St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-01-29


edge. On the contrary, took occasion
to inform you on the LIST of January that
my government authorized me to con-
clude an agreement looking to arbitra-
ton, and my government subsequently
approved the agreement concluded by
me with you, of which l also Informed
you.
AS the criminal trial initiated at Val
paradise has not yet come to an end, my
government has not yet been able to
reply to the demands made by that of
the United States. The various docu-
mentS and antecedents to which have
called attention in my foregoing COM
munlcationS were designed to inform
progress of the judicial investigation
and of the facts thereby elicited; they
do not. however, constitute reply,
which can only be given when the facts
are definitely brought to light by the
sentence which must be pronounced by
the courts.
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 which is beng held at Valpar-
also, where the oifeuSeS were commit
ted. This testimony may be useful for
disciplinary or administrative purposes
in the United States, but it cannot serve
as the basis of judicial sentence,
either in Chilli or in the United States.
The copy which have today had the
honor to send you of the statement
made by one Of the Seamen of the Bal
tlmore at Valparaiso shows that that
seaman made no charge against the
police. The charges which he makes
here in the absence of the accused par
ties, in contradiction of his first state
ment, can have no value, either in law
or in your enlightened OPINION. 1t IS
to be observed, moreover, that this
statement made by the seaman at
Valparaiso is 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 the deponents with conf
dence. You were pleased to state in
your instructions to MIR. Egan that the
Undersigned has not communicated to
the United States government the note
that was addressed to him by Mr.. Malta
on the 18th of December last. The first
time that the honorable secretary of
state saw fit to call my attention to the
aforesaid note of Mr.. Malta, told him
that that note contained instructions
addressed to NE by Mr.. Malta, ana that,
as had not been directed to communi-
cate it officially to the department of
state, there was no reason why the hon
orable secretary should take cognZance
of it. l further reminded you that it
was doctrine established by the Amer
lean government that documents ex-
changed between the department of
state and diplomatic representative of
the United States in foreign countries
could not form a subject of discussion
for foreign governments.
also took the liberty to remind you
of the case of the illustrious Webster
and the representative of Austria in
1850. The Austrian government COM
planned at that time because it con-
Sidered the instructions sent to a repre-
sentative of the United States unjust or
dlsrespectful to Austria, the said in
structionS having been published in
message of the president, who sent it to
the senate. This department" said
Mr.. Webster, has on former occasions
Informed the ministers of foreign pow
erS that a communication from the
president to either house of congress is
regarded as a domestic communication
of which. ordinarily, no foreign state
mas c0gnlZance, and in more recent
cases the great improperly of making
such communications subject of cor
respondence and diplomatic discussion
has been fully shown"
The circumstance of publicity does
not change the character of communi-
cation in the opinion Of Mr.. Webster,
because such is the common and usual
mode of proceeding" in the communica-
tons of the president and the senate.
1t was therefore in the nature of
note, and no other reason that | based
my abStentien from communicating to
you the instructions which Mr.. Malta
had sent to me on the 18th of December,
l had the honor so to inform you.
| added, however, that 1t was far from
being the purpose of my government to
act i'll a manner at all offensive to the
president of the United States Or to any
member of his cabinet, and thai Mr..
Mattas note, if rightly Interpreted, adj
mltted OF 10 such construction.
| afterwards had the honor 10 inform
you that L had received instructions
from my government to inform the
United States, considering the views
expressed by MeSsrS. Buchanan and
Webster in 1S49 and 1850, that the mes
sages sent by the president to congress
are domestic communications which
cannot serve as Il basis for the interpre-
tation of foreign powers or their repre-
SentatNeS, my government had no OBJ
lection to striking out of the note of
Dec. II such words as might be con-
sidered disagreeable by the United
States government.
On the 18th inst. an official telegram
was published, which had been ad-
dressed by the commander of the York
town to the secretary of the navy.
tha
offensive to the government OF Chill,
and, in view of what we had said con-
corning the note Of Dec II. | deemed it
my duty to call your attention to that
telegram. The lofty spirit of Justice
which characteriZes you did not permit
you to hesitate to tell me that the word
ing of said telegram was improper and
Objectionable. This declaration on
your part, which was as impartial as it
was just, terminated the incident.
Since the early part of the month of
October, when | had the honor to be
invited TO all unofficial conference with
the representatives of the department
of state (aS the credentials which ac-
credited me as minister of Chill had not
yet arrlyed), ii has been repeated to me
on various occasions by the United
States government that if the repre-
tiago was not persona grata to the
government of Chill. it was sufficient
for the government of Chill so to state.
and that the said representative would
be succeeded by another.
1t is rule based upon the nature of
diplomatic relations, and designed to
make them frank and cordial, that the
representative of a nation must be
persona grata TO the government to
which he is accredited. In the confer
ence with which you were pleased to
favor me on the 30th inst | had the
honor to state that the representative of
the United States at Santiago was not
persona grata TO the government of
Chlli, which would be very glad to re-
ceive another representative from the
United States. You were pleased to
acknowledge that the government of
Chilli had right to ask that change be
made. Afterwards. having your notice,
l addressed to you in writing the same
communication which l had made to
you verbally.
] have deemed it my duty to state in
this note the foregoing facts, which
show the friendly and cordial purpose