No. 921.
Mr. Buck
to Mr. Bayard.
[Extract.]
Legation of
the United States,
Lima,
Peru, May 24, 1888. (Received June
18.)
No. 376.
Sir: I herewith inclose copies of papers relative
to the outrages perpetrated against Mr. V. H. Mac Cord, at Arequipa, in
June, 1885. They consist of a letter from Mr. Richard Gibbs, the United
States minister to Bolivia, dated July 17, 1885; a letter from Mr. Mac Cord
to me, dated July 24, 1885; and Mr. Mac Cord’s protest, made before the
British vice-consul at Arequipa June 16, 1885. Notwithstanding the dates,
these papers have only been presented to me within the last few days.
In connection, however, I refer Department to my No. 48, of October 30,1885
(see also Department’s reply in its No. 41, of December 8, 1885); thus will
appear explained why this matter has not been before officially presented.
The reasons at that time existing have continued until a recent date; when
the action of the Peruvian Government in seizing the railroads which Mr.
Thorndike held, and of which Mr. Mac Cord was his general manager, relieved
these gentlemen from the restraint of conflicting interest and prudence
which hitherto had induced them to avoid an issue on the subject with the
Government of Peru.
Mr. Mac Cord is at present consular agent of the United States at Mollendo,
latterly commissioned November 12, 1886. (See Department’s Register, page
31.)
Mr. Mac Cord states in a letter to me of May 14, 1888, that he was at the
time of the outrage, viz, May 12, 1885, consular agent, under appointment
dated February 10, 1883, made by Mr. Partridge, then United States minister
to Peru, and was recognized as such at Arequipa February 20, 1883; and he
incloses the certificate of his said appointment with his recognition,
signed “Valcárcel,” under the stamp of the minister of foreign relations,
Peru. Of this I presume Department has its own record.
From Mr. Gibbs’ letter it seems Mr. Mac Cord had previously tendered his
resignation as consular agent, though my understanding is, at the time of
the events complained of he had not been advised of its acceptance.
I am, etc.,
[Page 1367]
[Inclosure 1 in No. 376.]
Mr. Gibbs to Mr.
MacCord.
Dear Sir: Your favor of 8th instant was duly
received and contents noted.
I would advise you to make your protest as an American citizen, for the
very fact of your having sent in your resignation, which must be on file
somewhere, would, I think, debar you to claim as a consular agent and
you had better be on the safe side. The protest should have been made at
the time of the outrage or as soon after as possible, and a heavy claim,
say 100,000 soles, as damages, at least, against Peru and all whom it
may concern in any manner or form.
I advise you to give a detailed account of the whole matter and forward
it immediately to Mr. Buck, the new minister at Lima, if you can not go
in person, which would be preferable. You may as well make a big row
about it at once, and the sooner the better. I can not say anything
about it at present, as the affair is not in my country or post, but
when I arrive at Lima I will have something to say, and more if I ever
get to Washington. I send file of New York Herald up to June 1. Am
awaiting my successor and hope to be on the way soon.
Yours, sincerely,
[Inclosure 2 in No. 376.]
Mr. MacCord to Mr.
Buck.
Sir: I take the liberty to inclose herewith
certified copy of a protest made by me before the British vice-consul in
this city on the 16th day of last month, and beg you to advise me what
further steps should be taken, if any, in order to make a claim for the
outrages committed against my person, as set forth in the said
protest.
I have the honor to be, Mr. Minister, yours, respectfully,
[Inclosure 3 in No. 376.]
Protest of V. H. MacCord.
By this public instrument of protest, be it known and made manifest to
all whom it may concern that on the sixteenth day of the month of June,
in the year of our Lord one thousand eight hundred and eighty-five,
personally came and appeared before me, Alexander Hartley, esquire,
acting British vice-consul at Arequipa, in the Republic of Peru, Victor
Hugh MacCord, a citizen of the United States of North America, acting
superintendent of the Arequipa, Puno, and Cuzco Railroads, who deposeth
as follows: In consequence of the political events transpiring in this
department of Arequipa since the eight instant, the prefect, Colonel Don
Manuel San Roman (appointed by General Caceres), had caused all the
engines to be retired from the Mollendo division and concentrated in
this city. On the eleventh instant the said prefect ordered an engine
and train of cars to be put at the orders and under the charge of
Sergeant Major (Sarjento Mayor) Enrique Valdez for the purpose of
conveying troops somewhere on the Mollendo division, which order was
immediately complied with. During the absence of this train from
Arequipa, namely, on Friday, the twelfth of June, by the perfidy of the
engineer and the carelessness of the officer in charge, the engine ran
away and joined the opposing forces at Mollendo. Notwithstanding the
fact of the train having been put in charge of the commander of the
troops and there being absolutely no blame attachable to any employé of
the railway except the engineer, who ran away, the aforesaid MacCord was
immediately imprisoned in the San Francisco barracks, where he received
the following official note from the prefect, reading textually:
Prefectura del
Departamento, á 12 de Junio de 1885.
Señor MacCord,
Superintendente de los
Ferro-Carriles:
Dicte U. por telégrafo todas las ordenes del caso para que la
línea férrea entre Cacheudo yla Joyaquede inutilizada
completaraente. Tiene U. para ello plazo hasta mañana muy
temprano para que esta órden terminante se cumpla; pues, estaudo
comoestá U. en poder de la autoridad, que tieue que cuuiplir su
deber en estas circumstancias, [Page 1368] el mero hecho de pasar de la Joya en
direccion á esta ciudad la máquina fugitiva, me pondrá en el
caso de fusilarlo sin la mas pequeña dilacion, pues U. es el
único responsable de lo acontecido.
Dios gue.a Ud.
Manuel San Roman.
At the foot of the same official note the following instructions were
given, reading textually:
Señor A. Tamayo,
Pte:
Sirvase dictar las medidas mas eficaces para cumplir la órden del
Señor Prefecto arriba indicada.
V. H. MacCord,
Cuartel de San Francisco, fecha ut
supra.
Some time after the receipt of the note an officer came to the cell and
advised the prisoner to arrange his affairs, as there was an order to
shoot him within an hour, and less than half an hour afterwards he was
marched out to the parade ground and stood up before a file of soldiers
armed with rifles, and asked if he wished to say anything, as he was to
be shot. He replied that he had committed no crime, and had nothing to
say. Thereupon the officers, three or four in number, retired a short
distance and appeared to consult among themselves for a moment, when one
said, “It is not good to kill a man,” and they then led the
prisoner-back to the cell. In the mean time some friends, seeing that
some of the officers were under the influence of liquor, and fearing for
the life of the prisoner in such a place, had gone to the prefect and
asked to have the prisoner changed to some other place of confinement,
and at about midnight he was transferred to the “Cuartel de los
Ejercicios.” On the following day, June the thirteenth, the prisoner was
verbally notified by the sub-prefect, Don Francisco Llosa, that by order
of the prefect he must pay a fine of ten thousand soles for the escape
of the engine, and that it must be paid at once or severe measures would
be taken against his person to compel payment, that no delay would be
allowed, and to the end that his orders might be strictly and rigidly
carried out the prisoner would be remanded to the “Cuartel de San
Francisco.” Reply (also verbal) was returned, saying that it was
entirely unjustifiable to impose a fine implying culpability without
even a semblance of an investigation, and that a trial was asked for in
order to establish the facts and show who was responsible for the escape
of the engine. It was not allowed, and at about seven o’clock in the
evening the threat of returning the prisoner to “San Francisco” was
carried out.
In view of this proceeding, after what had transpired there the night
before, the entire foreign colony resident in this city, headed by the
consular corps, went in a body to the prefect’s house and obtained from
him a promise to have the prisoner confined in some other place which
offered more security for his life, and that he would be given a prompt
trial in accordance with the law of the country. The first was speedily
complied with and the prisoner transferred to the Cuartel de la
Maestranza” the same evening. The following day, June fourteenth, notice
was given by verbal message from the prefect that if the ten thousand
soles was not paid before three o’clock in the afternoon the “extreme
measures” threatened would be applied, and the fine increased to
“fifteen thousand, and if delayed longer to twenty thousand soles.”
Reply was made reiterating the demand for trial and protesting against
the illegality of the fine, and non-fulfillment of the promise of prompt
trial made the night previous to the consular corps and to the several
members of the foreign colony, which had not been kept: nor has this
been done up to the time of entering the present protest. All was
ignored, and only threatening replies were received. Convinced of the
arbitrary proceedings which were evidently to be employed to compel the
payment it was suggested that the amount of the fine be deducted from
the balance due the railway by the Government for work done. This was
also refused. On the morning of the fifteenth of June word was brought
that by order of the prefect the prisoner MacCord should not be allowed
either food or water, and that every article of furniture be removed
from his cell, which order was forthwith carried out. The cell was a
damp one, with a brick floor, and the prisoner was compelled to stand,
as everything, even to a rough stone, which might have served as a seat,
was taken away. Without anything to eat or drink since the previous day,
it was impossible to stand this, and every exertion was now made to
procure the money, which had to be borrowed, as, on account of the
almost complete paralyzation of traffic for nearly a year past, owing to
political disturbances, the company was unable to earn sufficient to
even pay its workmen. Thanks to some of the commercial houses of this
city, the money was raised, and at three o’clock in the afternoon the
prisoner was allowed to go at liberty.
It appearing by the foregoing deposition that the laws of the country
have been [Page 1369] defiantly
infringed by an authority who, not being a judge, imposes fines and
executes punishments arbitrarily and in violation of the laws, and by
keeping a prisoner over the time allowed by law without submitting him
to the proper tribunal for trial, and subjecting him to barbarous and
inhuman treatment whilst so detained:
I, Victor H. MacCord, do make this my formal protest against the
arbitrary and abusive proceedings of the aforesaid prefect of Arequipa,
Colonel Don Manuel San Roman, and do declare that the ten thousand soles
in silver coin were paid under pressure of violence and reserving the
right to make claim to a higher authority and to the tribunals of
justice of the country, and to appeal to diplomatic ways, if necessary,
in defense of my own personal rights and in protection of the interests
confided to my care.
Let it be put in record that the first
use made of my liberty is to enter this protest at the British
vice-consulate, this
sixteenth day of June, one thousand eight hundred and
eighty-five.
V. H. MacCord.
Thus protested and declared in due form of law, at Arequipa
aforesaid, the day, month, and year first before written.
[seal.]
Alex. Hartley,
Acting British
Vice-Consul.
I, Alexander Hartley, esquire, acting British vice-consul at
Arequipa, do hereby certify that the foregoing is a correct and
exact copy of the original instrument of protest entered in the
archives of this vice-consulate.
In witness whereof I have hereunto set
my hand and seal of office, at Arequipa
aforesaid, the
sixteenth day of June, one thousand eight hundred and
eighty-five.
[
seal.]
Alex. Hartley,
Acting British
Vice-Consul.