Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 528.
Mr. Evarts to Mr. Chrtstianey.

Department of State,
Washington, March 1, 1880.

No. 63.]

Sir: Your dispatch, No. 106, of the 21st January last, has been received. It is accompanied by translations of certain recent decrees of the Peruvian Government and copies of circulars addressed by the minister of foreign affairs of Peru to the representatives of friendly nations. All these inclosures, with the exception of those which you number 6 and 7, relate to internal affairs of that country, and do not appear to call for any special instructions. One of the papers referred to, however, assumes that Chili has seized those nitrates on the Peruvian coast which Peru claims as her own, and is exporting their products in neutral vessels, and that, therefore, Peruvian cruisers will not respect a neutral flag detected in that business.

Although in the present subdued condition of the Peruvian navy there may not be much risk of capture of neutral vessels by the Peruvian men of war, it is proper that you should remind that Government of the eighteenth article of its treaty of 1870 with the United States, which expressly stipulates that free ships shall give freedom to goods, and that everything shall be deemed free which shall be found on board the vessels belonging to citizens of either of the contracting parties, although the whole lading or a part thereof should belong to the enemies of either, articles contraband of war always excepted. It seems clear, therefore, that if a Peruvian cruiser should capture an American vessel whose cargo, in whole or in part, should consist of the nitrate referred to, the treaty would be violated in a case for which it was specially intended to provide. For such an act that government would certainly be held accountable. It is hoped, therefore, that that government, as a proof of its friendly disposition toward that of the United States, and of its desire to observe in good faith its formal treaty stipulations, will either so modify the circular referred to or will give such orders as may prevent an act of which we should have such just cause to complain.

I have received copies of the two circulars through the chargé d’affaires of Peru in Washington, and have prepared replies thereto, which I inclose. You will please retain copies of the same on your fifes and deliver the originals.

I am, sir, &c.,

WM. M. EVARTS.

[Inolosure 1 in No. 63.]

Mr. Evarts to Señor Calderon.

Department of State,
Washington, March 1, 1880.

Sir: I have received, through Mr. José Cárlos Tracy, the chargé d’affaires accredited to this government, your excellency’s note of January 14 last, complaining that nitrate from that part of Peru which is occupied by the military forces of Chili is shipped thence in neutral vessels, and claiming the right to detain or capture such vessels on the high seas.

In reply, I have the honor to acquaint your excellency that I have received a copy of the same paper from Mr. Christiancy, the minister of the United States at Lima, and I have instructed him upon the subject. He will, doubtless, in due time, make known to your excellency the views therein expressed, which, therefore, I will not now repeat.

I avail, &c.,

WM. M. EVARTS,

[Inclosure 2 in No. 63.]

Mr. Evarts to Señor Calderon

Department of State,
Washington, March 1, 1880.

Sir: I have received, through Mr. Tracy, the note of your excellency of the 14th of January last, which represents that the prohibition against intercourse with Chili, which had been decreed by the late administration of Peru, had been repealed. Your excellency also represents that the blockade declared by Chili of certain ports and inlets of the territories of her adversaries, is inefficient.

In reply, I have the honor to state that hitherto this Department has not received from any other quarter similar information or any complaint upon that subject. If, however, the fact should be as your excellency represents, it will probably enable those interested in a resumption of the intercourse between Peru and Chili to avail themselves of the opening made for them by the repeal of the prohibitory decree to which your excellency adverts.

The views of this government on the subject of blockade are, it is presumed, well known to the Government of Chili. If, therefore, the cruisers of that government shall capture or detain a vessel of the United States for having, in the absence of a force competent to prevent it, entered a port or inlet of her enemies, which had been declared in a state of blockade, reparation for that act will be required.

I avail, &c.,

WM. M. EVARTS.