Evening journal., 1892-01-27
THAT APOLOGY MUST COME.
There Can BE No Arbitration What
ever ON That Question.

tlon Of Horrible MuiiIation ON the
Bodies OF tho Baltlmore's Murdered
Sailors.
WASHINGTON, Jan. Minister Egan
has communicated 10 the secretary OF state
the reply Of the Chilian government to the
note Of Secretary Blaine Of the 2lst inst,
as was stated in our dispatch yesterday
from Santiago
The general incrdulity Of the public ne
garding the Santiago dispatches was due to
the fact that Mr. Egnn had previously noti-
fed the department that the Chilian gov.
ernment asked for two or three days longer
in which TO make its answer, owing to the
absence Of President Montt at the Springs
above Santiago. Public expectation had
settled down to a delay Of that length OF
time, and the published statement indicat-
ing that President Montt had returned to
the capital, was totally unlocked for.
It is semi-offcially reported, and by those
who ought to be in position TO know, that
the United States has sent reply to Chill
that her proposition is unsatisfactory The
president and members Of the cabinet have
The reply Of Chilli was the subject Of
consultation between the president and
Secretary Blaine, as well as at the meeting
Of the cabinet. The views Of the United
States government upon the reply win prob
ably not be communicated to Chill for O day
or two. In the meantime the text Of the
message Of Minister Egan, IL is expected,
viii be sent to the committee on foreign
affairs in the two houses Of congress foi
their information and to aid them ia the
consideration Of the presidents message
and accompanying documents transmitted
Monday.
A Horrible Suggestion.
Captain W. s. Schley, who commanded
the United States steamship Baltimore at
Valparaiso, Chill, at the time OF the Chilian
assault, arrived in Washington and imme-
diately repaired TO the navy department.
Captain Schley was ordered to Washing
ton by Secretary Tracy that he might have
an opportunity to confer with him in detail
about the assault on the Baltimores sailors
and the subsequent mutilation Of their
bodies in such manner too horrible to pub
lish an account Of it.
Captain Schley kept himself secluded and
his presence was known 10 but few people
in the department. He was closeted with
Secretary Tracy for several hours, no callers
or officials being admitted during the period
Of the conference. After the conference
Captain Schley called upon Secretary Blaine
and subsequently saw the president It is
stated that Captain Schley viii be called be.
fore the foreign affairs committee Of the
senate while he is here.
ChiIis Reply Not Satisfactory.
The tenor Of the message received from
Minister Egan proves our Santiago dispatch
to have been correct. Conversation with
those acquainted with the text Of the note
give the impression that it was not satisfac-
tory No one who was in position to
know would consent to discuss the terms OF
the reply. The fact, however, that there is
no reference TO an apology for the assault
upon the Baltimores sailors is sufficient to
account for the dissatisfaction of officials
with its terms. AS to the Malta note, the
offer Of Chilli is believed to be fully up 10
the demand made by the note Of the 2lst
inst to Minister Egan. The matter Of the
latter's recall is believed to have been sufi-
GENTLY settled by the terms Of that note,
and, therefore, no reference to it in the
reply was necessary.
If Chill apologized for the Baltimore Incl
dent, the matter Of the amount Of indem-
nifty, by way Of reparation, or whether or
not anything should be paid to the families
Of Riggin and Turnbull, might very well be-
come the subject Of arbitration but the
apology must come first.
A Question OF Jurisdiction.
The proposition Of Chill to throw the
whole thing into the supreme court for ar
bitration is variously viewed. BY some it
is thought to be declaration by Chilli OF
full confidence in the justice and right Of
her cause; a confidence so great and inn
plicit that she is willing to make a creature
Of the other party sole Judge Of its merits
Others, however think 1t is in common
parlance, a bluff, and that Chill is not
honest or sincere in her professions. II is
recited that Chill knows how the jurisdic-
tion and powers Of the supreme court are
restricted and limited by the constitution
and that she made the offer knowing that
1t could not be entertained. The argument
Is advanced that the supreme court cannot
and would not assume jurisdiction over
such matter, One Of the justices or any
number OF them might act as arbitrators,
as was done when Ave of them took part in
the proceedings Of the electoral commission
In 1867, but the court as a whole could
not take oognizancs OF the case
The executive and the legislative, by
the terms OF the constitution, are charged
with conducting and disposing of diplo-
matte matters, and they probably would
not consent, if they could, to turning them
over to the judicial branch Of the govern
ment.
Precedents Established.
This point was urged in two notable cases
only recently. Mr.. Blaine and the attorney
general made very strong contention that
the supreme court cannot deal with mat
ter which is the subject Of diplomatic dis
pute. This was in the Sayward case, which
grew OUT Of the Behring sea dispute. The
petition for a writ Of prohibition in this case
was taken under consideration by the court
upon the ground that it was a legal question
and not a diplomatic dispute that was
brought before them. The other was in the
Wen-La Abra claims now under discussion
In the senate. Mexico asserts that the
awards to American claimants in these
cases were obtained by fraud, and asks TO
NnN1p the not srn4 20