The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-15

to throw doubt upon the true rela-
to bis Government. In view Of these circun-
stances, and in view of the fact, which IS en-
tirely familiar to the Court and to my learned
friend, that these privileges accorded 70 the
Government which sends its representative here
"a privilege which the Government has IN Its
representaGive-that be shall not be arrested or
subjected to the laws OF the country to which
he is sent; In view Of this general principle
advised MIR. McXenna that it was his duty to
put forward this privilege, and l thought
this the proper course, as | deemed II ms duty
10 his Government, when was entlted TO
his services here, in the relation in which he
stood to us, free of all arrest and interference
by the processes of our courts OF law, and to
put forward his title and claim the privilege to
which saw he was entitled. 1t IS due to Mr..
McKenna ITO say-and know my learned friend
the District Attorney will excuse me for making
the statement-it is due to Mr.. McKenna that
| should say that from the moment he placed
the case in my hands, asserting his entire inno-
cence of any breach of the neutrality laws of this
Government, he insisted that he would place
himself on trial, and not permit any stain to
rest upon him, such as it might be supposed
would, il he permitted an indictment to repese
In our courts without submitting himself
to their jurisdiction. This was his pur-
pose from the first moment he pre-
sented hlmeelt to me, and l believe has been
from first to last his individual purpose. am
glad TO be able to say that circumstances have
occurred which make it proper in my judgment,
that Mr.. McKenna should waive the privilege
70 which he is entitled and put himself on trial,
as an individual ordinarily does in the courts Of
the country ] have in my possession, and / am
at liberty to say that have shown 1t to my
learned friend, the District Attorney, a letter
written by the Chilian Minister explanatory of
o telegram which came to the District Attorney
az an officer Of this court. propose, with your
Honor's permission, to read this letter. after
which will make suggestion which have no
doubt will meet with my learned friends ready
concurrence.
LETTER FROM THE CHILEAN MINISTER.
Mr. Stoughton also read the following letter.
New YORK, February II 1866.-MY Dear Sir:-As
1t may prove ol interest in the case of Mr. b. " Nc
Kenna, in which you are counsel, TO establish his
character as man OF honor and truth in its real
light, deem 1t my duty to state to you that for
warded him at the proper time the appointment of
Secretary of this Legato according TO instructions
as Mr.. Vicuna Mcken had not yet been officially
presented to the State Department, he was free to
assume decline that position. This circumstance
explains why the Hon. Secretary OF Stae informed
the District Attorney that Mr.. Mckenna was not
recorded as such secretary at the State Department,
and at the time places in its true light the tee-
pram hich sent to that 1unct onary, statng that
Mr.lMckenna may not be considered as secretary,
for which purpose 1 take pleasure in sending YOU
this communication. i have the honor to, your
f. 6. ASIA BURUAeA, Chilian Minister
Now, with this explanation and the reading of
these papers which have thought it due to the
position which Mr.. McKenna holds, and the
circumstances under which the proceedings in
this Court nave been instituted, I now, upon his
ceiving that he is justified in so doing in refer
ence TO his Government; and we are desrous of
pleading to the indictment at as early period
as the Court may indicate, and as may be desired
by my learned friend on the other eide Mr..
MacKenna would suffer any sacrifice rather than
in any manner implicate or prejudice his own
Government IN the eyes of this country, or in
the eyes of the world. At the same time he con-
siders it due to himself that he should vindicate
his innocence of this charge in the only way
which, by the laws Of this country, a man is per-
mltted to do. Therefore, may it please your
Honor, we are ready to plead to the indictment.
UNITED STATES DISTRICT ATTORNEYS REPLY.
& Mr.. Dckinson-Your Honor, the course which
the learned counsel proposes is entirely satisfac-
tory to us-the Government, on its part, making
the explanation OF its course. A series of these
questions arising out OF the conflict between the
Spanish and Chilian Governments were thrown
on the office of the United States District-Attor-
ney very suddenly and unpreparedlY. Under
these circumstances l had no opportunity to
communicate with the Department of State, or
with the President, and |, therefore, took
such measures as deemed due to the occasion
and due to the dignity of the Government which
l was permitted to represent in an humble
| way. Under my directions measures were at
once instituted in all these matters for the pre-
servatlon of the neutral laws of the country, and
| in justice to the Government, to the President,
and TO the Secretary of State, am very happy
| TO say that when the whole matter came to their
| knowledge at the very earliest moment there
| after ! received for a response that nv action
was commended by the President and the De-
| partment OF State, and the Government at Wash
| ingtoL was determined, under all circumstances
| whatsoever, 10 execute impartially and firmly
| and IN good taith the law, and insist on the OBJ.
servance OF the neutrality laws of the country.
Circumstances last week came to the knowledge
| OF the District Attorney that made it proper
| that Senior McKenna should be presented
| to the Grand Jury of the county His
| case was accordingly presented and the in
| dictment which is presented and now under con-
sideration was found. On the evening of the
| 9th instant believe Mr. McKenna was arrested
| by bench warrant issued from this Court on
| that indictment. Early on the morning of the
| 7th l learned from the Marshal that he had
| asserted a privilege as the Secretary of the
Chilian Legation. Up TO that time / had no
| knowledge or expectation. belief or suspicion,
| that he claimed any such relation. On the CON
| traTy, the relation in which we had found him
| was executing the matters of the Chilian Gov
| ernment as agent-special or confidential agent
| of the 9TH, however hearing that Mr. McKenna
had asserted such privilege, sent a despatch
| to the Slate Department to Secretary Seward
| inquiring somewhat in detail what relation he
really occupied to the Chilan Government, If
any.
The following is a copy OF the letter de-
spatched to the Secretary OF State:-
MIR. DIcKNsoN's LETTER TO THE SECRETARY OF
| STATE.
| [Offciall
FEBRUARY z, 1866 Hon w. H. Seward Secre.
tary oil state, Washington ID. q. C.:-Benjamin V.
Mckenna, who has signed rimself Confidential
Agent OF the republic Chill, IN, ,cOntracs made
with parties here to fit out torpedo boats in this DIS
trlct TO operate against vessels of the Spanish navy
has been ndIe,ed 6y the Grand Jury for violation Of
warrant issued for his arrest and he has been zen
into custody by the Marshal. McKenna intimates
by his connection wIlh the Chian Legation AT
Washington. Has he any such privilege, and have
| you any instructionsS Is McKenna recognized bv
| a IN fha TaUo