The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-02-04

the iOnorable secretary Of state, un
der gued must state 70 your excel
len. ) the regret with which the gov
eminent of Chile secs that his excel
leACy, the president of the United
States. finds reason to continue to re
gard the incident of October as an at
tack caused by q hostile feeling to-
wards the uniform of the navy of the
United States. That unfortunate oc
currence took place on a sudden i'm
pulse, in a district where sailors Of
vessels lying in the bay of Valparaiso
are in the habit of as sembling without
distinction Of nationality. From the
nature of the incident it would be inn
| possible to prove. There is no doubt
as to the special cause which served
as the origin or preteXt, but under
| signed can assert that the cause was
no hostile feeling toward the uniform
of the navy Of the United States, be-
cause the people of Chile have es-
teemed and respected that uniform
since the time when it saw it fighting
honOrably in the ranks of soldiers and
sailors, who in a glorious struggle
gave it independence and established
u republic.
Undersigned admits the occurrence
of October Is as being of greater
gravity than those which usually oc-
cur in the same district between the
sailors which frequent it, and the fact
of knowing that two deaths resulted
from it among the sixteen wounded
men of the Baltimore, has. suf1iced to
give it an extraordinary character
nd n 4 10 MT Of hi n 70
hasten to adopt the measures neces-
sary to discover and punish the guilty
parties and to offer in due time, if
there should he ground for so doing,
such reparatiOn as might be due. The
preliminary examination was COM
menced on the morning which fol-
lowed the night of the conflict some
days before you presented your com.
plant, but the investigation could not
be finished with the rapidity that the
government Of Chile desired, because
the rules of procedure in criminal mat
tiers which have been established by
our laws are Of slow application, and
it was not possible for the president
Of the republic to modify or set them
aside.
This delay, which was inevitable,
owing to the independence with
which the judicial authorities must
act, compelled the government OF I'M
dersigned to delay, greatly TO its re-
gret, the settlement of the difficulty
with your government and a spOn-
taneous offer of reparatiOn for any
injury done 10 the sailors Of the Balti-
more, aad that might be attributed to
the Chilean soldiers or sailors, or
might affect the possibility
Chile. In view Of your communica-
ton, and considering that up to date
it has been impossible for the trial in
itiated by the Judge of the criminal
court OF Valparaiso to be decided, I'M
dersigned regards it his duty to de-
clare once more that the government
of Chile Iaments the occurrence of
Oct. Is, and by way of showing the
sincerity of this feeling and
the confidence it has in in
justice of its cause, he
declares its willingness not to await
the decision of the examining Judge
and proposes to the United States
that the case be sub
mitted to the consideration of the SUI
preme court of justice at Washington
to the end that that high tribunal
with its learning and impartiality de-
termine without appeal whether there
is any ground for reparation and in
what shape it should be made.
Undersigned would remind you in
reference to the conduct of the Val
paraiso authorities that it appears
from the preliminary examination
that they sent without delay to the
scene of the conflict all the forces at
their disposal belonging to the special
guard of the lntendencia and to the
police. Swanson, Cogo, Nichols,
Darony, HOuce, Cunningham, Will
Iiams, Tolbot, Holland, Hoge,
etc, seamen belonging to the
crew of the Baltimore,
stated to the Interpreter that
the object of the police in arresting
.he men was to shelter them.
Undersigned thinks the action of
.he police in this matter should be con-
'idered with due allowance for the
'ivil war which has recently been
to close. The body has not
yet been properly organized, nor did
L have the force required to put down
l disorder of such proportions in that
short time. In this connection il is
proper to recall the words used by the
Hon. Secretary of State at Washing
on in a note addressed to the Marquis |
and bearing date of May u,
1901: "There is no government, how
aver civilized it may be, however great |
nay be the vigilance displayed by the |
police, and however severe the crimi- |
nal code may be, and however speedy |
md intleXible its administration of !
ustice, that can guarantee its own
citizens against the violence growing
nut of individual malice or sudden |
popular tumult."
This was precisely the situation of
he administrative authorities at Val |
)araiso on the occasion of the occur
'ence which took place in October. |
Undersigned hopes the foregoing will |
convince the honorable secretary of
state that the government of Chile at |
aches due Importance to the question |
low under discussion; that he does |
lot for moment hesitate to condemn |
Ii vigorous terms the act committed |
N the 10th of October, or offer such |.
'eparation as is just, and that he has |
lot neglected the opportunity to ex-
press these sentiments before now on
various occasions, and through the |
Alnpi 1rias nr lntl, l,