No. 283.
Mr. Phelps
to Mr. Frelinghuysen.
Legation of
the United States,
Lima,
Peru, April 2, 1884. (Received April
28.)
No. 78.]
Sir: The mails brought the written instructions of
the several protesting Governments, and I have the honor to send you a copy
of the text in English, together with the reply of the Peruvian minister for
foreign affairs, with translation.
The ratifications of the treaty were duly exchanged in Lima on the 28th
ultimo.
As yet there is nothing given out in respect to the movements of the Chilian
troops.
Meanwhile most of Peru appears to be in the control of Caceres and of bands
of Montoneros. Caceres has pushed his regular troops out upon the lines
towards the sea and it is reported that the Chilian troops beyond the
Cordillera have been ordered to this side.
The assembly adjourned on the 31st ultimo to meet the first day of March,
1885. As reported, it conferred dictatorial powers upon Iglesias and
continued its own existence.
General Iglesias, in remarks made to the assembly, said that he should, in
the exercise of the powers given him, regard the personal security and honor
of all citizens.
I am, &c.,
[Page 417]
[Inclosure 1 in No. 78.]
joint note of protest.
* * * * * * *
Government has learned with satisfaction that a treaty of peace has been
concluded between the Republics of Chili and Peru, which treaty, in
order to become binding, only requires to be ratified by the legislative
power in both countries. As a Congress will meet at Lima early in March,
the time approaches when the engagements agreed upon will be submitted
to the lawful representatives of Peru.
The text of the said convention, which has been made public through
various channels, contains stipulations which belong to two different
orders of ideas. Some are exclusively political and regulate the
respective situations of the contracting countries; these * * *
Government leaves out of consideration.
The others are relative to the debts of Peru, that is to say to the
rights of neutrals which are affected by the cession of a certain number
of provinces to the Republic of Chili; such are Articles IV, VI, VIII,
and X, of the treaty. * * * Government could not help taking notice of
the above-mentioned stipulations which interest * * * subjects in a
direct manner. It appears to * * * that they constitute a serious
derogation to the rules usually observed in such cases, and a breach of
the contracts which have been entered into between Peru and her
creditors, the object of the said clauses in sanctioning a cession of
territory in favor of one of the contracting parties being to free the
said territory from the obligations which weigh upon it in behalf of a
third party. They set aside various mortgages which form the special or
collective lien the creditors of Peru have upon the whole of the
valuable guano or nitrate deposits discovered or which may be discovered
in the ceded provinces. Under the circumstances and while experiencing
the sincere wish that the essential part of the treaty will be ratified
without delay, and that friendly relations between the two states will
be placed on a durable basis, * * * Government is of opinion that * * *
cannot allow the clauses of the treaty concerning the settlement of the
Peruvian debt to become obligatory without formally protesting against
them, and that * * * ought to consider them of no value as far as * * *
subjects are concerned. Therefore * * * insist upon the said clauses
being reserved with a view to a friendly understanding between the two
Governments and the interested parties being arrived at, or upon a more
satisfactory solution, which will guarantee the contracts with the
creditors being immediately submitted to the acceptance of the congress
which is about to meet in Lima. Moreover, they hope that the cabinets of
Santiago and Lima will, without difficulty, perceive the necessity of a
modification which will strengthen the credit of Peru and add to the
good name of Chili.
[Inclosure 2 in No.
78.—Translation.]
reply to the joint note of protest concerning the
debt stipulations of the chili-peruvian treaty of peace.
Ministry of Foreign Relations,
Lima, March 27,
1884.
Sir: I have had the honor to receive your
dispatch of yesterday’s date, in which you are good enough to inform me
that in obedience to the instructions you have received from your
Government, you place in my hands the identical note, the sending of
which you announced to this ministry on the 20th of February last,
signed by the European powers, which appear to have framed the protest
against some of the articles of the treaty of peace and friendship
concluded on the 20th of October, 1883, between Peru and Chili, which,
as you are aware, is already a law of the Republic, having been approved
by constituent national assembly and ratified by the executive
power.
I have to state to you in reply, even without taking into account the
fact above mentioned, that it is not possible to consider the contents
of the said note so long as my Government is not officially and directly
recognized by that you so worthily represent.
When that recognition has taken place my Government will return an
appropriate answer, in accordance with principles of justice and that
loyalty which has always characterized the international policy of Peru,
without forgetting her rights as a sovereign and independent nation.
