John A. Logan to Frelinghuysen, June 25, 1883

No. 55. Mr. Logan to Mr. Frelinghuysen.

Sir: I beg leave to call your attention to the case of certain American merchants in Lima, and in order that you may have a full understanding of it I inclose documents marked Nos. 1, 2, 3, and 4. The last of these, being my own communication to the persons named, will convey to you the point I desire more particularly to bring to your notice.

As to the merits of the case itself I am not prepared at this time to form a judgment, the whole facts of the decree complained of not being entirely clear to me. I waited upon the minister of foreign relations in an informal way with the express purpose of learning the reasons upon which the decree was based. The minister had no knowledge of it, as General Lynch is vested with full power to manage military affairs in Peru. He assured me that the latter could not have done any act not susceptible of the fullest justification; but when I pressed him for an investigation he courteously informed me that unless I could say that I had received direct authorization from my Government to represent my countrymen domiciled in Peru, in this matter, he did not feel at liberty to establish a precedent which might cause his Government infinite annoyance from other foreign representatives.

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If upon an examination of the inclosed papers you desire me to press the case of the Lima merchants signing the complaint, all of whom I presume to be American citizens, I shall take pleasure in doing so upon receipt of your instruction to that effect.

I have, &c.,

Protest of Davis Brothers and others, of Lima.

Hon. C. A. Logan, &c., &c., &c.:

Sir: The undersigned, American citizens doing business in Peru, beg respectfully to call your attention to the inclosed decree of General Lynch.

The undersigned have already paid their patente or industrial tax for the present year according to classification made by the authorities of Chili, and in virtue of said payment are entitled to carry on their usual business during the said year.

The decree in question, issued after said payment was made, therefore annuls what in good faith we have already paid to do, and therefore is evidently illegal and unjust.

Moreover, according to Chilian usage, the consignatarios or importadores are those who receive vessels consigned directly to them, and who sign manifestos por mayor in the custom house. These importers are divided into two classes, who pay, respectively, $2,000 and $500. Under Peruvian law no distinction is made between a consignee of vessels and a consignee of merchandise, but importers are divided into four classes, which admitted of small importers like ourselves paying a tax proportional to the amount of their capital and business.

If the present decree be carried out we shall pay neither according to Chilian nor Peruvian usage; we therefore respectfully submit to your consideration our contention that we have the right during the present year to continue our usual business in virtue of the industrial tax already paid by us, without any further payment on our part, and in future we have the same right to be taxed according to the laws and customs of either Chili or Peru, and not according to arbitrary measures.

We therefore earnestly request that you will present our just claim to the Government of Chili, to have the said decree of General Lynch modified according to right and justice.

Very respectfully,

[Signatures of Davis Brothers and fifteen other American merchants of Lima.]

Decree of General Lynch.

No. 2914.

Whereas, according to Article I of the decree of the general headquarters, under date of the 26th of November, 1881, it is essential to satisfy the conditions of the license law therein established, referring to the exercise of any profession or industry in the Peruvian territory occupied by the forces under my command, I have

Established and decreed that—

From the first of August of this year foreign merchandise can be imported only through the custom-houses subject “to these general headquarters, and which have satisfied the condition of the tax upon importing and commission houses for foreign goods.

In the execution of this decree the ports of Chili shall not be considered as foreign ports.

Note.—Communicate and publish.