Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1891-12-15

this state of law that the officers of the
state charged with the police and judi
cial powers in such cases must, in the
consideration of international ques
tons growings out of such incidents, be
regarded in such sense as federal agents
as to make this government answerable
for 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 Chilli which began
January last, was continued, but, fortu
nately with infrequent and not i'm
portant armed collisions, until Aug. 49,
when the Congressional forces landed
near Valparaiso. and after a bloody en-.
gagement captured that city. President
Balmaceda at once recognized that his
cause was lost, and 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 as it should have estab-
Gshed de facto character, which was
done. During the tendency of this civil
contest frequent indirect appeals were
made to this government to extend bel
hgerent 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 Insurgenr feet, manned by it's sailors
and with soldiers on board, was seized
under process of the United States court
at San Diego, California, for 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 Iquique that before the arrival of the
Itata at that port, the secretary of for
eign 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 in 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 point near the coast, aud 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 adj
vantage of the personal relations you have
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 our orders his government will put the
Itata 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 district of
California has recently resulted in de-
cisiOn holding, among other things, that
inasmuch as the Congressional party had
not been recognized as belligerent, the
acts done in its interest could not be a
violation of OAR neutrality laws. From
this Judgment the United States has ap-
pealed, not that the condemnation of the
vessel is matter of importance, but
that we may know what the present
state of our laws, for, if this construc-
ton of the statute is correct, there is OBJ
vious necessity for revision and amend
ment. During the progress of
The War in Chilli
this government rendered it's good offices
and it was at one time hoped that a good