The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1891-12-18

correspondence, as well as its + to
make an investigation Of the affair with
Q view to determine whether there were
present any circumstances that could.
under such rules of duty as we had IN
d1cated, create an obligation upon the
United States. The temporary absence
OF q minister plenipotentiary at this.
capital has retarded the further cores
Eondence, but it is not doubted that q
friendly conclusion is attainable. Some
suggestions growing out of this unhappy
incident are worthy the attention of con
gress. It would, ! believe, be entirely
competent for congress to make offenses
against the treaty rights of foreigners
domlclled in the United States cogaiza-
Die IN the federal courts. This has not,
however, been done and the federal
officers and co%urts'haye no power insucll
cases to intervene either for the
or for the punishment Of
his slayers, 1t seems to me to follow in,
this state of law that the officers of the
state charged with the police and Judi
ial powers in such cases must, i'll the
consideration of international ques-
tons growings outo of such incidents, be
regarded In such sense as federal agents
as to make this government answerable
Tor their acts in cases where it would be
answerable if the United States had used
its constitutional power to define and
punish crimes against treaty rights.
Relations with Chill.
The civil war in Chill, which began
january last, was continued, but, fortu-
nately with ~infrequeht and not i'm
portant armed collisions, until Aug. %,
when the Congressional forces landed
near Valparaiso, and after a bloody en-
gagelnent captured that city. President
Balmaceda at once recognized that his
cause was lost, and a provisional gov
eminent was speedily established by the
victorious party. Our minister was
promptly directed to recognize and put
himself in communication with this gov
eminent so soon-a it should have estab-
llshed de facto character, which was
done. During the tendency of this civil
contest frequent indirect appeals We're
made to this government to extend bel
llgerent rights to the insurgents and to
give audience to their representatives.
This was declined, and that policy was
pursued throughout, which this govern
ment, when wrenched by civil war, so
~strenuously insisted upon the part of
European nations. The Itata, an armed
vessel commanded by a naval officer of
the Insnrgent feet, manned by its sailors
and with soldiers on board, was seized
under process OF the United States court
az san Diego, California, for a violation
OF our neutrality laws. While in the
custody OF an officer Of the court the
vessel was forcibly wrested from his con-
troll and put to sea. 1t would have been
inconsistent with the dignity and self
respect OF this government not to have
insisted that the Itata be returned to
SAN Diego, to abide the Judgment of the
court. This was so clear to the Junta
OF the Congressional party, established
at lquliue that before the arrival Of the
ltata at that port, the secretary Of for
elgn relations of the provisional govern
ment addressed Rear Admiral Brown,
commanding the United States naval
forces, a communication from which
the following is an extract:
The provisional government has learned
by the cablegrams of the Associated Press.
that the transport Itata, detained il San
Diego by order of the United States for
taking on board munitions of war and in
possession of the marshals left the port,
carrying on board this official, who was
landed at n point near the coast, and there
continued her voyage. If this news be
correct. this government would deplore
the conduct of the Itata, and as an evil
dence that it is not disposed to support or
agree to an infraction Of the laws of the
United States, the undersigned takes ad,
vantage Of the personal relations you nave
been good enough to maintain with HIM
since your arrival in this port to declare
to you that as soon as she is within reach
of ourorders his government will put the
1tata, with the arms and munitions she
took on board in San Diego at the dis
position of the United States.
a trial in the district court of the
United States for the southern districto
California has recently resulted in a de
cislon holding, among other things, that
lnaslnuch as the Congressional party mac
not been recognized as d belligerent. the
acts done III its interest could not be &
violation OF our neutrality laws. From
this Judgment the United States has &p
pealed, not that the condemnation OF the
vessel is a matter of importance, bui
that we may know what the present
state Of our laws, for, it this construc
ton of the statute is correct, there is ob
vious necessity for revision and amend
ment. During the progress Of
The War in Chilli
this government rendered it's good office.
to bring about a peaceful adjustment
and it was at one time hoped that a good
result might be reached, but in this WI
were disappointed. The instructions t.
our naval officers and to our minister al
Santiago, from the FIRST to the last O
this struggle, enjoined upon them thu
most impartial treatment and absolute
non-interference. I am satisfied thai
these instructions We're observed ani
that Il representatives We're Away!
watchful to use their influence impair
TALLY in the interest of humanity, an
on more than Il occasion did SO effec
lively.
We could not forget, however, tina
this government was in diplomatic rela
tons with the then established govern
ment of Chill, as it is now is such rela
tons with the successor of that govern,
Mont, who has, under circumstances Of
promise for the peace Of Chill, been in
stalled as president of that republic, vii
not desire that, in the unfortunate event
of any revolt against his authority, the
policy of this government should be
other than which we have recently OBJ
served. No official complaint of the
conduct of our minister or of our nava
officers during the struggle has beer
presented to this government, and it il
a matter Of regret that SO many Of oul
own people should have given ear to un
official charges and complaints that man
ifestly had their origin in rival interest!
and in a wish to pervert the relations o
the United States with Chill.
The collapse of the government of Bal
maceda brought about a condition which
is unfortunately too familiar in the his
tory Of the Central and South Americt
states.
With the overthrow of the Balanced;
government. he and many of his ON
sellers and officers became at one fugi
tiyes for their lives and appealed to thu
commanding officers Of the foreign nav
vessels in the harbor of Valparaiso ant
to the resident foreign ministers at San
tiago for asylum. This asylum wa
freely given, according to my informa
tinn. BY the naval vessels of SeYeral for