Mr. Hicks to Mr.
Gresham.
Legation of
the United States,
Lima, April 10, 1893. (Received May
1.)
No. 485.]
Sir: Referring to my No. 482, of April 3, I have to
say that on the 5th instant the official report of the acting consular agent
at Mollendo was received, giving full particulars of the riot and attack on
the consular agency of the United States on the 25th ultimo. I at once
directed to the minister of foreign affairs a note calling attention to the
serious feature of the affair—that while the mob was primarily a domestic
affair with which I had nothing to do, yet where the sanctity of the
consular agency of the United States was invaded and its acting consular
agent wounded in defense of the office, it became a grave international
offense, which was heightened by the presence of Peruvian gendarmes, who
made no attempt to defend the consular agency or repress the riot.
On the same day I had transmitted to the Department a telegram containing a
brief account of the affair, and on the 6th instant I received a reply from
the Department, directing me to make a protest and, if the facts were well
established, to ask an expression of regret and an assurance that the guilty
parties would be punished and reparation would be made.
Inasmuch as my note of the 5th to the foreign office, while not couched in
the form of a protest, practically answered the purpose, I decided [Page 512] to await the reply of the minister
before communicating with him further. I was induced to this course by an
informal notice from the foreign office to the effect that the minister in
reply to my note would concede exactly the points which I was directed by
the Department to request.
Late on the evening of the 8th instant I was waited upon by a clerk from the
foreign office who presented the reply of Doctor Don Cesareo Chacaltana to
my note. As I had anticipated, the minister regrets the incident, which is
distinctly disavowed by the Government. He also announces that the
subprefect in charge at Mollendo has been removed and will be submitted to
an examination so that his guilt or responsibility may be determined, and
that all the parties concerned in the affair are to be prosecuted and
reparation will be made to the victims. The note is expressed in friendly
terms and I think was written in a genuine spirit of equity and good feeling
toward the United States.
As soon as I could make a translation of the minister’s note, I dispatched to
the Department a telegram stating the receipt of the note, and that in my
opinion it fully met the purposes of a protest, and declaring that, unless
the Department directed otherwise, I did not now consider any protest
necessary.
I shall wait a reasonable time for further advice by telegram from the
Department, and then nothing further having been received, I shall reply to
the minister, expressing my satisfaction at the prompt and voluntary apology
and promise of reparation which he has given, and the hope that the incident
may be closed to the mutual satisfaction of both countries.
I append in this connection a copy of the correspondence, with a translation
of the minister’s note, as well as a copy of the telegrams sent by the
legation to the Department, and the telegram received by this legation from
the Department.
I have, etc.,
[Inclosure 1 in No. 485.]
Mr. Meier to Mr.
Daugherty.
Consular Agency of the United States,
Mollendo, April
1, 1893.
Dear Sir: By cable you will have been informed,
no doubt, of the disturbances that occurred at this port Saturday night
(25th instant), during which I unfortunately was wounded in the leg by a
bullet, in my attempts to extinguish the lire that threatened to declare
itself in the balcony of the adjoining house. Fortunately this could be
avoided.
My wound is not very serious, and I have been allowed to leave the bed
to-day, hoping to be able to walk in a few days more.
My house and office, which is next to the one where the lodge was
assembled, has been nearly completely destroyed, and my iron safe was
intended to be broken, but proved too much for them. The archives of the
consulate were of no interest to the mob and have not suffered.
If nothing further happens I do not intend to make a claim of any
importance, but trust that as well yourself as Mr. Hicks will assist me
to be refunded by the Government for the actual damage suffered.
During the outrage of the mob there were stationed eight soldiers with a
major in front of the people, as it seemed protecting them, and with
strict orders from the subprefect not to interfere, according to the
explanation of the officer on being called upon to avoid such
excesses.
Unfortunately we are exposed to much more serious occurrences. The urban
guard that was formed has been disbanded by order of the prefect of
Arequipa [Page 513] and with the threat
“to he dissolved by firing on them” added by the subprefect here.
The prisoners taken by the judge, who understands the matter, were put
into liberty by the subprefect, and this model authority appears to
remain in his place.
In sight of these facts we can not know what remains in store for
Mollendo, and being without any guaranty of life or property, we must
look for help from our representatives in Lima and Callao. A cablegram
will most likely be sent to this effect to-day by the consular body
here.
Excuse the hurry I am writing in, and believe me,
Yours, most truly,
Enrique Meier,
Acting Consular Agent.
[Inclosure 2 in No. 485.]
Mr. Hicks to Señor
Chacaltana.
Legation of the United States,
Lima, April 5,
1893.
Mr. Minister: It is with feelings of regret
that I am compelled to lay before your excellency an official report
from the acting consular agent of the United States at Mollendo, Mr.
Enrique Meier. This report presents the details of a most distressing
event, in which the sanctity of the American consular agency seems to
have been grossly violated by a mob, the property of the acting consular
agent destroyed, and his person put in jeopardy, even to the extent of
gunshot wounds. According to the said report this unfortunate outbreak
took place in the presence of the official representatives of the
Government of Peru, that is, the gensd’armes, under command of an
official of the army, all said to be acting under the order of the
subprefect. It is said that these officials, instead of quelling the mob
and affording protection to the defenseless victims, actually aided the
rioters in their work and thus for the time gave official approval to
the outrage.
So far as the riot was concerned in its relations generally to the
parties attacked I have nothing to say, further than to express the
regret which all good citizens must feel at such an unfortunate
occurrence. But when the consular representative of the United States is
maltreated and the consular building, bearing the shield of the United
States, is invaded, insulted, and its contents partially destroyed,
contrary to the spirit of good will existing between two friendly
nations, the affair becomes one of grave international importance,
especially when these unfortunate acts seem to have been committed under
official sanction. I have felt it my duty to transmit to my Government a
report of the occurrence by cable, and I shall also send by mail a copy
of the report of the consular agent and of this note to your
excellency.
I need not assure your excellency that in so doing I am actuated only by
a sense of responsibility to my Government, and personally I have no
doubt that your excellency’s Government will as soon as practicable
favor me with a full explanation of this most deplorable affair, which I
will be most happy to transmit to my Government.
I am, etc.,
[Inclosure 3 in No.
485.—Translation.]
Señor Chacaltana to
Mr. Hicks.
Department of Foreign Relations,
Lima, April 8,
1893.
Mr. Minister: The undersigned has received the
courteous note of your excellency dated the 5th instant, referring to
the event which occurred in Mollendo on the 25th of March last, and the
inclosed copy of the report sent to your legation by Mr. Henry Meier,
acting consular agent of the United States at that place.
Your excellency represents that the immunity of the said consular agency
has been violated, the property of the consular agent has been
destroyed, and the life of the consular agent has been put in danger;
that officer having been wounded by a bullet in the leg. Your excellency
adds that these acts of injustice having [Page 514] occurred in the presence of the gens d’armes and the
officer acting under the orders of the subprefect, it would seem that
they were in a certain sense authorized.
Your excellency considers that these acts become invested with a grave
international importance when considered as outrages, violations, and
insults consummated on the person of the consular representative of the
United States, and on the habitation of that official, expressing a
contempt for the relations which exist between two friendly nations.
Your excellency announces that you have forwarded to your Government a
report of these transactions, and you conclude by expressing the hope
that my Government will furnish a detailed explanation of these
deplorable events.
The Government of the undersigned, moved to-day as always by the spirit
of a just and elevated policy in its relations with friendly powers,
does not hesitate to furnish to your excellency the explanation which
you solicit, and it does this with great pleasure, not only suggesting
the most efficacious means of repairing the injury but with the constant
purpose which it has to give confidence to its own citizens and to
foreigners, and especially to the official agents of friendly states, by
the earnest efforts which it displays to make effective the sacred
guarantees of universal laws and the laws of the country.
It follows, then, that the Government of the undersigned would have been
the first to deplore the riot at Mollendo, and the consequent outrages
which followed, for these events merit, from the beginning, its most
explicit reprobation. It decided to dictate the necessary measures,
within the sphere of its constitutional powers, to punish the guilty and
to provide just reparation to the injured. The Government resolved, in
fact, when the first intelligence was received of these events, to order
the prosecution of the authors and accomplices in the mob, as well as
the assailants of the house of the consular agent of the United States.
It resolved, likewise, to put in exercise the powers which the law gives
it to prosecute the case with all the activity called for by the
satisfaction due to those persons whose guarantees were trampeled
upon.
In regard to the attitude taken by the police force, the Government is
without sufficient data to enable it to accept the theory that the
police were the accomplices of the assailants. The subprefect of the
province, under whose orders it was, in his official report of the
affair, which he has sent in, explains the passive attitude of his
subordinates by their reduced number, and states that in his belief they
were powerless to contend against the crowd.
The Government of the undersigned, nevertheless, inspired by the
necessity of a better and clearer statement of the facts, decided to
order that the subprefect should be submitted to trial in order that his
conduct and responsibility should be thoroughly ventilated and that in
the meantime he should be suspended from the duties of his office.
The Government of the undersigned, painfully impressed by the affair at
Mollendo, has deplored in a special manner the incident affecting the
consular representatives of the United States and the building in which
is situated his office. The undersigned is very glad, however, to remind
your excellency that in this affair the tumult and disorder were not
inspired by a spirit of hostility against the consular representative of
the United States. The outbreak was caused in the beginning by motives
and tendencies of an entirely different spirit and one which implied not
the slightest feeling of antagonism to the good and loyal friendship of
Peru toward the country which your excellency so worthily represents.
The injury to the consular functionary and his office was almost
incidental. It occurred in the midst of disorder and was brought about
solely by the proximity of the office to the building which was the
direct object of attack. It was committed by a group of persons whose
actions had merited in every case the reprobation of the Peruvian
society and the Peruvian Government. Animated always by a desire to
strengthen the bonds of friendship with the nation and with the
Government of the United States, such acts have not received for a
single instant, nor can they receive, official sanction.
With these considerations in view, your excellency can be assured that
the events referring to the consular agent of the United States in
Mollendo, and the measures adopted by the Government of the undersigned,
can not weaken the bonds of reciprocal affection which have existed
between the two countries for so many years.
The Government of the undersigned, yielding to the inspirations and to
the highest interests of justice, has been moved, as can be seen, to
take measures for the clearing up of these acts, for the punishment of
the guilty, and the consequent reparation due to those, like the
consular agent of the United States, who have been the victims, of the
outbreak.
I am, etc.,
