[Inclosure in No.
38.—Translation.]
decree.
Proclamation of Lisardo Montero,
vice-admiral of the national fleet, Vice-President of the Republic
of Peru, vested with the executive power.
Whereas, on obtaining in Europe the loans which constitute the foreign
debt of Peru security was given to the holders of the bonds upon all the
guano deposits of the Republic;
And whereas, equal guarantee was given to the holders of niter
certificates, and to the saltpeter company, on account of the
obligations which the Government incurred in their favor;
And whereas, recently, in virtue of contracts legally entered into, the
Government has arranged the service of the bonds of the foreign debt and
of the niter certificates;
And whereas, there exist unfulfilled contracts and pending settlements
with various companies, whose result may affect the guano and saltpeter
deposits;
And whereas, according to the principles of international right, the
military occupation of the department of Tarapaca and other guano
deposits does not authorize Chili to dispose of these riches, and still
less to invalidate previous contracts and rights legally acquired by
neutral parties, which also the Government of Chili has itself clearly
recognized by declaring, in its decrees upon the alienation of the guano
and niter, that it assumed no responsibility over the sales
realized;
And whereas, a part of the bondholders have come to an arrangement with
the Chilian Government upon the basis of a reduction to 50 per cent, of
the distribution of the guano effected in their behalf, which act is of
prejudice to the creditors of Peru not taking part in such conventions,
and attests not only the renunciation, in favor of Chili, of the rights
which Peru had recognized in the contracts now in force, but also a
secret understanding with the deforciants of Peruvian property and of
the rights legally acquired by neutral parties;
And whereas, the Peruvian Government, being disposed to indemnify the
Government of Chili for the expenses of the war as shall be just and
satisfactory, and being prepared to secure such indemnity, as it has
repeatedly declared in solemn documents, cannot remain indifferent to
the acts of arbitrary injustice committed by the Government of Chili,
and still less authorize by its silence the violation of contracts made
in good faith and in the exercise of its just right with the foreign
creditors of the Republic:
By the unanimous vote of the council of ministers it is decreed that—
- 1st.
- The Government of Peru declares invalid and void as well the
contracts which the Chilian Government has made and is making
concerning the sale of guano and niter deposits, as the
arrangements which have already been made between this last
government and the Peruvian creditors.
- 2d.
- The creditors of Peru who have agreed or shall enter into
agreement with Chili for the payment in whole or in part of
their claims shall by such act lose all rights which Peru may
have granted them.
- 3d.
- The guano exported in virtue of such contracts shall be
judicially followed, and
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the result applied solely to such creditors as have entered into
no agreement with the Chilian Government.
- 4th.
- The creditors of Peru who have not thus agreed with the
Chilian Government will remain especially empowered to resort to
any methods to carry out the spirit of the previous article
(3d).
- 5th.
- The necessary steps for the publication and fulfillment of
this decree are intrusted to the bureaus of correspondence of
the diplomatic and financial agents of the Government of
Peru.
Given in the residence of the Government in
Arequipa
November 25,
1882.
- L. MONTERO.
- CAMILLO N. CARRILLO,
President of
the Council and Minister of State.
- MARIANO N. VALCARCEL,
Minister of
Foreign Relations.
- JOSÉ MIGUEL VELEZ,
Minister of
Justice, Religion, Instruction, and
Beneficence.
- MANUEL VELARDE,
Minister of
War.
- JUAN FRANCISCO OVIEDO,
Minister of
Finance and Commerce.
