811.24523/8–3046: Telegram

The Acting Secretary of State to the Ambassador in Peru (Cooper)

us urgent

764. Reurtel 948, Aug. 30.66 We are profoundly concerned over development of Talara incident as indicated in Peruvian note although it appears the Peruvian preoccupation results at least in [Page 1244] part from misapprehension relative to implications contained in your note (yourtel 941, Aug 29) and in particular to your having apparently submitted this note without having previously answered Peruvian note of Aug 23. We appreciate of course that you could not have done so prior to receipt instructions contained in Deptel 756, Aug 28, but we have received no information from you thus far concerning action taken pursuant to that telegram. Please inform us whether you have in fact discussed the matter on the basis of that tel with Pres Bustamante and/or FonMin.

In any case, in view of Peruvian Senate’s unanimous resolution Aug 29 (published in press here) and FonMin’s note handed you that evening, Dept considers that Perú has in fact insisted on demand for jurisdiction and you should accordingly seek interview with both Pres and FonMin at earliest possible moment. After reiterating this Govt’s regret over situation you should then explain that your note 146 was not in reply to Peruvian note of Aug 23, on the contrary latter had been immediately referred to Dept and Dept’s reply was sent out 4 PM Aug 28 (unfortunately delayed in transmission) but did not reach you (Dept so assumes) until after you submitted note 146 which was in reference only to desire assure speedy military justice by obtaining evidence necessary Peruvian witnesses. Inform them US has at no time questioned Peruvian jurisdiction but, in accordance international comity and following well-established precedents in Great Britain Brazil and other countries where US Armed Forces have been stationed, it sought a quick and publicity-free solution of this regrettable incident in endeavor obviate serious repercussions.

You will orally assure Pres and FonMin your instructions envisage transmission of a note which will entirely satisfy Peruvian Govt and people.

Miller and Bethany and any others implicated should accordingly be surrendered to proper Peruvian authorities. We naturally assume that Peruvian Govt will be guided with respect to Sgt Eiland by views US Army Surgeon re moving him at present or even endeavoring take his testimony.

Please cable text note submitted in accordance with above and keep Dept fully informed.

War Dept has been informed and concurs.

  1. Not printed.