but each shall be at liberty to present to the arbitrator any rebutting evidence and such arguments as it may deem proper; for this purpose either government may appoint an agent or agents near the court of His Majesty to conduct its case before the arbitrator.
4th.
The arbitrator shall be requested to decide if the claim of Peru is well founded, and if it is what indemnity shall be paid by Japan.
5th.
The award of His Majesty the Emperor of all the Russias shall be considered as absolutely final and conclusive, and full effect shall be given to such award without any objection, evasion, or delay whatsoever.

And whereas the bark Maria Luz, abandoned by her captain, now lies in the Bay of Yokohama, in charge of a guardian placed on board of her by the then representative of Peru, in Japan, the Hon. C. E. De Long, minister of the United States, and with the consent of the Japanese government; and whereas that guardianship has been and is now the cause of daily expense, the undersigned, equally desirous to bring to an end this state of things, have agreed that the ship shall be sold in public auction for the benefit of all parties interested in the vessel.

Both governments declining to receive the proceeds of the sale, such proceeds, after the payment of the expenses of keeping the ship since her abandonment, are to be deposited in a bank of Yokohama, to await such disposition as may be ordered by a competent court or by the arbitrator.

In testimony of which the undersigned have subscribed and sealed the present agreement, which shall be approved by the President of Peru.


[l. s.]
AURELIO G. y GARCIA.

[l. s.]
WOOYENO KAGENORI.

A true copy:

J. FREDRICO ELMORE,
Secretary Peruvian Legation.