St. Paul daily globe., 1892-01-27
The Reply of the Chilian Gov
ePnment Not Satisfactory
to Uncle Sam.
Before Going Further the
Elongated Republic Must
Come to It's Knees.
fhis Government Willing to
Arbitrate Indemnity, but
Not an Apology.
Che Belief Still General That
President Montt Is a Good
Buffer.

WASuINGTON, Jan. 26.-It tranSpired
late this afternoon that Minister Egan
had communicated to the secretary of
state the reply Of the Chiian govern
ment to the note Of Secretary Blaine on
the 2lSt. rs was stated in these dis
patches this morning from Santiago.
The general incredulity of the public
regarding the Santiago dispatches was
due to the fact that yesterday Mr.. Egan
had notified the department that the
Chilian government asked for two or
three days longer in which to make its
answer, owing to the absence of Presi-
dent MOntt at the springs above San
tiago. Public expectation has settled
down to delay of that length of time,
and the published statement of today,
indicating that President MOntt had
returned to the capital, was wholly
unlocked for. 1t was not until
tonight that the fact of the reception of
the message Leaame circulated, and the
sentiment among public men was one
o. dOEbt and uncertainty. They knew
when asked for opinions as to the new
phase of the matter. The statement of
the contents of the message in today's
telegram Is said to be practically cor
rect. Conversation with those ac-
quainted with the text of the note
gives the impression that it was not sat
isfactory. No one who was in a posi-
tiOn to know them would consent to dis
cuss the terms of the reply. The fact,
however, that there is no reference to an
apology for the Assault
upon the Baltimore's sailors is suffi-
cient to account fer the dissatisfaction of
officials with its terms. AS to the
Malta note, the offer of Chill is believed
70 be fully up to the demand made by
the note of the 21st inst. to Minister
Egan. The matter of the latter's re-
call is believed to have been sufficiently
settled by the terms of that note. and
therefore no reference TO it in the reply
was necessary. AS was stated last
night, if Chill apOlogiZed for the Balti-
more incident, the matter OF the amount
Of indemnity by way of reparatiOn, or
whether or not anything should be
paid 10 the families of Riggin and
Turnbull, might very well become the
subject Of arbitration, but the apology
must come first. The proposition of
Chill to throw the whole thing into the
supreme court for arbitration is va
riOusly viewed. BY some it is thought
TO be declaration by Chilli of full con-
fdence in the justice and right of her
cause: Il confidence so great and i'm
plicit that she is willing to make a
creature of the other party to the con-
trOyerSY sole judge of its merits. 9th
ers, however. think it is. in common
pariance, bluff, and that Chilli is not
honest or sincere in her professions. 1t
is recited that Chill knows how the
Jurisdiction and powers of the supreme
court are restricted and limited by the
constitution, and that she made the
offer knowing that it could not be en-
tertained. The argument is advanced
that the supreme court cannot and
will not assume Jurisdiction over such a
matter. One justice or any number Of
them
Might Act as ArIItrat0rs.
IS was done when five Of them took part
in the proceedings Of the electoral com
mission in 1867, but the court as
whole could not take cognIzance of the
case. The executive and the legislative
branches by the terms of the constitu-
tiOn are charged with conducting and
disposing of diplomatic matters, and
they probably would not consent, if
they could, to turning them over to the
judicial branch of the government.
This point was urged in two notable
cases only recently. Mr.. Blaine and
the attorney general made very strong
contention that the supreme court can
not deal with 4 matter that is the sub
feet of diplomatic dispute. This was in
the SayWard case, which grew out of
the BehrIng sea dispute. The petition
for writ of prohibition in this case was
taken under consideration by the
court upon the ground that it was a
legal question, and not diplomatic dis
pute, that was trOught before them.
The other was in the Weil-La Abra
claims now under consideration in the
senate. Mexico asserts that the awards
60 American claimants in these cases
have the money not yet paid to the
claimants returned to her. 1t is pro-
posed in the measure under discussion
TO refer the subject to the court OF
claims for examination and decision.
with the right of appeal to the supreme
court. Mr.. HOar, chairman of the SEN
ate judiciary committee, argued against
these latter provisions on the ground
that, while congress might vest iuris-
diction in the court of claims to ascer-
tain a fact upon examination. that
court being
The Creature of Congress-.
II could not confer jurisdiction unon
the supreme court over matters outside
of the limits imposed by the constitu-
tion, for the reason that that court was
created by the same power that created
congress, and derived its power and au-
thority from the same source. The reply
of Chilli was the subject of a consutta-
tion between the president and Secrc-
tary Blaine at late hour this afternoon.
rs we'll as at the meeting of the cabinet
at noon. The view of the United States
government upon the reply will prob
ably not be communicated to Chill for a
day or two, In the meantime the text
OF the message of Minister Egan. it is
expected, will be sent to the committee
on foreign affairs in the two houses
OF congress for their information.
and to aid them in the consider