423.11 L 23/313: Telegram
The Ambassador in Peru ( Gonzales ) to the Acting Secretary of State
[Received January 1, 1921—1:10 p.m.]
141. Your May 6, and subsequent concerning Landreau claim.15 New Foreign Minister strongly antagonistic to claim. After repeated conferences and notes have eliminated objections and reduced his amendment to point I consider probably satisfactory to Department as follows:
Insert 9th line of preamble between “1875” and “which” following: “and out of the document of release granted the Peruvian Government by John Théofile Landreau under date of September 16th, 1892,”.
Substitute for section 1 “the questions to be determined by the arbitral commission are first, whether the release granted Peruvian Government in 1892 by John Théofile Landreau eliminated any claim which John Celestine Landreau the American citizen might have had against the Peruvian Government, and [second], if all claims were not thereby extinguished, what sum if any is equitably due the heirs or successors of John Celestine Landreau.”
Eliminate section 5 as unusual for such papers and would be considered reflecting dignity arbitration proposed.16
Section 8, two secretaries excessive for this work. If members of board cannot act President of Commission be authorized appoint secretary of his own nationality.
Section 11, first paragraph considered place Peru unfavorable position. As United States has reply to Peruvian answer Peru wishes a reply to that reply. Second paragraph on account of distance of [Page 676] Washington the time limit fixed for Peru’s answer and rejoinder should be greater by thirty days for each.
Section 14 substitute simple statement each Government pays its own arbitration expenses and one-half common expenses.
I assume our prime object is to let all questions be submitted special arbitration board sitting at Habana and the details or technicalities not affecting main issue unimportant. If above amendments are accepted I will redraft protocol and get it signed within two weeks. I urge early action Department so there may be no loss of progress made through possible change personnel of Peruvian Government.