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

sN..'As1euu I, were Iully stated IN the
correspondence, as well as its purpose To
make anlnvestigation of the affair with
q view TO determine whether there were
present. a circumstances that could,
9nder such rules of duty as we had in
Trsaseu, create an obligation upon the
United States. The Temporary absence
OF a minister plenipotentiary at this
capital has retarded the further cores
pondence, but it is not doubted that q
friendly conclusion is atttainable. Some
suggestions growing out of this unhappy
incident are worthy the attention of u
gfess. 1t would, ! believe, be entirely
competent for congress to make %offenses
against the treaty rights of foreigners
sdonlc1led in the United States cogniza-
Die IN the federal courts. This has q
however, been done and the federal
oihcers and courtsshaye no power nsucl
cases to intervene either for the
pfotectlon OF a foreign citizen,
or Tor the punishment of
ms slayers. 1t seems to me to follow. in
this state of law that the officers Of the
state charged with the police and Judi
clal powers in such cases must, in the
consideration of international uues-
TONS growings outof 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
answerahle if the United States had used
Its constitutional power to define and
punish crimes against treaty rights.
Relations with Chilli.
The civil war in Chill, which began
January last, was continued. but, fortu-
nately with i~nfrequeht and not i'm
portant armed collisions, until Aug, %.
when the Congressional forces landed
near Valparaiso. and after a bloody II
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
ernment so soon-as it should have estab-
lished de facto character, which was
done. During the tendency of this civil
contest frequent indirect appeals were
made to this government to extend bel
llgerent rights to the insurgents and to
give audience to their representatives.
FMS was declined, and that policy was
pursued throughout, which this govern
ment, when wrenched by civil war, so
s~trenuously insisted upon the part of
European nations. The Itata. an armed
vessel commanded by a naval officer of
the Insurgent fleet, manned by its sailors
and with soldiers on board, was seize,
under process Of the United States court
a. 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. It 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 lqullue that before the arrival of the
ltata at that port, the secretary of for
elgn relations of the provisional govern
mont addressed Rear Admiral Brown,
commanding the United States naval
Iofces, 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 wa
landed at a point near the coast, and there
continued her voyage. If this news be
correct. this government would Geplore
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 orr OcIprS biS troyarnp f, npE will r-,t.+l,o.
ltata, 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 of
California has recently resulted in a de-
clslon holding, among other things, that
inasmuch as the Congressional party bad
not been recognized as a belligerent. the
acts done in its interest could not be a
violation of our neutrality laws. From
tins Judgment the United States has GD-
pealad, not that the condemnation OF the
vessel Is a matter of importance. but
that we may know what the present
state OF our laws, for, it this con8truc-
ton OF the statute is correct, there is on-
viou5 necessity for revision and amend
mont. During the progress Of
The War in Chilli
this government rendered its good Offices
to bring about a peaceful adjustments,
and it was at one time hoped thata good
result might be reached, but in this we
were disappointed. The instructions to
our naval officers and to orr minister at
Santiago, from the FIRST to the last of
this struggle, enjoined upon them the
most impartial treatment and absolute
non-luterference. | am satisfied that
lii Asc ;IIgf1I1rtJnf1c 1,-aY.a nI-,,,-~l ,-l
that Il representatives We're ALWAYS
watchful to use their influence impair
TALLY in the interest of humanity. and
on more than II occasion did so effec-
lively.
We could not forget, however, that
this government was in Diplomatic rela-
tons with the then established govern
ment of Chill, as it is now is such rela.
tions with the successor of that govern
ment. am quite sure that President
Montt, who has, under circumstances of
promise for the peace Of Chill, been in
stalled as president Of that republic, will
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 naval
officers during the struggle has been
presented to this government, and it is
a matter of regret that SO many Of our
own people should have given ear to I'M
official charges and complaints that man
ifestly had their origin in rival interests
and in a wish to pervert the relations Of
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 America
states.
With the overthrow of the Balmaceda
government. he and many of his conn
sellers and officers became at once .ugi-
tives for their lives and appealed 70 the
commanding officers of the foreign naval
vessels in the harbor of Valparaiso and
to the resident foreign ministers at San
tiago for asylum. This asylum was
freely given, according to my informa-
ton, by the naval vessels of several for
eign powers and by several of the lega-