Mr. Dudley to Mr.
Hay.
Legation of the United States,
Lima, April 8,
1901.
No. 466.]
Sir: I have the honor to report that I have
to-day received from the Peruvian Government its draft for 3,000 soles
in settlement of the claim of Mr. William Fowks, a citizen of the United
States, who suffered at the hands of revolutionists at Tumbez, Peru, in
December, 1894. The claimant left Peru several months ago to accept an
employment at Pittsburg. Before going he gave to his father, Mr. Edward
Fowks of Paita, a general power of attorney to act for him in securing
settlement of the claim. The power, duly executed before a notary public
and witnesses at Paita, and there recorded, was deposited at this
legation by the senior Mr. Fowks while in Lima several weeks ago. The
amount of the collection, therefore, will be transferred to him as the
claimant’s authorized representative, and his receipt therefor forwarded
in due course to the Department.
The Peruvian foreign minister made his offer of settlement on the 16th
ultimo at the last of a number of conferences I had had with him upon
the subject.
The amount of the contribution extorted from the claimant was the
equivalent of about $200, so that the indemnity paid on account of his
imprisonment for twenty-four hours under the circumstances of
aggravation detailed in his memorial is about $1,300. He was one of a
number upon whom small contributions were levied at the same time and
place. His case, as I have learned verbally from his father, differs
from the others in that he did not, like them, deliver upon demand; but,
attentive to word sent him by his father in anticipation of the action
of the revolutionists, stood upon his rights until he had reached the
limit of physical endurance under the coercion employed.
On the whole, I believe that the principle herein involved, classifying
the case as a lesser MacCord claim, has been again vindicated, and, in
my telegram to you, I did not hesitate to pronounce in favor of the
fairness of the settlement, which I regard as a friendly manifestation
from this Government as well as an act of justice.
I have, etc.,
[Inclosure
1.—Translation.]
Señor de Osma
to Mr. Dudley.
Foreign Office,
Lima, March 22,
1901.
Mr. Minister: In reference to the
communications which your excellency has addressed to this ministry
in support of the claim of William Fowks, an American citizen, by
reason of events occuring in Tumbez during the year 1894, I have the
[Page 433]
pleasure to inform you
that without entering into any discussion as to the bases of said
claim, or performing any act which might serve to establish a
precedent either for or against analogous cases, I beg to submit to
your excellency the following arrangement of this question:
To pay to the claimant, Mr. Fowks, the sum of 3,000 soles silver, in
virtue of which payment his claim will become totally and definitely
canceled, not only as regards the ill-treatment and imprisonment
which he declares having suffered at the hands of the forces which
occupied Tumbez under the orders of Col. Felipe Seminario, but also
as regards the forced loan of 400 soles, the repayment of which with
interest has been solicited by the claimant.
I trust that your excellency’s Government will not fail to see in the
preceding proposal a new proof of the interest taken by the
Government of Peru in its endeavors to contribute toward the
maintenance of the cordial relations now existing between Peru and
the United States of America, and I have the honor to reiterate,
etc.
[Inclosure 2.]
Mr. Dudley to
Señor de Osma.
Legation of the United States,
Lima, March 27, 1901.
Mr. Minister: I have the pleasure of
acknowledging the receipt of your excellency’s esteemed note of the
22d instant, containing an offer of 3,000 soles in settlement in
full of the pending claim of Mr. William Fowks, a citizen of the
United States, for wrongs suffered by him at Tumbez in 1894. It is
noted that this settlement is proposed subject to the proviso that
it shall not hereafter be deemed to have established a precedent
applicable to analogous cases.
In reply I have the honor to notify your excellency that I accept the
offer, subject to the proviso wherewith it is coupled. It will also
afford me unusual satisfaction to inform my Government of the
conclusion herein reached, though differing in an unimportant sense
from its own proposal, and of the friendly and equitable spirit
toward it wherewith I well know your excellency’s Government, and no
less your excellency personally, has been actuated in the present
accord and satisfaction.
I trust that your excellency will accept my acknowledgment of
indebtedness for your unvarying courtesy in the discussion of this
and all other questions which have arisen in the course of our
official relations, permitting me to add renewed assurance,
etc.,
[Inclosure
3—Translation.]
Señor de Osma
to Mr. Dudley.
Foreign Office,
Lima, April 6,
1901.
Mr. Minister: In fulfillment of the offer I
had the honor to make to your excellency on the 22d of last March
for the definite settlement of the claim of the American citizen,
William Fowks, and which your excellency saw fit to accept, I
herewith inclose a check, No. 434532, of the public treasury for
3,000 soles, national money, on the Bank of Peru and London.
Thus ending this affair, I take the opportunity to renew, etc.,
[Inclosure 4.]
Mr. Dudley to
Señor de Osma.
Legation of the United States,
Lima, April 8, 1901.
Mr. Minister: I have the pleasure of
acknowledging the receipt this afternoon of your excellency’s note
of the 6th instant, inclosing a check of the public treasury for
3,000 soles in settlement of the claim of Mr. William Fowks,
pursuant to the offer
[Page 434]
made
on the 22d ultimo. Under my instructions from the honorable
Secretary of State, it has been my aim to meet your excellency’s
friendly advances in a like conciliatory spirit, and I am glad to
believe that the conclusion herein reached will be equally
satisfactory to both Governments.
Thanking your excellency for the remittance, permit me once more to
renew, etc.,
