The Portland daily press., 1892-01-26

table prison." and states that the ponce
agents or detectives were, after his arrl-
val, Withdrawn during his stay.
1t appears further, from the note OF
Mr. Egan of November 20, 1901, that on
one occasion, at least, these police agents
whom he declares to be known to
him, invaded the legation premises,
pounding upon its windows and using
insulting and threatening language to-
wards persons therein.
This breach of the right of a minister
to freedom from police espionage and re-
straint seems to have been so fagrant
that the Argentine minister, who was
Dean of the Diplomatic Corps, having
observed it, felt called upon to protest
against it to the Chilian Minister of For
eign Affairs. The Gillian authorities
have, as will be observed from the cor
respondence. charged the refugees and
the inmates of the Legation with insult
ing the police; but it seems to me incred-
ible that men whose lives were in jeop-
ardy, and whose safety could only be Sc
cured by retirement and quietness
should have sought to provoke collis-
ion which could only end in their de-
struction, OF to aggravate their condition
by intensifying a popular feeling that,
at one time, so threatened the legation
as to require Mr. Egan to appeal to the
Minister of Foreign Affairs.
The most serious incident disclosed by
the correspondence is that Of the attack
upon the sailors of the Baltimore in the
streets of Valparaiso on the 10th of Octo-
ber last. In my annual message, speak
ing upon information then in my pos
session, said: $50 far as [ have yet
been able to learn, no other explanation
of this bloody work has been suggested
than that it had it's origin in hostility to
these men as sailors Of the United States,
wearing the uniform of their government
and not in any individual act or personal
animOSity."
We have now received from the Chlllan
government an abstract of the conclu-
sions of the Fiscal General upon the
testimony taken by the Judge of Crimes
in an investigation which was made to
extend over nearly three months. very
much regret to be compelled to say that
this report does not enable me to modify
the conclusion announced in my annual
message. I am still of the opinion that
Our Sailors were Assaulted,
beaten, stabbed and killed, not for any
thing they or any one Of them had done,
but for what the government of the
United States had done, or was charged
with having done by it's civil officers and
naval commanders. If that be the true
aspect of the case, the injury was to the
government of the United States, not to
these poor sailors who were assaulted III
a manner SO brutal and SO cowardly.
Before attempting to give an outline OF
oo+c xxrbioh I1iS 0nnolnCiOn
rests, [ think it right to say word or
two upon the legal aspect of the case.
| The Baltimore was in the harbor of Val
paraiso by virtue of that general invita-
| ton which nations are held to extend tc
the war vessels of other powers with
which they have friendly relations. This
invitation, think, must be held ordina-
| rily to embrace the privilege of such
| communication with the shore as is rea-
| sonable, necessary and proper for the
| comfort and convenience of the officers
and men of such vessels. Captain Schley
| testifies that when his vessel returned to
| Valparaiso on September IA, the city of
| ficers, as is customary, extended the hos
| pitalities of the city to his officers and
crew. 1t is not claimed that every per-
| sonal collision or injury in which a
sailor or officer of such naval
vessel visiting the shore may be involved
raises an international question; but
am clearly of the opinion that where such
| sailors or officers are assaulted by a resi-
| dent populace, animated by hostility to
| the government whose uniform these
| sailors and officers wear, and in resent
ment of acts done by their government,
| not by them, their nation must take no.
| tice of the event as one involving an in
| fraction of it's rights and dignity; not in
a secondary way, as where a citizen is
| injured and presents his claim through
his own government, but in primary
way, precisely as if it's minister OF consul
or the flag itself had been the object OF
| the same character OF assault.
| The officers and sailors of the Balti-
more were in the harbor of Valparaiso
under the orders of their government, not
| by their own choice. They were upon
the shore by the implied
Invitation of the Government of Chilli,
and with the approval of their command
| ing officer, and it does not distinguish
their case from that of consul that his
stay is more permanent, or that he holds
| the express invitation of the local govern
ment to justify his longer residence. Nol
does it affect the question that the in
| Jury was the act of mob. If there ha6
been no participation by the police OF
military in this cruel work and no neglect
on their part to extend protection, the
case would still be one, in my opinion
| when it's extent and character are con-
sidered, involving international rights.
| The incidents Of the affair are briefly
as follows:
On the 10th of October last Captain
Schley, commanding the United States
steamship Baltimore gave shore leave
to III petty officers and sailors of his
ship These men left the shiI
about 1.30 p. m. No incident OF
violence occurred; none of our men were
arrested; no complaint was lodged
against them; nor did any collision OF
outbreak occur until about 6 o'clock p,
m. Capt. Schley states that he was him
self on shore and about the streets of the
city until $50 p. M; that he met very
many of his men who were upon leave
that they were sober and were conduct
ing themselves with propriety, salutine
| Gillian and other officers as they me-
them. Other offers. of the ship and Cap
tain Jenkins of the merchant shiI
Keweenaw corroborate Captain Schley az
to the general sobriety and good behavior