Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 5, 1881

No. 571.
Mr. Hurlbut to Mr. Blaine.

Legation of the United States,
Lima, Peru, October 4, 1881.

No. 16.]

Sir: Since the date of my last (No. 15) events have occurred which demand precise statement, and deliberate consideration.

As you are aware, from the correspondence of my predecessor, the dictatorship of Piérola crumbled to pieces after the battles in front of Lima. Piérola himself disappeared. There was no government in fact.

In this emergency, many gentlemen of high standing attempted to reconstruct a constitutional government, and to that end requested of General La Puerta, who was the constitutional Vice-President, overthrown by the Piérola rebellion, that he would resume his lawful power. This he positively refused to do, on account of his inability from ill-health to perform the duties. The situation was peculiarly pressing, because the Chilian military authorities, on occupying the city of Lima, had imposed a pecuniary contribution of one million of soles, in silver, per month, and in accordance with their somewhat peculiar notions, had apportioned this immense sum on certain private citizens, supposed to be wealthy, in fixed amounts charged to each one, with the penalty that if not paid their property in this city should be destroyed and themselves imprisoned.

With such an order hanging over them it became necessary to establish some form of government which might represent them. Prado, the constitutional President had run away from Peru before the Piérola revolution was made and has never returned. La Puerta succeeded as Vice-President, was overthrown by Piérola, and, as I have stated, declined to serve.

Garcia Calderon was chosen to act as provisional President; was permitted to act as such by the Chilian authorities; was assigned a certain neutral zone or space near Magdalena by the Chilian authorities; was allowed to appoint all his ministers and other officers; to publish decrees; to assemble his Congress; to keep an armed force of one thousand men, and generally to perform the functions of government. Negotiations for peace were opened with him by Godoy, on behalf of and by the authority of Chili. He was allowed to borrow money on the faith of Peru, and to issue about eight millions of paper money, out of which he paid a heavy sum in ransom of the city of Lima. He was recognized by foreign nations as the lawful head of the Government of Peru, and as such received official visits, and publicly and openly exercised all the prerogatives of sovereignty. This chain of facts constitute recognition by Chili of the Calderon Government, fully as effective as if given in terms, and in official communications.

Some four weeks since, Admiral Lynch, the Chilian commander-in-chief, disarmed the Pervuian guard in Magdalena; but in an official communication to Mr. Calderon, as well as in conversation with me, put this act exclusively on a military basis, giving as a reason the actual or probable desertion of the force, which reason I accept, as a proper military precaution.

On the 26th September, without any notice, he seized the treasury, and has it now under guard, and stopped, by military order, the payment of all funds of any kind; appointed Chilian officers to collect certain local revenues accruing to the Calderon authorities, and forbade the Bank of London, Mexico, and South America, in which the Calderon funds were deposited, from paying over.

Having thus seized the means of living, he then, on the 28th September, issued the decree and sent the letter, which I forward translated, and inclosed in translation of letter from Mr. Galvez to me thereby virtually commanding Calderon to cease his functions, and to surrender all his archieves, books, and papers.

Mr. Calderon consulted with me on receipt of this order, and said very firmly that he should not obey it. Inasmuch as it was very probable that this act of disobedience would be promptly followed by military arrest, I suggested to Mr. Calderon the propriety of making some arrangement by which some legitimate successor could be provided in case he was disabled from acting. To this end the Congress, all of whose members were in Lima, was quietly assembled, and they proceeded to elect Admiral Montèro, now in command in the north of Peru, outside the Chilian lines, as Vice-President, thus continuing the constitutional succession. All of these acts are strictly legal, and not only according to the practice of Peru, but to the tenor of the constitution.

I also received from Mr. Galvez, the secretary for foreign affairs, such books, documents, and correspondence as he considered essential, and shall hold them in this legation.

These precautionary measures having been adopted, Mr. Calderon replied, under date of September 29th, to Admiral Lynch, in a well-reasoned and dignified letter, which I also inclose in print, and in Spanish, as I have not yet found time to translate so long a document.

This letter has been sent by Admiral Lynch to his government, and since that time no further action has been taken, and I suppose none will be, until he receives instructions from Santiago.

I send, also in Spanish, the printed copy of Lynch’s reply to Calderon’s letter of the 29th.

I am not positive as to the real meaning of these extraordinary acts, but am inclined to think that the purpose is to abolish by force all respectable authority in Peru, and especially the one which the United States have recognized.

I find, also, that the British minister here, Sir Spencer St. John, is very frequently closeted with Admiral Lynch, and that their conferences are long.

It is a self-evident proposition that no act of Chili, whether from its civil or military authorities, can in any way operate upon the relations which the United States have maintained or may choose to maintain with any government in Peru, nor can any military order prevent my treating with Mr. Calderon as representing the sovereignty of Peru.

I doubt whether even the Chilian doctrine, as expounded by Lynch, of the rights of conquerors will go so far as that. Yet I see in the future no special limits to their possibilities of dictation.

There is a very decided tone of arrogance, both in the press of Chili and among their officers, born I think of their singular success in this war, which may easily become offensive.

The mask which the Chilian Government has worn to cover the real purpose of this war is now removed, and it is openly avowed that peace will not be permitted, except on condition of cession of territory.

In looking back upon the whole history of events, prior to hostilities and since, I can have no doubt but that the purpose, end, and aim of this war, declared by Chili against Peru and Bolivia, was in the beginning and is now the forcible acquisition of the nitrate and guano territory, both of Bolivia and Peru.

Everything else is made to bend to this purpose, and there is no reality in any pretense of peace on any other terms.

I shall await the action of the Department, and hope to be informed as early as possible of such definite resolution as may be taken.

I am, sir, your obedient servant,

S. A. HURLBUT.

[Inclosure 1 in No. 16.—Translation.]

Señor Galvez to Mr. Hurlbut.

Ministry of Foreign Affairs,
Lima, September 28, 1881.

Mr. Minister: On this day His Excellency the President has received the note and decree, a copy of which I have the honor to inclose to you.

The measures already taken by the commander of the army of occupation, in first disarming the guard which my government had at Magdalena, and afterwards in placing guards in the offices of the minister of hacienda and in the public treasury, seizing upon all the funds of the government, gave reason to believe that the purpose of the Chilian Government was to cause all government in Peru to disappear, in order to carry into effect, not only the military occupation of Peru, the territory of the republic, but also the complete domination over the country. To-day, Mr. Minister, this presumption is a reality. The commander of the Chilian forces not only takes the direction of public affairs in Peru, but also suppresses all national government, prohibits the exercise of any act of sovereignty, and even demands, as if my government were a dependency of Chili, the surrender of the archives and documents which may be in its possession.

My government, which owes its existence to the choice of the people of Peru, and has for its rule of conduct respect to the constitution and the laws; my government, which, in the presence of this same army of occupation, has quietly exercised its functions, finds itself, to-day, compelled to protest in the most solemn manner against this violent act of the Chilian Government, which, I repeat, suppresses all national government, and necessarily prevents all negotiation for peace, and tends directly to absolute dominion over the whole republic.

The internal dissension in Peru will be the pretext under which Chili will insist that there is no government with which to treat, but the undoubted fact is that Chili does not wish that there should be any government in Peru with whom to negotiate, as a step to the destruction of the Peruvian nationality.

In giving to you, sir, the knowledge of such vastly important events, it is with the hope that you will communicate them to your government, so that it may plainly appear before America, and before the world, that my government in no respect admits the pretensions of Chili, and that at all times, under all circumstances, and in whatsoever place it may be found, it represents, and will represent, the supreme authority of Peru, until that nation, sole arbiter of its own purposes, shall decide as may correspond to its dignity and its interests.

I have the honor, Mr. Minister, to subscribe myself, your excellency’s most faithful and obedient servant,

M. M. GALVEZ.

[Inclosure 2 in No. 16.]

General Lynch to Señor Calderon.

Lima, September 28, 1881.

Dr. Francisco Garcia Calderon:

Sir: I have, on this day, issued a decree, by which I order the suspension of the exercise of all authority, which is not derived from these headquarters, except those municipal authorities actually in existence and allowed to continue for the purpose of collecting local taxes.

I take occasion to send to you, with this, a copy of my decree, the terms of which put an end to the government which, until now, has been in existence by our toleration, and presided over by you; and inasmuch as the documents, archives, and other effects in possession of the functionaries who have served under your orders, do not belong to them, but are public property, I trust that you will take the necessary measures to prevent any disposition of them, and will do me the favor of sending to my office, as soon as possible, a list of all of them.

With sentiments of distinguished consideration and esteem, I subscribe myself, your obedient and faithful servant,

P. LYNCH.

Copy of decree.

Lima, September 28, 1881.

The General-in-Chief of the Army of the North, Republic of Chili:

Inasmuch as I have this day decreed as follows:

Hereafter in such part of the territory of Peru as is now or may hereafter be occupied by the forces of the army under my command, no acts of government will be permitted to be done or exercised by any other functionaries or authorities than those established by these headquarters. The municipal authorities which at present exist shall, however, subsist and continue to receive municipal taxation for the purpose of providing for the necessities of local service.

Let this be recorded and report made.

In order, therefore, to give full notice to all persons, let this be published by proclamation, and by notices fixed on the most public places of the city.

P. LYNCH.