that some of the officers were under the influence of liquor, and fearing for the life of the prisoner in such a place, had gone to the prefect and asked to have the prisoner changed to some other place of confinement, and about midnight he was transferred to the "cuartel de los Yercicios." On the following day, June 13, the prisoner was verbally notified by the subprefect, Don Francisco Llosa, that by order of the prefect he must pay a fine of 10,000 soles for the escape of the engine, and that it must be paid at once or severe measures would be taken against his person to compel the payment; that no delay would be allowed, and, to the end that his orders might be strictly and rigidly carried out, the prisoner would be remanded to the “cuartel de San Francisco." Reply (also verbal) was returned, saying that it was entirely unjustifiable to impose a fine implying culpability, without even a semblance of an investigation, and that a trial was asked for in order to establish the facts and show who was responsible for the escape of the engine. It was not allowed, and about 7 o'clock in the evening the threat of returning the prisoner to San Francisco was carried out. In view of this proceeding, after what had transpired there the night before, the entire foreign colony resident in this city, headed by the consular corps, went in a body to the prefect's house and obtained from him a promise to have the prisoner confined in some other place which offered more security for his life, and that he would be given a prompt trial in accordance with the laws of the country. The first was speedily complied with, and the prisoner transferred to the "cuartel de la Maestranza" the same evening. The following day, June 14, notice was given by verbal message from the prefect that if the 10,000 soles was not paid before 3 o'clock in the afternoon the "extreme measures" threatened would be applied and the fine increased to 15,000, and if delayed longer to 20,000 soles. Reply was made reiterating the demand for trial and protesting against the illegality of the fine and non fulfillment of the promise of trial, made the night previous to the consular corps and to the several members of the foreign colony, which had not been kept, nor has it been up to the time of entering this protest. All was ignored and only threatening replies were received. Convinced of the arbitrary proceedings which were evidently to be employed to compel the payment, it was suggested that the amount of the fine be deducted from the balance due the railway by the Government for work done; this was also refused. On the morning of the 15th word was brought that by order of the prefect the prisoner, MacCord, should not be allowed either food or water, and that every article of furniture be removed from his cell, which order was forth with carried out. The cell was a damp one, with a brick floor, and the prisoner was compelled to stand, as everything, even to a rough stone, which might have served as a seat, was taken away. Without anything to eat or drink since the previous day, it was impossible to stand this, and every exertion was now made to procure the money, which had to be borrowed, as on account of the almost complete paralyzation of traffic for nearly a year past, owing to political disturbances, the railway was unable to earn sufficient to even pay its workmen. Thanks to some of the commercial houses of this city the money was raised, and at 3 o'clock in the afternoon the prisoner was allowed to go at liberty. It appearing by the foregoing deposition that the laws of the country have been defiantly infringed by an authority who, not being a judge, imposes fines and executes punishments arbitrarily and in violation of the laws, and by keeping the prisoner over the time allowed by law, without submitting him to the proper tribunal for trial, and subjecting him to barbarous and inhuman treatment whilst so detained, I, Victor H. MacCord, do make this my formal protest against the arbitrary and abusive proceedings of the aforesaid prefect of Arequipa, Col. Don Manuel San Roman, and do declare that the 10,000 soles in silver coin were paid under pressure of violence and reserving the right to make claim to a higher authority and to the tribunals of justice of the country and to appeal to diplomatic ways, if necessary, in defense of my own personal rights and in protection of the interests confided to my care. Let it be put on record that the first use made of my liberty is to enter this protest at the British vice-consulate, this 16th day of June, 1885. V. H. MACCORD. Thus protected and declared in due form of law at Arequipa aforesaid, the day, month, and year first before written. ALEX. HARTLEY, Acting British Vice-Consul. [Translation of the notes embodied in the foregoing protest.] Give by telegraph the necessary orders to completely destroy the railway track between Cachendo and La Joya. You have time to comply with the terminant order until to-morrow early, because, being, as you are, in the power of the authority who has to perform its duty in these circumstances, the mere fact of the fugitive engine attempting to pass La Joya in direction to this city, will put in the case of shooting you without the least delay, as you are the only person responsible for what has happened. God guard you. MANUEL SAN ROMAN. Mr. A. TAMAYO, Resident Engineer: Please dictate the necessary measures to carry out the above-indicated order of the prefect. V. H. MACCORD, San Francisco Parracks. Feeha ut supra. Orders given by Roman while MacCord was in prison. M. PEROZ. VITOR: [First.] Answer if you have broken the large water pipes. MacCord's life depends on it, and a grave responsibility rests on your shoulders; or do you not comply strictly with my orders. SAN ROMAN. [Second.] M. COMMISSARIAT VITOR: If you do not comply with the orders to take up the rails on the line ahead and empty the water tanks, and if the engine that has passed there returns, I will shoot MacCord, as he is already under sentence of death. Advise me all night of everything that occurs. SAN ROMAN. Such orders were authenticated and certified to by Mr. Alex. Hartley, British vice-consul. On July 24, 18-5, the following protest was, by Mr. MacCord, forwarded to Mr. Buck at Lima, as appears from the following communication: Mr. MacCord to Mr. Buck. AREQUIPA, July 24, 1885. SIR: I take the liberty to inclose herewith certified copy of a protest made by me before the British vice-consul in this city on the 16th day of last month, and beg you to advise me what further steps should be taken, if any, in order to make a claim for the outrages committed against my person, as set forth in the said protest. I have, etc., V. II. MACCORD. (See Ex. Doc. No. 4, Fifty-third Congress, third session, pp. 3, 4.) The above letter, it would seem, was induced by the receipt of a letter by Mr. MacCord from the resident United States minister, Mr. Gibbs, and written from La az under date of July 17, 1885, advising MacCord "to make a claim against Peru for at least $100,000 damages and to give Mr. Buck a detailed account of the whole matter." (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 3.) The allegations contained in the foregoing protest of MacCord were supported by the following testimonial: [Inclosure 1 to inclosure 1 in No. 442.-Translation.] Those who subscribe, natives and strangers, resident in this city during the month of June, 1885, having been well acquainted with the terms of the protest which preceded, made by Mr. MacCord, superintendent of the railroads of Mollendo to Puño and Cuzco, before Mr. Alex. Hartley, vice-consul of Her Britannic Majesty in Arequipa, being animated by a lively sentiment of the strictest justice, consider it due him to declare, as in effect they do declare, that those things which it evidences, having been, in this locality, of public notoriety, absolutely conform with the truth of what occurred, all and each of the facts which are found set forth in the said protest. ? Which, with the respective signatures they desire to authenticate, for the ends which Mr. MacCord, the author of the aforesaid documents, may consider proper. Arequipa. C. WAGNER, [L. S.] Consul of the German Empire. Consul of the Netherlands. Vice-Consul, Argentina. JOSÉ V. RIVERA, [L. S.] Vice-Consul of Portugal. JOSÉ EGUREN, [L. S.] Vice-Consul of Spain. Consul of Austria-Hungary. Consular Agent of Italy. Consul of Bolivia. ALEX. HARTLEY, [L. S.] British Vice-Consul. E. PONCIGNON, [L. S.] Vice-Consular Agent of France. FRA. K. GIBBONS. WILLIAM CANNON. JNO. BOURCHIER. MNR. BUSTAMANTE Y Barreda. WALTER NICKOLSON. JAMES G. BEAUMONT. On October 30, 1885, Minister Buck wrote to Minister Bayard informing him that he had received through the mail a page of the Leader and Herald, a newspaper published at Cleveland, Ohio, of September 14, 1885, containing a letter giving an account of outrages committed on a United States consular agent at Arequipa, Peru, such letter being dated July 28, 1885. Mr. Buck also stated that the country was then involved in a civil war, and the larger portion of its territory was held by the Caceresta revolutionists, and that the prefect, Manuel San Roman, was the revolutionary chief in Arequipa. (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 2.) On March 22, 1886, Secretary Bayard, in reply to Senator Cameron's inquiry in person, stated that Minister Buck reported that The circumstances referred to transpired previous to his arrival in Peru, but that no protest or complaint from Mr. MacCord was found upon the records of the legation, and that the liability of the Peruvian Government for such injuries as MacCord complains of does not appear from anything except the newspaper communication of July last, which you (Cameron) handed me to-day. Under the circumstances, no sufficient ground appears as yet for further action of this Department. (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 10; also letter to committee received since date of Ex. Doc.) December 15, 1886, the Government of Peru approved and ratified the action of June, 1885, by the prefect and rebel chieftain Roman, President Iglesias having in the meantime been deposed by the revolutionists under General Caceres, who was installed as President of Peru at Lima. (See Ex. Doc. No. 18, Fifty-third Congress, third session, p. 4, paragraph 16.) On May 24, 1888, Mr. Buck wrote a dispatch to Secretary Bayard, inclosing letter of Minister Gibbs to MacCord, dated July 17, 1885; letter of MacCord to Mr. Buck of July 24, 1885, with protest of MacCord dated June 16, 1885, such protest containing statements of facts concerning the transaction of June, 1885. Mr. Buck, in his dispatch to Secretary Bayard, under date of October 30, 1885 (Ex. Doc. No. 4, Fifty-third Congress, third session, p. 2), stated he presumed "from inquiries he had made that the narration was in the main correct," adding that then, May 24, 1888 Mr. MacCord is at present consular agent of the United States at Molendo, latterly commissioned November 12, 1886. (See Department Register, p. 31; see Ex. Doc. No. 4, Fifty-third Congress, third session, pp. 2, 3, 4, and 5.) June 23, 1888, Mr. Thorndike, the manager of the railroad company, wrote a letter of complaint to Mr. Buck against renewed persecutions against Mr. MacCord (see Ex. Doc. No. 4, Fifty-third Congress, third session, p. 8), as follows: LIMA, June 23d, 1888. SIR: I have the honor to submit to you the accompanying note of cablegrams received from Arequipa in the course of the last few days. No. 1 announces that Messrs. MacCord, Beaumont, and Harmsen have had guards put on them for the purpose of exacting the payment of income tax on the profits which the Southern railroads are supposed to have yielded during the first half of the present year— that is, from the 1st of January until the 30th of this month. Nos. 2, 3, and 4 announce that action had been suspended against Messrs. Beaumont and Harmsen, but that MacCord was still being subjected to abuse and violence. You are aware that my father was the victim of the most iniquitous spoliation on the 6th of May last; that the fiscal administrators appropriated all materials, such as coal, oil, etc., which were his exclusive property, and that they have recovered the value of freights which were due previous to the said 6th day of May, which constitutes a further spoliation. Now they make use of the public force to exact taxes upon imaginary profits said to have been made in the first six months of this year, when it is a notorious fact that at the beginning of the fifth month the railroads were violently seized by the Government. This last act puts the finishing touch to the systematic outrages which the Peruvian Government, counting upon impunity, has shamelessly committed against the interests of my father. In defense of those interests, which I at present represent, I beg that you will take note of this new act of violence, and will take steps to secure Mr. MacCord against further molestation, who, as late superintendent of the railroads, only did his duty in obeying the orders given him by his employer, and who has nothing further to do with the railroads now they are in possession of the Government. As it has, however, been alleged that Mr. MacCord has had guards put on him for matters which do not concern the railroads, I feel called upon to represent to you that he has no business of any other kind in Arequipa, and that he has remained in that city solely for the purpose of acting there as my father's agent. In view of the foregoing statement it will be evident to you that Mr. MacCord is being persecuted with matters connected with the Southern railways and because it is supposed that he is my father's legal representative in Arequipa. I solicit your attention to the matter which is the subject of the present communication, and Í have the honor to be, etc., Hon. CHAS. W. BUCK, U. S. Minister. E. THORNDIKE. LEGATION OF THE UNITED STATES, Lima, Peru. I attest the foregoing to be a true copy from the files of this legation. This June 29th, 1888. RICHARD R. NEILL, Secty. U. S. Legation, Lima Peru. Mr. Rives to Mr. Black. No. 208.] DEPARTMENT OF STATE, Washington, D. C., June 23, 1888. SIR: In your No. 376, of the 24th ultimo, you inclose copy of a protest made on June 16, 1885, before the acting British vice-consul at Arequipa, by Mr. V. H. MacCord, an American citizen, and now consular agent of the United States at Mollendo, detailing the outrages inflicted on him in June, 1885, by the prefect of Arequipa, Col. Don Manuel San Roman, who was appointed by General Caceres. Mr. MacCord was at that time acting superintendent of the Arequipa, Puno and Cuzco railroads, and had caused all the engines to be withdrawn from the Mollendo division and concentrated at Arequipa. On June 11 the prefect of Arequipa made requisition on Mr. MacCord for an engine and train of cars to convey troops to a point on the Mollendo division, placing the train under the command of SergeantMajor Valdez. During its absence, while in charge of the said officer, the engineer detached his engine and ran off with it to the opposing forces at Mollendo. Although Mr. MacCord was in no way responsible for this occurrence, it having been the result of the treachery of the engineer and the carelessness of the guard, he was thrown into prison and threatened by the prefect that if use was made of the runaway engine he would be shot. A short while afterwards he was taken out of prison, placed before a file of soldiers, and asked whether he wished to say anything, as he was about to be shot. After a conference among the officers he was, however, taken back to prison and ordered to pay a fine of 10,000 soles. Declining to do this, he was deprived of food and drink and left standing in a damp cell, all he furniture, and even a stone on which he had been sitting, being removed. Finally, some of the commercial houses in the city having raised the funds necessary to pay the fine, he was released, and immediately made protest, as above stated, on June 16, 1885. The case has, you state, never been formally laid before your legation until the date of your dispatch, because it was feared that injury might be done to the railroad interests of Mr. MacCord's employer, Mr. Thorndike. Mr. MacCord's explanation of his delay in presenting his claim is satisfactory to the Department, and you are instructed to present the case to the Peruvian Government, requesting an explanation. I am, etc., G. L. RIVES, Acting Secretary. (See Ex. Doc. No. 18, Fifty-third Congress, third session, pp. 1, 2.) On June 27, 1888, Mr. Buck wrote to Mr. Bayard touching the restraint again of Mr. MacCord at Arequipa, June 19, 1888, and giving copies of cablegrams passing between the ministers of both Governments at Lima. (See Ex. Doc. No. 4, Fifty-third Congress, third session, pp. 5, 6, 7, and 8.) On August 2, 1888, Mr. MacCord's solicitor addressed the Secretary of State as follows: Mr. Pettis to Mr. Bayard. WASHINGTON, August 2, 1888. SIR: In your letter to Senator J. D. Cameron, under date of March 22, 1886, relative "to the alleged outrage upon V. H. MacCord, a citizen of Pennsylvania," which occurred in Peru, South America, in June, 1885, you say: "Mr. Buck reports to this Department that the circumstances referred to transpired previous to his arrival in Peru, but that no protest or complaint from Mr. MacCord was found upon the records of the legation, nor has any been since received." I now have the honor, as the representative of Mr. MacCord, to inclose you a copy of Mr. MacCord's protest made immediately after his liberation, and at once forwarded to the American minister at Lima, Peru. I am also informed by letter from Mr. MacCord that the action of the prefect, Manuel San Roman, was, in December, 1886, submitted to the Government of Peru, at Lima, and, without notice to either Mr. MacCord or the railroad company, investigated and approved, an official notice of which was given Mr. MacCord, dated the 22d day of December, 1886. May I ask if this additional statement of facts does not entitle the case of Mr. MacCord to fresh consideration by our Government? I have, etc., S. NEWTON PETTIS, Ebbitt House. (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 10, and for protest, pp. 10, 11, and 12.) On August 6, 1888, Minister Buck addressed the Department of State as follows: 409.] Mr. Buck to Mr. Bayard. LEGATION OF THE UNITED STATES, Lima, Peru, August 6, 1888. (Received September 3.) SIR: In pursuance of your instructions, No. 208, of June 23d last, I have addressed a note to the foreign office in matter of the outrage perpetrated against Mr. V. H. MacCord in June, 1885, inclosing a copy of his "protest" made at the time before |