Daily Kennebec journal., 1881-12-19
UNITED STATES AND PERU.
Correspondence Between Sec
retary Blaine and General
Hurlbut.
wAsHISGToS, Dec. lS-

The following dispatches between Secre-
tary Blaine and Gen. Hurlburt are furnished
for publication by the Secretary, with the ap-
provat of the President:
No. I, DEPARTMENT OF STATE,
WAsHISGToN, Aug. 4, 1881.
70 Stephen A. Hurlbut, Esq, Lima. Peru,
Sir-As YOU are aware several communi-
cations have been recently addressed to this
department in reference 10 certain alleged
claims of citizens of the United States upon
the government of Peru, With most urgent
request for the good offices OF tine lnlted
States government in their behalf. While L
cannot anticipate that in the present dis
tressed and unsettled condition of that coun-
try. our representations, however urgent,
will receive prompt or satisfactory attention,
I deem it best in view of possible contlngen-
cies to furnish you with general instructions.
The two claims TO which special consioera-
ton and active intervention has been asked
are those known as the COchet claim and the
Landau claim.
In reference to the Cochet claim. there has
been no information laid before the depart
ment Of sufficiently definite character TO
warrant specific instruction, and IN the ap-
sence of the requisite data here, you Will De
left to take such steps as may seem expedleht
in investigating the origin and character OF
the claim The primal point at issue is
whether anv American citizens or association
of citizens, has acquired an interest In the
claim in a manner emitting him or them 10
the good office of this government In max
ing anv representations to Peru, as Ameri-
can holders of claims as their attorneys Will
be on the ground. You will, no doubt, be
placed in possession of all the facts, but you
will take no step committing your govern
ment to the use of its good offices, without
first reporting in full to the department for
well considered and definite instructions.
In regard to the Landeau CLAIM, / see no
reason to differ from the conclusions to which
my predecessors seem to have arrived. John
c. Landeau was an American citizen, ap-
parently entitled, under lawful contract, to a
reasonable compensation for important ser
vices to the Peruvian government. In conform
ity with the established practice ofour govern
ment, while you cannot in such a case make
official demand for settlement. this claim you
will employ your good offices to procure its
prompt and just consideration.
You will have observed that in the contract
made by the Peruvian government with
Landau and his brothers, it is exprassly stip-
ulated that any questions arising under its
provisions should be submitted to the Judicial
tribunals of Peru. and that in no case shall
a diplomatic Intervention be asked. You will
also notice that the Supreme Court of Peru,
sustaining the decision Of the court below.
has ruled that it had no jurisdiction of this
contract, thus leaving Landeau in position
in which he can neither appeal to his own
government nor obtain judgment from the
tribunals, to which bv contract, he was auth
orized to apply in Peru.
While this government will not, as at pres
ent informed, undertake to continue the con-
10 fh1 ant Of
pensation due Landreau, you are instructed
to call the attention OF the Peruvian govern
ment to this injustice, and say that the gov
ernment of the United States will expect
some adequate and proper means to be pro-
vided by which Landeau can obtain judicial
decision upon his rights.
If the constitution OF the Peruvian courts,
or Interpretation of law by the Peruvian
judges, deprives Landeau of justice, which
the contract itself guaranteed him, then in
the opinion of this government, Peru is
bound in duty and in honor to do one of the
three thing, viz, supply an impartial tri-
bunal, extend jurisdiction of the present
| courts or submit the case of Landau to
arbitration.
desire, also, to call your attention to the
fact that in the anticipated treaty, which is to
adjust the relations of Chill and Peru, the
idtttT may PoSslDlN Dc " suOElt
to the loss of territory. If the territory to
be surrendered should include the guano de-
posits which were discovered by Landau
and for the discovery of which, Peru con-
tracted to pay him a royalty on the tonnage
removed by them. The Peruvian govern
ment should in the treaty stipulated with
Chilli for the reservation and payment to Ian
dreau of the amount due on his contract. II
the transfer be made to Chill it should be un
derstood that this claim of an American citi
zen, if fairly adjusted in his favor, shall be
treated as prior lien on the property to
which it attaches, and that Chilli accepts the
cession with that condition annexed.
As it may be presumed you will be fully
informed as to the sprogress of the negota
tions between Chilli and Peru for the treaty
of peace, you will make such efforts as you
judiciously can, to secure for Landau a fail
settlement of his claim. You will take
| special care to inform both the Chilian ant
Peruvian governments of the character and
status of the claim, in order that no defin
tive treaty of peace shall be made in disre
gard of the rights which Landau shall be
found to possess.
am your sbedient servant,
JAMES G.. BLAINE.