Warren sheaf., 1891-12-17
THE TROUBLE WITH CHILL.
An Intimation That the Baltimore Affair
Is Not Yet Settled.

frequent and not important armed collisions,
until August 2S, when the congressional forces
landed near Valparaiso and, after bloody en-
gagement captured that citv. President Balma-
ceda at once recognized that bis cause was lost,
and q provisional government was speedily es-
tablished by the victorious party.
Our minister was promptly directed to rec
ognize and put himself in communication with
this government as soon as it should have es
tablished its de facto character, which was done.
During the pendency of this civil contest fre-
auent indirect appeals were made to this govern
ment to extend belligerent rights to the nsurg-
ents and to give audience to their
Some suggestions growing out OF this unhappy
incident are worthy the attention of congress.
1t would, 1 believe, be entirely competent for
congress to make offenSes against the treaty
rights OF foreigners domiclled in the United
States cognizabe III the federal courts. This
has not, however, been done, and the federal Of
fcers and courts have no power in such cases to
intervene either for the protection OF d foreign
citizen or for the punish nent OF his slayers. 1t
seems to me to follow, in this state OF the law,
that the officers OF the state charged with police
and Judicial powers i'll such cases must, in the
consideration OF international questions, grow
ing out OF such incidents. be regarded in such q
sense as federal agents as to make this govern
ment ansWerable for their acts in cases where it
would be answerable if the United States had
used It's constitutional powerto define aud pun
ish crimes against treaty rights.
This was declined, and the DoIicy was pursued
throughout which this governments, when
Wrenched by civil war, 30 strenuouSly insisted on
upon the part of European nations The Itata,
all armed vessel commanded by naval officer
OF the insurgent fleet. manned by its sailors and
with soldiers on board. was seized under process
OF the United States court at San Diego, CAL,
for violation OF our neutrality laws While i'll
the custody Of an officer OF the court the vessel
was forcibly wrested from his control and put
to sea. ltWoud have been inconsistent with the
to have insisted that the 1tata should be re-
turned to San Diego and abide the Judgment OF
the court. This was Sc clear to the iunta of the
Congressional party tabshed at Iquique. that,
before the arrival OF the Itata at that port, the
secretary Of foreign relations OF the provisional
government addressed to Rear Admiral Brown,
commanding the United States naval forces, a
communication, from which the following is an
extract:
1.-The provisional government has learned by
the cablegrams OF the associated press that the
transport Itata, detained in San Diego by order
of the United States for taking on board NUM-
tions OF war and in possession of the marshal,
LETT the port. carrying on board this official, who
was landed at point near the coast. aud then
continued her voyage. If this news be correct.
this government would deplore the conduct of
the 1tata and, as all evidence that it is not dis
posed to support or agree to an infraction OF the
laws OF the United States, the undersigned takes
advantage OF the personal relations you have
been good enough to maintain with him since
your arrival i'll this port to declare to you that
as soon as she is within reach of our orders his
government will put the Itata, with the arms
and munitions she took on board in San Diego.
~.
A trial III the district court OF the United
States for the Southern district of California
mas recently resulted in a decision holding,
among other things, that, inasmuch as the con-
gressional party had not been recognized as a
belligerent, tie acts done in its interest could
not be a violation OF onrneutrality From this
that the condemnation of the vessel is q matter
OF Importance, but that we may know what the
present state OF our law Isl for, if this construc-
tlon OF the statute is correct, there is obvious
necessity tOr revision and amendment
During the progress OF the war Ill Chilli this
government rendered its good Offices to bring
about a peaceful adjustment, and it was at one
time hoped that good result might be reached;
but i'll this we were disappointed. The instruc-,
tions to our naval officers and to our minister
at Santiago, from the first to the last OF this
struggle enjoined upon them the most impartial
treatment and
ABSOLUTE INTERFERENCE
am satisfied that these instructions were OBJ
served and that our representatives were always
Watchful to use their influence impartially in
the interest OF humanity and. on more than one
occasion. did SO effectively. We could not for
get, however, that this government was in diplo-
matte relations with the then established gov
ernment OF Chill, as it is now in such relations
with the successor OF that government. l am
quite sure that President Montt, who has, under
circumstances OF promise for the peace of Chill,
been Installed as president OF that republic will
not desire that i'll the unfortunate event OF any
revolt against his authority, the policy of this
government should be other than that which we
have recently observed. No official complaint
OF the conduct of our minister or Of our naval
officers during the struggle has been presented to
thia government; and it is a matter of regret
that SO many of our own people should have
given ear to unofficial charges and complaints
that maniestly had their origin in rival inter
ests and i'll a wish to pervert the relations OF the
United States with Chilli.
The collapse OF the government Of Balmaceda
brought about q condition which is unfort,lnat ate
~ too familiaI iu the history OF the Central and
South American states. With the overthrow OF
the Ba.maceda government he and many of his
sounselors and officers became at once fugitives
for their lives, and appealed to the commanding
officers OF the foreign naval vessels in the har-
Dor of Valparaiso and to the resident foreign
ministers at Santiago for asylum. This asylum
Was freely given, according to my information,
by the naval vessels Of several foreign powers
and by several OF the legations at Santiago.
The American minister, as well as his colleagues,
acting upon the impulses of humanity, rxtended
asylum to political refugees whose lives were In
peril. have not been willing to direct the sur
render OF such of these persons as are still in
the American legation without suitable cOndi-
tions.
1t is believed that the government OF Chilli is
not in position, i'll view of the precedents with
the right OF asylum, and the correspondence has
not thus far presented any such denial. The
treatment Of our minister for time was such
gratifying to observe that unfriendly measures,
which were undoubtedly the result Of the pre-
vailing excitement, We're at once rescinded or
suitably relaxed.
THE BALTIMORE ASSAULT
On the 10Th of october all event occurred in
Valparaiso so serious and tragic in its circum-l
stances and results as to very Justly excite the
Indignation OF our people and to callfo prompt
and decided action on the part OF this gov
OF the United States steamship Baltimore, then
i,l,, in the S1ora harbor 81 Valparaiso being
sauted aant BY armed men nearly smultane
One petty officer was killed ou fright and seven
OF eight seamen were seriously wounded. one OF
whom has since died. So savage and brutal
was the assault that several of our sailors re.
ceived more than two and one Of them as many
as eighteen stab wounds. An investigation Of
the affair was promptly made by 8 board OF
officers Of the Baltimore, and their report
shows that these assaults were unprovoked,
that our mon were conducting themselves In 8
peaceable and orderly manner, and that some
OF the police of the city took part In the assault
and used their weapons with fatal effect while q
few others, with some well disposed citizens, on
deavored to protect our men. Thirty y,six OF our
sailors were arrested, and some Of them while
being taken to prison. were cruelty beaten and