De Long to the minister of foreign affairs, Lima, Peru, September 5, 1872

Mr. De Long to the minister of foreign affairs, Lima, Peru.

Sir: Since the date of my last advices to you the proceedings in the Kencho here have been concluded and a judgment rendered, a copy of which I send you. (Inclosure No. 1.)

After the rendition of this judgment the captain applied in writing to have his Chinese passengers returned to his vessel by these authorities, who had brought them ashore as witnesses. (Inclosure No. 2.)

To this request the Kencho replied, refusing the same, and admitting the holding of the Chinese in Japanese custody. (Inclosure No. 4.)

The captain then addressed me, soliciting my assistance. (Inclosure No. 4, bis.)

Upon receipt of this I addressed the foreign office of this government in his behalf, requesting to know if these proceedings had been had with the knowledge and consent of the Japanese government, if it approved the same, calling for a copy of the record of the action, that I might advise your government thereof, and further asking them to advise me as to the law or authority upon or under which these proceedings were taken.

To this note I received a reply certainly very equivocal in its nature, refusing to recognize my right to ask for such advices on behalf of your government, but advising me, as the representative of the United States, that the proceedings were authorized, and the judgment and subsequent proceedings affirmed by the central government; also granting my request for copies of the record of the court’s proceedings. (Inclosure No. 5.)

As their excellencies questioned my authority to be heard in this matter on your behalf, I replied, inclosing to them a copy of the dispatch received from the honorable the Secretary of State of the United States, directing me, as requested by your government, to act in this empire as Peruvian minister, and requesting their excellencies to recognize me as such or advise me of their reasons for refusing so to do. To this note I have not as yet received any reply.

I have thus far received from them a copy of the judgment, copy of the letter of H. B. M.’s chargé d’affaires in this empire, upon which these proceedings were based, (inclosure No. 5,) and copies of the ship’s papers, passports, &c., offered in evidence on the trial, (inclosure No. 8,) also the record of the testimony taken, but the latter I received too late to be able to furnish you with a copy of the same by this mail, but I will, forward it by the next with a copy of the reply of the foreign office to my unanswered note.

Trusting to your excellency’s approval of my action, I have, &c.,