The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-04
OUR TROUBLES WITH PERU.
TEE CLAIMS OF IRE United STATES
THE REFUSAL OF PERU 70 PAY THEM.
Arrival of Our Minister by the
Northern Light,

AuopE the arrivals by The steamer Northern Light,
hem Aspnwal, was Hen. J. Randolph Gay, Uniei
States Minister TO the republic OF Peru, vho demanded
pass ports quilted his poet Ia tho capital Of that
rpublio IL Consequence On ,he d0cuy .. present pend
irg between The two governments, fall account Of
~hich together With the arguments On both sdss, re
herewith present our rcsders:-
On The 24th OF January, 1875 the Li1zie Thompson
was captured a. Paocon Ge Pca b. the Peruvian war
STEINER rumOes tho service Of iaa government, and
commanded BY Don Igracio Duenss; and on nc sane
dsy end by the zane rational vesse the Georgihps
Captured Puna de Loboe AT the time OF the captire
a civil war rsging tho repu alic and the poins
where those vessels captured 10 possession Of
yiybpco, the leader Of the revolutionary party.
Roth yefsels were engaged In receiving guiana
at shs above places, and bad good por
tion OF their cargo on boud al the time
Of their esizure, their confessed object being to taso
guspo for expiration TO foreign ports rbsy tasen
Csliae where their captains, a. Wson and Stephen
Rel nods with the mate OF the Georsiana l. A Hsmii
tor, imprisoned, charged With violation OF the
criminal laws Of the republic, and after being confined
three days. released under security They alleged ths
permit been given proceed 20 those ports by Don
Felipe Rvss milit ny Off Of vivsnoos government,
the contract FOR guano Was made with Mr. Frerant,
Consu Of France at the port Of Iqu'que Tho United
States claim ,unts 70 $500
The laws oh the government OF Peru alleges 70
have been solAed those In relation TO the contra
band OF guano ls42 repritned for ,undant oaution
1857 TIE decree Of the National Convention Of April
1857 ard articles lb liz ard lA OF the commercial rogu
sops promulgated In 1854 All which laws designate the
Chpchs rands any point north OF them being tho
only places where vessels may take guano fos foreign
portson whereas the points where the vessels in quss
ton SEIZED namely Puna do Lobos and PAoellon de
Pca are considerably 70 the south OF these Islands,
being In the nelahborbood OF Iquque, In the province
Of Arequipa the southernmost OF the "intermediate
ports"
Tho law o. Is,7 declares "that quantity Of guano
shall be taken expor stion 70 foreign ports from
any portion territory of the republic unless from
the northern issr Of the Chncha groop."
"rhat every foreign vessel that may anchor d
or como 70 shs Islands places where guAno may b
found, without due permits from the authorities
that are empowered 70 grant them shall be liable
TO connscatou" and that "vesscls thai may violats
tho articles 10 relation 70 anohorng a, coming 70 the
gusno Islands, deposits those relative 10 the taking
euano from other points, except those designated
and that designation being confined 10 The northern Of
tho Chincha Islands, shall DO seized, and their captains
shs be brought to trial conssbandists" These pro-
vnlons reprinted, observed above, In the ocAl
journal Of February a. 1851 The decree Of April l. Of
the year, declares follows" That all the guano
exported and thereafter be exported from tho Chnoha
Isncs from any other depOs Of Peru, BY dsssr
Of the public order, or b. virtue Of contracts made
with them with tbelr axcIts shall ., oil tlnea be sub
Jet 10 be eaimes back ~ stolen nstiorL psoperty,
aud the parties T,spoLsibe therefore shall bs civy and
crimirsy prosecute In conformity with law" Article
l6 Of the Commerce al Regulations published In 1884,
provides that "tte vesse that take In guano for foreign
pors shA be allowed 70 do 70 In tbs ChiLcha Islands
only" Article Ils states that I've 1els that may be
iourd anchor eoas,s Of the Isancs belonging
the republic shall be- connscAled, and moreover that
guAno shs have been found beard the captains and
be handed The sctos Of cusso mary JUSTICE
tried dciinqucnis In Ct that" Article ia
says"rbe expectation q suano sha be carried on only
by vsssss under cootrac, with the government ~
sgsItp
rHx ARGUMENT on THE PART OF rHK UNITED STATES.
The United States kinisicr 70 Lima, Hon. J. Ran.
colph Clay lays down two proposis,ons;--
Tna. the ctptairs OF the vcsscls arrested having
te Z, Iauiqne in the pursuit Of Ia ~ful commerce. and
berg there met vita By oncia agents Of apparently
a~fa character they were bound obcy thom and 10
act 10 the extent allowed By tho permission "
eoo anisosies and that tiey had such perm saon 70
70 ard take suspo 10 the port mentioned and that pcr
nina we're neL tho blame must not attach 10 than, bat
hat psru w. end had for nearly t~o years, been
In state OF civil var that The exateuoe OF the revolution
ws wel known That according 70 The modern doctrine
occupy to~ard each other aad tosd the oher nations
eeiigcr.rt position which position impsrs 70 ndi
duas Of the friendly nations tho rights Of ne1trAlty
as In case Of perfect public war.
Gen. CAS-, IN his reply 10 Mr.. osma, late Peruvian
Minister 10 Wsshirgisn taied Nay a. 1853. takes tho
ground that Peru, AZ Tar regarded Iva Intercourse with
other Powers, was IN . state Of profound psa,o. That u
true there civil vithia the republic but thn
during Iva Continuance "n accompanied % far a
respects The Intercourse Of other Powers with Peru,
with al the rights which belong TO thai cooditioa and
which ei,hos Of the parties disposed Slain and on
ercse conformity with me recognized principles Of The
law Of natcps.r
Tns port Of Tquque and the other places spoken or
sumey -punsa do Loeos and rabelloa Dc Plea, In 100
vicinity, where In the hands Of he revouo whore
the, exercised all the fanctoss Of regular goverpmsnt
entering and clearing vtsscs ~ shs Custom House. 10
&C Under tbese circumstances The usual commercial
relations between Peru ard The Unitcd sasrs we're con-
tnpej and the Of bs latter resorted 70 the por,s
Of the former carrying feshn and seeming employment
. before. Ito maintains thai while eonfovmips 70 the
regulations and submitting 70 the authorities found esss
blshed there captains and crews are no4 lASh 70 BE-
punished and their vessels seized BY The adverse party
becaue the condition Of civil conferred upoa de fao
rulers the right govern such portions Of The country
they able 70 redocs 70 their posssioa and sAas
contrary docsrns would expose fsreia 70 .bs
oppressive eKscsous and isserrupsions rnss 81
ths duty OF foreigners to avoid all Interference usdcr
such circumstances and 10 submit 70 The power which
exercises jursdc,ios The places where They res
and while thus acting they have right 70 claim protec
ton and also be exempted from al vexasoas nssrruy
i,on When the asceudancy Of The parties Temporarily
changed By The Of the ooaest And naay, that
The capuros vessel The Tuabos, not bsps posss.on
n tbtse pp'uis wberc tbs American vessels
we're se'rsd, having, s y siuiucd. no turisiic- |
uor s4ho-e Those. the seizure W. rot
usht'ai prs,ss4u, bas r,ssmeiea a piratica Gator
as i.sass 49,. - sxsaGlca VI i.su laie Pswm