Circular to the Governments of America
Mr. Minister:The occupation of the Chincha islands by the naval forces of Spain, in the Pacific, has caused in the mind of the government of Chili the most profound and painful impression, and has awakened throughout the whole republic lively alarms, which will make themselves equally felt from one extremity to the other of the American continent.
The commissioner of her Catholic Majesty and the commander-in-chief of her naval forces in the Pacific, under whose immediate responsibility this act appears to have been perpetrated, have not been unaware of its gravity, and have endeavored to justify it, setting forth in the declaration issued from the anchorage of the Chincha islands the reasons which have decided them to take this resolution.
If this measure be considered as an act of reprisal, undertaken for the purpose of obtaining reparation for any injury or offence offered to Spain by Peru, it is necessary to inquire whether the moment had arrived to appeal to an almost extreme resource, when the pacific measures employed among nations to avoid the calamities of war had not yet been exhausted.
The right assumed by sovereign nations to do themselves justice has well-defined proceedings, which the constant practice of nations has erected into tutelar principles of peace and harmony, whereon repose the mutual well-being of societies. To depart from them without a justifying motive would be an offence affecting not only the interests of the people towards whom it was offered, but also involving a deviation from those common and obligatory laws, in whose faithful observance all the members of the great family of sovereign and independent nations should interest themselves.
The declaration issued by the commissioner of her Catholic Majesty and the commander-in-chief of her Pacific squadron, besides being open to just censure under the point of view indicated, involves the sanction of principles which place in doubt the independence of Peru, provoking a conflict for all America. The government of Chili, therefore, cannot otherwise than reprobate, as it does, in the most explicit manner, such doctrines, and protest against them, notwithstanding that it is confident that they will not receive the sanction of the government of her Catholic Majesty.
The independence of Peru and her existence as a free and sovereign nation is a fixed fact, and it would be necessary to efface the history of half a century to even place it in doubt, converting into a simple truce that which has been and is a peace of indefinite duration, universally accepted and recognized, in [Page 182] fact, by Spain herself in a long series of public and official acts. The government of her Catholic Majesty for many years has not ceased to call republic that which was formerly her colony; it repeats the same in the credential of the commissioner which it has sent to Lima; it has admitted her consuls, and consented that her ships frequent the ports of the Peninsula; a reciprocal and uninterrupted commerce has been maintained between the two countries, and finally Peruvians have been considered as foreigners on the Peninsula, precisely as the Spaniards have been considered in Peru. As a sovereign state Peru has entered into treaties of peace, friendship, and commerce with nations of both continents; and in presence of these facts, known to the government of her Catholic Majesty, can the absence of a solemn recognition have any importance in the eyes of truth and international law so as to found thereon a state of truce? Every truce supposes a state of in communication, and it may be even said that this characterizes it. Nor is a close made to an armistice of long and indefinite duration without previous notice of the intention to renew hostilities, an essential formality, as we are taught by the constant practice of ancient and modern nations.
In the opinion of the commissioner of her Catholic Majesty and of the commander-in-chief of her squadron in the Pacific, the crown of Castile is disposed to revindicate the proprietorship of the Chincha islands, and appears to derive this right as a legitimate corollary of the supposed state of truce. A nation constituted for forty years, exercising with independence rights belonging to sovereignty within the entire precinct of its territory, is not, nor can it be, subject to the right of revindication. The seizing of the Chincha islands by the Spanish squadron in such case becomes a material act, consummated by force, and, wanting in the proper characteristics of a legitimate act, the right of vindication would become a true right of conquest.
The armies of Chili fought together with those of Peru in the war of independence; the two republics were one in a common cause, as were also all the American sections. Were hostilities again to break out, there having been nothing but a truce de hecho, (de facto,) what is the situation in which the ancient belligerents and their allies would find themselves forcibly placed throughout the entire continent?
The government of Chili, in presence of so grave an event, considers it its undeniable duty to deny in the most public and solemn manner the principles which serve as a base to the declaration, protests against the occupation of the Chincha islands by the naval forces of her Catholic Majesty, and does not recognize, and will not recognize, as the legitimate owner of the said islands, any other power than the republic of Peru.
I feel convinced, nevertheless, that the government of her Catholic Majesty will not approve the principles proclaimed in that declaration, since, if the principle of revindication be sanctioned, that of reconquest would be approved by implication, and the American republics would find themselves obliged to unite their forces in order to maintain the integrity of the territory of a sister and independent republic. It would be painful that the rapid and inevitable development of events should cause complications to arise, either retarding the settlement of an international question, to which the government of Peru manifests itself disposed to lend due attention, so as to arrange in a stable and permanent manner its differences with Spain, or preparing new difficulties which considerations of a supreme order would counsel the American governments to avoid opportunely.
The manifestation which I have just made, in compliance with the orders which I have received from the President of the republic, will be deemed, I trust, by the government of your excellency as the faithful expression of sentiments common to all America. The government of ——, abounding in the same sentiments, will be pleased doubtless to know the views of that of Chili, [Page 183] and her disposition to act in accord and prevent a conflict which might disturb the peace of this continent, interrupting the friendly relations which happily she has cultivated, and earnestly desires to cultivate, with the Spanish nation.
I have the honor to offer to your excellency the testimony of my highest consideration with which I subscribe myself your excellency’s most obedient servant,
The Most Excellent Minister of Foreign Relationsof ———.
B.