Minister Dudley to the Secretary of State .
Lima, Peru , March 6, 1906.
Sir: Referring to my No. 1244, of January 26 last, I have the honor to inclose herewith a copy and translation of a note from the Peruvian foreign office, dated the 15th ultimo, from which it appears that in the absence of a convention between the United States and Peru this Government is without authority to grant our consular officers the privilege of administering upon the estates of deceased Americans. The right of consular administration, exercised by Italy under its treaty of 1893 with this country, was lost in consequence of the abrogation of the treaty by Peru. Peru’s action was clue to its dissatisfaction over questions that arose in the course of consular administration under the treaty, and was taken for the purpose of putting an end to the right. Of course the exercise of the same power will not now be allowed Italian consuls as a privilege and so, even if this Government were vested with discretionary power in the premises, could not with consistency be gratuitously allowed the consuls of any other nation.
The minister’s note, though dated the 15th ultimo, was not received at this legation until to-day. The explanation is that his note, as originally prepared and sent, was based upon a misconception of the scope of the request made by the legation (see my No. 1244) and that the note forwarded herewith, written later, was substituted for the original note, being given the same date and number.
My request, following closely the language of the instruction, was that the local Peruvian officials should notify the appropriate consular officer of any death of an American citizen that might occur [Page 1239] within his jurisdiction, for the purpose, as I in substance stated, of enabling our consul-general at Callao to avail himself of the privileges afforded in the case of the most favored nation in connection with the settlement of the estates of deceased Americans. This was understood by the foreign minister to mean for the purpose of enabling our consular officers in this country to watch such administrations and guard the interests of the heirs and successors by appearing therein when found advisable. Instructions to give our consuls the desired notifications were immediately sent, so the minister has verbally informed me, to all the departments, and those instructions are of course still in force.
It is true that since the abrogation, about eight years ago, of the treaty that gave us the right of consular administration in Peru the effects of our deceased countrymen have occasionally been taken into possession and been disposed of by the present consul-general and his predecessors. This must have been through the sufferance or inattention of the Peruvian officials. It has occurred in the case of intestates not domiciled in the country, of those without debtors or, creditors in Peru, and in cases wherein no question of the devolution of title to real estate was involved. That it will not be objected to in like cases hereafter seems to me probable.
A copy of the above-mentioned note from the Peruvian foreign minister has been furnished the consul-general at Callao.
I have, etc.,