Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-28


assumed considerable proportions. owing TO
tie condition OF the locality in which il oriri-
mated. and that the police performed their
duty by re-establishing tranquility and placing
the persons who seemed TO have been CON
corned in the disorder at the disposal OF The
court
The government Of Chile has no data author
ling il to think that the quarrel was du- 10
any dislike OF The uniform of the United States
OF that the police failed 10 perform their daiy.
On the contrary. il is a well-demonsirated fact
that sailors get intoxicated when they so
ashore after having been on board OF their YES
sci for iong time. Ihis is also quite natural.
The lntoHica;ioa Of seSmen AVID the disorders
TO which Il gives rise. although they may as
sumo serious proportions and occasion very
iHnentabIe o:lenses. as was unfortunately the
case al valparaiso on the 10th Of October. can
not constitute an insult 10 the nation IN whose
service are the Inea WHO have taken part IL
the disorder although they certainly do not
order
The government Of Chile could not, however,
form maj opinion concerning the nature OF
the occurrences IN question. or as to whether
the ponce had or had nos improperly partici-
paied therein or had failed TO perform its duty.
until the termination Of the irdicial investica-
tion, which had been initiated without delay
ana which was pushed forward as speedily as
was compatible with the provisions OF the law
"lth tEe oOisalcn OF collecting all thc ole
order TO throw fan llght upon the matter
and with the necessity Of promptly pun
ishinS tie pc: tetrStors ~ tho o..tases winch
had Iocn committed, and winch had Teen in
part suffered by persons IN the service " "a
friendly nation. Ii was the desire and the duty
OF tee government o. Chile 70 discover Ne
truth IN order to make its future proceedings
conform thereto, aid IL ORDER that the CultCd
States government might be satisfied that
nothing was neglected in order TO do luil
justice.
.Yoa we're pleased. with Your high sense OF
rec;itude, TO remark to me thar tins proceeding
OF the government of Chile was correct ana
thai. although you desired that the judicial IN
Nes:lgatIon might be brought 10 a close with as
little delay as possible. you understood that
II was necessary that the ordinary legal pro-
eeedIngs (Which were not as rapid in Chile a.
III the Jnlted States should be held.
have taken occasion NJ sundry times TO in
form you Of what the Chilean authorities were
dong to bring the investigation 10 a close.
In the criminal trial held at Valparaiso not
only have iandsme been heard, but also the
seamoI of the Baltimore; both have beea CON
fronied with each other, the reports OF physi-
clans anu experts have been called FOR, the
opinion OF tue surgeon Of the cruiser las like
wise been invoked, and, IN a word, nothing has
been neglected that could tenn TO bring the
whole >truth to light The seamen
OF the baltimore ni&6e their state
ments with the assistance of the inter
prefer designated by themselves, who was an
officer OF the cruiser that the oath taken hy the
witnesses, their conformation with each other,
the reports OF tie experts concerning the cause
and nature of the wounds and the hearing
granted to both ChIlOans and Americans, 80
that all might present their Complaints and
charges and be heard in their own justification,
gave uncomfortable authority 10 the trail held at
Valparaiso.
In tie course OF our conferences we some
times considered the case in which the govern
nent OF the United States ana that OF chile
should iali TO agree when the investigation
should be terminated, and the two governments
should have formed their final opinion. and
agreed that arbitration iEe best means Of
settling the dinculty, AND, advancing further
III TINS concliiatory spirit, We even formally
agreed that the differences that might arise
should be submitted TO arbitration.
This agreement TO accept arbitration has
been the basis of several Of our conferences.
especially that OF tie 18th instant, and no ante
ceGeut or iact interfering therewltn has come
TO my knowledge. On the contrary 4 took
casIon 10 Inform you on the LIST OF january
tlat my government authorized me to con-
clude an agreement looking 10 arbitration. and
Ily government subsequently approved the
agreement concluded by NE Win you, OF
which also informed you.
As the criminal trial initiated at VALPARAISO
mas not yet come to an end, lay government
has not yet been able to reply TO tie demands
documents and anteceGents TO which have
called your attention IN my foregoing com
DGhiGatloas were designed TO inform the
United states government o. the progress OF
the Judicial investigation and OF the lacis
thereby elected. They do not, however con-
etltute 4 reply, which can only be given when
the facts are definitely brought to hight by .he
sentence which must be pronounced b. the
courts.
lhe testimony which tho government of the
United States has caused TO be taken in Cali
fornia from the crew OF the Baltimore cannot
take the place OF the trial which is being held
at Valparaiso where the olfeuses were COM
mltied- IAls testimony may be useful for
disciplinary or administrative purposes in the
United States, but it cannot serve rs Tie basis
oi a judicial sentence either in Chile or In the
United States.
ihe copy which ] have today had the honor
TO send you OF the statement made by one OF
the seainen OF the baltimore at Valparaiso
SHOWS mat that seaman MADE no charge against
the ponce. The charges which he makes mere,
IN the absence OF the accused parties, in con-
ta1iction OF his nrst statement, can have no
value either IN law or in your knligntened
opinion.
1t Is to be observed. moreover, that the state
ment made by this seamen at Valparaiso is at
tested by the judge, by the signature OF the
seaman himself and by that OF the interpreter,
who was an officer of the Baltimore, who haa
been appointed for the express purpose OF in
spring the deponeuts with confluence.
lou are pleased to state. in your instructions
to Mr.. Egan, that the undersigned has Lot COM
municated to the United States government
the note iha: was addressed to him by Mr.
Malta on the llth of December last. The fist
time that the honorable Secretary OF State saw
NJ 10 Cali my attention TO the aforesaid note Of
Mr.. Malta l told him that that note contained
instructions addressed to Inc by Mr.. Malta aud
that as had not been directed to communicate
1t officiaily 10 the Department. of state there
was no reason why the honorable Secretary
should take cognizance of IL.
further reminded yol that it was doctrine
established by the American government that
documents exchanged between the President
and Congress or between the Department OF
State and the diplomatic Representatives OF the
United States in foreign countries could not
form subject OF discussion tor foreign gov
ernments.
also took the liberty to remind you Of the
case o. the Illustrious Webster and the repre-
sentative OF Austria in 1850 The Austrian
government complained at that time because
1t considered the instructions sent to q repre-
sentative o. the United States unjust or disre-
spectful to Austria. the said instructions hay-
ing been published with the message of the
PRESIDENT, who sent it TO the Sem
ate. This department" said Mr. Webster,
has on former occasions informed the minis
tiers of foreign powers that a communication
from the President to either house of Congress
Is regarded as a domestic communication, OF
which, ordinarily, no foreign state has cogni-
zance, and in more recent cases the great i'm
proprlety of making such Communications a