No. 567.
Mr. Hurlbut to Mr. Blaine.

No. 8.]

Sir: I was favored on the 24th instant by a visit from Admiral Lynch, commanding the Chilian army of occupation.

In the course of this visit he introduced of his own accord the question between Chili and Peru, and said to me that there were many rumors afloat as to the attitude of the United States, and that he begged me to tell him frankly what I understood to be the position of our government. He further said that he did not ask this in any diplomatic sense, but wanted a free statement from me for his own guidance and information. I answered that there was no concealment nor wish to conceal on my part what the sentiments of the United States were, and that I would tell him exactly what we believed to be the rights and duties of the two parties. This I did verbally, and further said to him that I should at once reduce my views to writing to avoid any misapprehension.

Accordingly, on the 25th August, I forwarded to him the written statement inclosed, to which I ask your attention.

On receipt of this communication the admiral at once proceeded to confer with the British minister, and within three hours from the reception [Page 927] of my statement both the British and French ministers visited President Calderon, offered their good offices, and informed him that they fully believed that through Admiral Lynch they could influence Chili to an honorable peace. They also said to him that peace could be arranged without cession of territory. Calderon, to whom I had sent a copy of my statement to Lynch, understood perfectly the sequence of affairs, and attributes the whole of their sudden and favorable interest in Peruvian affairs to the effect of the memorandum, especially as both the English and French ministers have uniformly told him heretofore that Chili would not be content except with cession of territory, and have as uniformly advised him to consent to such cession. The change was so abrupt and so favorable that it can hardly be explained on any other basis.

I am informed that Admiral Lynch sent a copy of the memorandum to his government, and I sent one to General Kilpatrick for his information and for such action as he might think best to take.

I am happy to say that the Calderon government express themselves as very much pleased with the memorandum.

I am greatly obliged to Admiral Lynch for giving me the opportunity of formal expression of my views, as otherwise it would have appeared intrusive, and perhaps impertinent, to have offered such a statement.

I am confident that you will approve the substance of the memorandum, and I would like General Kilpatrick to be instructed to express similar views in case of opportunity given.

Mr. Christiancy was in the questionable habit of calling together the diplomatic corps and taking counsel on almost all questions, which practically emasculated the United States and deprived them of their proper leadership. The English and French ministers seem somewhat aggrieved, or pretend to be, at action of any kind by me without concurrence, but, as I stated to one of them, the position of the United States is its own, and only to be determined by itself.

I have, &c.,

S. A. HURLBUT.
[Inclosure in No. 8.]

Mr. Hurlbut Admiral Lynch.

Admiral: In order to prevent any misconstruction as to the conversation I had with you on yesterday as to the condition of affairs between Peru and Chili, I have thought it best to reduce the statement to writing.

memorandum.

Without any reference to the causes of the war, I understand my government to be of the opinion that all legitimate purposes of war have been accomplished by the overwhelming defeat of the Peruvian armies, the capture or destruction of their navy, and the occupation of the capital and entire sea-coast.

When organized and respectable resistance has ceased the state of war ought to cease. That commerce and the right of neutrals have been sufficiently injured; and that the large interests in Peru which are held by foreigners, many of them Americans, should not longer be imperiled by the unnecessary prolongation of the state of war.

For these reasons, and because of the friendly feeling of the United States to both parties, we are of the opinion that peace is the first duty of both nations.

I wish to state further, that while the United States recognize all the rights which a conqueror gains under the laws of civilized war, they do not approve of war for the [Page 928] purpose of territorial aggrandizement, nor of the violent dismemberment of a nation, except as a last resort and in extreme emergencies. As there never has been any question of boundaries between Peru and Chili, and therefore no frontiers to regulate, and as Chili has repeatedly, publicly, and officially disclaimed any purpose or design of forcible annexation of territory, we are clearly of opinion that such action now would not comport with the dignity and public fath of Chili, and would be disastrous to the future tranquillity of both countries by establishing a very serious grievance, which would constantly tend to manifest itself in disturbances.

The United States concede, as a matter of public law, that Chili has the right (under the code of war) to full idemnity for the expenses of the war; and that Peru ought to pay such indemnity as may be agreed on by the parties, or be determined by a disinterested arbiter, in case they cannot agree (if such mode be selected); and further, that Chili has the right to demand securities, if time is given for the payment.

But we are also very clearly of the opinion that Peru ought to have the opportunity, in full and free discussion of the terms of peace, to offer such indemnity as may be satisfactory; and that it is contrary to the rules which should prevail among enlightened nations to proceed at once, and as a sine quâ non of peace, to transfer territory, undoubtedly Peruvian, to the jurisdiction of Chili, without first demonstrating the inability or unwillingness of Peru to furnish indemnity in some other form.

Such a course on the part of Chili would meet with decided disfavor on the part of the United States.

It ought to be borne constantly in mind that Chili has won military reputation, and can afford to deal not only justly, but liberally. Peru has lost military reputation, and cannot afford much further humiliation, and that it is never wise to drive even a conquered people into desperation. Chili has acquired her high place among the nations by the benefits of a settled government; by due enforcement of the laws; by the labor and industry of her people; in short, by the arts of peace. To this she has added, in this war, splendid triumphs by land and sea. The United States would deeply regret if she should change her course and be carried away on a career of conquest, because the military and aggressive spirit would interfere with her true progress, excite dangerous animosities, and combine many elements against her. We are therefore of the opinion that the act of seizure of Peruvian territory and annexing the same to Chili, whether done by mere superior force or by dictating the same as an imperative condition of the cessation of hostilities, in manifest contradiction of previous disclaimers of such purpose by Chili, would justly be regarded, by other nations, as evidence that Chili had entered upon the path of aggression and conquest for the purpose of territorial aggrandizement. The United States desire, above all things, that peace should continue among the South American republics, and that commerce and industry should combine to develop their wonderful resources to their own advantage, and for the benefit of the world, and we are unable to see any good reason why the state of war should much longer continue, to the serious prejudice of such vast interests, nor any good reason why peace, on terms of justice, should not be consummated at an early period, without unnecessary humiliation to one party and with full satisfaction of all the appropriate demands of the other.

S. A. HURLBUT.