The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-28
FRENCH CLAIMS ON PERU.
Preliminariss Of the Pending Question-Facts Of
the Durhin Claim-Demand Of Admiral Bonard-
The Trial Of Durhin- Charges Of Mons Huet-
Tho Official REGULATIONS Threat Of Hosiitiss-
Unreasonable Rupture Of Diplomatic Relations

. Unreasonable Rupture of Diplomatic Relations,
o., g., -.
PRELIMINARY STATEMENT.
The undersigned Minister of Foreign Relations Of PERM
hos The honor Of addressing himself 70 his Excelency the
Minister Of the department in tho French empire
calling his attention 70 the circumstances relating 30 the
subject Paul Darhn in the city Of Calao which caused
the amentAble suspension OF Official be-
tween the Hon. Mons D. A. Huet Consul General and
Oharse d'Ana,res of g. l. N and Peru.
The government Of tho undersigned entrusted the set
Element Of this affair." on an honorable and just basis 70
d. Francisco de RiverO, appointed in the character Of
Envoy Extraordinary and Minister Plenipotentary the
Imperial Court the informed this department.
~ different times that arrangement drawn by himself
vas be accepted by the Cabinet Of PARIS He
mentioned neither has he done afterwards, thai
Ss saa &c has been agreed upon hs remarked
received in bis pubic character; that he WAS acting
merely confidential agent and that any agreement
appreciation OF the Peruvian government While expect
ing this answer, and being greatly affected by
project Of arrangement Of Senior Rvero the government
q the undersigned received Information through the Hon.
Charge d'Anaires Of B. H., that the Hon Mons, Huet
vas surprised ct NOT receiving any notification Of the
quescence Of the Peruvian government to the aforesaid
agreement the particulars Of which had been commun
Gated 70 him BY his government who instructed him to
wait for its fuhlment The undersigned answered in the
only way be could do Il, viz-that according the
dispatches Of Senior Rvero the arrangement not yet
completed.
Eighteen days After this answer had been given the un
dersigned received another communication from the Vice
Admiral mons Bonsrd)-of which there is annexed to
this copy-for the knowledge Of his Excelency Mons
Drouhin de Luys the purport Of which ASCERTAIN
The aforesaid agreement The Undersigned much 70 his
regret was obliged TO give the enclosed answer (copy
10 justify the NON execution Of this agreement, il is
shown that note that the instructions followed
many essential points, and also the want Of conformity
between the points agreed and the facts taken into
count for the settlement In the absence instructions
the part Of Vice Admiral Bonard 10 discuss the SUBJ
derssncd informed Mons Bonsrd that by order Of his
exoellcncy the President he would address himself
szceleDcy the Minister OF Foreign Relations Of his mpe
nal Majesty making exposition Of the facts connected
The time has for the undersigned make this
data ana precedents, his Excelency win easily compre-
bend there has lot been sufficient time TO effect satsfac
The undersigned takes pleasure in believing that his Ex.
celency the Minister Of Foreign Relations after perusng
The brief indications contained in tho said (copy No
g. and without oreshadowing here ideas TO be emitted in
The contemplated exposition, will prudently and justly
suspend any definite opinion the subject The under
signed expects be able fuhl this engagement within
the second fortnight Of thh MONTH and nothing will be
emitted in order do because he has be-
Aeve that the subject once with some proper
the prompt reestablshment OF the relations between
Peru and France interrupted by this Durhn affair much
- the regret Of the government Of the undersigned
TIE undersigned makes use Of this opportunity TO ex
psess h's sentiments, &c. JOSE FABIO NELGAR.
~ hb Majesty, the Emperor OF the French.
2 r FL NARRATIVE OF THE FACTS.
LIZA, July %, 1869.
Most ExcnlxST SHIN the official Communication
had the honor 70 address 70 T., on the 18th inst
expressed the hope Of being able TO expose at early
all the facts and documents tending TO dssipate
Impressions calculated TO impede the settlement Of the
Durhn affair, ana procure this way the reconsdera-
zion Of that subject In order 10 arrive at happy issue
10 Il me- peasure 70 sadrss
such exposition, and in doing feel confident that
b q animated by the nobeet sentiments Of justice.
ere different Glasses Of facts considered in
Ne Durhn affair, aAd these unfortunately have BEEN min
ted leading wrong impressions through BIASED nfor
pressoDs came the Of points contained In the
eenvent1on between 81 & the Count OF Vale eski, and
Senior Don FRANCISCO R,vero, admitted a. confidential
agent Of Peru These also the points transmitted
70 this government for III execution by Mons the Coun
Ter BOnard in his Of the Soh Of July, which
]. The Intendent Of Police Of Caao win be removed
Rom his Office and cannot be placed but N an Inferior
2 The Judge, Or Suero, who neglected TO order the
and prosecution Of the rioters will be deprived
from akng ocgnzaDce Of questions concerning French
his ols mission.
8 An indemnity Of S. 900 shall be paid immediately to
The officer Of police guilty of acts of violence against
the Frenchman, LUIS Vcent, shall be prosecuted and
The Prefeci Of Calao shall pay to the Consul of his
Majesty the visit omitted by him on the occasion of the
Emperor f, In return for the calmade by Mr. Girar-
dot on the anniversary Of the indeptnf ence.
6. Finally, the French flag, hoisted Al the Consulate
General the return of Mons Huet to Lima shall be sa
when known at Caao shall be answered by the frgate
ADdrs mede.
II proper and necessary to remind his Excelency
thas before these points agreed upon the Count Of
Waewski wrote 30th October 1858, among other
things The Charge Aares. at Peru, Mons Huet, the
owings'The annexed documents III refers TO the
ports of the French Consul at Caao establish clearly
the point, that consequence Of quarrel unprovoked
by himself and ia which he acted in self-defence, Mr.
nurhi an ON nd pf
living at caao ana supporting his family by his industry,
without being previously impeached had TO take
refuge 10 hs house in order to avoid the attack made
against his person. that the local police called TO
quell the disturbance broke open his house, and after
inio jail in piabe CONDITION. Secondly il Is ovd ant
rom The decas atoms Of Mons Grardot, that the pro
ceedngs OF the police and their chief against him were
exceedingly violent at the mGent he nterfered in behalf
Of Mons him. and that this officer promised him the
lease Of the prisoner uncer bonds to be present in court
when cabed-a promise fulfilled; and finally, that
the Protect Of Caiso refused TO accede to the de-
napds interposed TO the same purpose, alleging that
the Judge taken possession of the process while is
wen known that this magistrate was absent from Cao
the time Of the cnmmtm mt, and that General Layseca
obliged lately to ackno Wedge that he vas mistaken.
such sctsun0rtuDaely not the nrst one we have TO
complain ofshoud remain unpublished, there would soon
be no security for the persons and properties OF French
This opinion preceded the agreement referred TO abve
and ftbs be a consequence less Appropriated
without any injury the high enlightenment the Count
de Wale~sk change that ded lotion, by rectifyng the
facts and data leading to It. With all Difference 70 the
judgment Of your Exceency's predecessor will nov
the facts and expose the arguments drawn from
them well as the grounds upon which my govern
men thought proper 70 dsapprove and leave unexecuted
the entered into with Mr. Francisco dc Rvero
However much the facts previously alluded TO may
have been confused they are very distinct and must
treated separately Some Of them belong 70 the judicial
to the diplomatic Glass; though the Ddrhn al
fair ought have been automatically discussed
beg that his Excellency will keep In mind this
distinction, because nigh. possibly happen that
Justice might be on one side in the nrst CASE and
against the other and rice versa is impossible
that could be both Sides aud beside it necessary
70 avoid question Of sinister effect 10 the other.
Will discuss the facts taking into account in the first
Pace the Judicial ones, referring myself 10 the numerous
Gccuments which will be laid before his Excelency BY
The commissioner entrusted with the Of delivering
THIS communication ~ the hands or his Excellency.
feel confident that his Exselency will abide this un
pleasant duty and that ha LiRh senae OF ustca Will in