The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-01-29

/ w 1CCCDb dIl3IJIdllOH HAS D06n
the basis OF several OF our conferences,
! especially that of the 18th inst, and no
| ahtecedent or fact interfering Herewith
! mas come to my knowledge. On The con-
lrafy, took occasion to inform you on
/ the lst OF January that my Government
| Suthorlzed me conclude an agreement
| LOOKING TO arbitration, and nv Govern
ment subsequently, approved the agree
| Inent concluded by me with you, of
! which l also informed you
AS the criminal trial initiated at Val
| paralso has not come 10 an end, my Gov
eminent has not yet been able to reply 10
| demands to that of the United States
Inc various documents and antecedents
TO which have called your attention in
my foregoing communication were de-
signed TO inform the United States Gov
efnment OF the progress of the judicial
investigation and Of the facts thereby
elected. They do not, however, consti-
tute reply, which can only be given
when the facts are definitely brought to
light by the sentence which must be pro-
nounced by the courts.
The testimony which the Government
OF the United States has caused to be
taken IN California from the crew of the
Baitlmore cannot take the place of the
trial being held at Valparaiso, where the
| offenSe was committed. The testimony
may be useful for q disciplin;ng or adj
mlnlstratlve purpose in the United States,
! but 1t cannot serve as basis of judicial
! sentence, either in Chile or the United
States.
A copy which I have to-day had the
honor to send you, of a statement made
by one of the Seamen of the Baltimore at
Valparaiso, shows that the seaman made
no charge against the police. The charges
which he makes there, in the absence of
the accused parties, IN contradiction of
his flrSt statement, have no value either
IN law or in your enlightened opinion. 1t
Is TO be observed, moreover, that the
statement made by this seaman at Valpa-
ralSo was attested by the Judge, by the
signature Of the seaman himself and by
that OF the interpreter, who was an officer
or the Baltimore, and who had been APP
pointed Tor the express purpose ofinspir-
ing Opponents with confidence.
GU were pleased to state in your in
structions to Egan that the undersigned
has not communicated to the United
States Government the note addressed to
hIm by Malta on the 18th of December
last. The first time the honorable Secre-
tary of State saw tit to call my attention
TO the aforesaid note of Malta, | told him
! that the note contained instructions adj
| dressed to me by Malta, and that as / had
not been directed to communicate Off
claIly to the Department of State there was
no reason why the honorable Secretary
should take cogniZance of it. | further
remind you that it was the doctrine es-
tabIlShed 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 the
! subject OF discussion for foreign Govern
! mentS. L also took the liberty to remind
! you OF the illustrious Webster and the
representative OF Austria in 1880. The
Austrian Government complained at that
! time because it considered the inStruc-
! tons sent TO the representatives of the
! United States unjust or disrespectful to
] Austria, the said instructions having
| been published in a message of the Pres
| ldent who sent it to the Senate.
This department" said Mr. Webster.
has on a former occasion informed the
! Ministers of foreign powers that COM
munication from the President to either
| House Of Congress is regarded as do
mestlc communication, of which, ordi-
narlly, no foreign power has cognizance,
and in more recent cases the great imprO-
priety of making such communication
the subject of correspondence and diplo-
matte discussion has been fully shown"
The circumstances of publicity does not
change the character of the communities
ton, in the opinion of Webster, because
such IS the common, usual mode of pro-
ceedlng" with the communications of the
| President and the Senate. 1t was, there
fore, on the nature of the note. and on no
other reason than that, l passed by alb
! stention from communicating to you the
| instructions which Malta had sent me on
the 18th OF December, and had the honor
so to inform you. l added, however,
that 1t was far from being the purpose of
my Government to act in manner at all
offensive to the President of the United
States or any member of his Cabinet, and
that Matta's note, if rightly Interpreted
admitted ofno such construction. | after
wards had the honor to inform you that
received instructions from my Govern
ment TO inform that of the United States
that III consideration of the views ex-
! pressed by Buchanan and Webster in
l849 and 1850, that the messages sent by
/ the President to Congress were domestic
! communications which cannot serve as q
/ basis for the interpretations of foreign
! powers or representatives, my Govern
ment had no objection to the striking out
! of the note of December 18th such words
! as might be considered disagreeable to
the United States Government.
Oh the 18th inst. an official telegram
was published, which had been addressed
! by the commander of the Yorktown to
the Secretary of the Navy, couched in
terms offensive to the Government of
Chile. In view of what we had said con-
corning the note of December 18th. I
deemed it my duty to call your attention
to that telegram. The lofty spirit of JUS
tice which characterizes you did not per
NIT you to hesitate to tell me that the
wording of said telegram was improper
and Objectionable. This declaration on
| your part, which was as impartial as lust.
! terminated the incident
Since the early part of the month of
October, when [ had the honor to be
invited to unofficial conferences with
I representatives of the Department of
State, the credentials which accredited
me as the Minister of Chile had not yet
arrived.
1t has been repeated to me on numer-
Gus occasions by the United States Gov
eminent that if the representative of the
United States was not persona, grotd to
the Government of Chile it was sufficient
for the Government of Chile so TO state,
and that 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 nation
must be persona gydt0 to the Government
| to which he is accredited.
/ In the conference with which you were
! pleased to favor me on the 10th inst. |
had the honor to state that the repre-
/ sentative OF the United States at Santiago
was not persona grdta to the Govern
ment Of Chile, which would be
very glad to receive another repre-
! sentative from the United States.
You were pleased to acknowledge that the
! Government Of Chile has the right to ask
that change should be made. After
ward, 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 of our con-
ference, in which you took the most i'm
portant part. With sentiments, etc.,
PEDRO MONT.