Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1904

Mr. Neill to Mr. Hay.

American Legation,
Lima, Peru, November 19, 1903.

No. 817.]

Sir: In accordance with a request from L. H. Shearman, esq., manager of the New York commercial house of Messrs. W. R. Grace & Co., having a branch in this city, I again called the attention of this Government to their long-pending claim in a note addressed to Dr. José Pardo, the minister for foreign relations of Peru, a copy of which I herewith inclose for your consideration, calling his attention to the facts as presented to this legation.

It appears the Government included in the budget this account, but it was objected to in the Chamber of Deputies. The minister of finance said that the Government had only placed this item in the budget in view of the possibility of the claim being supported diplomatically, otherwise it was altogether a matter of indifference to the Government whether the Chamber eliminated this account or not. After some discussion, in accordance with the request of Deputy Gazzain, the claim of Messrs. W. R. Grace & Co. was left out, so as to be discussed at some later date.

This claim, which has been pending for the past seventeen years, will be still further delayed, to the serious detriment of the claimants, notwithstanding the fact that the balance due them is in accordance with the decision of the supreme court of Peru, and adjustment of account as made by the “tribunal mayor de cuentas” in conformity therewith.

In view of what had been already written in relation to this subject, I begged to call his excellency’s attention to the last communication emanating from this legation to the foreign office here, No. 76, March 3, 1899, in which the minister of the United States, acting under instructions from his Government, expressed himself as follows:

A continuance of the conditions which have so long blocked progress in this case would be deemed by my Government to afford foundation for its diplomatic intervention based upon a denial of justice.

All of which I submitted to Doctor Pardo, stating that further delay in taking action looking to the immediate settlement can only have the appearance of a postponement of its adjustment.

Trusting nry action will meet with your approval, I have, etc.,

Richard R. Neill.

[Inclosure.]

Mr. Neill to Doctor Pardo.

American Legation,
Lima, Peru, November 19, 1903.

Mr. Minister: I have the honor to most respectfully call the attention of your excellency’s Government to the various notes from this legation, viz: No. 52, of October 3, 1898; No. 58, of November 11, 1898, and No. 76, of March 3, 3899, to the Peruvian foreign office, all relative to the long-pending claim of Messrs. W. R. Grace & Co., of New York City.

It appears by the late action of the Peruvian Congress, now in extraordinary session, as noticed in El Comercio, of this city, in its morning edition of the 38th instant, that the settlement of this just account, which has been pending for the past seventeen years, will be still further delayed, to the serious detriment of the claimants, notwithstanding the fact that the balance due them is in accordance with the decision of the supreme court of Peru, and adjustment of account as made by the “tribunal mayor de cuentas,” in conformity therewith.

I beg to call your excellency’s attention to the note emanating from this legation, directed to the ministry for foreign relations, No. 76, March 3, 1899, in which the minister of the United States, acting under the instructions from his Government, expresses himself as follows:

“A continuance of the conditions which have so long blocked progress in this case would be deemed by my Government to afford foundation for its diplomatic intervention based on a denial of justice.”

All of which I would respectfully submit to your excellency’s kind consideration, as it seems to me further delay in taking action looking to the immediate settlement can only have the appearance of a postponement of its adjustment.

I have, etc.,

Richard R. Neill.