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ported by the national Congress, which is a body reo- disinterested arbitration, in the event of disagreement ognized by the Constitution, and is an effort toward and such means becoming necessary, should a time be the re-establishment in the country of a regular and stipulated for the payment. But we are also openly constitutional governinent. You are mistaken when of the opinion that Peru should have the opportunity, you say "the Chilians sympathize with it." No such with full and free discussion of the terms of peace, of thing.' It desires peace in common with the whole offering said indemnity in a satisfactory shape, and country, but it will not sacrifice the national honor that it is contrary to the rules which should prevail nor will'it cede territory in order to obtain it. Chili among civilized nations to proceed at once, and as a desires and asks for Tarapaca, and it will recognize sine qua non condition, to incorporate into Chilian the government which agrees to its cession. The Cal- jurisdiction territory which is undoubtedly Peruvian, deron government will not cede it. It remains to be without having previously proved the incapacity or seen whether that of Piérola will prove more pliable. unwillingness of Peru to meet the indemnity in some

Meanwhile, under the system inaugurated in Aya- other forin. Such conduct on the part of Chili would cucho and carried into practice by the prefects, the meet with the most decided disapprobation on the Peruvians themselves are worse ene nies of the Peru- part of the United States. We are, therefore, of the vians than are the Chilians, and the efforts of the opinion that the act of taking possession of Peruvian friends of Peru are paralyzed by their internal dissen- territory and annexing it to Chili, whether it be exesions. When the United States asks Chili why it cuted simply by force of arms or similarly dictated as does not arrange peace, the answer is given that in an imperative condition of a cessation of hostilities, Peru there is no government with which to treat. in open contradiction to foriner declarations of Chili Would it not be better to put an end to this state of in this respect, will be justly considered by other affairs, and that all true Peruvians should unite to nations as an evident sign that Chili has adopted an support a chief of the state whom all parties and fac- aggressive and conquering policy for the purpose of tions would join in supporting for the purpose of sav territorial aggrandizement. “The United States deing the country from imminent ruin, restoring peace, sires, above all things, that peace should exist among and the orderly and pacific reign of the Constitution the South American republics, and that commerce and laws!

S. A. HURLBUT. and industry should jointly serve to the development A. GARCIA Y Garcia, Esq., Ayacucho.

of their wondrous resources, to their advantage and to The first public intimation of the views of the benefit of the world at large; and we can not see our Government in regard to the ineffective any good reason why the state of war should be fur

ther prolonged, to the serious detriment of such rightnegotiations for peace between President Cal- ful interests, nor can we see any well-founded cause deron and the Chilian representatives was con- why peace, under just conditions, should not be veyed in the following communication from brought about, within a short time, without any unMinister Hurlbut to General Patrick Lynch, tire satisfaction of all legitimate claims on the other. commander of the Chilian forces in Peru, sent

S. A. HURLBUT. in September, and here given in a translation To Rear-Admiral the Hon. PATRICK LYNCH. from the Spanish original: MR. ADMIRAL: With the object of preventing any

The publication of this memorandum occamisunderstanding as to the conversation I held yes- sioned no little excitement on the west coast. terday with you in regard to the existing state of af- Among Peruvians it was believed to portend fairs between Peru and Chili, I thought it would be

a forcible interference in their behalf by the better to put in writing what I then stated. Without referring to the cause of the war, I understand the United States, and the wildest rumors were opinion of my Government to be, that all the legiti- soon afloat. By Chilians, on the contrary, mate objects of the war were realized by the disas- Minister Hurlbut's letter was condemned as trous defeat of the Peruvian armies, the capture or undiplomatic and improper in form and andestruction of its vessels, and the occupation of the

warrantable in tone. The excitement extended capital and all the coast. When all organized and formidable resistance has disappeared, the state of to official circles, and Señor J. M. Balmaceda, war should cease. The victory of Chili is so complete the Minister of Foreign Affairs in Santiago, that peace is a necessity for the national existence of addressed a note on the subject to General KilPeru, and it is to the interest of both countries to ad; patrick, the United States Minister to Chili. just a peace as speedily as possible. Commerce and the rights of neutrals have suffered enough, and the

The Chilian Minister expressed his opinion that large interest owned in Peru by foreigners (many of the declarations of Mr. Hurlbut's memorandum whom are Americans) should not, for a longer time, were not the "expression of the circumspect, be exposed to an unnecessary prolongation of the war. noble, and loyal policy which the United States I must also declare that, although the United States have observed toward the belligerents in the recognize all the rights acquired by the conqueror in accordance with the law of civilized warfare, they dis- Pacific. . . . The strange publicity given to approve of war which has territorial aggrandizement Mr. Hurlbut's document," the Minister further in view, or the violent dismemberment of a country, stated, “compels me to direct myself to your unless as a last resource, and in consequence of su Excellency in order to obtain an answer which preme emergency. As a frontier question has never shall officially re-establish the truth and the tries do not adjoin, and because Chili has publicly sincerity of the relations which our respective and officially repeatedly denied any intention or de- governments honorably cultivate. The speech sign to forcibly annex territory, we are clearly, of the which Mr. Hurlbut pronounced on presenting opinion that such a proceeding now would be incom- his credentials to the now extinct Government patible with the dignity and public faith of Chili, and that it would be calamitous to the future tranquillity of Garcia Calderon; the memorandum directed of both countries, perpetuating a serious grievance to Admiral Lynch, when diplomatic matters which would constantly lead to trouble. The United were not under discussion ; his well-known States admit as a principle of public right that Chili letter against Piérola, to whom Mr. Christiancy possesses the right (in consonance with the code of war) to a complete indemnity for the costs of the war,

was accredited, and whose plenipotentiaries deand' that Peru should pay such indemnity as might bated in Arica, in presence and with full conbe agreed on by the two parties, or determined by sent of the United States, may tend to produce

deplorable perturbation, and to inspire the sequently trust that the Government of your Excelenemy with vain hopes, or to promote resist- lency will continue to retain faith in the ancient and ance which can not effect the end of the war, ship has been of so many years' duration, and which but must render it more sanguinary.” In reply, never was more faithful nor intimate than at present. General Kilpatrick categorically contradicted his Lima colleague. He wrote:

The republication in this country of the In the first place, allow me, your Excellency, to as

memorandum addressed by Minister Hurlbut sure you in the most emphatic manner that the Chilian to General Lynch and General Kilpatrick's Government has nothing to fear either from the in- letter to Señor Balmeceda, together with the tentions or the attitude my Government will assume intimation that Mr. Hurlbut was preparing a with respect to the war in the Pacific. The Govern- rejoinder to the statements in General Kilpatment of the United States has never interfered offi- rick's letter which reflected on him, furnished ciously in the affairs of other countries, even when its own interests were compromised, and much less would the text for a large number of newspaper arit do so when only the interests are involved of ticles, in which both ministers were severely friendly nations, with respect to which no motive can censured for the unseemly controversy in which exist which should lead us to favor either one or the they had engaged. In order that the public Hurlbut, also the speech delivered by him at his re- might understand the relation of the State Deçeption by President Garcia Calderon, both documents partment to a dispute in which the consistency having been forwarded to me from Lima, and by me and harmony of its instructions to our Minisat once brought to the knowledge of my Government. ters in South America had been called in quesThe first of these documents can not be considered of tion, Secretary of State Blaine, on December in the note of which your Excellency forwards me a 11th, furnished for publication copies of the copy. The instructions given me by my Government following documents, of which only unessenare certainly the same as those sent to Mr. Hurlbut, tial portions are here omitted: and it can be affirmed with certainty that they do not coincide in their spirit with that which predominates

1. in the document referred to by your Excellency. The

DEPARTMENT OF STATE, instructions from Mr. Blaine, the Secretary of State,

WASHINGTON, May 9, 1881. can not bear a double meaning, and so certain is this, I. P. Christiancy, Esq;, etc., Lima. and such confidence was felt in the intelligence, jus Sir: In your last dispatch you informed this detice, and generosity of the Government of Chili, that I partment that the Chilian Government refused absowas authorized to place them before his Excellency the lutely to recognize General Piérola as representing President of this Republic, or his Ministers, if a mo the civil authority in Peru, and that Señor Calderon ment should arrive when I might deem it advisable was at the head of a Provisional Government. If the so to do. In order to dispel all doubts from the mind Calderon Government is supported by the character of your Excellency as to the attitude of my Govern- and intelligence of Peru, and is really endeavoring to ment respecting the conditions of peace between Chili restore constitutional government, with a view both and Peru, and its determination not to interfere in the to domestic order and negotiation with Chili for peace, question, I have no hesitation in here copying a para- you may recognize it as the existing Provisional Gorgraph from those instructions, and which runs as fol- ernment, and render what aid you can by advice and lows: “Since the Arica conference closed, the war good offices to that end. Mr. Elmore has been rehas terminated with the complete success of Chili, and ceived by me as the confidential agent of such Prowith what may be considered little less than the con

visional Government. JAMES G. BLAINE. quest of Peru. This Government can not persuade [Note.-In pursuance of the above, Mr. Christiancy, itself to believe that the offer of friendly intervention on June 26th, formally recognized the Calderon Govin the question now pending would be agreeable to ernment several weeks in advance of the arrival of the Chilian Government. But I am certain that Gov- General Hurlbut.] ernment will appreciate the natural and profound in

II. terest which the United States feels in the termina

DEPARTMENT OF STATE, tion of a situation which is so calamitous in its conse

WABHINGTON, June 16, 1881. quences to the best interests of the South American Stephen A. Hurlbut, Esq., etc. republics. The Government of Chili should also be Sir: The deplorable condition of Peru, the disoraware that, if at any time the interposition of the good ganization of its government, and the absence of preoffices of this Government can contribute to the re- cise and trustworthy information as to the state of establishment of friendly relations, the United States affairs now existing in that unhappy country, render would promptly offer such interposition on the desire it impossible to give you instructions as full and defifor such being manifested." These instructions also nite as I would desire. Judging from the most recent say: "In all conversations connected with this mat- dispatches from our Ministers, you will probably fird, ter which may be held with members of the Govern on the part of the Chilian authorities in possession of ment of Chili, you must conform to the known ruling Peru, a willingness to facilitate the establishment of of international law, and that under no circumstances the Provisional Government which has been attempted shall you officially offer any advice to the Government by Señor Calderon. If so, you will do all you propof Chili which shall not previously have been solicited erly can to encourage the Peruvians to accept any reaby it.” Another clause refers to the provisional gov- sonable conditions and limitations with which this ernment of Señor Garcia Calderon, which the Wash- concession may be accompanied. It is vitally imporington Cabinet hoped to see established, and instructs tant to Peru that she be allowed to resume the functions me to encourage it only in a manner 'becoming the of a native and orderly government, both for the purdignity and neutrality of a plenipotentiary without in- poses of internal administration and the negotiation terfering in any manner which might appear officious. of peace. To attain this end it would be far better to It appears to me that these extracts from the in- accept conditions which may be hard and unwelcome, structions given me by my Government will suffice to thian, by demanding too much, to force the continuconvince your Excellency that there is no intention on ance of the military control of Chili. It is hoped that the part of my Government to interfere arbitrarily in you will be able, in your necessary association with the contest in the Pacific, and that its actions and the Chilian authorities, to impress upon them that the conduct proceed from a friendly nation, which en more liberal and considerate their policy, the surer it deavors to act in the most delicate manner. I con- will be to obtain a lasting and satisfactory settlement.

The United States can not refuse to recognize the promptly offered. While, therefore, no instructions rights which the Chilian Government has acquired by are given you to tender officially any advice to the the successes of the war, and it may be that a cession Government of Chili which is unsought, you will, on of territory will be a necessary price to be paid for such opportunity as may occur, govern your conduct peace. It would seem to be injudicious for Peru to and representations by the considerations to which I declare that under no circumstances could the loss of shall now call your attention. territory be accepted as the result of negotiation. The Without entering upon any discussion as to the great objects of the provisional authorities of Peru causes of the late war between Chili on the one side would seem to be to secure the establishment of a and Peru and Bolivia on the other, this Government constitutional government, and, next, to succeed in the recognizes the right which the successful conduct of opening of negotiations of peace, without the declara- that war has conferred upon Chili, and in doing so I tion of preliminary conditions as an ultimatum on will not undertake to estimate the extent to which the either side. It will be difficult perhaps to obtain this Chilian Government has the right to carry its calculafrom Chili, but, as the Chilian Government has dis- tion of the indemnities to which it is entitled, nor the tinctly repudiated the idea that this was a war of con- security for the future which its interests may seem to quest, the Government of Peru may fairly claim the require. But, if the Chilian Government, as its repopportunity to make propositions of indemnity and resentatives have declared, seeks only a guarantee of guarantee before submitting to a cession of territory. future peace, it would scem natural that Peru and BoAs far as the influence of the United States will go in livia should be allowed to offer such indemnity and Chili, it will be exerted to induce the Chilian Govern- guarantee before the annexation of territory, which is ment to consent that the question of cession of the the right of conquest, is insisted upon. It these powterritory should be the subject of negotiation, and not ers fail to offer what is a reasonably sufficient indemthe condition precedent upon which alone negotiation nity and guarantee, then it becomes a fair subject of shall commence.

consideration whether such territory may not be exIf you can aid the Government of Peru in securing acted as the necessary price of peace. But at the consuch a result, you will have rendered the service clusion of a war, avowedly not of conquest but for the which seems most pressing. Whether it is in the solution of differences which diplomacy had failed to power of the Peruvian Government to inake any ar settle, to make the acquisition of territory a sine qua rangements at home or abroad, singly or with the as non of peace, is calculated to cast suspicion on the sistance of friendly powers, which will furnish the professions with which war was originally declared. necessary indemnity or supply the required guaran It may very well be that at the termination of such a tee, you will be better able to advise me after you contest the changed condition and relation of all the have reached your post. As you are aware, more than parties to it may make readjustment of boundaries or one proposition has been submitted to the considera- territorial changes wise as well as necessary ; but this, tion of this Government, looking to a friendly inter where the war is not one of conquest, should be tho vention by which Peru might be enabled to meet the result of negotiation and not the absolute preliminary conditions which would probably be imposed. Cir-condition on which alone the victor consents to negocumstances do not seem at present opportune for such tiate. At this day, when the right of the people to action; but if, upon full knowledge of the condition govern themselves, the fundamental basis of repubof Peru, you can inform this Government that Peru lican institutions is so widely recognized, there is can devise and carry into practical effect a plan by nothing more difficult or more dangerous than the which all the reasonable conditions of Chili can be met forced transfer of territory, carrying with it an indigwithout sacrificing the integrity of Peruvian territory, nant and hostilo population, and nothing but a necesthe Government of the United States would be willing sity, proved before the world, can justify it. It is to tender its good offices toward the execution of such not a case in which the power desiring the territory a project. As a strictly confidential communication, I can be accepted as a safe or impartial judge. inclose you a copy of instructions sent this day to the While the United States Government does not preUnited States Minister at Santiago. You will thus be tend to express an opinion whether or not such an advised of the position which this Government as annexation of territory is a necessary consequence of sumes toward all the parties to this lamentable con this war, it believes that it would be more honorable

JAMES G. BLAINE. to the Chilian Government, more conducive to the seIII.

curity of a permanent peace, and more in consonance DEPARTMENT OF STATE,

with those principles which are professed by all the WASHINGTON, June 15, 1881. ) republics of America that such territorial changes Judson Kilpatrick, Esq., etc.

should be avoided as far as possible; that they should Sir: The unfortunate condition of the relations be never be the result of mere force, but, if necessary, tween Chili and Peru make the mission upon the should be decided and tempered by full and equal disduties of which you are now entering one of grave re cussion between all the powers whose people and sponsibility and great delicacy. Difficult as would be whose national interests are involved. At the present any intervention of the United States under ordinary moment the completeness of the victory of Chili seems circumstances, our position is further embarrassed by to render such a diplomatic discussion impossible. the failure of the conference at Arica, undertaken at The result of the conflict has been not only the defeat our suggestion. It is evident from the protocols of of the allied armies, but the dissolution of all responthat conference that Chili was prepared to dictate and sible government in Peru. Its soil is occupied, the not to discuss terms of peace, and that the arbitration collection of its revenues transferred to the conqueror, of the United States upon any questions of difference and its executive, legislative, and judicial functions are with the allied powers of Peru and Bolivia was not in abeyance. It can neither enforce order within nor acceptable and would not be acceptable by the Chilian assure peace without. An effort, and apparently a Government. Since that time the war has closed in very earnest and honest one, has been made to create the complete success of Chili, and in what can scarcely a provisional government which shall gradually restore be considered less than the conquest of Peru and Bo- order and the reign of law. But it is obvious that, for livia. . . . But I am sure the Chilian Government such a government to succeed in obtaining the confiwill appreciate the natural and deep interest which the dence, either of its own people or of foreign powers, United States feels in the termination of a condition it must be allowed a freedom and force of action which so calamitous in its consequences to the best interests can not be exercised while Chili holds absolute possesof all the South American republics. It should also sion and governs by military authority. This Govknow that, if at any time the interposition of the ernment, therefore, has been glad to learn from its good offices of this Government can contribute to the Minister in Chili, whom you succeed, that the Chilian restoration of friendly relations between the belliger- authorities have decided to give their support to the ent powers, they will, upon proper intimation, be efforts of Señor Calderon to establish on a steady foot

flict. ...

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