PERU AND SPAIN. 3+ 7- L SECOND PERIOD OF THE WAR. OFFICIAL DOCUMENTS. 8th MARCH, 1866. NEW YORK: WM,'. BRYANT & CO, PRINTERS, 41 NASSAU ST., COR. LIBERTY. 1866. PERU AND SPAIN. SECOND PERIOD OF THE WAR. OFFICIAL DOC UMENTS. Sth MARCH, 1866. NEW YOBrl: WM. u(. BRYANT & CO., PRINTERS, 41 NAS.AU ST., COR. LIBERTY. 186G. CONTENTS. Documents. Page No. 1.-Decree approving and ordering the ratification of the Peru-Chilean Treaty of Alliance,.. 5 No, 2. —Treaty of Alliance, Offensive and Defensive, between Peru and Chile,.....t 6 No. 3. —Exchange of Ratifications,. 9 No. 4.-Declaration of War against the Spanish Government,. 10 No. 5.-Exposition of the motives which have induced Peru to declare War against the Government of Spain,, 12 No. 6.-Circular to the Foreign Diplomatic Corps resident in Lima,.... 37 No. 7.-Circular to the Ministers of Foreign Affairs of all friendly nations not represented by Diplomatic Agents in Lima,....... 38 No. 8.-Reply of the Bolivian Plenipotentiary to Senor Pacheco's Circular,....... 41 No. 9.-Reply of the French Legation,.. 42 No. 10.i-Reply of the British Legation,..... 44 No. 11.-Naturalization of Foreigners serving in Peruvian and Chilean Vessels,....... 45 No. 12.-Decree declaring that Coal and Provisions when intended for the use of Spanish War Vessels, will be considered as contraband of war,.. 4 (Doc. No. 1.) DEPARTMENT OF FOREIGN AFFAIRS., MARIANO IGNACIO PRADO, Supreme Provisional Chief of the Reptublio. pECREE ONLY ARTICLE.-Let the Treaty of Alliance, offensive and defensive, entered into in this city, on the 5th day of December, 186C, by the respective Plenipotentiaries of the Republics of Peru and Chile, be approved; and, therefore, let the exchange of ratifications be proceeded with. Tlhe Secretary of State for Foreign Affairs is hereby charged with the execution of this decree. Given at the Government House in Lima, this 12th of January, 1866, MARIANO I. PRADO. T. PACHECO, (No. 2.) TREATY OF ALLIANCE Offensive and Defensive, BETWEEN CHILE AND PERU. MARIANO IGNACIO PRADO, Supreme ]Provisional Chief of the tepublic. WHEREAS, The Republics of Peru and Chile did, in this Capital, on the fifth of December, one thousand eight hundred and sixty-five, through their respective Plenipotentiaries, enter into the following Treaty of Alliance, offensive and defensive, viz.: IN THE NAIME OF ALMIGHTY GOD, The Republics of Peru and Chile, in view of the danger by which America is threatened and of the violent aggression and unjust pretexts with which the Spanish Government has commenced t aa t attack the dignity and sovereignty of both, have agreed to enter into a Treaty of Alliance, offensive and defensive, for which purpose they have named as Plenipotentiaries ad hoc, on the part of Peru the Secretary of Foreign Affairs, Don Toribio Pacheco, and on the part of Chile, DoD Domingo Santa Maria, who, having found their respective powers ample, have agreed upon the present preliminary Treaty. ARTICLE I. The Republics of Peru and Chile do mutually covenant to enter into the closest alliance, offensive and defensive, for the purpose of repelling the actual aggression of the Spanish Government, or any other of the same Government which may have for its object an assault against the independence, sovereignty, or democratic institutions of the two Republics, or of any other of the Republics of the South American Continent, or which may have its origin in unjust claims, qualified as such by bolh nations, not formed in accordance with the laws of nations, nor tried in the manner which the same law prescribes. ARTICLE II For the time being and by this present Treaty, the Republics of Peru and Chile bind themselves to unite the naval forces which they now have or may hereafter have at their disposal, in order to act against the Spanish naval forces now found or which may be found in the waters of the Pacific, whether they be blockading, as at present, the ports of one of the above mentioned Republics, or, as may hereafter happen, of both, or acting in any other hostile manner against Peru or Chile. ARTICLE liti The naval forces of both Republics, whether acting in combination or separately, shall, during the continuance of the present war, which has been provoked by the Spanish Government, obey the Government of that in whose waters said naval forces may be found. The officer of highest rank, and, in cas3 thI:r should be several of same rank, the senior of such officers who may be in 8 command of either of the allied squadrons, shall take command of both whenever said squadrons may be acting in combination. Nevertheless, the Governments of both Republics may confer, by mutual consent, the command of their squadrons, when acting together, upon any officer, native or foreigner, whom they may consider the most competent. ARTICLE IV. bach of the contracting Republics, in whose waters the combined naval forces may be found, in consequence of the present war with the Spanish Government, shall pay the expenses of every kind which the maintenance of the squadron, or of one or more of its vessels, may render necessary; but, on the termination of the war, two commissioners shall be named, one by each of the Republics, who shall effect a final liquidation of all expeibses incurred and duly proven, and charge each of the Republics with one-half the total value of the amount of such expenses. In said liquidation, all partial expenses incurred during the war, by either of the Republics, for the support of the squadron or of one or more of its vessels, shall be considered and credited in account. ARTICLE V. toth of the contracting parties bind themselves to invite the other American nations to join in the present treaty. ARTICLE VI. The present treaty shall be ratified by the Governments of both Republics, and the ratifications shall be exchanged in Lima, in the term of forty days, or sooner, if possible. In testimony whereof, the Plenipotentiaries of both Republics do sign and seal the present treaty. Done at Lima, the fifth of December, one thousand eight hundred and sixty-five. (Signed) T. PACHECO. [L. s.] (Signed) DOMINGO SANTA MARIA. [L. S.] Therefore, the present treaty having been approved by decree of this date, I do hereby ratify the same, considering it as a law of the nation, and pledging the national honor for its faithful fulfillment. In testimony whereof, I sign the present ratification, sealed with the arms of the Republic, and countersigned by the Secretary of State for Foreign Affairs, at Lima, this twelfth day of January, in the year of our Lord one thousand eight hundred and sixty-six. MARIANO I. PRADO. The Secretary of Foreign Affairs, T. PACHECO. (No. 3.) EXCHANGE OF THE Ratifications of the Treaty of Alliance, OFFENSIVE AND DEFENSIVE, Between PER I A ND C HILE. The undersigned, Toribio Pacheco, Secretary of' Foreign Affairs of the Republic of Peru, and Domingo Santa Maria, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Chile, having met in the hall (salon) of the Depart2 10 ment of Foreign Affairs in Lima, for the purpose of exchanging the ratifications of the Treaty of Alliance, offensive and defensive, concluded in Lima, on the fifth of December, one thousand eight hundred and sixty-five; and after communicating to each other their respective full powers, which were found to be in proper and due form, they carefully compared the two copies of the aforesaid treaty, and having found them to agree and to be in conformity one with the other and with the original, said exchange was duly effected. In testimony whereof, the undersigned have signed the present certificate (acta) of exchange, and sealed it with their respective seals, in Lima, this fourteenth day of January, one thousand eight hundred and sixty-six. T. PACHECO. [L. s.] DOMINGO SANTA MARIA. [L. S.] (No. 4.) DECLARATION OF WAR. _MARIANO IGNACIO PRADO, Supreme Provisional Chief of the Republic. Considering, That aside from the special reasons which Peru has to dei and satisfaction for the grave offences committed by the Governnic: t of Spain against Peru, it has been her duty to consider, and she does consider, as her's, the question which said Government has raised with Chile; and consequently a treaty of alliance, offensive and defensive, between the two Republics, has been signed, approved, and ratified, for the purpose of mutual self-defence, and of protecting America from the unjust and violent aggressions of Spain. 11 Decree: Art. 1st. The Republic is hereby declared to be in a state of war with the Government of Spain. Art. 2. The Secretary of Foreign Affairs will take care to communicate this declaration to all friendly nations, with a suitable exposition of the causes which have led to the same. The Secretaries of State, each in the part belonging to him, are hereby charged with the execution of this decree, and to cause it to be published with all due formality. Given at the Government House in Lima, this 14th of January, 1866. MARIANO I. PRADO. The Secretary of War and Navy, Josh GALVEZ. The Secretary of Foreign Affairs, T. PACIECO. The Secretary of Government, J. M. QUIMPER. The Secretary of Justice, J. SIMEON TEJADA. The Secretary of Treasury and Commerce, I. PARDO. 12 (No. 5.) EXPOSITION OF THE MOTIVES WHICH HAVE INDUCED PERU TO DECLARE WAR AGAINST THE GOVERNMENT OF SPAIN. Subsequent to the glorious episode of South American emancipation, and several years having elapsed, two" attempts were made by Peru to enter into friendly relations with Spain, her mother country. She thus wished to prove to the latter, what her subjects residing in the Republic already knew by experience, that no feeliligs of hatred, ill-will, dislike, or even distrust, were entertained in Peru against Spain. The first attempt was frustrated by causes beyond the control of the Peruvian Government; the second through the fault of the Spanish Government, which deliberately chose to give more importance to a question of form than to the real question. It seems that, influenced by certain speculators, the ideas of the Government at Madrid had changed very materially so soon as it learned of Peru's sincere desire to enter into a treaty with Spain, and more especially when the growing importance of the guano deposits presented an irresistible incitement to all those who pretended to have claims for indemnification more or less exaggerated or fictitious. Nothing of this alarmed Peru, because she counted upon the justice and even upon the so much boasted chiva'ry of the Government at Madrid, notwithstanding that an arrangement with Spain could afford no important benefit to Peru, but on the contrary would render it 13 necessary to enter into the discussion of vexatious questions relating to the so-called Spanish debt, and, perhaps, to conde. scend so far as to recognize pretensions which must necessarily have been burdensome. The War of Independence had produced for the natives of the Peninsula who had made their homes in Peru, none of those consequences which would naturally be expected from a bloody struggle, which at one time presented the double aspect of national and civil. The subjects of H. C. AI. continued living peaceably in our midst, enjoying the same rights and protection as, if not greater than, the sons of the country; whilst Peru, let the truth be told, never had reason to regret such concessions. But within a few years prior to this time, there had, unfortunately, come into the Republic, a multitude of Spanish adventurers, who seemed to have been sent for the express purpose of provoking a quarrel between the two nations, and to render any arrangement impossible. To all these elements of dissension, there was, unhappily, added another which served them as fuel for the flames. A colony of Biscayans was broughlt to Perl, some of whom, moved by evil suggestions, created disorder to the point of rebelling against the " patron," and inciting a tumult from which there resulted two deaths and several wountded; and it must be observed, that if there were Spaniards amongst the victims so were there Peruvians. These occurrences at Talambo, which were intentionally exaggerated, served as the pretext for the rupture which seemed to have been so long sought for, as the only mode for extorting concessions from Peru, in which she never would have acquiesced. By that time, the imposing squadron which Spain had prepared for that purpose, was already in the Pacific, having been sent to these waters under the false and deceitful garb of a scientific expedition. To prevent suspicion, the squadron proceeded at first to Cali 14 fornia, where it remained a short time. On its return, it touched at Acapulco, where Admiral Pinzon had an interview with Don Eusebio de Salazar y Mazarredo, who had just been in Peru incog. At Acapulco, it was agreed that Seflor Mazarredo should proceed to Spain in search of any title whatever, in order to act afterwards in conjunction with the Admiral. It is well known that Sr. Mlazarredo obtained the title of Special Commissioner (comiscrio) from the Government of II. C. M., and arrived in Lima on the ISth of March, 1864, after all the Spanish vessels, with the exception of the Covaclonca, had sailed for Valparaiso. What occurred subsequently is too well known. Senior Mazarredo announced his arrival to the Minister of Foreign Affairs, and afterwards presented his credentials. The Minister of Foreign Affairs then, on April 1st, addressed him an offlcial note, in which, without refusing to receive him, lie asked for an explanation as to the title of Commissioner. Two days passed without further communication. Suddenly, Senlor Alazarredo took passage in the Covadonga, leaving a collection of charges, some offensive and the others imaginary. Three days later, that is, on the 14th, the Covadongca joined the main portion of the squadron, and the two Agents of Spain proceeded to take possession of the Chincha Islands, striking the national flag and substituting therefor that of Spain, capturing one of the vessels of our fleet, and taking prisoners the Peruvian officials of the islands and vessel. Up to that time history had never furnished an example of a similar proceeding. The honor, dignity and rights, not only of Peru, but of all America, were outraged. The doctrine of revindication having been asserted, what could the American Republics expect, but the renewal of that colonial system which had weighed them down for three hundred years? The doings at Chincla Islands having been consummated in so violent and abrupt a manner, what security could America have that thenceforth in her the saving princi 15 ples of right and justice would be respected? The Diplomatic Corps, resident at Lima, with propriety, lost no time in formally declaring that they did not accept the right of revindication, which had been invoked for the occupation of the islands, and that they sincerely regretted that the Commissioner, and Chief of the squadron, had not adapted their proceedings to the requirements of international law. The Government of that day sincerely believed that that of Madrid would disapprove the acts of its agents, and render justice to Peru. That hope was, and could not fail to be, destroyed. The Spanish Government, for well known reasons, rejected the word revindication; but it approved and continued the occupation of the islands, alleging ex post facto other and more frivolous pretexts, by which new and greater injuries were done to Peru. The quarrel between the Republic and Spain then assumed, so to say, a decisive character, in consequence of the law of 9th September; and although the Government through the Miinister for Foreign Affairs, stated, in the circular of 1Gth October, that said law neither meant war at all hazards nor peace at all events, it added, nevertheless, that the law called for war for the recovery of our property and the punishment of the injuries done to the national honor, so soon as the Executive Power should have completed all necessary preparations, which would be pushed forward with the greatest dispatch until completion; and that it required that peace should be accepted, whenever the same was proposed on honorable conditions, either before or after the commencement of hostilities. The American Congress, as is well known, intervened in the affair, and even took it in charge; but before reaching any definite result, the Government made haste to resume it, and instead of waiting for peace to be offered, according to the solemn engagement which it had entered into, the Government sent an .16 agent to sue for peace. And the peace thus sought for by injured Peru, must necessarily have been dishonorable to her, for the very act of begging for it, amounted to a renunciation of her honor and most sacred rights, and at same time to a public confession of her weakness. After sundry conferences, which lasted for twenty days, the Peruvian Plenipotentiary returned to Lima, bringing two proposed treaties which had been delivered to him, confidentially, by the Spanish Plenipotentiary, one of which was almost identical to that which was afterwards signed on the 27tlh of January. But the Peruvian Plenipotentiary at once announced that negotiations had been broken off and brought to a close; and such must have been the case, since, but a few hours after his arrival at Callao, the Spanish vessels were anchoring in that Bay, and Admiral Pareja was addressing an ultimatum in which the term of forty-eight hours was fixed within which an answer must be given. The efforts then made by the Government of Lima, to obtain authority from Congress to re-open a negotiation, which was considered as definitely closed, are only too notorious. Finally, it was re-opened, aud the result thereof was the adoption, as a Treaty, of one of those proposals, which had before appeared as rejected, with no other difference than that of levying from Peru a heavy war tax. Without doubt, it was necessary, in order to silence the legitimate demands of the nation, that either of said proposed treaties should be accepted, not in consequence of its being the free will of the aggrieved party, but as the result of an ultimatumz, in order that, under any circumstance, it might be said that they had yielded to superior force. The Treaty of 27th January having been signed by the Pleni. potentiaries, the Government of ex-General Pezet lost no time in approving it, and in compliance with the provisions of the Constitution, laid it before Congress in order that they too might 17 approve the same, an indispensable condition before it could be ratified. The Treaty was referred to the appropriate diplomatic committee, which, being divided in opinion, presented two reports, for the majority and the minority. Thus did this matter remain, on occount of the adjournment of Congress; but the Executive Power, of his own will, and by himself, ratified the treaty, and made haste to fulfill all its conditions. The Spanish flag was saluted simultaneously with that of Peru, as though the insult had been mutual. But it must be noted that the salute, upon which the honor of Peru most espe. cially depended, was not stipulated for in the Treaty, but in the protocol, a document unauthorized in matters of such great importance, and which is nothing more than a compendium of the conferences held by the negotiators, and which is not even signed by them, but by their secretaries. To the Peruvian nation, the salute given at Callao, on the 2d of February, was but an idle ceremony, without legal significa. tion; it was, as stated in the protocol, a simple demonstration of contentment; and, therefore, it is not, and never was, any satisfaction for the insult offered to our flag, which insult, for the same reason, still remains unavenged. The Government of ex General Pezet then proceeded to pay the three million hard dollars, levied upon Peru as a war tax. Bills upon London were drawn, for the value of six hundred thousand pounds sterling (~600,000), at three, six and nine months; but so great was the desire to gratify Spain, that the three payments were all made at the expiration of the shortest temn. At a later period, the Spanish Government, not willing to abate any of its demands against Peru, claimed tlhe difference between the value of Spanish hard dollars and pounds sterling, and the Government of Lima paid that charge with the heavy 3 18 sum of one hundred and sixty-one thousand nine hundred dollars ($161,900). The Cabinet at Lima also lost no time in sending a Minister Plenipotentiary to Spain, which appointment was compulsory by one of the conditions of the treaty. His especial misssion was to negotiate a new treaty, in which the so much desired settlement of the so-called Spanish debt was to be effected; and although in the agreement of 27th January there were certain conditions, which were considered as so many guarantees in favor of Peru, no one could be so blind as not to see that they were merely illusory, destined to vanish very quickly, as has been proved by the result of the conferences held in Madrid between the Peruvian negotiator and the Spanish Minister of State. Peru was also compelled to receive a Special Commissioner from the Government of Madrid, and in accepting and subscribing to such a condition, the Cabinet at Lima abdicated, in favor of Spain, the sovereignty and dignity of the Republic. The consequences of a treaty which acknowledged and exalted the most exorbitant pretensions of Spain over the humiliation of Peru, must necessarily have made themselves felt immediately. Spanish arrogance manifested itself from the very moment when sailors of their squadron landed upon our shores, and the result thereof was the lamentable occurrences of February 5th, at Lima and in Callao. The aggressors were the Spaniards, who passed through the streets, insulting peacehnle citizens' using their daggers to chastise such as had not sufficie:it sang-froid to bear their insults. The first victims were defenceless Peruvians, and if the people generally then prepared themselves to protect their fellow-countrymen, it could not be denied that the provocation was given by the Spaniards, nor was it just that the responsibility for those unfortunate events should be made to fall upon any but the latter, 19 Notwithstanding this, the Government of ex-General Pezet, in answer to the distorted and unjust complaints of Admiral Pareja, had not sufficient energy to impute the blame to the true creators of the disturbance; but rather allowed the censure to rest upon Peru, and carried their condescension so far as to grant an allowance to the family of the Spanish sailor who had paid with his life for those which he had sacrificed, and also recognized the caims for damages presented by certain Spaniards, who alleged that their interests had suffered. The incidents of the 5th of February might, if looked upon in another light, be considered as the first protest of the Peruvian people against the compact whereby the honor of the Republic had been so miserably sacrificed and its treasures so shamefully wasted. That protest was registered in the conscience of the whole nation, and for which there were two powerful reasols: the first, the substance of the treaty itself; and the second, the entire lack of all the formalities required by the Constitution then in, force, in order to make the compact valid as a law of the nation. The last point is of greatest importance, because from thence unquestionably proceeds the nation's right not to recognize a treaty which it has been sought to force upon them, by openly disregarding indispensable formalities; and, therefore, it will be well to carefully examine it, although in so doing, we may find it necessary to refer again to matters already noted. It is well known that, in consequence of the treaty made, and its improper ratification, a revolutionary movement was commenced on the 28th of February, at Arequipa, which soon became so general that it left no other territory to ex-General Pezet than that embraced in the cities of Lima and Callao, which were held down by a powerful and imposing army. The principal object of that revolution was to protest, as in fact it did protest, against that treaty which the nation had qualified 20 as a stain upon its honor, and which, in the opinion of the same nation, subjects all who took part in it, to the penalties imposed by the laws on all who betray their country. The Government, offspring of this revolution, cannot accept it. To do so, would be to fail in its most solemn duties, thwarting the most legitimate demands of the public, and, by such unjustifiable conduct, it would affix the seal to the national disgrace, Nor is it sound argument to assert, that the treaty of 27th January should be considered as an accomplished fact, and, therefore, beyond all discussion, for this would be dangerous, The simultaneous salute of the two flags, the relinquishment of the islands, and the payment of three million hard dollars, do not, in the estimation of the Peruvian nation, nor of the Government, amount to the legal ratification of the treaty. Of little consequence is it to Peru, that she has seen herself obliged to disburse a heavy sum of money as ransom for the grave injuries she had received: before this question of fact, and although it may impose a heavy burden upon the Treasury, stands the question of right; and, upon this ground, none can doubt the justice of Peru. The Treaty of 27th January could only be considered as binding upon the nation, could only be deemed as good in law, were it clothed with all the formalities which the Constitution of the country, in force at the time it was made, prescribed for all similar covenants. To the Executive Power it belonged to manage the foreign affairs, and to make treaties, inserting in them the express condition that they should be submitted to Congress for approval. Up to this point, the powers of the Executive, relative to the making of treaties, were, so to say, unlimited, and he might exercise them freely and fully. But the mere negotiation of a treaty is not sufficient to make it a contract mutually binding; a subsequent act, that of ratification, is needed to stamp it with that character. In certain countries, the power 1 of ratification is unconditionally vested exclusively in the Chief charged with the Executive power; in others, certain distinctions are made in the different international covenants, some of which are subject to fixed restrictions; and there are others, finally, in which all treaties, without distinction, are subject to such restrictions. Spain, for example, is of the second class named, and Peru of the third. The present Constitution of the Spanish Monarchy provides thbt the ratification of all treaties of alliance, commerce and subsidies, must be preceded by permission or authority of the " Cortes." Therefore, without it, the King cannot ratify any treaty relating to those matters; and a ratification without that indispensable requisite would be null and void, beyond the possil bility of a doubt, and any treaty thus ratified would ill no way bind the Spanish nation-nor would there be any right to de. mand from her the fulfillment of any covenant in which there had been a violation of the forms established by the fundamental code of the monarchy. In Peru, no distinction of any kind was made. The provision of the Constitution already referred to (Art. 94, section 11,) ren. dered it obligatory, as has been seen, upon the Executive Power to insert, in every Ireaty which he might make, the express con. dition that it should be submitted to Congress for approval, The law positively makes no distinction; the duty was general, and was to be performed, whatever might be the character, limits or importance of the international covenant. But the Peruvian Constitution was not satisfied with this, and in another special provision (Art. 59, section 16,) it sets down as a general, peremptory and incontrovertible principle, that it was the attribute of Congress to approve or disapprove all treaties of peace, covenants, or otler conventions entered into with foreign Governments. Nor was it customary to make any distinction here, and there is not a single international agreement, whatever may 22 be the name given to it, which was not made subject to that constitutional principle. That celebrated in the Bay of Callao, on the 27th of January, cannot be considered as an exception to the rule. It is a treaty of peace and friendship, and that is enough to forbid its ratification without the approval of Congress. Thus did the Peruvian Plenipotentiary understand it when, on remitting a copy of the treaty, he said, in his official note of 28th of same month, that he should consider himself more than repaid for his weak, though loyal and persevering, efforts, if the treaty should be as well thought of by the Government as by himself, and if Congress should be pleased to approve it. And the Government itself understood it in like manner, since it pre. sented the treaty to Congress for approval. In an official communication of 30th January, the then Minis. ter of Foreign Affairs informed the Secretaries of Congress that the treaty of peace and friendship, whereby the quarrel between Peru and Spain was terminated, had been signed by the respective Plenipotentiaries, and that His Excellency had directed that it should at once be submitted to Congress for approval. And in a second official note of same date, which was subscribed (" rubricada ") by the President, the Minister of Foreign Affairs said to the Secretaries as follows: "I-I. E. the President of the Republic, with the unanimous consent of the Council of Ministers, has approved the accom" panying treaty, and, in consequence thereof, has directed that "it be submitted to the National Representatives, in order that'they may exercise the 16th attribute conferred by Article 59 of " Constitution." The Minister personally presented himself to Congress, in company with his colleagues, as he had promised in his first note, 23 and there delivered the treaty. This, as has already been said, was referred to a committee, who made two reports; but the discussion thereof was not even commenced as the term of the legislative session came to an end. The original treaty, therefore, remained on the Congressional table, from which it could not thenceforth be removed but by virtue of a resolution to that effect, adopted by said Congress; and, as has been seen, no such resolution could be passed, as that body closed its labors on the Ist of February. If Government required such a prompt ratification of the treaty, it should have immediately convoked Congress, that, in extra sessions, so grave a matter might be taken into consideration. According to the provisions of the Constitution, the indispensable and imperative duty of the Government was thus to act; and no considerations of any kind, however urgent they may have been in their eyes, could authorize them to disregard the restrictions of the Constitution. Notwitstanding this, there suddenly appeared a decree, dated in Callao, on the 2d of February, by which it was ordered to proceed with the ratification; and this was one of the most ostensible acts of a Government which had already secretly infringed the Constitution of the State, and which afterwards trampled it under foot in the most scandalous and barefaced manner. The reasons which induced the Government to adopt so arbitrary a proceeding are stated in the preamble of the decree, and are but puerile sophisms, which cannot bear the slightest examination. It is alleged, in the first place, that the Government had already given its approbation to the treaty, because it had been made in accordance with the instructions given to the Plenipotentiary, Where did the Government derive any authority to approve a treaty of peace, in order to found thereupon the right to ratify it? The Constitution conferred no such authority on the Gov. 24: ernment, but upon Congress, and the first could arrogate to itself no such power without violating the Constitution, nor without committing a palpable usurpation of constitutional prerogatives. The decree then goes on and says, that the Executive Power had solicited Congressional approval for the sole purpose of giving greater solemnity to the treaty. In view of the formal provisions of the Constitution the foregoing reason is simply a subterfuge. If the Constitution required, as an indispensable condition, that all treaties of peace and conventions of any kind inade with foreign governments, should first be approved by Congress, it is unquestionable that said approval was no vain and mere ceremony to be practised whenever it was wished to give greater solemnity to a treaty, but an essential and indispensable requisite, without which the international compact would not have the necessary strength and validity. Nor is it possible to admit, as was asserted by the Government of ex-General Pezet, in his decree, that the Treaty of 27th January did not require the Legislative approval, because some of the stipulations of the Treaty and Protocol, from their very nature, needed it not, and the others being intended to serve as a basis for a definite treaty, would have to be taken into consideration whenever the latter came before the National Congress. Such absurd logic was worthy only of men who had resolved to allow no impediment, not even the honor of their native country, to hinder them in their determination to force upon the Nation a treaty which it had indignantly rejected, so soon as the conditions were made public. Who ever authorized an essentially constitutional government to classify the nature of public treaties or of the stipulations of the same, in order to exempt them from some essential formality demanded by the Constitution itself? Could such Government establish a marked difference between the stipulations of a treaty and the treaty itself, or between one stipulation and another? The clauses of a treaty are integral parts thereof; without the first the second could not be; and since the National Constitution requires that all treaties, without any exception, shall be approved by Congress, it is evident that it refers to each and all of their conditions, and, for the same reason, in making no distinction with regard to the first, it can have made none in regard to the second. By the decree of February second, all the provisions of the Constitution relating to public treaties were completely undermined, and the Government arrogated to itself the monstrous power of interpreting our fundamental Charter, and the no less monstrous right of deciding as to what international stipulations did or did not require the Legislative sanction. Once fixed upon that platform, nothing miglht restrain the Government, and it found itself at liberty to dispose of the honor and interests of Peru, trampling down the barriers within whlich the ex* isting laws had confined its purely administrative powers. It has been necessary to enter into this discussion because the Government of ex-General Pezet, on the one lhand, and tlat of Spain, on the other, have found, in the doctrine asserted in tlhe decree of February second, a reason for thle obligations wlichl the former pretended to impose upon Peru, and for tile denancd of the second, tlat the treaty of 27th January, in its fullest aco3ptation, should be considered as binding for all tine, With such a doctrine has the Governnlent of ex-General Pczet sought to shield itself; before the eyes of tile world, fromn tlhe anatllella hirled against said Govermnent by Peru. It Was attempted to give tile greatest possible importance to the question of form, ill o:der that taking into consideration what wvas called popular excitenenlt, the foreign mind would be pecrsuaded tliat, whatever way tlhe treaty might be jmmdged, all the conditions had been complied with, ald that it had been linested with the character 4 26 of a perfect compact, which should in future be placed in the category of accomplished facts. To the Peruvian nation, even while the government of exGeneral Pezet still existed, it could not hold that character, since the approval was wanting of the only public power who could then give it. There being no approval by Congress, the ratification by Government of the 2d of February was improper, and accordingly it has no legal force, and the nation can neither recognize nor respect it. And let it not be said this question is one which exclusively affects the internal public law of a State, and the examination of which belongs to no other nation. When two Governments, in behalf of their respective countries, enter into any Convention, each ought to know the extent of the powers with which the other is invested by the fundamental Code of its country; and said knowledge is all the more natural, inasmuch as it is not to be presumed that any government or its negotiator, will be ignorant of the provisions of the Political Constitution of the nation with which it is about to treat. If, as has been seen, the Spanish Constitution requires, that before the King ratifies a commercial treaty, it must receive the Legislative sanction, could any government whatever, without displaying the most inexcusable ignorance, be satisfied merely with the royal ratification without the previous sanction above referred to? Would that government have any right to require frofl the Spanish nation the faithful fulfillment of any covenant which lacked so essential a formality? It is not lawful even in matters of private international law to disregard the laws of foreign countries. An engagement entered into in Peru would not be enforced in Spain, if not made in conformity with the laws of Peruj the country where such engagement was made; and should its enforcement be sought through the Spanish courts) the latter would of necessity have to examine, before anything 27 else, whether the requirements of the Peruvian laws had been duly observed. Therefore, neither the Spanish government had the right to consider a treaty as consummated, in the ratification of which several of the most positive provisions of our constitution had been violated, by the assumption on the part of the Peruvian government of powers which it did not possess; nor was the Peruvian nation bound to respect what to it was of no more im. portance than a mere proposition, lacking the necessary ap. proval, so indispensable in order to give to the treaty the force of law. If the ratification of 2d February was null and void, all that can result therefrom is, that the Treaty of 27th of Jan. uary still needs ratification, although some of the stipulations contained therein have already been substantially performed. To the present Provisional Government, invested with the fullest public powers, would it belong to ratify the Treaty; but it is manifest that it has never intended so to do, for it neither can, nor ought it, oppose the will of the people and its own convictions regarding this affair. To the whole of Peru and to the Government which at present controls her destinies, the treaty of 27th January is a stigma of dishonor and ignominy, which could only have been subscribed to by a government which neither understood the extent of its duties, nor what was due to the Nation's dignity, nor to itself. As the treaty of 27th January never existed for the Revolu. tion nor for its offspring, the actual Government, it is evident that none of the consequences thereof should be accepted, at least such as have not yet been fully realized; Peru reserving all her rights to claim satisfaction for those which have been realized. By the treaty, Peru was bound to send a Minister Plenipotentiary to Spain, who was accordingly sent, and it was the duty of the Provisional Government to order as it has ordered, said minister to desist from his official duties, 28 and to withdraw from Madrid without formality of any kind. The Nation was bound to enter into a new Treaty for the definite adjustment of a fabulous and imaginary debt, the negotiation of whichl has been broken off by the Provisional Government, and the resnlt of whielh would undoubtedly have been the bankruptcy of tlh Public Treasury. Show as also bound to receive a Special Commissioner, (comisario) who was afterwards entrusted with anotllhe diplomlatie character, and the Provisional Government has not tllaouglt proper to establisll any relations with that agent. Tlle Spanish government, which, thanks to tlio weakness and contemptible condescension of the Government at Lima, lhad secured its most extravagant pretensions, had not sufficient magnanitnity to waive any of the rights which it had gained. She desired that all, even the most insignificant of them, should be strictly complied witli, and lost no time in namingt a Speoial Comrnissioner in order to add more and more to tie humiliation of Peru, inasmuch as said unusual title had been the occasion of the dispute in 1864. To the shame of Peru, the Commissioner was received by tle Cabinot of Lima, without comment of any sort, without, at least, saying that he was received in view of the explanations contained in Article 3d of the Treaty of 2Tth of January. Serior Albistur, who had received said appointment, was in Lirna in thle double capacity of Special Commissioner of the government at AMadrid, and of Envoy-Extraordinary, and Minister Plenipotentiary of II. C. M. To have recognized him in any way. after the triumph of the revolution, would have been an acknowledgment by implication of the Treaty of 27th January, since it is patent to all that without the prior existence of that Treaty, the Minister-Commissioner would not have presented himself in Peru. The attitude to be taken by the revolutionary Government towards the Spanish agent was, therefore, perfectly clear; and said Government confidently believes that in this 29 matter it has acted in strict conformity with the justice of the Peruvian cause, and with the unanimous will of the people. But supposing that it were right that the Peruvian Government should draw a veil over the past, and entirely ignore what has been pretended should be called accomplished facts; supposing that the Treaty of 27th January were not, in the nation's eyes, a standing monument of her dishonor and disgrace; and, finally, supposing that Peru habvig revindicated her riglts, so miserably trodden under foot by a disloyal Government, had no' to demand redress from Spain for the grave injuries received at her hands; in no case could Peru disregard two transcendental questions which now present themselves, rendering imminent te dangers at nt resent treatening Peru, and which are but the forerunners of the unhappy future to which it is wished to condemn her. These questions are those relative to the new pretensions of Spain against Peru, and to the hostilities of which the Republic of Chili is the victim. In accordance with the stipulations of Articles 4 and 5 of the Treaty of 27th January, the Government of ex.General Pezet at once sent a diplomatic agent to Madrid for the purpose of negc. tiating a treaty, the principal object of which was to fix the amount of an immense debt, to which Spain thinks she las a riglht. During the course of said negotiation, the Spanish Government lhas omitted no opportunity to let the Peruvian agent clearly understand its firm intention to force the most humili. ating and onerous conditions upon Peru. The Spanish Minister of State has not hesitated to declare: 1st, that in the opinion of the actual Cabinet, the preliminary treaty deserved the severest censure, as not meeting the just demands of Spain; that the course of his predecessor, Senor Pacheco, deserved like censure; and that Admiral Pareja, for relinquishing the Chincha Islands, was not less worthy of like blame; 2d, that the right of revindication exists against Peru, so long as Spain shall not form so80 ally recognize her independence-since, in the judgment of the Government of Madrid, the treaty of 27th January did not amount to such recognition. As to the exactions of Spain, behold the chief points: 1st. The compulsory insertion, in the treaty, of a clause whereby the actual Queen of Spain, by virtue of the authority conferred upon her by a decree of the Cortes, renounces the sovereignty, rights and powers belonging to her over the ancient Viceroyship (now Republic) of Peru. 2d. Selection of the treaty entered into between Spain and Bolivia, as the model of that to be made with Peru, 3d. Obligation on the part of Peru to pay " all that was " against the Treasury of the ancient Viceroyalty of Peru, bur"thening the branches of the Tribunal of Commerce, Central "Treasury, Tobacco revenue, Mint and' caja de consolidacion,' "as also all sums credited against said Treasury for pensions, " salaries, supplies, advances, forced loans, deposits, or FOR ANY' OTIER ACCOUNT, always provided that they originated from the " direct orders of the Spanish Government, or of its offcials in " Spain, and in the territory now the Republic of Peru, UP To'THE DAY ON WHICHI IT WAS EVACUATED BY THE LATTER, IN "1824." And said debt was to be entitled to the interest and privileges now granted, or that might hereafter be granted, to the most favored debt of the Republic. And to all this it was added, that no time was to be fixed for the presentation of claims. A conqueror fresh from victory would have blushed to impose such terms upon a vanquished people. The Spanish Government, with unjustifiable arrogance, demanded them from a nation as sovereign and independent as Spain herself, and pro 31 sented them as a new and humiliating ultimatum, to a Government which, to satisfy her, had already hesitated not to prove false to her most sacred duties, and by its imprudent and weak proceedings had provoked the resistance and insurrection enmasse of the nation over which it presided. By serving Spain, by seeking to please her, and by yielding to whatever she exacted, the Government of ex-General Pezet all at once found itself on the borders of an abyss, in which it was finally precipitated; and, meanwhile, the Spanish Government had not the slightest consideration for that of Peru, and, both in the substance and form of its demands, it boasted of treating the PeruVian Government not only with severity and injustice, but even with contempt. The Spanish Minister of State tenaciously refused to allow the most indispensable delays, and to the Peruviani Envoy's observations as to want of instructions relative to points as strange as they were unforeseen, and as to the existence of a threatening Spanish squadron in the waters of Peru, he answered decidedly, that a mere consultation with the Government at Lima would, of itself, be considered as a breaking of the treaty of 27th January; and that the presence of the squadron in Peru was indispensable to insure the realization of the new treaty; and that any delay in making the same would but prove injurious to Peru, because, in the meantime, all expenses incur. red by Spain in her squadron would be charged to Peru. If in the men who formed the Government of Lima, prior to the 6th of November, there existed, as must be supposed, a spark, however feeble, of patriotism, it is to be presumed they would have rejected the extravagant pretensions of the Spanish Government; but as the latter would, it cannot be doubted, have persisted in its purposes, what other end could have been reached but war between Spain and Peru, even if the same Government had continued presiding over the latter, which, to please Spain, had proved false to the Republic's trust Assuredly the Spanish Government understood it thus; and to make the blow surer-now that the state of affairs which existed prior to the 27th of January, prior to the relinquishment of the Chincha Islands, and prior to the retraction of the word "revindication," was about to return, said Government took its measures and adopted a mode of depriving Peru of the allies which, from the very nature of things and events, she would naturally have in her new struggle. Here we have the true origin of the Chili-Spanish question. It is, moreover, evident that said question is but a result of that Which Spain raised with Peru, and which Spain herself believed definitely ended by the treaty of 2 th January. Admiral Pareja, who signed that treaty, is the very one who commenced hostilities against the Chilian Nation, although in the aforementioned treaty, in speaking of the Government of Santiago, he had called it thefriend of Spain and of Perl. This is not the place for a minute examination of all that hag occurred in Chile since Seinor Tavira presented his remonstrances, until, in his official communication of 20th May, he formally declared that the sentiments which had animated the Government of Chile, and the explanations so clearly given by its Mink ister of Foreign Affairs) removed all causes of complaint entertained by the Spanish Government; neither is it necessary to refer here to the manner in which the Spanish Admiral endeavored to enforce the haughty and unjust pretensions of tile Cabinet of Madrid, nor to the very noble and eminently patriotic and American way in Which the Santiiago Government and Chilian ration have repelled the violent Spanish tggres'aon, ll this is to be folind in the very clear and able documents issued by the Chilian Foreign Office —which documents tlle Provisional Governnient of Peru, foi its part, hereby accepts in all their extetit Arid should it be thought tlat the judgments of the Santiago and Lilia Cabinets are not impartial, it would 33 suffice for them to invoke the testimony of the tIonorable Diplomatic Corps resident in the Capital of Chile, whose authorized declaration of 22d September, 1865, cannot leave the slightest doubt as to the temerity with which Spain, relying upon the forces which she hlas collected in the Pacific, proposes to introduce into America an International Law sui yeneris, which wvill enable her, through the humiliation and destruction of these Republics, to recover in them the predominance which she lost forever in the glorious and heroic war of Independence. Peru must, of necessity, consider the Hispano-Chilian question as her's because of its origin-and neither would its tendencies permit her to hold aloof. Even if Peru had no affronts to resent nor stains on its honor to efface, she would always have been found by the side of Chile, because her duty as a sister nation would have required it; for it is not alone the private interests of a Republic which are at stake, but the political, moral and material interests of those of all Amnerica: their institutions, their dearest and most sacred principles, and, finally, their very existence as sovereign, fiee and independent States. If the offuscation of the Government which existed in Lima, prior to the 6th of November, prevented it from recognizing these truths3 they Were, nevertheless, as clear and self-evident to the entire ration as they are to the Provisional Government, NKot only from duty, but also from self-interest, was it obligatory upon Peru to enter into a close union with Chile and to make common cause with her; and the Provisional Government confi^ dently hopes that the other nations of America, being threatened with the same evils, will take part in an alliance the object of which is to protect the honor, dignity and independence of them all. Nor is this all that the Republics of America should propose to do. It is not enough to free ourselves from the actual dan: 5 34: ger: it is also necessary and indispensable to obtain solid and effectual guarantees for the future. The nations of America should secure the certainty that the scandalous proceedings with which Spain has, for the last four years, been attracting the attention of the world, shall never be repeated. It is necessary that Spain should once for all learn, that if there be a universal law of nations, the precepts thereof apply to her, and that she may not violate them with impunity. Spain has no colonies in the Pacific, nor is her commerce in these seas very extensive-and yet she gathers a naval force such as was never collected in them by the most powerful maritime nations. Without territories to defend, nor rights of sufflcient importance to require such incommensurable protection — what other aim can Spain have, than the subjugation of Independent States, once her colonies, and which she lost, more than for any other reason, on account of her maladministration? Without such gurantees the Republics of America could put no faith in any statements or promises made, in behalf of Spain or her Government, by her agents, and perchance not even in what might be said or promised by the Government itself, In its name, Admiral Pinzon and Commissioner Mazarredo took violent possession of the Chincha Islands, upon the ground of the doctrine of revindication. The Government, at that time, in office in Madrid, disavowed the word revindication, but sustained the fact of the occupation, undeterred by the palpable inconsistency of its course. A subsequent Cabinet now censures the very withdrawal of that word. In the name of his Government, Admiral Pareja entered into a treaty with the Government of Peru, and the actual Government at Madrid does not hesitate to proclaim that, if it accepts the same, it is only because it considers that, for Spain, it is a consummated fact, but nevertheless reserves to itself the right of interpreting the treaty at its pleasire. In the name of his Governihent, the same Ad. 35 miral Pareja gave up the Chincha Islands, and Her Catholic Majesty's Minister of State makes the disapprobation due to such an act no secret, revealing that, on the first favorable op' portunity, the Spanish forces would again take possession of the islands. In the name of his Government, the Spanish agent at Santiago acts and declares himself satisfied with the explana. tions given by the Chilian Government, and the Spanish Government) quick in taking advantage only of what may be in its favor, disavows the settlement and visits upon the Republic of Chile the fault, if any there was, of its own agent, Most assuredly it is not thus that a self-respecting Government proceeds, nor is it supposable that solid relations between nations can be established upon so unreliable a foundation, The past conduct of the Spanish Government would, undoubtedly, warrant the Governments of America in demanding that the diplomatic agents of H. C. M, should exhibit their instructions, in order that they might satisfy themselves that, in any arrangements which might be made by said agents, they had not exceeded their powers; and perhaps it might also be required that the Spanish agent should give sufficient guarantees, that what was done by him in Lima, Santiago or Bogota would not be disapproved in Madrid. Such absurd, though irresistible consequences, are truly inadmissible; but they clearly reveal that Spain, by her imprudent and fool-hardy policy, and by her tendencies to unworthy and shameful extortion, has forever alienated from herself the sympathies of the American continent; that between the latter and Spain there lies an unfathomable abyss,-and that it will be possible to re-establish relations between the two, only when Spain shall have given full satisfaction for her misdeeds in the past, and her offences of the present, and ample guarantees that in the future she will be just, prudent and discreet. The Peruvian nation fully understands that in entering into 36 a new conflict with Spain, she imposes upon herself sacrifices all the more heavy, because they come after those, which without stint have jnst been made to overthrow a Government by which she had been betrayed, and also after that same Government had omitted nothing to cause the ruin of the country, and to leave its Treasury almost bankrupt; but she also knows that those sacrifices are indispensable, and will make them cheerfully, never counting the cost, in defence of her own rights and of the rights of America. As to the Provisional Government, it is sustained by the profound conviction that in the course it has adopted, it has faith. fully interpreted the will of the people of Peru, as manifested in the most solemn, explicit and unanimous manner. In that people still reigns the profound emotion occasioned by the receipt of the intelligence of the outrage, committed by the Spanish fleet on the 14th of April, and if at that time, all contended for the privilege of offering their fortunes and their lives on the altar of their country; if, since then, they have proved those offers were not made in vain, by the lives and fortunes which have been sacrificed to hurl from power the Government which had wandered from the path marked by the Nation's honor; now, that the danger to Peru, and to all America, presents itself anew in gigantic proportions, the Peruvian people will show that their patriotic ardor and just indignation are no less profound, and that, in any case, they prefer a thousand times to fall with honor, than to see the lustre of the flags of America tarnished, or that the sacred and tutelar principles invoked by America, when it threw off the yoke of the mother country, should be questioned. The Peruvian nation is consistent in its purposes and convictions. It overturned the government which had interposed itself between her and Spain; now she finds herself face to face with the latter, to revindicate her honor at the same time that, as one of the American family, she filfills the sacred and imperative duty of assisting a sister nation, the victim of offences and outrages similar to those which she herself has suffered, The Government feels persuaded that, in presence of so glorious a spectacle, and in view of a situation created by such scandalous despotism and such unheard of abuse of power, there lives not a single Peruvian, who will not feel his bosom glow with the life-giving flame of patriotism, and who will not be ready to sacrifice his all in defence of a cause, the justice of which already has the irrefutable testimony of the protection hitherto so pal. pably dispensed to it by Providence, Departmnent of Foreign Affairs, Lima 16tlh January, 1860, T. PACHECO, (No. 6,) DEPARTMENT OF FOREIGN AFFAIRS, Lima, January 17th, 1866, Circular to the Foreign Diplomnatic Corps resident in Lima, The undersigned, Secretary of Foreign Affairs, has the honor to remit to * % * * ~ * the Peruano Extra, which contains the treaty of alliance, offensive and defensive, entered into between Peru and Chile, and the decree by which the Re. public is declared to be in a state war with the Spanish Government, and also the " Exposition" of the reasons which have in duced the Government to make that declaration. The undersigned doubts not that the Government of Mr. * * * will do justice to the moderation with which Peru has acted, when placed under the absolute necessity of assuming a position which she has not created, but which she aecepts freely with all its consequences.,I E., the Supreme Chief, very 88 highly esteems the good opinion of all friendly governments, and he feels convinced that, in the war which the Government of Spain has sought in America, they will only see the unjust demands of Spain, and the firm determination of the latter to defend, together with her independence, dignity, and interests, those principles of international law which the Spanish Govern. ment has forgotten, and which being the most precious conquests of modern civilization, are the patrimony of all govern. nents and nations, The Government will take particular care, and at same time confidently expects, that the state of its relations with Spain will not affect in the slightest manner the harmony which so happily exists between Peru and * * * The undersigned avails himself of this new occasion to tender to Mr. * * * the assurances of his most distinguished consideration, and to subscribe himself his most attentive and obedient servant, (Signed) T. PACHECO. (No. 7.) Circular to the Ministers of Foreign Affairs of all friendly Nations, not represented by Diplomatic Agents in inima. LIMA, January 20th, 1866. The undersigned, Secretary of Foreign Affairs of Peru, has the honor to remit to His Excellency the Minister of Foreign Affairs of * * * * * the official gazette of the Republic, the Peruano, which contains the Treaty of alliance, offensive and defensive, entered into between Peru and Chile, and the decree which declares the Republic to be in a state of war with 39 the Spanish Government. He also forwards to H. E. the exposition of the motives which have actuated the Government of the undersigned in making said declaration. H. E. the Supreme Chief, feels the greatest interest in convincing all friendly governments that Peru, moderate, but self-re3pecting in her international conduct, on assuming a warlike attitude, does nothing' more than to freely accept a situation which has been created solely by the every day more extravagant pretensions of the Spanish Government. The unjustifiable occupation of the Chincha Islands, which was disapproved by all the Governments of the world, was also disapproved by the Spanish Government, since it declared that no instructions had been given for any such proceedings; but in palpable inconsistency therewith, the occupation was continued as the means whereby to press claims which became more and more exaggerated every day, Upon the pretext that the return of the islands had been contemplated by her agents; which offer had never been made by the Spanish Government, and which is proved to be false by the facts of the case, by the documents which have been made public, and by the very mouth of those agents; an indemnity of three million dollars was extorted from Peru. Subsequently it has been wished to force Peru into accepting a Treaty, wherein it is claimed that the Republic shall pay all the expenses of the War which the Spanish Government made against her, and all the obligations which, for its own benefit, the Government of the Peninsula had incurred in the old vice-royalty. The manner and conditions set forth for the payment of these fictitious obligations, would create a debt which even the renowned wealth of Peru could never meet, and would but serve to encourage Spain to renewed efforts in the despotic career which she ever aims to pursue in South America. The doctrine of "revindication' has been declared as existing, the pretension that Peru should 40 pay the expenses incurred by H. C. M.'s squadron while making hostile demonstrations against America have been announced, and on several occasions an intention has been manifested to interfere in the internal questions which have recently agitated Peru. Finally, upon pretexts which all Europe and America have rejected with indignation, the ports of Chile have been blockaded, in violation of the best known forms of international law. It is true that the Spanish Government makes daily protestations of moderation and disinterestedness, to which her deeds give the lie. At the bottom of that violent, disorderly and contradictory diplomacy, the only things clearly to be discerned are the old colonial tendencies of Spain, and her fixed resolve to huinilitate those free countries which were formerly her colonies; and this end it is proposed to accomplish, inasmuch as it cannot be done with the exhausted treasury of II. C, M.L, with the products of the Guano Islands belonging to Peru. It is necessary, therefore, that these designs of Spain should cease, and to attain this there is no other way than war. It is the only mode left to us by the Spanish Government, It is neces. sary that the difficult but happy progress of the American Republics, and their commercial relations with all other eivilized countries, should not be interrupted at every moment by the violent and capricious aggressions of the Spanish Government, When that Government shall be convinced by deeds, that America knows how to defend her rights, and that there can be no real, no enduring peace until she is free and respected; and When by its condict, said Government shall hate convinced America that it has no intention to wound her honor or injure her interests, peace will naturally follow, and then) and only then, will the true fruits thereof be attained. The Government of Perui has thought proper to make these explanations, because of her desire -to' convince all friendly 41 nations of the justice of her cause. She will ever take the greatest care to preserve intact the pleasant relations which so happily unite them; and at the same time trusts that the war in which she finds herself with Spain will in no way affect the kind friendship so happily existing between Peru and * * * * Animated by these sentiments, the undersigned makes haste to offer to H. E. the Minister for Foreign Affairs of *'' the assurances of the high and distinguished consideration with which he has the honor to subscribe himself H. E.'s most attentive and obedient servant, T. PACHEco. (No. 8.) LEGATION OF BOLIVIA. LIMA, January 19th, 1866. The undersigned Minister Plenipotentary of Bolivia, has the honor to acknowledge receipt of the much esteemed communication of I-1. E. Senor Pacheco, Secretary of Foreign Affairs of Peru, of the 17th inst., together with the important documents therein referred to, in relation to the offensive and defensive alliance entered into by and between Peru and Chile, and the state of war in which the Republic finds itself with the government of Spain. The undersigned, in remitting H. E.'s note and enclosures, by first mail, to the government of Bolivia, will call especial attention to the very clear and lucid " Exposition," in which H. E. maintains the strict right of Peru in assuming her present position. H. E. is well acquaiuted;with signal reasons in the antecedents 6 42 connected with the question which Peru and Chili are now obliged to defend, which will not permit him ot doubt of the very great interest which the people and government of Bolivia must feel therein. The undersigned has the honor to confirm the respect and esteem, with which he remains, H. E. Sefor Pacheco's most obedient servant. (Signed) J. DE LA CRuZ BENAVENTE. To H. E., the Secretary of Foreign Affairs, of Peru. (No. 9.) LEGATION OF-FRANCE IN PERU. LIMA, January 20th, 1866. I have received the note, in which Y. E. has done me the honor to enclose, together with an extra " Peruano'" which contains the Treaty of Alliance, offensive and defensive, entered into between Peru and Chile, and the decree declaring this Republic to be at war with the Government of Spain-an " Exposition" of the motives which have actuated the Government of Y. E., to make such declaration. I have read those documents with the liveliest and most painful interest. Entertaining a heart-felt sympathy for this country, where I have resided permanently for fifteen years, I cannot but profoundly deplore the situation in which it now finds itself, and offer the sincerest players that an immediate termination thereto may be attained, by the prompt restoration of cordial and enduring relations. 43 I may not, as Y E., Mr. Secretary of State, will understand, prejudge the sentiments with which the Emperor's Government will receive the documents annexed to your note, nor its opinion as to the events which have preceded and those which will, undoubtedly, follow them. Whatever these may be, I take part in its name, in the positive hope expressed by the Government of Y. E., that the existing state of your relations with Spain, will in no way affect the cordial agreement so happily existing between France and Peru. My Government will, also, with pleasure make known, and of that I feel persuaded, that, if unhappily and against all its prayers, the war should be prolonged for any length of time, the Government of Y. E. will, so far as may be consistent with your interests, continue acting with the moderation which Y. E. has marked out in your note and which moreover, so well corresponds with the character of the Peru vian Nation. Be pleased to accept the sentiments of high consideration, with which I have the honor to be, Mr. Minister, Your Excellency's most humble and Obed't servant, (Signed) E. Vrou. To 1H.E. Dr. T. PACHECO, Secretary of State in the Department of Foreign Affairs. 44: (No. 10.) BRITISH LEGATION, LIMA, January 20th, 1866. The undersigned, Charge d'Affaires and Consul General of H. B. M. in Peru, has the honor to acknowledge receipt of the note of H. E. the Peruvian Secretary of State in the Department of Foreign Affairs, bearing date the 17th instant, and accompanying it the "P eruano," which contains copies of the Treaty between Peru and Chile, of the decree declaring the Republic of Peru to be at war with the Government of Spain, and the manifest of the motives which have induced the Peruvian Government to make this declaration. The undersigned will transmit these documents to his Government by first opportunity, and will report to H. MI.'s Chief Secretary of State the high esteem in whiclh HI. E. the Supreme Chief holds the opinion of friendly Governments, and his conviction that they will recognize the justice of the present war. The undersigned joins in the sincere hope that the actual state of affairs with Spain will, in no way, affect the harmonious relations at present existing between Her Majesty's Government and that of Peru, and avails himself of the present occasion to renew to HI. E. the Secretary of State of Foreign Affairs tlh assurances of his highest consideration and respect. (Signed) JoiIN BARTON. To H. E. the Secretary of State for Foreign Affairs, of Peru. 45 (No. 11.) DEPARTMENT OF GOVERNMENT, POLICE AND PUBLIC WORKS. MARIANO IGNACIO PRADO, Supreme Provisional Chief of the Republic. Decree: ONLY ARTICLE. All foreigners who may serve on any Peruvian or Chilian war vessels, or on those of any power allied to Peru or Chile, whether belonging to the Navy or intended for privateers, shall be considered as naturalized Peruvians. In any of said cases naturalization is obtained by the simple fact of the acceptance of their services. The Secretary of State for the Department of Government is charged with the execution of this decree. Given at the Government HIouse in Lima, this 24th of January, 1866. MARIANO I. PRADO. J. M. QUIMPER. 46 (No. 12.) MARIANO IGNACIO PRADO, Supreme Provisional Chief of the Republic. Considering: That, the Republic being at present in a state of war with the Government of Spain, it is necessary to determine the condition of certain articles, which, although of legal commerce, may, under certain circumstances, be considered as contraband of war: Decree Only Article.-Coal and provisions, when intended for the use of Spanish war vessels, will be considered as contraband of war. The Secretary of State, for the Department of Foreign Affairs, is hereby charged with the execution of this Decree. Lima, February 9th, 1866. MARIANO I. PRADO. T. PACHECO.