Department of State,
Washington,
D. C., June 5,
1886.
No. 68.]
[Inclosure.]
Mr. Wharton,
Solicitor, to the Secretary of
State.
Law
Bureau, March 3,
1886.
Report No. 210.]
Sir: I have examined the papers which are
hereto annexed and I have no doubt that they present a case which
will justify a grave demand for redress from the Government of Peru.
The facts on which the claim is based may be briefly stated as
follows:
On July 20, 1885, a force of 16 armed and uniformed men, of the party
of General Cáceres, proceeded to Mr. Hay ball’s farm, some 33 miles
from the coast, seized that gentleman, and demanded of him 20
horses, the same number of rifles, and a large amount of ammunition.
He did not possess the rifles or ammunition, and refused to give up
his horses, standing on his rights as an American citizen and
consular agent at Chimbote. His animals, to the number of 80, were
then seized, his store was pillaged, his orchard was laid waste, and
he was forced to provide for his captors for the night. Of his
animals, all but 28 were afterwards returned to him.
On the 4th of August following, 8 more horses were taken from him in
a similar manner. On the next day, Mr. Hayball went to Chimbote to
complain to the commander of the whole force. He was promised
redress, but was made to pay the land tax for the current year,
$144. The promise was not fulfilled. On the 15th of November last,
Mr. Hayball was compelled to pay the land tax again to the
representative of the other party. This time he was assessed $180.
These repeated exactions and the seizure of his property have nearly
ruined the claimant, and he asks that Peru should make good to him
his losses.
He further states that during the ten years he has lived at Chimbote
he has never had anything to do with the political questions of the
country, or violated his neutrality as an American citizen.
I therefore respectfully report that our minister at Lima should be
called upon to demand from the Government of Peru a suitable
redress, both for the insult to this Government in the person of its
consular agent and for the personal injuries to the claimant.
All of which is respectfully submitted.
Francis Wharton, Solicitor.
