[Inclosure 2 in No.
71.—Translation.]
Mr. Larrabure to
Mr. Tallenay.
Department of Foreign Relations,
Lima, February 27,
1884.
The undersigned has received your excellency’s communication of the 20th
instant, intended to protest, in the name of the French Republic,
against articles 4, 6, 8, and 10 of the treaty of peace, signed the 20th
of October last, between Chili and Peru, and to declare that they
consider them as null and without force with respect to the citizens of
France.
You advise him also that an identical note has been sent, concerted
between the powers in interest, and close suggesting that the question
of the indebtedness of Peru be reserved until an amicable arrangement be
made between both Governments and the creditors, or that there be
proposed to the assembly convoked for the 1st of March a solution more
satisfactory, based upon a regard to the contracts.
Already in the conference which the undersigned had with your excellency
in this department, I spoke, among other things, of one to which regard
must be had before a reply can be given to the note.
Having regard for the eminent endowments of your excellency the
Government of the undersigned regarded your selection as envoy
extraordinary and minister plenipotentiary in Lima as an evidence of the
friendly sentiments which the noble French Republic entertains for Peru,
but if a minister be not invested with a diplomatic character before the
Government that receives him except by the presentation and reception of
his credentials, one cannot explain an act of such importance as the
protest without your excellency having first completed that requisite.
The undersigned has offered and continues offering your excellency all
possible facilities for the fulfillment of your mission in current
affairs, and has observed, and will continue to observe, all the
consideration due to your rank, but cannot tolerate the innovation
introduced by the French legation, much less so when treating of a
question sufficiently grave, as your excellency observes.
Returning to the note, the treaty to which your excellency alludes, has
not been
[Page 415]
brought to the
attention of your Government because the opportunity has not presented
itself; it is still in the condition of a negotiation pending, reserved
by its very nature and private character from other.(Chancelleria?)
diplomatic offices with which it has no direct relation whatever.
A notification of it, or simply its publication by the Government of the
undersigned would have been premature and in violation of established
usage.
Peru enters into it by virtue of the right it possesses of governing
itself, aright recognized since early in the century, at the time of its
independence, by all powers, including the one your excellency so
worthily represents, and cannot accept foreign intervention without
violating its rights as a sovereign and independent state and without
abdicating their prerogatives, which it has respected and does respect
in all constituted nationalities; hence it may not give, nor feel itself
called upon to give, participation in the treaties it negotiates without
destroying the foundation of its own existence.
On the other hand, the debts which are the cause of your excellency’s
protest, originated in loans made by individuals whom the Government of
the undersigned did not think it necessary to ask their nationality;
these debts have never had an international character, thus, as to-day
it appears, part of them, at least, are in the hands of Frenchmen,
according to your excellency’s note, of which the undersigned does not
for a moment doubt, they may to-morrow, possibly within a few hours,
pass into the hands of Americans or Russians, or business men of
whatever nationality. Peru owes nothing to France, not as to the
Government or the state, consequently those loans cannot become the
subject of diplomatic intervention.
The undersigned does not wish, as it would offend your excellency’s
enlightened Government, to linger in pointing out here the grave
consequences that it might have upon the peace and external security of
all nations, were such doctrine to be sustained.
He will point out to you only that with it the doors would be opened for
reclamations and wars, which are precisely what modern international
laws are designed to avoid; the relations between countries exposed to
the fluctuations of the exchange would expose weak states to the mercy
of the strong, and, in the name of the new rule which precedent had
established as an international practice, one nation would be authorized
to disturb the peace of another. A like doctrine, which a just and
upright Government like that of your excellency cannot consent to, in
the course of unforeseen human events might place France herself in the
gravest dangers.
A few years since the English bondholders solicited the intervention of
Her Brittanic Majesty’s Government, and notwithstanding the exertions of
private gentlemen, made as such, the British foreign office
(Chancelleria?) denied the right of diplomatic intervention, as appears
from records in this office.
If such serious considerations do not convince the Government of your
excellency, and it should consider it necessary to sustain the protest,
the undersigned seizes the occasion to remind you that it is of public
notoriety that for more than four years Peru has not controlled the
hypothecated products.
Notwithstanding since the earlier days of the war of the Pacific, cargoes
of guano and saltpeter have passed over the seas without any opposition,
Peru even has asked at the proper moment, through its diplomatic or
consular agents, the embargo of these cargoes in European ports without
finding support on the part of the Governments which now protest. Under
these conditions diverse arrangements have been made between creditors,
and a public sale made of 1,000,000 tons of guano to which the
guarantees apply, without notice on the part of the Republic of France
or the other states. It has thus struggled alone, and for a long time,
to save these interests, and afterwards signed a treaty of peace,
because it was no longer in condition to continue the struggle.
Moreover, your excellency should not forget that in the outbreak of the
war the Peruvian Government was engaged in an advantageous arrangement
with its creditors; the guano and saltpeter more than sufficed for the
debts. If Peru later on has found itself obliged to despoil the nation
of the wealth which constituted the security, it has done so from the
need to regard its own preservation, which is the first obligation, as
it is the first right of a state; otherwise we should hold that war
should never cease without the complete submission or the total
destruction of one of the belligerents.
Such is the situation of Peru; and these are the reasons which alike
prevent it from accepting the protest or acceding to the desires of the
Government of the Republic of France. The undersigned will, when the
opportunity offers, submit the treaty of 20th October to the national
assembly, as it is his duty, together with the correspondence relating
thereto. I should at the same time assure your excellency that Peru on
its part will not omit any means looking to the continued maintenance of
its good relations with France; relations which it wishes to strengthen
as far as possible, equally in prosperity as in the hours of its
humiliation and misfortune.
The undersigned renews, &c.,
