ment of the Peruvian minister does not, in my humble opinion, constitute an investigation." 3. As I have already stated, the case has not yet been closed, as far as I can learn. The final decision, therefore, is not against you. From what I have been able to learn of the case, I believe you have been cruelly and inhumanly treated, and that your case ought to have been presented to the Peruvian Government by telegraph to the American minister the moment you were arrested, or, if that was impracticable, by special messenger. Such an outrage loses its point with every day that intervenes from the moment of its occurrence until the time when reparation is demanded. An outrage against one's personal liberty, like an assault upon a woman's honor, is practically condoned if no complaint is made until years have elapsed. Besides, there were peculiar circumstances connected with it, growing out of a condition of war, which might easily be turned against you, and make it difficult for a tribunal sitting 6,000 miles away to satisfy itself of your innocence. So far as the occurrence known as the "Mollendo outrage" is concerned, I see no reason for mixing the two. Yours is bad enough and must be considered by itself. I am confident that your case has received at all times a hearing at the Department, and the main facts are known there. The ultimate and final decision of the case, I am quite sure, will be made upon legal and judicial lines and for reasons which will be found correct. If I can be of any service in the matter, I shall gladly do all I can to help you. Should you ever again be threatened with any similar difficulty, I hope you will not fail to notify me at once, and I am quite confident that you will have no cause to complain of want of action on my part. Very truly, yours, JOHN HICKS. No. 113.] Mr. Hicks to Mr. MacCord. UNITED STATES LEGATION, SIR: By the last steamer I have received from the Department of State a reply to my dispatch of October 5, 1891, making a statement of your case and asking for an expression of the Department's views on the case. After the preliminary sentences, it says: "The Department does not wish to volunteer explanations with reference to its action in cases of this character, although if it were addressed directly by Mr. MacCord it would, of course, make such reply to him as might seem proper under the circumstances. Your letter, however, to Mr. MacCord, of October 4, 1891, which he had not received at the date of your dispatch, ought to disabuse him of his wrongful impression. Mr. MacCord delayed for three years to present the matter to the legation for personal reasons affecting himself and his employer, and this delay on his part has been one of the grounds advanced by the Peruvian Government against the claim. It was presented to the legation May 24, 1888; the Department instructed the legation to present it to the Peruvian Government June 23 following, and Mr. Buck did so present it on the 6th of August of that year. "Subsequently several notes passed between the legation and the Peruvian foreign office and the case was forcibly presented by the American minister. So far as the records of this Department disclose, Mr. Buck's note to the foreign office, November 14, 1888, has never been answered. Although the Peruvian Government had already twice refused to entertain the claim, the arguments advanced in this last note were entitled to consideration, and if the files of your legation confirm the fact that no reply has been received, you may call the matter to the attention of the foreign office and request such a reply." In accordance with the foregoing instructions I have addressed a note to Dr. Elmore, minister of foreign affairs, and requested a reply to Mr. Buck's note above mentioned. Should I hear anything in regard to the matter which may be of interest to you I will notify you. Very truly, yours, JOHN HICKS. The "preliminary sentences" above referred to by Mr. Hicks as contained in Mr. Blaine's introduction to Mr. Hicks, and to which Mr. Hicks refers Mr. MacCord, are in words following, under date of November 6, 1891, from Washington: SIR: I have received your dispatch No. 310 of October 5 relative to the claim of Mr. V. H. MacCord against the Government of Peru. You state that when you were at Arequipa Mr. MacCord and his friends claimed that he had not been able to obtain a hearing of his case in the Department or in the legation at Lima. Such dispatch to Mr. Hicks was received by him in December, 1891, and MacCord advised of its reception by the foregoing note of December 2, 1891, and at the same time addressed the following note to the foreign office: No. 67.] Mr. Hicks to Señor Elmore. LEGATION OF THE UNITED STATES, SIR: I beg leave most respectfully to call your excellency's attention to the following facts: On the 6th of August, 1888, the Hon. Charles W. Buck, United States minister, presented to your excellency's predecessor, at that time minister of exterior relations, the claim of Victor H. MacCord, of Arequipa, for damages growing out of his summary arrest and imprisonment and sentence of death. The claim was the subject of numerous notes between the American minister and the minister of foreign affairs, but the last note of Mr. Buck, dated November 14, 1888, has never been answered." I am instructed by the Department, under date of November 6, 1891, to respectfully request a reply to the note of Mr. Buck aforesaid. Herewith I tender, etc., JOHN HICKS. Mr. MacCord to Mr. Hicks. AREQUIPA, January 14, 1892. DEAR SIR: In reply to your esteemed favor of the 28th November and 2d of December, I beg to say that the paragraphs which you transcribe from the State Department's letter show that I was right in complaining that the investigation was dropped when the Peruvian Government failed to reply to Mr. Buck's note of November 14, 1888. This is precisely what I complained of, and what induced me to say that the investigation had not been complete; and even if the case was delayed in presentation, that does not justify its being dropped simply because the minister of foreign affairs declined or neglected to answer Mr. Buck's note. If the case was delayed in presentation, it was not my fault. My protest was made immediately I got out of prison, and sent on to Lima. But, be that as it may, I wish you to note that I am not anxious to have the case reopened. Had I so desired, I should certainly have spoken to you about it here. The documents were shown you by Mr. Griffith in Mollendo without my knowledge or consent, and that is what has led to all our correspondence on the subject. I am heartily tired of the whole affair, and, as I have previously intimated to you, a solution in my favor would now work me more harm than good. I beg you, therefore, to give yourself no more trouble about it, and to accept my thanks for the interest you have taken in my behalf. I remain, dear sir, very truly, V. H. MACCORD. Mr. Hicks to Mr. Foster. No. 472.] LEGATION OF THE UNITED STATES, Lima, Peru, February 18, 1893. (Received March 11.) SIR: Referring to my dispatches Nos. 310, October 10, 1891, and 342, February 8, 1892, in regard to the claim of Mr. Victor H. MacCord, an American citizen, against the Government of Peru, I have the honor herewith to transmit the reply of the foreign office to my note of December 2, 1891. As this note was not immediately answered, I called the attention of the foreign office by note twice afterwards, and personally I brought it to the attention of the minister on several occasions, not less than six, but until now I have not been able to get a reply. As Department no doubt expected, the rejoinder of the foreign office is a flat denial of the justice of Mr. MacCord's claim, and a statement of facts which, if true, places the claimant in the wrong and justifies the position taken by the Government. I submit the letter with its accompanying documents and await the instructions of the Department. I would suggest that I be instructed to furnish the claimant with a copy of the letter and affidavits, if the Department sees fit. Your obedient servant, JOHN HICKS. INCLOSURES REFERRED TO ABOVE. [Inclosure 1 in 472.-Translation.] Dr. Ribeyro to Mr. Hicks. PERUVIAN Foreign Office, MR. MINISTER: I have duly received your excellency's note of December 2, 1891, in which my attention has been called to the claim of your predecessor, the Hon. Charles W. Buck, presented to this ministry for damages to Mr. Victor H. MacCord, of Arequipa, proceeding from the imprisonment which he suffered by order of the prefect of that department, Colonel San Roman, in the month of June, 1885. Your excellency states that the note of your legation of November 14, 1888, has not been answered, and that you have instruction from the Department of State to request a reply. Having examined the antecedents of the case, I find that the Hon. Mr. Buck on presenting this claim did not take into consideration the special circumstances which influenced the conduct of Colonel San Roman, and in the opinion of this Government it exonerates it from all responsibility. In the month of June, 1885, an expedition left Lima against the Government of General Caceres, who was represented in Arequipa by the said Colonel San Roman. This officer at once took the necessary measures which he was obliged to do in his character of military chief of the department, and one of them was that the superintendent of the railroad at Mollendo remove all the rolling stock to the city. Notwithstanding, the superintendent left at Mollendo a number of freight and other cars sufficient for the transportation of the forces of the enemy, thus showing his partiality. This was the beginning of the execution of a plan originated in Lima, which was afterwards proved, by virtue of which the superintendent was to furnish to the government of General Yglesias locomotives and cars necessary for transportation, thus placing the company in a position of real and open hostility against Colonel San Roman, and subjecting his representatives to the consequences of these proceedings so treacherously carried out. In fact, on the 13th of June the engine "Vitar" was sent from Arequipa with a convoy and a detachment of exploration, the conductor, Mackenzie, taking advantage of the moment that the troops left the cars, put on steam and went to join the enemy's troops that were already at Mollendo. Thus the latter possessed the means of transportation that they were wanting, and in a few days' time they arrive outside of Arequipa, where they fought several battles. That the flight of the locomotive was not the work of Mackenzie alone is proven by the fact that this person was not the ordinary conductor-that he had been placed in charge on the morning of the day when the event occurred. Thus was proven the manifest complicity of the railroad company represented in Lima by Mr. John L. Thorndyke, who was in accord with General Yglesias, and in Arequipa by Mr. Victor MacCord, who opportunely received a telegram from his chief advising him to deliver up the cars. The prefect of Arequipa exacted a fine of 10,000 soles. He had power to exact this fine and even a more serious one against those who were hostile to him and compromising the interests of the Government he served. But MacCord resisted payment, and it was necessary as regards him to take the necessary precautions to put a stop to his conspiring in favor of the enemy and to prevent the military authorities' prestige from suffering, so necessary at the critical moment of an attack against the city. If the prefect employed harshness it was perfectly excusable, for nobody would have done otherwise in so difficult and dangerous a situation for this authority and on behalf of the national cause he defended. MacCord has pretended to have paid the fine out of his private funds. This is contradicted by the company's books, where it appears debited to the working of the line under the name of "Difference in exchange." This sum was also compensated by a reduction that the railway company imposed upon the employees for this purpose in October, 1885. Therefore it is seen that this is not a case for the application of the principles invoked by the Hon. Mr. Buck, which this ministry does not pretend to examine, for the protection due to foreigners ceases when they take part in civil contests. The Peruvian Government deplores the occurrence of acts in which the prefect of Arequipa interfered with no other object but to save the situation created by the railway company and its representatives. But at the same time it considers that the prefect's conduct was justifiable under the circumstances, and the carrying out of such duty was the only course he could pursue. I inclose for your excellency the reports existing at this ministry which will prove the truth of the railway company's interference in the military operations of Colonel San Roman. Reiterating to your excellency upon this occasion the sentiments of my high and distinguished consideration, R. RIBEYRO. [Inclosure 2 in No. 472-Translation.] I, Lantaro E. Cantuarias, superintending auditor of the Southern Railways, do hereby certify That the books of the Thorndyke administration were removed on the night of May 6 last, by order of Mr. Teodoro Harusem, who, under the pretense of making some entries in the said books previous to delivering them up, retained possession of them, but offering to place them at the disposal of the present auditors, which, up to date, he has not done. Thus the undersigned is under the necessity of stating that, for want of the said books, it is not possible for him to name the page on which the item of 10,000 sols paid by the railway company to the prefecture of this department in June, 1885, is entered, but from reliable information received from trustworthy employees he has ascertained that the said sum has been debited to the working of the lines under the heading "Difference in exchange." It is of public notoriety that the Thorndylee administration claimed the return of the said sum from the Supreme Government, and, on not obtaining it, in October, 1885, they deducted 25 per cent from those of the employees whose salaries exceeded 100 sols, and 20 per cent from those whose salaries did not exceed 100 sols, in order by this means to escape the payment referred to. In proof of this I hereby sign my name. Done at Arequipa this 16th day of October, 1888. L. E. CANTUARIAS, Superintendent of the Arequipa, Puno, and Cuzco Railways. The undersigned, notaries of this capital, certify that the preceding signature is that of Mr. Lantaro Cantuarias, at present superintendent of the Arequipa, etc., railroads. Done at Arequipa this 16th day of October, 1888. Attest: ABEL T. CAMPOS. CARLOS WIESSE, Chief Clerk Peruvian Foreign Office. [Inclosure 3 in No. 472-Translation.] I, Baltarzar H. Morales, attorney of the tribunals of the Republic and secretary of the prefecture of the department. I certify that an order exists in the official copy book of this office as follows: "SUPERINTENDENT OF THE RAILWAYS: "PREFECTURE, Arequipa, June 5, 1885. "I am pleased to inform you of the following dispositions, the carrying out of which with the most scrupulous exactness will devolve upon the company, without excuse, and under the most serious responsibility. (1) The escort that leaves this city to-morrow for Mollendo shall return to Arequipa on Saturday night, or, at the latest, on Sunday morning, if it is so desired by the subprefect of Islay. (2) In the latter case the locomotive is to have steam up and be ready to depart on the instant of receiving orders at Mollendo. (3) The said train shall bring along with it all the rolling stock existing at Mollendo and intermediate stations, which is to be deposited at Arequipa. (4) There shall remain but one locomotive at Mollendo at the disposal of the subprefect of Islay, with steam up, and ready to leave on the instant of receiving orders. (5) No kind of rolling stock shall remain at Mollendo and intermediate stations from Sunday next. "I hope the company you so worthily represent will carry out these orders. God have you in His holy keeping. "MANUEL SAN ROMAN." B. H. MORALES. SAN ROMAN. CARLOS WIESSE, Chief Clerk of the Peruvian Foreign Office. [Inclosure 4 in No. 472-Translation.] Certificate. Baltarzar H. Morales, attorney of the tribunals of the Republic and secretary of the prefecture of the department. I certify that a resolution exists among the archives under my care as follows: "REPUBLIC OF PERU, "THE SEAL OF THE PREFECTURE OF THE DEPARTMENT, "Arequipa, June 14, 1885. "Whereas the engine driver, Mr. N. Mackenzie, in charge of the locomotive 'Vitar,' conveying a force under the command of Sergt. Maj. Mr. Emique Valderz, took advantage of the moment at which the troops and their commander left the cars in which they traveled, taking them by surprise, fled hastily from the 'Vitar' station with the said locomotive, which he placed at the disposal of Col. D. Vidal Garcia y Garcia, chief of the forces sent against this place by Mr. Miguel Iglesias; "Whereas an act of this character affords to the enemy's division the facility of removing to Arequipa, thus crossing the 30 leagues of desert that separate it from Mollendo without difficulty, very seriously affecting the success of the constitutional arms; and as the immediate consequence, the definite result of the operations the chief of state is engaged in carrying out with his forces, and finally the cause of law, and of the constitution. And furthermore, the railroad company has left at the Mollendo and intermediate stations sufficient rolling stock for the transportation of the said troops of Col. Garcia y Garcia, in defiance of the orders forwarded from this office in the note of the 5th instant, and in virtue of which he should have removed all that stock to the Arequipa station on the 7th instant, under the most serious responsibility. "Whereas, on examining into the cause of the acts referred to, which have the appearance of true rebellion against the Government and legitimate authorities established in the department, it has come to light that it is no other than the clandestine agreement celebrated between the company and the government of Mr. Miguel Inglesias; "Whereas the superintendent of the railways, Mr. Jose Manuel Braun, has exhibited a telegraphic dispatch at this office, forwarded to him by Col. Garcia y Garcia from Mollendo, stating that by agreement celebrated in Lima between Mr. John Thorndyke and Mr. Miguel Inglesias, his minister of war, and Colonel Garcia, the company were under the obligation to furnish them with all the railway stock their expedition required within twenty-four hours of its landing at Mollendo; whereas the delinquency of the said company being thus clearly proved, it is necessary to punish it in a manner convenient and adequate to the delicate circumstances of the case, and to this effect the prefecture is invested by the Supreme Government with ample and extraordinary powers; it has therefore been resolved: "(1) To impose upon the Southern Railway Company a fine of 10,000 sols. "(2) That the manner of making the said fine effective shall be arranged with the legal representative, Mr. Victor MacCord. "For the carrying into effect of these resolutions let the treasury and the subpre fecture of the district be informed of the same; report to the supreme Government and place amongst the archives." |
