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tion only of the guano product, the overplus, as well as all future discoveries of guano, to go to Chile.

"This government does not undertake to speak for any other than the lawful interests of American citizens which may be involved in this settlement, but as to them it must be frankly declared and unmistakably understood that the United States could not look with favor upon any eventual settlement which may disregard such in

terests.

"It may be difficult for you, in concert with your colleagues, to advocate any determinate solution of the embarrassing questions relating to the other foreign debt of Peru, since this government can not undertake to advocate the interests of any class of bondholders or other legitimate creditors of Peru without exercising a like watchful consideration for the interests of all. It seems, however, to be essential to a just and lasting peace either that Peru should be left in a condition to meet obligations toward other governments which were recognized prior to the war or which may be legitimately established, or that if Chile appropriates the natural resources of Peru as compensation for the expenses of the war she should recognize the obligations which rest upon those resources, and take the property with a fair determination to meet all just incumbrances which rest upon it.

"The President would see with regret any insistence by Chile upon a policy which would impose upon Peru heavier burdens than she has been disposed to impose during the past negotiations.

“Better terms, if offered, would be appreciated by him as a friendly recognition of the earnestness which this government has shown in endeavoring to bring about an honorable and equitable end to the painful strife."

Mr. Frelinghuysen, Sec. of State, to Mr. Phelps, min. to Peru, No. 8,
Aug. 25, 1883, For. Rel. 1883, 711.

"The opinion of the United States heretofore has been, that as the foreign
obligations of Peru, incurred in good faith before the war, rested
upon and were secured by the products of her guano deposits, Chile
was under a moral obligation not to appropriate that security with-
out recognizing the lien existing thereon. This opinion was frankly
made known to Chile, and our belief was expressed that no arrange-
ment would be made between the two countries by which the ability
of Peru to meet her honest engagements towards foreigners would
be impaired by the direct act of Chile. This government went so far
as to announce that it could not be a party, as mediator, or directly
lend its sanction to any arrangement which should impair the power
of Peru to pay those debts."

Mr. Frelinghuysen, Sec. of State, to Mr. Phelps, min. to Peru, No. 27,
Dec. 29, 1883, MS. Inst. Peru, XVII. 33.

See, also, Mr. Frelinghuysen to Mr. Phelps, tel., Feb. 28, 1884, MS. Inst.
Peru, XVII. 41.

"Your several dispatches, so far as received to date, reporting the military and political situation in Peru, have been considered with the attention demanded by the importance of the occurrences you narrate. As supplemented by your later telegrams, they show the conclusion of a treaty of peace between General Iglesias and the Chilian plenipotentiary, on what are understood here to be bases substantially in accord with the terms of the protocol previously signed between General Iglesias and the representative of Chile; the evacuation of Lima by the Chilean forces; the installation there of a form of provisional administration under the Presidency of General Iglesias; and the revolt of the residents or garrison of Arequipa against the authority of Vice-President Montero, who thereupon escaped by flight. Besides this, it appears that the first public act of General Iglesias on assuming control of the provisional government thus established, was to issue a convocation for an assembly of delegates, to be chosen by the people of Peru, to whom is to be referred the question of accepting and ratifying the treaty which has been signed, and who are further to decide the Presidency of the Peruvian government. "Of the terms of the treaty itself I can not at present speak. You are already acquainted with the views of this government upon the main point involved. It remains to be seen whether the people of Peru, in the expression of their national sovereignty, are disposed to accept the terms proposed to them. With this the government of the United States has no desire to interfere. It respects the independence of Peru as a commonwealth entitled to settle its own affairs in its own way. It recognizes too keenly the calamities of protracted strife, or the alternative calamity of prolonged military occupation by an enemy's forces, to seek, by anything it may say or do, to influence an adverse decision of the popular representatives of Peru. And a due respect for their sovereign independence forbids the United States from seeming to exert any positive or indirect pressure upon these representatives to influence their course.

"The state of facts reported by you makes it necessary to give you instructions respecting your relations with the provisional government. With the people of Peru this country aims, as it has always aimed, to maintain relations of friendship and sympathy. With the particular administration which may for the time assume to control the affairs of Peru we have little direct concern, except so far as our attitude towards it shall express our friendliness to the nation; hence we have no partiality for the Calderon-Montero government or desire that you should manifest any. Should the assembly which is about to convene be elected under circumstances entitling it to represent the people of Peru and declare for General Iglesias, this government would no doubt recognize him. This, however, it is unnecessary to say, as such an announcement in advance of the action of the assembly

might in effect exert an influence upon its deliberations, which we seek to avoid.

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Mr. Frelinghuysen, Sec. of State, to Mr. Phelps, min. to Peru, No. 18.
Nov. 15, 1883, For. Rel. 1883, 727.

"Your energy in seeking to reach some conclusion is appreciated, but for this government to direct you to tell Peru that it should surrender Tarapacá, Tacna, and Arica, on receiving $10,000,000, would be assuming to decide a question between two nations when we have not been requested to arbitrate, and it would be telling Chile it might properly make claim for the territory. Peru's condition may be so deplorable that it is wise for her to accept these terms, but Peru and not the United States as to this must decide."

Mr. Frelinghuysen, Sec. of State, to Mr. Logan, min. to Chile, tel., Jan. 5, 1883, MS. Inst. Chile, XVII. 48.

(7) SYMPATHY WITH LIBERAL POLITICAL STRUGGLES.

§ 904.

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'Born, sir, in a land of liberty; having early learned its value; having engaged in a perilous conflict to defend it; having, in a word, devoted the best years of my life to secure its permanent establishment in my own country, my anxious recollections, my sympathetick feelings, and my best wishes are irresistibly excited, whensoever, in any country, I see an oppressed nation unfurl the banners of freedom. But above all, the events of the French Revolution have produced the deepest solicitude, as well as the highest admiration. To call your nation brave, were to pronounce but common praise. Wonderful people! Ages to come will read with astonishment the history of your brilliant exploits! I rejoice, that the period of your toils and of your immense sacrifices, is approaching. I rejoice that the interesting revolutionary movements of so many years have issued in the formation of a constitution designed to give permanency to the great object for which you have contended. I rejoice that liberty, which you have so long embraced with enthusiasm-liberty, of which you have been the invincible defenders, now finds an asylum in the bosom of a regularly organized government-a government, which, being formed to secure the happiness of the French people, corresponds with the ardent wishes of my heart, while it gratifies the pride of every citizen of the United States, by its resemblance to their own. On these glorious events, accept, sir, my sincere congratulations.

"In delivering to you these sentiments, I express not my own feelings only, but those of my fellow-citizens, in relation to the commencement, the progress, and the issue of the French Revolution; and they will cordially join with me in purest wishes to the Supreme

Being, that the citizens of our sister Republick, our magnanimous allies, may soon enjoy in peace, that liberty which they have purchased at so great a price, and all the happiness which liberty can bestow.

"I receive, sir, with lively sensibility, the symbol of the triumphs and of the enfranchisement of your nation, the colours of France, which you have now presented to the United States. The transaction will be announced to Congress; and the colours will be deposited with those archives of the United States, which are at once the evidences and the memorials of their freedom and independence. May these be perpetual! and may the friendship of the two Republicks be commensurate with their existence."

Answer of President Washington to the address of the French minister,
Mr. Adet, on his presenting the colors of France to the United States,
January 1, 1796. (2 Wait's State Papers, 98.)

(8) HOSPITALITY TO POLITICAL REFUGEES.

See supra, § 72.

$ 905.

"You are well aware that the deepest interest is felt, among the people of the United States, in the fate of Kossuth and his compatriots of Hungary, who have hitherto escaped the vengeance of Austria and Russia by seeking an asylum within the boundaries of the Ottoman Empire. The accounts respecting them have been so conflicting sometimes representing them as having escaped, and at others as being captive-that we have not known what to credit, and have, therefore, declined to interfere in their behalf; nor do we now desire to interfere by entangling ourselves in any serious controversy with Russia or Austria. But we can not suppose that a compliance with the dictates of humanity, now that the contest with Hungary is over, would involve our friendly relations with any other power. Should you be of the opinion that our good offices would avail anything to secure their safety and their escape from the hands of those who still pursue them, it is desired by your Government that you should intercede with the Sultan in their behalf. The President would be gratified if they could find a retreat under the American flag, and their safe conveyance to this country, by any one of our national ships which may be about to return home, would be hailed with lively satisfaction by the American people."

Mr. Clayton, Sec. of State, to Mr. Marsh, Jan. 12, 1850, MS. Inst. Turkey, I. 338. Extracts from this instruction were published in S. Ex. Doc. 43, 31 Cong. 1 sess. 13.

"By a dispatch of my predecessor, you were instructed to offer to the Sublime Porte to receive Mr. Kossuth and his companions on

board of one of the national ships of the United States, to convey them to this country.

"It would be extremely gratifying to the government and people of the United States if this proposition could have been, at that time, accepted; but it is understood that its not having been complied with, by the Sublime Porte did not arise from a wish, on His Imperial Majesty's part, to detain them, or from any unwillingness that they should proceed to the United States, but was in consequence of the Sultan's offer to Austria, to detain these persons for one year, at the expiration of which time, unless further conventions should be entered into to prolong their detention, they should be at liberty to depart.

"If this be so, the time is near at hand when their release may be expected, and when they may be permitted to seek an asylum in any part of the world to which they shall be able to procure the means of transportation.

"It is confidently hoped that the Sublime Porte has not made, and will not make, any new stipulation, with any power, for their further detention; and you are directed to address yourself urgently, though respectfully, to the Sublime Porte on this question.

"You will cause it to be strongly represented that while this Government has no desire or intention to interfere, in any manner, with questions of public policy, or international or municipal relations of other governments, not affecting the rights of its own citizens, and while it has entire confidence in the justice and magnanimity and dignity of the Sublime Porte, yet on a matter of such universal interest. it hopes that suggestions proceeding from no other motive, than those of friendship and respect for the Porte, a desire for the con. tinuance and perpetuity of its independence and dignified position among the nations of the earth, and a sentiment of commiseration for the Hungarian exiles, may be received by the Porte in the same friendly spirit in which they are offered, and that the growing good feeling and increasing intercourse between the two governments may be still further fostered and extended by a happy concurrence of opinion and reciprocity of confidence upon this as upon all other subjects. Compliance with the wishes of the government and people of the United States in this respect will be regarded as a friendly recognition of their intercession, and as a proof of national good will and regard.

“The course which the Sublime Porte pursued in refusing to allow the Hungarian exiles to be seized upon its soil by the forces of a foreign state or to arrest and deliver them up itself to their pursuers was hailed with universal approbation, it might be said with gratitude, everywhere throughout the United States, and this sentiment was not the less strong because the demand upon the Sublime Porte was made

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