Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1901

Mr. Dudley to Mr. Hay.

Legation of the United States,
Lima, May 28, 1901.

No. 480.

Sir: I have the honor to append copy of telegram^a I sent the Department on the 26th, instant reporting Peru’s offer of 8,000 soles in settlement of the claim of Mr. James H. Hayball, a citizen of the United States, for loss of property suffered by him during the Cáceres revolution of 1885; and a copy of the Department’s telegram^a of to-day authorizing its acceptance.

I also inclose herewith a copy and translation of the note of Dr. Osma, the Peruvian foreign minister, containing the proposal, and a copy of the acceptance I have just sent him.

Preliminary to acting upon the foreign minister’s offer I had the claimant come to Lima to give me his views. As often happens in such cases, the valuation of the animals taken and of the damage to his garden proved to have been exaggerated. Placing, at my request, a conservative valuation upon the various items of loss complained of, it appeared from his statement that the total was between 8,000 and 9,000 soles. It is to be remarked that the estimate omits from consideration all claim to interest during the years indemnity has been withheld. Nevertheless, the claimant expressed himself as highly pleased with the offer, and I accordingly cabled the message above mentioned. It is pleasant to me to be able to add that the present foreign minister treated the reclamation not only without evasion but with candor and a fairness which is more or less apparent, eliminating the interest question, from the near coincidence of his compromise offer with the claimant’s present estimate.

I have, etc.,

Irving B. Dudley.

[Inclosure 1.—Translation.]

Señor de Osma to Mr. Dudley.

Foreign Office, Lima, May 21, 1901.

Mr. Minister: In reference to the interviews your excellency and I have had regarding the claim of J. H. Hayball, supported by your legation, I have the pleasure to state to your excellency that my Government has no objections to adjust the matter by a payment of 8,000 soles.

Your excellency will please to consider this decision as a proof of the sincere good feeling existing in the relations between the two Governments, without this settlement being in any wise considered as a precedent for the adjustment of other cases.

I avail myself, etc.,

F. de Osma.

[Inclosure 2.]

Mr. Dudley to Señor de Osma.

Legation of the United States,
Lima, May 28, 1901.

Mr. Minister: It affords me much pleasure to acknowledge the receipt this afternoon of your excellency’s esteemed note of the 21st instant, wherein an offer of 8,000 soles is made in settlement of the long-pending claim of Mr. James H. Hayball against the Government of Peru. I beg to express to your excellency my very sincere appreciation of the spirit in which the offer is made and the allusion to the cordial good feeling which happily subsists between our respective Governments and which I trust never to see diminish.

Your excellency’s proposal is respectfully accepted.

Congratulating myself, as well as your excellency, upon the conclusion reached, I embrace the opportunity, etc.,

Irving B. Dudley.

1. Printed ante.
2. Printed ante.