Hovey to His Excellency, September 13, 1870

Mr. Alvin P. Hovey to Señor Loayza.

Sir: I had the honor of receiving your very kind dispatch in reply to my note today. I deeply regret that I am compelled to differ from the conclusions at which your excellency has arrived. At the time of the appointment of Colonel Farrand as hearer of dispatches, I knew nothing of any attempt to hinder or prevent him from hearing the dispatches of this legation to my Government at Washington, nor was such known to Colonel Farrand, nor did any such cause exist at that time. Such being the case, I had full power to appoint him, as I might have appointed any citizen of Peru, the servant of my Government, and from the hour of that appointment, the mantle of my Government covered him not only from civil liability but from liability for crime within the jurisdiction of Peru. The law of nations is too clear upon this point to need citation. Unless governments are untrammeled in the selection of their agents, haw, may I ask, would it be possible to send dispatches when they might be detained by the government of the country where the legation is established?

Far be it from me, on the eve of my departure from this hospitable country, to throw the least obstacle in the pathway we have traveled so harmoniously together, for in every act, aspiration, and wish of my heart I have proved that I have been the true friend of Peru.

It is not the question as to who is to be the bearer of my dispatches; that, personally is an unimportant matter; but it is not unimportant that diplomatic privileges should be ignored.

Colonel Farrand is authorized to proceed to-morrow with his dispatches to the United States. I judge not of the controversy between himself and his contestants; I simply respectfully insist upon my diplomatic rights, and the rights of the emyloyés of the legation being respected and maintained, and shall with the greatest kindness to your excellency’s country, follow this same course, and would in Peru’s behalf defend the same principles to the last

I have the honor, &c.,