The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-12-19
MORE CORRESPONDENCE.
Mr.. Blaine's Instructions to Minister
Hurlbut Relative to the Cocnet ana
Landreau Claims.

Mr.. Blaine's Instructions to Minister
Huribut Relative to the Cochet ana
Landreau Claims.
WASHINGTON, Dec. 1.-THE following dis
patches between Secretary Blaine and Gen.
Hurbut are furnished for publication by the
Secretary with the approval OF the Fresldent'
DEPARTMENT OF THE STATE,
WASHINGTON, Aug. 4, 1881.
Stephen A. Hurlbat, Esq. etc., ETC., Lima
Peru:
Sir:-As you are aware several communica-
lions have been recently addressed TO THIS de-
partment in reference to certain alleged claims
of citizens of the United States upon the
government of Peru with most urgent re-
| quest for the good offices of the United States
| government in their behalf While L cannot
| anticipate that in the present distressed and
| unsettled condition of that country our repre-
| sensations however urgent will receive prompt
| or satisfactory attention deem 1t best in view
| of possible contingencies 10 furnish you with
| general instructions The two claims for which
| special consif GRAFTON and active intervention
| has been asked are those known as the Cochet
| claim and the Landreau claim. In reference
| to the Cochet claim there has been no inform
| alton laid before the department OF o suff-
| GENTLY definite character TO warrant spee'nc
| instruction and in the absence of the requisite
| data here you will be left to take such steps as
| NAV seem expedient. In Investigating the
origin and character of the claim the
| primal point at issue is whether any American
| ClJIZon OF dkSOclaLlOu Oh CiLlZtuS HAS dCuuiicu
| an interest in the claim in a manner emitting
| him or them lo the good offices of this govern
| ment in making any representation to Peru.
| AS American holders OF the claim or their
| attorneys will be on the ground you will no
/ doubt be placed in possession OF all the facts
| but YOU will take no steps committing your
1 government to the use of its good offices with
| out first reporting in full to the department
| for well considered and definite instructions.
| In regard to the Landreau claim Isee 40 reason
| fha m which
| predecessors seem to have arrived. John U.
| Landreau was an American citizen apparently
| entitled under a lawful contract to reasonable
compensation for important services to the
| Peruvian government. In conformity with
the established practice OF our government
while you cannot in such case make an oft-
cial demand for the settlement of this claim
you will employ your good offices TO procure its
prompt ard just consideration fou VIII nave
observed that In the contract MADE py tne
Peruvian government with Landreau and his
brothers it is expressly stipulated that any
questions arising under its provisions should
be submitted to the judicial tribunals OF Peru
and that in no case shall diplomatic interven-
ton be asked You will also notice that the
Supreme Court of Peru sustaining the decision
of the court below has ruled it had no Jurlsdic-
zion of this contract, thus leaving Landreau
in position in which he can neither appeal 10
his own government nor obtain Judgment
from the tribunals to which by contract he was
authorized to apply in Peru.
While this government will not as at pre-
sent informed undertake to construe the con-
tract or to decide upon the extent of the COM
pensation due Landreau you are instructed to
call the attention of the Peruvian government
to this Injustice and say that the government
of the United States will expect some adequate
and proper means to be provided by which
Landreau can obtain a judicial decision upon
his rights. If the constitution of the Peruvian
courts or Interpretation OF law by Peruvian
Judges deprive Lendreau of the 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 these things,
viz. Supply an impartial tribunal; extend the
jurisdiction of.the present courts, or submit the
case of Landreau to arbitration.
desire also to call your attention to the fact
that in the anticipated treaty which is to adj
| Just the relations between Chilli and Peru, the
latter may possibly be compelled to submit tc
| the loss of territory, If the territory to be
surrendered should include the guano deposit
which were discovered by LaDdreau and fol-
| the discovery of which, Peru contracted to pay
him royalty on tonnage removed, then the
Peruvian government should in treaty stlpu-
| late with Chill for reservation and payment to
Landreau, of the amount due under his con-
tract. If the transfer be made to Chill, 1t
should be understood that this claim OF an
American citizen if fairly adindicated in his
favor shall be treated as prior lien on the
property to which it attaches, and that Chlll
accepts the cesson withthst condition annexed
AS il may be presumed that you will be fully
informed as to the progress of negotiations De-
tween Chilli and Peru for a treaty OF peace you
will make such effort as you judicously can to
secure for Landreau g. fair settlement of his
claim. You will take special care to notify
both the Chilian and Peruvian governments OF
the character and status of the claim in order
that no defnitive treaty OF peace shall be made
in disregard of the rights which Landreau may
be found to possess. | am sir
Your Obedient servant,
JAMES G. BLAINE
LEGATION OF THE UNITED STATES,
LIMA, Peru, Sept. IA, 1881.
Hon. James G. Blaine, Secretary Of State.
Sir,-I acknowledge the receipt OF your dis
patch No. dated August 4, 1881, in relation t
certain alleged claims upon the government
Peru. As 70 the Cochet claim this Legation
has nothing but vague and sweeping statement
) little adapted to any judicial or gu asi JUDI
cial action. / have been favored with two
, very extraordinary letters and some printed
matters emanatiDg from Mr.. j. r. Sbipherd t.
: which reply by this mail asking specific
statements as to the origin, character and ex
tent of the claim and proof in support OF 1t
In the Landreau case the proofs are suficien
and the condition in which the Peruvian gov
eminent have left complainant forms Jus
| ground for decided appeal to their sense o
Justice shall follow directions in your dis
: patch and interpose on behalf of this and al
other American claims. If any negotiation
takes place between Peru and Chilli which in
wolves loss of territory shall take care tina
this claim and attitude of thu United States il
respect to it be officially made known to tn
proper authorities of both governments
beg leave to call your special attention to ex
tracts given as Enclosure to this from the lette
of Mr.. j. r. Shipherd to me dated 18th Q
August, 1881. need not say that II any suci
, arrangement was in fact made that it woult
seem proper should be officially informed OF il
, | As vet have not received from the depart
ment any telegram whatever nor any lnstruc
lions except in your No. which certainly d.
| not touch the very strong points reported to M
by Mr. Shipherd AS at present advised hav
| no faith in the peruvian Company" no
much in Mr.. j. R. Shipherd and am wholly il
the dark as to the honesty or value and exten
I of the Cochet claim. II half his statement
. true and the United States assume charge @
|, the claim we should own Peru by mortgag
which can never be paid.
! L am, Sir, Your Obedient Servant,
S. A. HURLBUT
, Enclosure in No 2, and extract from lette
j. r. Shipherd to S. A. Hubert, dated 18th c
August, 1881, protesting to give report OF tn
: interview with Secretary Blaine:
ssBut this is not quite ALL 1t is notorious ths
Chilli Peru and certain creditors of Peru are at tn
very point to apportion among themselves not onl
the grant which is absolutely our property put oni
otI er available assets of Peru the mitrates also
such Apr opriation allowed irreparable mi
chief might result. l therefore ask a preliminar
/ any such apportionment untf the Landreau claim
and Chef titles are first properly recognized an
provided tor; the former paid as res lddjudicGtt
! | The lat er lowed or fairly disapproved
The Secretary instantly responded that you wi
get and will make it my first business On the
inst very soon after my direction of the Secretar.
was advised that the identical instructions sue
gested had been that day sent you both by cabl
and post, and that might rely upon the statu gu
accordingly
f The Secretary instantly responded that 20
will get and will make it my first business
On tie ID inst, very soon after my direction c
s the Secretary, was advised that the identities
, instructions suggested had been that day ser
you both by cable and by post, and that
r might rely upon the statu quo accordingly.
No. IT, DEPARTMENT OF STATE,
Washington, ID. c., Nov. IL, 1881. J
Stephen A. Huylbut, Esq, &C., &C.:
Your number No, II, in reference to the Ct
Chef and Landreau claims, indicates pruden
! and discreet course en- your part. After instrut
lions in my No. Z in regard to this subjet
. had been mailed, l became convinced Their
was no need of even the preliminary enquir
which / suggested in regard to the Coche
claim. There is no just ground whatever o
. which this government could intervene on be
: half of it. In SO far as there may be any basi