823.00 Revolutions/365: Telegram

The Secretary of State to the Ambassador in Peru (Dearing)

40. Your despatch 1938, July 18. With reference to first paragraph of your note of July 12 to Foreign Minister and his reply of July 13, you are authorized to address another note to him stating that this Government denies right of the Peruvian authorities to compel citizens of the United States to fly airplanes in military operations, and does not admit that the immunity of such citizens is impaired by provisions in the contract between Peruvian Government and the Peruvian Airways Company.

From strictly legal standpoint it is doubtful at the least that this Government can deny the right of Peruvian Government to requisition, in case of military necessity, American owned airplanes and material in Peruvian territory, but you may continue to urge Peruvian authorities to avoid action which will interfere with airplane service between the United States and Peru.