The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-10


part of our Government to send vessel of war to
Callao with orders TO settle the questions at issue
with the strong hand and the least that is threat
ened is a demand of his passports on the part of
our Minister, should Peru refuse to comply with
the demands which Mr.. CLAY is directed to press.
As only portion of the correspondence illustra-
ting the matter has been published, we have taken
some pains to inform ourselves as TO the true state
of the negotiations which wear so serious an as
pecl and we have no doubt it will interest our
readers to know how far they authorize the grave
proceedings menaced.
The only claims particularly involved in the
present controversy between the Governments, are
those preferred by the owners of the Georgana and
Lizzie Thompson two American vessels, which
were seized at small ports on the Peruvian coast
in January 1858, in the act of loading guano in
violation of the laws of that Republic. The revo-
luton headed by VIvANCo was at that time in pro-
rress and as the officers commanding the only
war vessel Of any size belonging to Peru were in
league with VIvANCO, the revolutioniss had con-
troll, for the most part Of the coast. As the chief
object of the revolution was TO obtain possession
of the guano deposits, which are the principal
wealth Of the country, VIvANCo availed himself of
his opportunities to seize and sell as much as pos
sible of the valuable commodity in question, and
the Georgiana and Lizzie Thompson had been
chartered by his agents or under their authority,
to carry off cargoes Of the same. As our readers
are aware, the expectation of guano from Peru is
conducted exclusively through parties contracting
with the government therefor. is, in fact, a
government-monopoly, and any interference there
with and particularly the unauthorized removal
of guano, was high crime, punishable by law
as robbery, and involving the confscation of the
vessels concerned. The laws afixing these penal
ties were of many years standing and were noticed
in the published 'Report on the Commercial Re-
Citations of the UNITED STATES with Foreign
''NatioHs,' transmitted by our Executive to Con-
gress, as far back as 1856. There could be no
pretence, therefore, of ignorance of their prov-
sions on the part of the masters of the vessels,
even if ignorance were any excuse in such cases.
A cruiser of the regular government at Lima
having received information that the Georgiana
and her companion were engaged in the prohib-
tied trade at the designated ports, proceeded there
and captured them in succession They were
then duly libelled, condemned and sold, and it is
for a very aggravated estimate of their value that
the existing claims have been urged. Our Gov
eminent, acting upon an opinion of the Attorney
General-whch is said not to coincide with
that of the veteran Secretary of State-asserts the
doctrine, that in civil contest such as existed
at the time in Peru, foreigners may lawfully deal
With either one of the contending parties as a
government de facto, where such party is actually
in power and exercising the functions of gov
eminent; and that the captains of the vessels in
question, finding VIvAYCo master of the situation
in the particular localities, were authorized to
deal with his government as the lawful govern
ment, and to load the guano, if he recognized
such loading as legal. The Peruvian government
as matter of fact, that if V1yANCo
had been de facto in power at the points desig-
mated, his rival would not have been able to
capture the vessels by the exercise of superior
power and secondly, as matter of law, that the
doctrine of de tacto governments does not apply
to the case. The Peruvian Minister sets up, as
the true doctrine of international law-and cites
many authorities, and especially decisions of our
own Supreme Court, TO show-that where revolu-
ton takes place in existing State the citizens
of friendly States are bound to regard the recog-
nized government is the legitimate one, until
their own respective governments decide other
wise. He argues that no private individual has
right TO decide for himself the existence of civil
war, or to assert rights hereunder Such matters
are left exclusively TO the arbitramcnt of govern
ments, and until the UNITED STATES should officially
recognize the existence of civil war in Peru, the
citizens of the UNITED STATES would have no au-
thorlty to deal withthe unrecognized government
NIyANCo, as authorized to dispose of the national
property, or &C. as the representative of the nation
and If they did so, they took the chances of
oeing arrested and made subject to the penalties
OF the laws which they undertook, on VIyANco's
responsibility, to violate. Mr. De OsMA further
shows that our government not only never recog-
nized NIvANCo, or the existence of civil war, in
any way, but was actually, at the time, negotia-
tng with CAsTILLA's government at ina, through
Mr. CLAY himself modification of the existing
treaty, Mr.. CLAY being accredited to CASTILLO
and CAsTILLA's Minister recognized and received
at Washington. Mr.. De OsMA adds, with much
force and justice, that humanity, equally with in
ternational law, repels the doctrine that the
unhappy dscords of weak nations are justiica-
ton to the citizens of friendly States, in avaing
of the opportunity to commit spoliations
under cover of neutral rights. We have reason to
know that in the grounds assumed by him in the
controversy, Mr.. De OsMA is supported by most
professional opinions in our own
country and abroad. The Hon. REvERDY JOHN
SON, and the late Hon. JOHN NELSON are mentioned
rs having sustained the principles contended for
by the Peruvian government, in elaborate argu-
ments OF great ability. Several CHILEAN vessels
having been taken at the same time and in the
same act with the American ships referred to. the
government of Chill at refused to interfere on
behalf of its citizens, and formally recognized
the justice of the principles advanced by
Peru in connection with the subject The
French Consul at Iquique, being interested
n the charter of the "Lizzie Thompson" invited
the interference of the Minister of his nation at
Lima to protect his interests. The Charge of
France, however not only refused to interfere,
but suspended the Consul until the orders of his
home government could be taken in the matter The
'ase was referred by the Emperor to the tribunal
Of eminent pubicists attached to the department of
+ Foreign Affairs at Paris, and the result was an
elaborate opinion, affirming the right of the Peru
Wan Government to confiscate the vessels and to
the other proceedings which had been
adopted. Thus fortified by the highest authori-
ties, Peru has naturally refused 10 abandon posi-
Lon the maintenance of which is absolutely essen
al to the integrity of her territory and posses
ons. If civil war egalizes robbery, it is easy to
perceive that civil war Will never cease to desolate
Ter coasts; and two out of three of the nations in
ect as legitimate Peru il well justified in planting
herself upon them. To avoid all ground of COM
olaint, however, Mr.. DE OsMA and his successor,
Mr.. ZEGARRA, have repeatedly offered to submit
the matter 10 the arbitration of any European
power. This our government has refused, and it
Is III lhs case, and under these circumstances that
'ne compulsory measures referred to in the begin
mug Vi THIS article are suggested, and, we fear,
Considering the power of this
country anu the Weakness of Peru, we should re-
gard tne settlement of such a controversy bv in
or violence, on orr mart 90 q doom Dis
grace.to US, under any circumstances whatever.
But in view of the particular features Of tb;s
the recognition of the Peruvian governments nro.
ceedings in the premises, by two governments
equally interested with our own in the ;dantiooI
controversy; and the offer TO arbitrate, made and
reiterated; we should deserve and receive the rep
rotation of the civilized world, if we were to shed