Los Angeles herald., 1892-01-29

"In view of your communication, and
considering that up to date it has been
impossible for the trial initiated by the
Judge of the criminal court OF Valparaiso
to be decided, the undersigned regards
it his duty to declare once more that the
government of Chile laments the occur
renee of October 10th, and by way of
showing the sincerity OF his feelings and
the confidence which he has in the JUS
tice of his cause, he declares his willing
ness not to await the decision of the
examining Judge, and proposes to
the United States government that the
case be submitted to the consideration
of the supreme court of the United
States, to the end that that high tri-
bunal, with its learning and impartial
ity, may determine without appeal,
whether there are any grounds for rep
aration, and in what shape it should be
made.
The undersigned thinks the action of
the police in this matter should be con-
sidered with due allowance. For, the
civil war which had recently been
brought to close, the body was not vet
properly organized, nor did it have the
force required to put down disorder of
such proportions in. short time. In
this connection it is proper to re-
call the words used by the hon.
orable secretary OF state at Wash
ington. in his note addressed to
the Marquis Imperiali, and bearing date
May 81, 1891. There is no government,
however civilized it may be, however
great may be the vigilance displayed by
its police, and however severe it's GRIM
inal code may be, and however speedy
and flexible may be it's administration
of law, that can guarantee it's own citi-
zens against violence growing out of in
dividual malice or sudden tumult.' This
is precisely the situation of the admin
istration authorities at Valparaiso on
the occasion of the occurrence which
took place in October.
"The undersigned hopes the foregoing
will convince the honorable secretary Of
state that the government of Chile at
taches due Importance to the question
now under discussion; that he does not
for moment hesitate to condemn in
vigorous terms the act committed on
the 10th of October, or to offer such rep
aration as is just, and that he has not
neglected an opportunity to express
these sentiments before now, on various
occasions, and through the plenipoten-
tiaries of both countries he has for
warded explicit declarations on the sub
ject to Washington.
1.-THE undersigned takes the liberty to
recall the facts that five days after he
had taken charge of the department. of
foreign relations, he addressed to the
minister of Chile in the United States,
telegram which, in part relating to
this matter, said: Express to the
United States government what has
already been stated, added to all data
known; in the most cordial and AMIGA
BILE form, express to the United States
government very sincere regret
on account of this unfortunate
incident Which, although not
strange in the ports of the world, that
this governments doubly laments, owing
to its desire to cultivate friendship with
the United States. If the United States
government should not accept the fore
going as satisfactory, Notwithstanding
that judicial authorities hold the guilty
parties responsible for the disorder of
October 10th, the undersigned must re-
call the circumstances that the govern
ment of Chile, through its minister in
Washington. has expressed a desire to
submit the misunderstanding (dispute)
to decision by arbitration by any
power or tribunal which may be indi-
Gated to it, and in fact arbitration was
suggested in conference with the min
lister OF Chile in Washington, the 3Oth
of December, when the government of
the undersigned declared it's good will
and its resolve to accept arbitration
after final judgment, which would not
be further delayed many days.
sin furtherance of its purpose to give
speedy. solution to the incident in
most friendly terms, the government
the of undersigned called upon its
minister for definite reply on
the 18th inst, and on the 18th Minister
Montt reported that Notwithstanding
certain observations made by the Amer
ican state department, with respect to
the opportuneness of resorting to arbi-
tration, he had nevertheless agreed
with the honorable Mr.. Blaine that if
any divergence of views or disaccord
should supervene after the verdict of
the judge of Valparaiso, such controversy
would be left to arbitration.
The undersigned fastened to
declare that he would fully
accept such agreement, for the govern
ment of Chile, for submitting to arbitra-
ton, in terms as ample as those above
indicated, any differences of views which
it may have with the government of the
United States.
Concerning the incident of the Bal
tinore, there is therefore submitted to
the honorable secretary of the state
department. of foreign relations at
Washington the designation of the su-
preme court of justice of the United
States as the tribunal of arbitration, to
determine the reparation which Chile
may have to make for the lamentable
occurrence.
''As for the dispatch addressed under
date of the 11th of December to the
Chilean minister at Washington, by the
minister of foreign relations of the pro-
visional government, the undersigned
submits that there could not be offense
intended to the government of the
United States, with which it desires
ever to cultivate most friendly rela-
tions. Consequently the undersigned
deplores that in that telegram
were employed, through error
of judgment, expressions which
are offensive in the judgment of
your government. Declaring in the full
fillment of high duty of courtesy and
sincerity, toward friendly nation, that
the government of Chile absolutely