National Republican., 1881-12-13
DIr. Blaine and South American AZ
fairs.


fairs.
Those who suppose that the special en-
voy to Peru goes to back up the reported
attitude of Mr.. Hurlbut will doubtless
find on the contrary that his conduct is
TO be inquired into, and that if he has
presumed to exceed his instructions in
manner offensive to the friendly govern
ment of Chill he will be recalled He is
said to have declared that the United
States will resist any claim of Chilli to
Peruvian territory as indemnity or Sc
curty. But, in his letter of instructions
OH this point, Secretary Blaine said:
The United States cannot refuse to recognize the
rights which the Chlian government has acquired
by the successes of the war, and may be that ces-
sion oJterory g be The necessary price TO be paid for
peace.
This is in accordance with the recog-
nized public law. The right Of success
ful belligerent to treat with the con-
quered as TO the terms of peace, without
dictation or uninvited interference from
without, is as well recognized as is the
right of private persons to adjust their
own differences. Says Wheaton in dis
cussing this subject:
The treaty of peace leaves everything in the
state in which 1t found 1t, unless there be some
express stipulation TO the contrary. The existing
state of possession is maintained, except far as
altered by the terms Ofthe treaty nothing be said
about the conquered country or places, they remain
soih Mc cOnTucrOr and his title cannot afterward
be called in question. During the continuance Of
the 1ear the conqueror in possession has only
usuiructuary right and the latent title of the
peace, by its silent operation or express provisions
extnguishes its title forever. The restoration OF
the conquered territory 10 its original sovereign
by the treaty of peace carries with II the restora-
tion OF all persons and things which have been
temporarily under the enemies dominion. law
rence's Wheaton, p. s7S)
These principles are based on the
usages as well as the common sense of
nations. The condition of war and its
accompanying rights continue until ter
minated by treaty of peace. The treaty
making power of Peru must be IA govern
ment, actually representing whatever is
left Of Peruvian sovereignty. II ought
not TO be the mere agency of aconspiracy
against the integrity Of Peruvian territory
on the one hand, nor yet an instrument
created by mercenaries TO plunder Peru
of her main resources PROSTATE and
helpless under the results of the war not
yet terminated by treaty of peace, it
would seem that Peru must sue for peace
through officials with whom Chill is
willing to treat. The Caderon govern
ment, 50 far from fulfilling this condi.
ton, was but a weak, provisional affair
which has been seized by Chill and shut
up like bad boy for violation Of ChiliaI
orders within the Chilan lines in Peru
Our Government is represented bya Min
lister who, in his eagerness to prevent 9
Cession of Peruvian territory, is reported
as having virtually threatened Chill witt
the displcasure and indeed the resistance
Of the United States unless she will ac
cept some other settlement. This woulC
all be very heroic but for the unsavor!
odor Of the alternative. Fears are en-
tertained that the settlement whicl
Minister Hurlbut desires TO pro
mote would be less beneficial
and more costly TO Peru thai
would cession of some territory
However well it may sound for ou
representative to command Chill to foreg
the acquisition Of Peruvian territory, W
must be careful TO avoid the appearance
of furthering any scheme for a still NOR
vital injury TO Peru, If any company 0
association is seeking to appropriat
Peru's most valuable resources on con
diion Of expending portion ofthem fo
the purchase of peace with Chill, PERI
and not that company, should at lea'
decide upon that matter
There are expressions in secretar
Blaine's letter TO Mr.. Hurlbut which il
dicate fear that the military force {
Chill in Peru may interfere with th