No. 532.
Mr. Christiancy to Mr. Evarts.
Legation of
the United States,
Lima,
Peru, April 6, 1880. (Received April
27.)
No. 151.]
Sir: Referring to your dispatch No. 63, I have the
honor to inclose herein a copy of my official note to the secretary of
foreign relations of Peru, of April 3 (No. 39), calling his attention to the
18th article of the treaty between the United States and Peru, and
expressing to him the views entertained by our government of the effect of
that treaty as to American vessels transporting nitrates from that part of
Peru now in the military occupation of Chili.
I desire further to say that, from the first appearance of the circular of
the secretary of foreign relations, I had taken the same views of the clause
to which you allude, that you have expressed in your dispatch. But as I knew
that Peru had no cruisers which could safely get south of Iquique for the
present, I looked upon that clause in the decree as brutum
fulmen, an abstraction, so far, at least, as the United States were
concerned, and thought it good policy to allow the other foreign
representatives here to deal with that abstraction until it should become a
practical question.
I have, &c.,
[Page 842]
[Inclosure in No. 151.]
Mr. Christiancy to
Señor Calderon.
Legation of the United States,
Lima, Peru, April 3,
1880.
Monsieur le Secrétaire: By reference to the
letter of Hon. William M. Evarts, Secretary of State of the United
States, to your excellency, dated the 1st of March last, which I had the
honor to send to your excellency to-day, it will be seen that I am
expected to explain to your excellency the views which my government
entertains of that part of your excellency’s circular of the 14th
January last which, in effect, declares that the flag of a neutral and
friendly nation shall not protect from capture by Peruvian cruisers
nitrates shipped under the authority of Chili from that part of Peru in
military possession of Chili upon such vessels of neutral and friendly
nations.
In the performance of the duty thus imposed upon me, I have the honor to
call your excellency’s attention to the eighteenth article of the treaty
of 1870, between the United States and Peru, and to inform you that in
the opinion of the Government of the United States the shipment of such
nitrates upon vessels owned by citizens of the United States is directly
and expressly covered and protected by said article, which in substance
(among other things) provides 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 the 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; and
that in the opinion of the Government of the United States, if a
Peruvian cruiser should capture an American vessel, or seize its cargo
or any part of it, because that cargo, in whole or in part, should
consist of the nitrates referred to in the circular of your excellency,
such capture or seizure would constitute a clear violation of said
eighteenth article of the treaty.
The Government of the United States therefore confidently trusts that the
Government of Peru, upon having its attention thus; called to the
treaty, will, from its friendly disposition to the United States and its
desire to preserve inviolate the faith of its treaty, either so modify
the circular referred to or will give such orders as may prevent an act
which would give to the United States such just cause of complaint.
The undersigned will not permit himself to doubt that upon a careful
examination of the treaty this reasonable request will be readily
complied with.
I improve, &c.,
