823.00 Revolutions/373
The Ambassador in Peru (Dearing) to the
Secretary of State
No. 2097
Lima, September 10,
1932.
[Received September 19.]
Sir: I have the honor to refer to my despatch
No. 1938 of July 18, and the Department’s telegram No. 40 of August 9,
12 noon, regarding the employment by the Peruvian Government, during
domestic disorders, of pilots of the Pan American Grace Airways who are
American citizens, and to enclose copies of the Embassy’s note to the
[Page 960]
Foreign Office No. 288 of
August 10, 1932, the Foreign Office’s reply thereto dated August 29,
1932 with translation, and the Embassy’s note No. 297 [296] of September 12 [10], 1932.
Since the July Trujillo
revolution, the Government has not requisitioned Panagra planes or
pilots, but the question is almost certain to recur. A very delicate
situation now exists with the Leticia incident with Colombia,7
complicating an acute domestic unrest.
In the event of local uprising, it is probable that the Government would
wish to utilize Panagra planes which can only be flown by American
citizens. Both the Company and the pilots themselves object to
undergoing the risks inherent to military missions, but the Company is
not in a position to protest too strongly, first, because of its
contract with the Government whereby it agreed to furnish its planes and
equipment gratuitously in the event of domestic disorder, and, second,
because it must maintain amicable relations with the Government in order
to be free in the conduct of its business from as many harassing
regulations and retaliatory restrictions as possible. Thus, it appears
that the course to be taken is that followed during the Trujillo revolution, namely, when the
Embassy deems that the safety or lives of American citizens are
imperiled, to informally advise them that they accept Government
military service at their own risk and that they cannot be forced to
undertake such service through any provisions in the contract between
the Company and the Peruvian Government. They will, of course, be
informed that no contractual stipulations deprive them of their right to
protection as American citizens.
I should be very grateful for the Department’s instructions and after
their receipt shall make appropriate reply to the Foreign Office
note.
Respectfully yours,
[Enclosure 1]
The American Ambassador (Dearing) to the Peruvian Minister for Foreign Affairs
(Freundt
Rosell)
No. 288
Lima, August 10,
1932.
Excellency: I have the honor to refer to
the Embassy’s note No. 281 of July 12, 1932, regarding the use by
Your Excellency’s Government of pilots who are American citizens in
the employ of the Panagra Company at times of domestic disorder. I
have the honor also to refer
[Page 961]
to Your Excellency’s note No. 61 of July 13th in reply and to say
that I furnished copies of both these notes to my Government.
I have now received from my Government a cable instruction directing
me to say to Your Excellency’s Government, with regard to this
subject, that the Government of the United States denies the right
of the authorities of Your Excellency’s Government to compel
citizens of the United States to fly aeroplanes in military
operations and does not admit that the immunity of such citizens
from such enforced service is affected by provisions in the contract
between the Peruvian Government and the Peruvian Airways
Corporation, since it is derived from their status as citizens of
the United States, and the right of the Government of the United
States to protect its citizens cannot be contracted away.
I avail myself [etc.]
[Enclosure 2—Translation]
The Peruvian Minister for Foreign Affairs
(Freundt Rosell) to the
American Ambassador (Dearing)
No. 76
Lima, August 29,
1932.
Mr. Ambassador: Referring to Your
Excellency’s No. 288 dated August 10, 1932, concerning the
recognition by the Panagra Company of the right of the Government of
Peru to utilize the airplanes of the Company and the services of the
pilots who operate them, I have the honor to call the attention of
Your Excellency to the fact that the statement which your Government
has charged you by telegraph to make to mine, is founded in the
erroneous conception that Peruvian authorities oblige American
citizens to operate airplanes in military movements, whereas such
obligation was assumed voluntarily by the Company in the contract
which it entered into with my Government. If this contract in any
manner affects the immunity of these citizens, it is certainly not
because the authorities oblige a forced service, but in virtue of a
freely contracted obligation, the responsibility for which can not
be blamed on my Government, inasmuch as it was the American Panagra
Company which engaged for the services of its pilots in the
emergencies of military operations. Regarding which, and in all
truthfulness, I should certify that we have no advices that either
the company or its pilots have entered objections to the obligation
which they contracted. Thus, if the status of American citizens and
the right of protection which corresponds to Your Excellency’s
Government cannot be the subject of contractual stipulations,
neither is it possible to doubt the right of these same citizens to
contract
[Page 962]
personal
obligations in determined emergencies, without grounds for the
exercise of diplomatic protection in their behalf, inasmuch as they
acquiesce in the carrying out of the obligations they assume with
prescindence [prescindencia] of this
protection.
I am confident that when the Government of Your Excellency considers
this aspect of the matter, it will feel disposed to clarify the
sense of the instructions which it imparted on the subject to Your
Excellency by cable.
I take [etc.]
[Enclosure 3]
The American Ambassador (Dearing) to the Peruvian Minister for Foreign Affairs
(Zavala
Loayza)
No. 296
Lima, September 10,
1932.
Excellency: I have the honor to refer to
Your Excellency’s note Number 76 of August 29, 1932, concerning the
right of the Government of Peru to utilize in times of domestic
disorders the services of American citizens who are pilots of the
Panagra Company, and have put before my Government the consideration
therein expressed.
I shall be glad to communicate to your Excellency such reply as my
Government may instruct me to make.
I avail myself [etc.]
