New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-07-21

THE DISPUTE WITH PERU NEARING A
SETTLEMENT.

ASSISTANT SECRETARY DAY CONSIDERING THE
CAsE-sEcRErARY oLNEY's INSTRUCTIONS
TO MINISTER MKENZlE
IHY TELEGRAPH TO TIE TRfDUNE.J
WASHINGTON July 2O.-The MecCord claim against
Peru. which has been the subject OF oipo.hdue
controversy between the United States and Peru
for several years past. seems to be nearing SET
Element Secretary Sherman last week, on the ar
rival of the Peruvian Minister called on the 80
Hector OF the State Department for an Official state
| ,nent of the case, which. when furnished WAS
promptly submitted 10 Assistant Secretary Day ioi
| Anal consideration. In pursuance of request
| made by the Senate resolution OF May ~ INo'
based on d report by the Foreign Relations 'ohh-
Irittee asking the President TO push the ciaim ~
adjustment. Secretary Olney Immediately took tn
case under consideration. and formulated vigorous
instructions to the United States Minister al Lima
/ j. \. Mckenzie.
MACCCRD SUSTAINED BY MR. OLNEY.
The Secretary followed the report of the Senate
committee 40 far as the facts Sc; out by IT, based
en- the evidence, "saenc and unc1l'rover'ed
were available and in IA yeid that must be graft
/ fying to Americans at home and abroad Ihis ois
patch was sent to Minister Mckenzie under dau
! of June q. 1876:
Departmont Of state. Washington. June a. 1896
Sir Adyerns TO ySmy or d GsPa tour ~
a. Of fserI b lain, S o. T GSsr II MscCord an
/ American citizen against the Govern nent OF Peru
origin and history Of the claim. and it is desired
, that you will thoroughly familiarize yours 'if
The salient and uncontroverted facts are as FOL
lows: Upon the hrst presentation OF tne &C, cam IN,
Peru denied all liz Uty on the ground tnat the III.
jures done by persons in !nsurTection agais
the Government which vas at the time Se9 nos
| ton has however. been completely abandoned. INC
acts Of Colonel San Roman have 6eTn % fnc
he continued in charge OF the Prefecture OF
! Cacores and Iglesas, and his official conduct In
vanced in a note from Mr. Alzamora then Peruvian
Der 6, 1855. 1t is that the reilrcad company Of
which MacCord was an Official had given aid TO the
/ Colonel San Roman from ar. MacCord, II is de-
clared was fine against the railroad COMPANY
character. of this excuse was shown in Mr. Buck
3 10 M5 %s " nsa S S Of Sa that he
! matter alleged in excuse by Peru was without
ade TO ii this note until FeGuary > ss more than
four years aferward. Under that date. in response
to request made about year before, your prcae-
GGessor. Mr. Hicks. received a note from MI.
Ii!beyro. which reiteraec in substance the excuse
certai: documents which are said TO prove the
With Of the p@wsy c9Panys in the
This G9.ernment cannot refrain trCn sxpressins
the Peruvian Govcnsn, to justly or EXCUSE Se the
great wrong done ar, MacCord By. alleging that II
Il
upon him. but upon a company Of which he hap
pened to be an cmploye. Even had the fine been
could not. with any show Of justice or propriety,
have been imprisoned and subjected to Unusual
pany's failure 10 pay it. But the whole proceeding
By which the hne was imposed was unwarranted
trary decree bastd, upon alleged facts+ Of which
there MAS no pr9Sf ana r FOR denial Of Which no
ng to show thai, Mr. MacCord did any &C, or used
his position or his Influence in any way in aid az
4 he IClcSiaS had Colonel
Roman possessed ampiG proc that MacCord, ha oi
Justify tho harsh and arbitrary, Proceedings 70
which he subjected. Even had tho country
been under martial law MacCord would have been
entitled 10 At least regular trial BY court martial
Without trial with no evidence Of cTiminality ad
international Law and treaty Obligation. IFS Amer
usual hnrshncss,, and Threatened with death IN
order 10 extort from him the payment OF fine
which even had it been rightfully imposed, Mac
Cord under NJ obligation to pay.
Ts Of RFq hs to M IS sd T
tablished by the facts and TOO well settled unon
Of or s onS d Of WHICH
his Government can regard az an open one Is That
Of payment. Upon this this Department would be
s:ad 20 have an expression from the Peruvian Gov
e'"'''' ! am ''' your 00f RIcmARD f~ o5l.NEY.
TIE DEMAND FOR AN INDEMNITY.
The full text Of the foregoing dispatch TO Minister
Mckenzie BY him delivered TO the Peruvian
Minister on August u, 1896 after which Minister
Mckenzie asked instruction as 10 the amour; OF In
lenlnity he should ask Secretary Olney. on Sep
;enter 90 Js9G replied by cable that "MacCord's
claim $4,000" and subsequently cabled TO the
Minister at Lima 20 urge the settlement of the
MacCord claim" which the same day obeyed.
on December Is. 1885. Secretary Olney addressed
"a dispatch TO Mr.. Mckenzie al Lima. saying:
Sir: Your dispatch No. 3ij. OF the 18th ultimo
relative to the claim OF Victor H. MacCord has
been received. This case has been pending for
many years and both the facts and the law re.at.
Ing 10 Il are thoroughly understood by the United
States and Peru. There Is no occasion or excuse
for further delay on the part OF the Peruvian Gov
eminent In settling the claim. You instructed
TO say 10 the Minister for Foreign Affairs that this
Government Is unable 10 perceive any further
cause for holding this case under consideration.
should he paid. Any further delay In taking action
looking TO immediate settlement can but have the
appearance of a desire TO evade or 20 postpone the
performance OF an unden.sbc obligation
on February 6. 1897 Secretary Olney sen: the fol-
, CATION a; Lima:
Cable result instructions December e MacCord
on February this reply received:
January 10. 1897 informed Peruvian Government
as Instructed Ia MacCord Gaze No answer
This is which the press Of the Nation has
long styled both famous and Infamous and the
country Is not In mood 10 countenance further
tolerance of iawlessness. IL the demand for paw
nlent 9. the Indemnity made by Secretary Olncy in
September, November and December, 1896 rs no;
PROMPT met, II is expected that measures known
In diplomatic circles Will be resoricd I'm order 10
enforce II.
on June TO- 1891 the news was hy authority cabled
10 this country from Lima that Peru has dspai ched