Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880
No. 524.
Mr. Christiancy to Mr. Evarts.
Lima, Peru, December 31, 1879. (Received January 22, 1880.)
Sir: Referring to my dispatch No. 94, showing the events which led to the breaking up of the old constitutional government and the accession of Don Nicolàs de Piérola to the dictatorship, I have the honor to inclose you several decrees and addresses of the dictator showing the nature of the government established by him, and the nature of the means employed to carry his will into effect; all of which, as you will perceive, have the merit of clearness and brevity.
* * * * * * *
From these various papers you will be able to judge of the present status of the government here.
I enumerate these various papers in the statement of inclosures herein.
I have, &c.,
Nicolás de Piérola, Supreme Head of the Republic:
Considering:
- First. That the inhabitants of Lima and Callao, by their respective acts, have spontaneously invested me with the supreme authority in the State, with full and complete powers;
- Secondly. That the army and navy of the republic have adhered to this step, which has been long the general aspiration of the country, and that it is continued by the army in the south and by all the towns in telegraphic communication with the capital
I decree:
Sole Article. With the title of Supreme Head of the Republic I accept the position and powers with which I have been invested.
The chief clerk of the ministry of foreign affairs is intrusted with the publication and communication to the proper persons of this decree.
By order of his excellency.
The chief clerk of foreign
affairs,
E. Larrabure y
Unánue.
Letter to His Holineaa, Leon XIII.
Nicolas de Piérola, Supreme Chief of the Republic of Peru.
Most Blessed Father: A spontaneous vote of Peru, given simultaneously and unanimously by the people and the military and naval forces, has just invested me with the supreme command of the republic, with omnipotent powers, which, in accordance with national inspirations, manifested perseveringly for some time back, and with the most ardent desires of my heart, will be employed for the regeneration of the political institutions, which urgently demand it, striving before all else to prepare the triumph of our arms in the war in which we are engaged with Chili.
In communicating to your holiness my investiture with the supreme authority of this republic, so dear to the paternal heart of your holiness, I feel the most intimate complacency in solemnly ratifying the sentiments of unyielding faith and filial love with which I kiss the august hands of your holiness, asking from you your apostolic benediction.
[l. s.]
The secretary of state for the department of foreign affairs and worship:
The supreme chief has addressed the following letter to the chiefs of friendly States:
Nicolás de Piérola, Supreme Chief of the Republic of Peru.
Great and Good Friend: The unanimous acclaim of the people, the army and the navy of the country, has just invested me with the supreme magistracy of Peru, with omnipotent authority, which I shall exercise, keeping in view the regeneration which our institutions demand, hut above all and before all the triumph of the arms of the republic in the war in which it is engaged with Chili.
In announcing to —— —— my investiture with the supreme power, I have the very especial satisfaction of expressing the sentiments of loyal friendship in which I abound towards the and the person of , for whose prosperity and glory I offer the most sincere and fervent prayers.
[l. s.]
The secretary of state for the department of foreign affairs and worship:
Nicolás de Piérola, Supreme Head of the Republic.
Considering the inconvenience of the decree of interdiction of the 8th of November last, it is hereby annulled.
The secretary of finance is intrusted with the fulfillment, publication, and circulation of this decree.
- N. de PIÉROLA.
- Manuel A. Barinaga.
Provisional statute.
Nicolás de Piérola, Supreme Head of the State.
Inasmuch as it is my intention to conciliate the respect due to natural justice and the traditional policy of the republic, with the ample and speedy action which the regeneration of our institutions and the definite and glorious triumph of the national arms require—
I do hereby sanction the following provisional statute:
Article 1. The sovereignty and independence of Peru are the bases of its political and social existence.
Art. 2. The unity of the Peruvian family and the integrity of the territory, historically and juridically belonging to it, cannot be interrupted nor lessened without committing an act of treason against the country.
Art. 3. Article 4 of the old constitution relating to the religion of the State will remain unaltered.
Art. 4. The government guarantees primary instruction to all citizens, and encourages superior and scientific instruction.
Art. 5. The independence of the judicial power is sanctioned; but the government reserves to itself the right of watching effectively over the prompt and correct administration of justice.
Art. 6. The civil and penal codes remain in full vigor and force, whilst the necessary reforms are being initiated with regard to them.
Art. 7. Personal security, liberty, and property are guaranteed by the government.
The right to honor; equality in the eyes of the law; the liberty of the press, anonymous writings being prohibited; any such will be punished as pasquinades. Offenses, committed through the medium of the press will not change their nature thereby, and will therefore be judged by the respective courts.
[Page 829]“The liberty of industry, provided that same be in no way harmful.
The liberty of association.
The right of petitioning for justice or pardon, individually or collectively, but in due form and manner.
Art. 8. Treason against the country, military cowardice and insubordination, desertion in the field, peculation, breach of public trust, bribery, embezzlement of public property, premeditated and treacherous homicide, robbing in gangs, whatever be the condition of the guilty party or the character with which he be invested, will be judged according to military law during the present war, and capital punishment inflicted. The property of anonymous societies, industrial, mercantile, or banking establishments, will be considered as public property for the application of the sentence.
Art. 9. Civic virtues and brave and heroic deeds will be rewarded by the munificence of the nation through the medium of its head.
Art. 10. Acouncil of state is hereby created, composed as follows:
Of the archbishop of Lima.
The president of the congress of jurists.
The president of the supreme court of justice.
The president of the comptroller’s office.
The prior of the consulate court (of commerce).
The rector of the University of Lima, and six councillors more, who will be appointed by the Supreme Head of the Republic, and one of whom must be a general of the army.
Art. 11. The government will consult the council of state with regard to such matters as, in its opinion, may require it. It will also act as a court of appeal and final decision in all litigious questions connected with the administration.
Art. 12. This statute will remain in force until the republic be endowed with definite institutions.
The secretary of state for foreign affairs and worship, and temporarily for government and police:
The secretary of state for justice and instruction:
The secretary of state for public works, commerce, &c.:
The secretary of state for war:
The secretary of state for maritime affairs:
The secretary of state for financial matters:
Military organization of the Republic
Nicolás de Piérola, Supreme Head of the Republic.
Considering:
That it is absolutely necessary to furnish the country with a proper military organization in order to insure the defense of its sovereignty and integrity of its territory,
I decree:
- Article 1. The military forces of the nation will be formed of four armies in active service, as follows: Two armies of the south, styled first and second, respectively; one army of the center; one army of the north.
- Art. 2. The reserve forces of these armies will be divided into movable and stationary reserves.
- Art. 3. The following rule will be observed in raising the contingents for the formation of the different armies: Every Peruvian from 18 to 30 years of age must enter the army on active service, and those from 31 to 50 years old the reserve.
- Art. 4. The respective contingents will be formed by the sub-prefects of the provinces, and placed at the orders of the departmental authorities.
- Art. 5. The following are exempted
from obligation of belonging to the army on active service and
the movable reserves:
- 1st.
- All public employés in general.
- 2d.
- Professors of instruction exercising their profession.
- 3d.
- Members of colleges and universities.
- 4th.
- Those citizens who contribute 50 soles or more monthly for the war.
- 5th.
- Proprietors and employés of printing offices and printers.
- 6th.
- Lawyers and medical men exercising their professions, as proved by the respective license.
- 7th.
- Hospital and ambulance employés.
- 8th.
- The only sons of widowed mothers.
- 9th.
- The only brother of any citizen killed in the battles of the present war.
- 10th.
- All citizens physically disqualified for the profession of arms.
- Art. 6. The stationary reserve will be formed of the citizens exempted by the foregoing article, and the superfluous forces of the movable reserve.
- Art. 7. The contingents of the army on active service which result to be superfluous will join the reserves.
- Art. 8. The organization of the armies will be decreed separately.
- Art. 9. The secretary of state for war is intrusted with the fulfillment of this decree.
- N. de PIÉROLA.
- Miguel Iglesias.