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the acting English vice-consul at Arequipa and requesting explanation. As you have transcript of the said "protest," I only herewith inclose copy of note to the foreign office.

I am, etc.,

CHAS. W. BUCK.

P. S.-August 11, 1888. From the inclosed cutting and translation, it will be observed this same San Roman, who perpetrated the outrage on Mr. MacCord in June, 1885, has been just reappointed prefect of Arequipa, the Government expressing satisfaction with his service.

(See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 12.)

[Copy of note referred to above.]

Mr. Buck to Minister of Foreign Relations.

No. 110.]

LEGATION OF THE UNITED STATES,
Lima, August 6, 1888.

SIR: Under a recent instruction from the Department of State, I am directed to present to the Government of your excellency and request explanation in the case of Mr. Victor H. MacCord, now United States consular agent for Mollendo.

I may in advance say that Mr. MacCord has assigned reasons for not having before presented his claim for the official cognizance of his Government, which the Department of State regards as a satisfactory explanation of the delay.

Premising this, I inclose to your excellency a copy of Mr. MacCord's protest made at the time before the acting British vice-consul at Arequipa, which will place your excellency in knowledge of the circumstances as narrated by him. With which presentation and request for explanation, I renew expressions, etc.

(See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 12.)

CHAS. W. BUCK.

On August 28, 1888, Mr. Alzamora acknowledged the receipt of Mr. Buck's communication of August 6, 1888, containing "instructions from the Department of State to submit the case of Victor H. MacCord, actual consular agent of the United States, and to ask for an explanation of the circumstances, and that Mr. MacCord had given reasons satisfactory to his Government for not presenting his claim sooner," as follows:

MINISTER OF FOREIGN RELATIONS OF THE REPUBLIC OF PERU,

Lima, Peru, August 28, 1888.

Mr. MINISTER: Your excellency's esteemed communication of the 6th instant was duly received at this office, in which your excellency indicates having received instructions from the Department of State to submit to my Government the case of Mr. Victor H. MacCord, actual consular agent of the United States at Mollendo, and to ask for an explanation of the circumstances; and that Mr. MacCord has given reasons for not presenting sooner his claim to the Government at Washington, which delay is satisfactorily explained in said Government's mind.

Your excellency incloses a copy of the protest made by Mr. MacCord before Her Britannic Majesty's vice-consul at Arequipa, for my information as to the facts, according to the exposition contained in it; and your excellency terminates, requesting information as to the truth of what occurred.

My Government has never had knowledge of the facts referred to in said protest, nor would it be in its power to satisfy itself of the truthfulness contained in said protest, after the long time transpired, since the protest is dated June 16, 1885.

It appears noticeable that Mr. MacCord should have made no question during all this time after he had not only obtained the full use of his rights, but has exercised his authority as consular agent of the great Republic. It being a most special circumstance that Mr. MacCord has been accredited as consular agent at Mollendo during the administration of the same Mr. San Roman against whom the protest appears to be made, and as your excellency knows, he is prefect of the department of Arequipa, to which Mollendo pertains. It is still more remarkable that Mr. MacCord, having cultivated with the prefect of Arequipa the most friendly relations during two years, without ever having mentioned the protest in question, should make use of it now that Mr. San Roman, in obedience to the orders of the Government, has removed Mr. MacCord from the superintendence of the southern railways, which he exercised, as it appears from said protest.

But no matter what the realities or facts to which Mr. MacCord refers, they can in no case serve as ground for diplomatic action, and still less so after the long time transpired. These were in fact the acts of a chief in arms against the Government

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then recognized as legitimate by all nations, especially by the great Republic; the responsibility, if such should exist, does not therefore rest upon the Government of the nation, but personally on the authors of them.

That responsibility, in any case, could not attach except after proof of the acts in question, before the national tribunals, and as the result of their judgment.

Mr. MacCord has therefore no other course but to prosecute judicially the authors

of the acts to which he refers in his protest, and which he is bound to prove.

I have no doubt that your excellency will be persuaded by this statement that it is not possible for my Government to furnish your excellency with the information required, and that the principles I have laid down are just, as indicating the only way open to the claimant in order to obtain the reparation which he may believe himself entitled to.

I have pleasure in reiterating, etc.,

YSAAC ALZAMORA.

(See Ex. Doc. No. 4, Fifty-third Congress, third session, pp. 17, 18.)

In August, 1888, Mr. Pettis, as the solicitor of Mr. MacCord, called upon Secretary Bayard touching his letter to the Secretary of the 2d of that month, whereupon Solicitor Wharton was directed to take up the subject, examine it, and give the necessary direction for a thorough investigation, who outlined the form of a memorial which was formulated by Mr. Pettis and inclosed to Solicitor Wharton for criticism, and which called forth the following letter:

DEAR JUDGE PETTIS:

HOTEL KAATERSKILL, August 29, 1888.

The inclosed, with your note, was forwarded to me at this place. As you were referred to me for your information by the Secretary, it gives me much pleasure to give any suggestions as may not be inconsistent with the semijudicial position I fill. As to the body of the memorial, I do not feel competent at present to speak. As to one deficiency in form, I beg leave to advise you. It will be necessary to state the nature of the petitioner's citizenship, whether by birth or naturalization; to specify how long he has been in Pern and on what business; to show, if such be the case, that he has always kept up his American citizenship, that he has represented American interests in Peru, that his expectation has always been to return to the United States, that his residence in Peru was only temporary for business purposes, and that he has never acquired a domicile in Peru. The memorial, as thus amended, must be verified by affidavit, and when thus perfected, addressed to the Secretary of State.

I send this to Washington to be copied and forwarded to you thence.

FRANCIS C. WHARTON. Under date of October 2, 1888, Mr. MacCord's solicitor addressed the following letter to the Secretary of State:

MEADVILLE, PA., October 2, 1888.

SIR: Since the receipt of Mr. Secretary Adee's reply to mine of the 25th of last July, addressed to me under date of August 14, 1888, I concluded to make a formal claim in favor of Mr. V. H. MacCord against the Peruvian Government, in South America, which I have the honor to inclose to you herewith.

I have the honor to be, your obedient servant,

Hon. THOMAS BAYARD,

Secretary of State, U. S. A.

(Ex. Doc. No. 18, Fifty-third Congress, third session, p. 2.)

S. NEWTON PETTIS.

[Memorial inclosed.]

Hon. THOMAS F. BAYARD, Secretary of State.

The memorial of Victor H. MacCord, at present sojourning at Arequipa, Peru, South America, begs leave to present:

First. That he is a citizen of the United States, and was born in Mercer County, Pa. Second. That he has been in Peru, South America, most of the time since 1870, and much of the time in the employ of the Mollendo, Arequipa and Puno Railroad Company, and at one time acted as United States consul in Peru.

Third. That he visited his home in Pennsylvania in 1883, from there going back to Peru for the purpose of closing up his affairs in South America, which, he informed his relations in Pennsylvania, he thought he could do within two years, with the

intention of returning to his home in Pennsylvania, never having abandoned his United States citizenship.

Fourth. That while in Peru he represented United States interests, that it has always been his intention to return to the United States, and that his residence in Peru has only been temporary and for business purposes, and that he has never acquired a domicile in Peru or out of the United States.

Fifth. That he was in June, 1885, an employee of the Mollendo, Arequipa and Puno Railroad Company, in the Republic of Peru, South America, with his headquarters at Arequipa.

That on or about the 12th day of June, A. D. 1885, your memorialist was, by the order of the prefect of the city of Arequipa, Peru, Col. Don Manuel San Roman, without any cause or provocation, arrested and imprisoned in the San Francisco Barracks, at Arequipa, and while so imprisoned and in such confinement your memorialist received from the said prefect a communication, of which the following is a true copy:

"Give by telegraph the necessary orders to completely destroy the railroad track between Cachendo and La Joya. You have time to comply with this terminal 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 of this city will put me 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."

At the foot of which official note the following instructions are given: "Mr. Tamays, resident engineer: Please dictate the necessary measures to carry out the above-indicated order of the prefect. V. H. MacCord, San Francisco Barracks, 'Fecha ut supra.'

Seventh. That some time after the receipt of the foregoing note or communication an officer came to the cell in which your memorialist was confined and advised him to arrange his affairs, as there was an order to shoot him within an hour, and that in less than half an hour afterwards he was marched out to the parade ground and stood up before a file of soldiers armed with rifles, and asked if he wished to say anything, as he was about to be shot; whereupon your memorialist replied that he had committed no crime, no offense, and had nothing to say. Thereupon three or four of the officers retired a short distance and appeared to consult among themselves for a moment, when one said, "It is not good to kill a man," and then led your memorialist back to the cell from which he had been taken.

Eighth. That upon the following day your memorialist was verbally notified by the subprefect that by order of the prefect your memorialist must pay a fine of 10,000 soles, and that it must be paid at once or severe measures would be taken against his person to compel the payment, and that no delay would be allowed, when your memorialist replied that it was entirely unjustifiable to impose a fine implying culpability without even a semblance of investigation, and asked that a trial be given him, which was refused.

Ninth. That soon after the entire foreign colony resident in the city of Arequipa went in a body to the prefect's house and obtained from him a promise to have your memorialist (still a 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.

Tenth. That on the following day, June 14, notice was given your memorialist, by verbal message from the prefect, that if the 10,000 soles was not paid before 3 o'clock on the afternoon the "extreme measures" threatened would be applied and the fine increased to 15,000 soles, and if delayed longer to 20,000 soles; whereupon your memorialist again protested against the illegality of the fine, and demanded the trial promised the night before to the consular corps and to the several members of the foreign colony, which was refused and threatening replies only received.

Eleventh. That your memorialist, convinced of the arbitrary and brutal proceedings which were evidently to be employed to compel payment, it was suggested that the amount of the fine (although entirely unauthorized) be deducted from the balance due your memorialist's employer, the railroad company, from the Government for work done, but that was refused.

Twelfth. That on the morning of the 15th of June, 1885, your memorialist was informed that by order of the prefect your memorialist could not be allowed either food or water, and that every article of furniture be removed from his cell, which order was forthwith carried out, such cell being a damp one with a brick floor, and your memorialist was compelled to stand, as everything, even to a rough stone, which might have served as a seat, was taken away.

Thirteenth. That it being impossible to exist without food or drink-thanks to some of the commercial houses of the city of Arequipa-the money was raised, to wit, the sum of 10,000 soles, and paid, and at 3 o'clock in the afternoon your memorialist was allowed to go at liberty.

Fourteenth. That in view of and in consequence of the foregoing recital of acts of indignity, barbarity, and illegality, your memorialist lost no time in making protest before Hon. Alex. Hartley, acting British vice-consul, at the British vice-consulate, on the 16th day of June, 1885, against the arbitrary, abusive, and barbarous proceeding of the aforesaid prefect of Arequipa, Col. Don Manuel San Roman, declaring that the 10,000 soles in silver were paid under pressure and threats of violence, reserving the right to make claim to a higher authority, and to appeal to diplomatic means, if necessary, in defense of his rights, and that the first use made of his liberty was to enter such protest at the British vice-consulate, as aforesaid.

Fifteenth. That such protest was by your memorialist promptly forwarded to the United States legation at Lima, Peru, with the following certificate attached: "Thus presented and declared in due form of law, at Arequipa, aforesaid, the day, month, and year first above written.

"ALEX. HARTLEY,

"Acting British Vice-Consul.”

Sixteenth. That the said prefect on the 8th day of December, 1886, solicited the approval of his proceeding against your memorialist by the Peruvian Government, when, without either notice to or hearing of your memorialist, the Peruvian Government proceeded, under date of December 15, 1886, to approve and did approve of the said action of the said prefect, Col. Don Manuel San Roman, in the matter of which your memorialist was informed by official note dated the 22d day of December, 1886. Seventeenth. That since the 13th day of June last (1888) your memorialist was again made the victim of Peruvian persecution by the authorities of Arequipa, Peru, confined and imprisoned in his own office for five days, so confined for twenty-seven hours without food or water, for the purpose of forcing your memorialist to pay the amount of $3,000 for taxes levied on the railways by the authorities, although your memorialist was neither stockholder nor director in the said railway company, while his connection with it had ceased some time before; and of which oppression and barbarous treatment your memorialist made complaint, and of such abusive proceedings he protested before the English minister; and for all of which abuse, maltreatment, and persecution your memorialist makes complaint to you, the high official of his Government; and in such connection asks that reparation be demanded by the Government of the United States of the Peruvian Government, and your memorialist's claim of $200,000 indemnity for the treatment herein complained of be promptly prosecuted.

And he will ever pray.

VICTOR H. MACCORD,
By S. NEWTON PETTIS,

His attorney, No. 302 Chestnut street, Meadville, Pa.

COMMONWEALTH OF PENNSYLVANIA, Crawford County, 88:

Mrs. Sarah Ann Allen, formerly Mrs. Dr. MacCord, being sworn, says that she was born on the 11th day of February, 1819, near Meadville, Crawford County, Pa.; that she is now a resident of Linesville, in the county aforesaid, and was in 1885; that Victor Hugo MacCord, now sojourning at Arequipa, Peru, in South America, is her son, and was born in the Commonwealth of Pennsylvania on the 18th day of January, 1842; that she has read the foregoing memorial of Victor Hugo MacCord addressed to the Honorable T. F. Bayard, and that the facts therein set forth are correct and true, as she verily believes, and that her said son, Victor Hugo MacCord, informed this afliant, when at home with her in 1883, that he intended to settle up his business and return home, and that he expected to accomplish that in a couple of years, and return to his home in Pennsylvania.

SARAH ANN ALLEN.

Sworn and subscribed before me, a notary public, September 17, 1888. [SEAL.] WILL S. ROSE, Notary Public.

COMMONWEALTH OF PENNSYLVANIA, Crawford County, 88:

Mrs. Mary Ada Gehr, being duly sworn, saith that she is the daughter by Mrs. Sarah Ann Allen, and was born May 27, 1862, at Espyville, in Crawford County, State of Pennsylvania, and that she has read the memorial of her brother, Victor Hugo MacCord, and believes that the statements therein contained are correct and true, and concurs with the statements of her mother with reference to the statements made by her brother in 1883, while at home, concerning his return to his home in Pennsylvania so soon as he could settle his affairs in South America.

Mrs. MARY ADA GEHR.

WILL S. ROSE, Notary Public.

Sworn and subscribed before me, a notary public, September 17, 1888.
[SEAL.]
(See Ex. Doc. No. 18, Fifty-third Congress, third session, pp. 2, 3, 4.)

Mr. Adee to Mr. Pettis.

DEPARTMENT OF STATE,
Washington, October 9, 1888.

SIR: I have received your letter of the 2d instant inclosing a memorial in the case of Mr. V. H. MacCord against the Government of Peru.

A copy has been sent to our minister at Lima, who is giving the case his attention. I am, etc.,

ALVEY A. ADEE, Second Assistant Secretary.

(See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 19.)

Under date of September 3, 1888, Mr. Buck replied to Mr. Alzamora as follows:

No. 112.]

Mr. Buck to the Minister of Foreign Relatious.

LEGATION OF THE UNITED STATES,
Lima, September 3, 1888.

Mr. MINISTER: In my interview of Friday last, in which references were made to my note No. 110, of August 6, 1888, and foreign office note No. 30, of August 28, 1888, in reply, relative to the outrages perpetrated upon Mr. Victor H. MacCord in June of 1885, under the orders of Señor San Roman, then in military command at Arequipa, your excellency indicated that it was desirable to have the reasons for the delay of Mr. MacCord in presenting his case stated in the form of a note to the foreign office. In response it is to be observed, as I stated at that time, that there is no such thing as a bar by limitation of time affecting diplomatic rights; and, as a better expression of this view, I may quote from a dispatch of the State Department touching this subject in our relations with Chile as far back as 1844, in which the Secretary pertinently wrote:

"There is no statute of limitation as to international claims, nor is there any presumption of payment or settlement from the lapse of twenty years. Governments are presumed to be always ready to do justice, and whether a claim be a day or a century old, so that it is well founded, every principle of natural equity, of sound morals, requires it to be paid."

While, therefore, I apprehend judgment upon the question of delay in this matter is solely within the discretion of the United States Government, and the announcement that the reasons therefor have appeared satisfactory to it should be conclusive upon that point, still, as an evidence of disposition to meet your excellency's wishes as far as possible, I present the following statement and views thereon, suggested by your excellency's request and verbal expressions, made in the said interview.

Stated in brief, the facts appear substantially these: On June 11, 1885, the prefect of Arequipa, Colonel San Roman, then commanding the "Cácerist forces" in that section, who, according to your excellency's note, was in insurrection against the Government at Lima recognized by foreign powers, the United States included, made requisition on Mr. MacCord, the general manager of the southern railroads, in the employment of the concessionaire, Mr. J. L. Thorndike, for an engine and train of cars to convey troops to a point on the Mollendo division of the road, placing the train under the command of Sergeant-Major Valdez. While in charge of said officer the engineer detached the engine and made off with it to Mollendo, then in possession of the Iglesias forces.

Although Mr MacCord was in no way responsible for this occurrence, it having resulted from 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. Thereafter he was placed before a file of soldiers and asked if he wished to say anything, and told that he was about to be shot. But after conference among the officers he was remanded 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 without furniture-even a stone which he had used as a seat being removed. Finally, after protest of the foreign residents of the city, headed by the consular corps, made in vain against the outrage, some commercial houses of the city raised the funds with which the fine was paid, and Mr. MacCord was then released; whereupon he immediately made protest on June 16, 1885, before Her Britannic Majesty's vice-consul, copy of which protest has been supplied the foreign office with my No. 110, of August 6, 1888.

At the time, and until recently, Mr. MacCord was in the employment of Mr. John L. Thorndike, as manager of the said railroads. Therefore, in deference to the interests and discretion of Mr. Thorndike, in view of his relations to the Peruvian Government as concessionaire of the said railroads, which it seems Mr. MacCord felt

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