No. 287.
Mr. Frelinghuysen to Mr. Phelps.

No. 44.]

Sir: Acknowledging the receipt of your No. 77, in which you ask instructions as to the course you will be expected to pursue in the event of forcible proceedings in cases where you consider certain contracts unquestionably valid (such as the one to which you advert, apparently entered into between Peru and the American, H. Meiggs), which inquiry you make with reference to a new enactment by the assembly at Lima, to the effect that property of the nation may be disposed of to satisfy the public needs, I have to say that you will protest and state that this Government will not recognize the validity of any act interfering with vested rights, unless under due process after fair appraisement and condemnation.

I am, &c.,