The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1860-12-27

ana Mr. Ioucey recommends An appeal Of the
act prohibiting the purchase of pate med sr,i.
''as Tor the use of the army and navy.
-.-----------r-- s---s----.--
OUR QUARREL WITH PERU.
As diplomatic relations with Peru bav,
boon suspended, and our difficulty with tln,
Republic will in oil probability be considered
10y he present Congress, we propose to give
a onet history of the two most important
cause OF the misunderstanding: namely. the
seizure and contscation of two American YES
solS' The Lizzie Thompson and Georgiana. by
tue PERUVIAN Government, These y, ssels. in
lhe latter partoi the year 1857, went TO Ioui-
que, port ia Southern Peru, in the regular
course OF uade--,he Lizzie Thompson, direct
from san francisco. with cargo of barley.
and tte Georgiana from Washington territory
via Valparaiso, with cargo of lumber. On
arriving at lqulque they found the port cccu-
pleu by The parusans of General Nivanco. with
a Governor, Collector and other local author
tiles, After discharQng Their cargoes the
captains sought freight for their vessels. and
hnaly chartered them TO load guano at ports
called Psbellon dc Plea and punta de Lobos.
about ten miles from that port. Both captains
were assured by there charterors and bv the
authonues OF lquique tha. the trade in guano
om those places was open, and they received
the necessary licenses AMI cleared at the Gus
tom House 10 20 there.
These points were a'so occupied bythe troops
aud authorities OF General VivaAco, the r,vo-
lutlonary ch,ii While these vessels wcra
taking III guano, Gu tho 2lgh of January. 1853.
IN the temporary absence ofthe vessels of war
belonging 70 the Viyanco party the Tumbes,
an armed vessel belonging to the other side,
came upon them, and having expelled their
crews, TOOK thcm to CalIo, where they were
conhsca;ed by the Government at Lima as
having been engaged in an unlawful trade.
Peru contends that by decree of the Re-
public all trade i'll guano. except from tho
Chnchl Islands, is prohibited, and that any
foreign vessel anchotiug, or going to the for
hidden points, can ho seized and brought to
trial as contrabandist; that by further decree
all guano which may bo taken and exported
at any time from any point by the disturbers
of the public order, can be reclaimed AS stolen
national property; that these American YES
sells went there with knowledge of these de.
crees, and were properly seized and condemn
ed. Peru denies that revolutionary party
and the authorities appointed under it to gov
ern the country or territory occupied by then,
can repeal or suspend the laws and decrees
before existing and observed
| Oar government ON the other hand. claims
that civil war was raging in Peru at the
time of the seizure of these vessels, and that
this conferred upoa the dc ftcto rulers the
| right to govern such portions of the country
AS they were able to reduce to their possession:
that 1t Is the duty OF foreigners to avoid all in
tcricrence under suoh circumstances, to sub
NIT TO the power which exercises ilrisdic-
ton over the places whore they resort; and
while lhus acting they have The rigLt to be
cXenpt-d from al NcXatious interruption
when lna ascendenoy of the parties is tempo
rarily changed by The events of the contest;
that the American vessels, engaged in peace
tul commerce, had right 10 enter any port
OF Peru open To commerce, aud after such
entrance were bound to obey such authorizes
as they foand esllbl he'd there; that when
the de facl0 authorities Of Iquique gave per
mission for the purchase of guano at Pabel-
Ion de Pica and Pun,o de Lobos, then subject
to the authority of that government, il was
repeat OF suspension OF the hitherto existing
DEGREES, and these ships were justified IN
going ththcr uuder their charter parties.
When the question was submitted to At
torney General Black for his opinion, he SUI
tsnei Secretary Cdss in his views of the mat
ter. He came unhestalingly to the conclu-
sion, that when n portion Of The territory of
nalOn is taken pnssesinn of by the foroes OF
another with which it is at war, the conquer
og party has an undouhted right to declare
the law Of She place as long as his occupation
OF il continues. and tha, all tights of the pre-
vlous sovereign are suspended until his pos
session is resumed thai the inhabitants and
strangers must cake the law from the conquer
ing party,as the ruler de faoto and not from
the government which has been expelled and
that when the latter government resumes its
possession and jurisdc ion it cannot call the
citizens or third nation 10 account for oheyinp
the authority which was for the time supreme;
that these principles apply wi,h equal force to
a case Of civil war, ike that in which Peru
was engaged at the time OF The seizure of these
vessels, d revolutionary party. like foreign
belliserent power, being supreme over the
country it conquers, as far aud as long as it's
arm can carry and maintain it.-TN. Y.
Post.
. a--sra