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United States Department of State / The executive documents of the House of Representatives for the first session of the fiftieth Congress. 1887-'88
(1887-1888)

Peru,   pp. 920-934 PDF (6.5 MB)


Page 920


                               PERU.
                               No. 556.
                       Mr. Buck to Mr. Bayard,
                               [Extract.]
 No. 138.]                LEGATION OF THE UNfTED STATE9,
                    Lima, August 12, 1886. (Received September 3.)
   SIR: On the 6th instant the House of Deputies by a vote of 44 to 33
 rejected article 1 of thejudicial bill, which proposed annulment of all
ap-
 pointments made in the department of the judiciary by the late council
 of ministers, while they approved without discussion annulment of all
 appointments made in the same department under the governments of
 Pierola and Iglesias from December 21, 1879, to December 2, 1885.
   Also a bill has been introduced in the Deputies to annul all.interior
 acts of the Pierola apd Iglesias governments. Were such a measure
 to pass, it would, I- apprehend, be construed here to reach with disin-
 tegrating touch contracts of the greatest importance heretofore entered
 into with foreigners, especially the railroad contracts by which the three
 most important railroads in Peru were placed under lease to Americans,
 and the Callao Muelle y Darsena contract.
   In advance of definite outcome in the direction of the proposed action
 of the Peruvian Government disregarding or annulling contract rights
 of American citizens in properties perhaps worth more than $100,000,000,
 which would in effect be confiscation, it seems desirable that I should
be
 advised in an instruction of the views of our Government.
   I make this suggestion in a spirit of that precaution which the im -
 portance of the interests involved may seem to require as "due vigi-
 lances"
       I have, etc.,
                                                 CHAs. W. Buck.
                                                 AUGUST 14, 1886.
   P. S.-Since writing the above, the House of Deputies have un ani-
mously adopted the report of a special committee appointed to investi-
gate the "1 Muelle y Darsena" contract, by which the approval of
Con-
gress is refused to the renewal made by the Iglesias Government, April
10, 1885, and it is declared null.
  It seems the abrogation will pass in the Senate also. The committee
claim that, as the original contract, made August 16, 1869, was approved
by Congress, the renewal should likewise be so approved; and, further,
that the contract was not only in violation of the laws of 11tb and 28th
of January, 1869, but also of articles 23 and 27 of the constitution of
of 1860, which articles were confessedly in'force under the Iglesias Gov-
ernment, but refers to the constitutional articles in connection with that
Government, without prejudice to the right of Congress to annul or
validate its acts.
     920


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