The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-29

preaont their complaints and the charges
be heard In their own justification, give In
sontcstable authority to the trial held ut
Valparaiso.
In the course of our conferences We aome-
times considered the case In whicE the gov
ernment OF the United States and that of
Chill should fail to agree when the investi-
CATION should be erminated, and the two
governments should have formed their
final opinion, and We agreed that arbitrA-
tion was tho best means of settling the diff
ficnlty, and advancing farther In this CON.
ciliatory spirit VIC even formally agreed
that tho differences that might arise
should be submitted to arbitration. This
agreement TO accept arbitration has been
the baais OF several OF our conferences,
especially that of the 18th inst, aud no
nntecedent OF fact interfering Herewith
has come TO my knowledge. On the con-
trary took occasion to inform you Jan.
that my government had authorized me TO
conclude the agreement looking to arbltra-
ton, and my government subsequently
approved the agreement concluded by me
With yon. of which ] also informed you.
AZ the criminal trial, initiated at Valpa-
raiso. has not come to mn end, my govern
ment has not yet beer able to reply to the
demands of the United States. The doc
! uments and Antecedents to which have
called your attention in my foregoing COM
munications we're designed to inform the
United States government of the progress
OF tho judicial investigation and Of the
facts thereby ELECTED. They do not, how
ever, constitute the reply which can only bO
gwen when the facts are definitely brought
to light BY the sentence which must be pro-
nOunced by the court. @
| The testimony which the government OF
the United states has caused to be taken in
California from the crew of the Baltimore,
cannot take the place Of the trial being
held at Valparaiso, where the offense waA
committed. The testimony may be useful
| for disciplinary or administrative purpose
II the United States, but II cannot serve AZ
the basis Of judicial sentence, either in
Chill or the United States. A copy whick
/ J. have to-day had the honor to send to yon,
OF the statement made by one Of tho sea-
men Of the Baltimore Mt valparaiso,
| shows that the neamen made no charge
against the police. The charges which he
makes here. in the absence Of the accused
parties, IN contradiction OF his first state
ment, have no value either in law or In
your enlightened opinion.
II is TO be observed, moreover, that the
statement made by this seaman at VAL
paraiso il attested by the judge. by the
signature Of the seaman himself and by
that OF the interpreter, who WAS an officer
OF the Baltimore who had been appointed
for the express purpose Of inspiring de-
ponents with confidence.
\ You were pleased to state in your instruc-
tions to Egan, that the undersigned has not
communicated to the United States govern
ment the note addressed to him BY Matta
Dec. II, last The hrst time the honorable
secretary of state saw fit to call my atten-
tlon to the aforesaid note of Malta told
him the note contained Instructions adj
dressed to me by Matta, and that az had
not been directed to communicate it ohi-
cially to the department OF state, there wan
no reason why the honorable secretary
should take cognizance OF it. further re-
minded you that it was a doctrine estab-
lished by the American government that
documents exchanged between the
president and congress, or between the
department of state and diplomatic
representatives of the United States in for
eign countries. could not form the subject
OF discussion BY foreign governments.
also took the liberty to remind him of the
t illustrious Webster ana the controversy
with the representative OF Austria in 1850
j The Austrian government complained that
time because it considered that insttuc.
tions sent to a representative of the United
States were unjust or disrespeCtf1l to AuH-
tria, said instructions having been pub
lished in the message of the president who
sent it to the senate. This department. =
said Mr.. Webster, has on former occaaionl
informed the ministers of foreign powers
that message from the president to either
house of congress Is regarded as domestic
, communication, of which ordinarily nt
foreign s:nte has cognizance. anl
in more recent cases thu
great impropriety of making suct
communication the subject of correspon-
3 dence and diplomatic discussion has beer
) fully shown" The circumstance of pub
, licity does not change the character Of tn,
i communication in the opinion of Webster
. because such is the common and naua
mode of proceeding in communications O
tho .lesiaent and senate" II was there
t fore on the nature Of the note, and on ~
other reason that ! passed by. abstainint
from communicating to you instructions
which Malta had sent me, Dec. Ii, as | has
] the honor to inform you. added, how
i ever, it was far from being the purpose o
offensive to the president Of the Unitet
i States or Any member OF his cabinet, ant
!, that Mntta's note, if rightly interpreted
admitted OF no such construction. after
r wards had the honor to inform
| you that / had received instruc-
! tlons from my government to inform
that of the United States in consideration
) of the views expressed by Buchanan anc
. Webster in l849 and 1850, that message
/ sent by the president to congress- arc do
4 mestic communications which oanno
| serve asa basis for the interpretations o
foreign powers or their representatives, m,
, government had no objection to striking
out of the note such words as might b.
considered disaereeable by the Unite,
: States government.
! On the 18th instant an official Telegram
: was published, which had been addressed
: by the commander of the Yorktown to tn
!, ! government OF Chill, and in view of whn
i we had said concerning the note Of Dec. II
4 I deemed it my duty to call your attention
> to that telegram. The lofty spirit of jus
: tlce which characterizes you did not permi
; you to hesitate to tell me that the wording
4 of said telegram was improper and OBJ
o ieotionable. This declaration on your part
%yhinb rtini inHt. tprrniNAG Gpi
: tho incident.
Il Since the early part of the month O
: October, when ] had the honor to be In
!, vitcd to unofficial conferences with repre-
3 sentatives of the department. of state Ia
$ tho credentials which accredited me u
= minister of Chill had not vet arrived) |
$ has been repeated to me on various ocoa
a sons by the United States government tina
Q if the representative OF the United State
t was not persona grata to the government q
/ Chill, it was sufficient for the governmen
3 of Chilli so to state, and that said represent
3 alive would be succeeded by another. 1t
t a rule based upon the nature Of diplomati
Q relations, and designed tomake them fran
/, and cordial, that the representative Of
: nation must be persona gratn to the gov
A ernment to which he ia accredited. In th
: conference with which you were pleased :
h favor me on the Goth inst,
9 had the honor to state tina
. the representative of the United State
at Santiago was not persona grata to th
o government of Chill, which would be yer
$ glad to receive another representative fror