Mr. Perry to Mr.
Seward
No. 214.]
Legation of the United States,
Madrid,
July 23, 1865.
Sir: The diplomatic correspondence under date
of the 13th, 16th, and 20th of May last, between the representative of
her Catholic Majesty, Sr. Tavira, at Santiago de Chili, and the minister
of foreign relations of that republic, Sr. Covarrubias, which you will
probably have seen, having been published in the Spanish newspapers, has
been denounced in unmeasured terms by the ministerial press of the
capital as shameful and derogatory to the dignity of Spain. It being
pretty evident that the solution of the questions in debate between this
government and Chili, which had been accepted by Sr. Tavira, could not
be approved by the Queen’s government, I took advantage yesterday of the
weekly reception granted to foreign representatives by Mr. Bermudez de
Castro to recur to the subject of your instruction No. 78, of March
21.
Without in any way seeking to give an air of too much importance to my
remarks, I stated frankly to Mr. Bermudez de Castro that the government
of Chili had addressed you on the subject of their differences with
Spain, and that you had authorized me to use my good offices to soothe
irritation, and prevent, if possible, any serious misunderstanding
between the two governments in question. That the United States had no
other motive than the desire of peace, and had authorized me to take no
part and offer no counsel except such as was dictated by a spirit of
impartial friendship to both parties at variance.
I had seen Mr. Benavides in that spirit, who had given me certain
assurances relative to the policy which would be pursued by Spain
towards Chili, which had inspired me with the hope that cordial
relations would, on that basis, be promptly restored between Spain and
Chili. I had noticed, however, that the press in Madrid considered
friendly to the present cabinet had bitterly denounced what was called
peace with Chili, and seemed to intimate that the solution arrived at by
Mr. Tavira would be disapproved and a change of policy adopted towards
Chili by her Majesty’s government. I wished Mr. Bermudez de Castro to be
informed of the antecedents between Mr. Benavides and myself, and for
this purpose handed him a copy of my despatch to you of May 12, No. 197,
giving an account of an interview therein related.
Mr. Bermudez de Castro, after reading that paper, said, in substance,
that Mr. Benavides had, in fact, communicated to Mr. Tavira instructions
in the sense therein related, under which he was not to insist on any
indemnity, but to claim that the objectionable acts and grievances
suffered by Spain, which Mr. Bermudez de Castro repeated substantially
as they are set forth in Mr. Tavira’s note to the Chilian government of
May 13, (printed copy enclosed,) should be disavowed or satisfactorily
explained by Chili, and that the Spanish flag should be formally
saluted, which salute they had offered immediately to return.
Mr. Tavira, however, had not obeyed these instructions. Just previous to
receiving them he had, on the 12th May, written a despatch to Admiral
Pareja, and sent it off by the war steamer then waiting his orders at
Valparaiso, saying that he had had recent conferences with Mr.
Covarrubias, and that all the Chilian government could do was what he
therein related and which coincides substantially with the contents of
Mr. Covarruhias’s note of the 16th May, as subsequently published, (9
V., enclosed,) that he, Mr. Tavira, considered this unsatisfactory and
he would not accept it; he begged, therefore, Admiral Pareja to send him
a force of vessels from the fleet, as the only way to get something more
satisfactory from the Chilian government; that the departure of the war
steamer with his despatch for the fleet would probably produce some
impression, but that he would not send in his formal note repeating the
grievances for which Spain expected satisfaction until four days later,
(16th May,)
[Page 546]
in order to give
time for Admiral Pareja’s reply, with the vessels solicited to approach
the Chilian coast. Mr. Bermudez de Castro said that Sr. Tavira then
received the instruction of Mr. Benavides before referred to on the 14th
May, and that notwithstanding their plain import, on the 15th May he
wrote and sent in to Sr. Covarrubias his note dated the 13th May, so as
to appear to have been written before he got Mr. Banevides’s
instructions, in complete neglect of his own statement to Admiral
Pareja, that he would wait four days before taking that step. That the
note of Sr. Covarrubias of the 16th May, in reply, was substantially the
same, as was foreseen in Mr. Tavira’s despatch to Admiral Pareja,
declared by himself wholly unsatisfactory, and that in fact it did not
contain the points he was instructed by Mr. Benavides to insist upon as
indispensable. That Mr. Tavira’s reply to Mr. Covarrubias on the 20th
May, six days after he had avowedly received Mr. Benavides’s
instructions, could hardly be accounted for. But Mr. Bermudez de Castro
said that this action of Señor Tavira had been immediately disapproved
and denounced by Admiral Pareja, and that it would not be accepted by
her Majesty’s government.
On the contrary, Señor Tavira would be immediately removed from his post
and ordered to return home and give account of his proceedings. That
Admiral Pareja would be instructed to proceed with such force as he
thought sufficient to Chili, and propose to that government such terms
of arrangement as were consonant with the dignity of Spain, which, if
they were accepted by that government, would terminate the matter, and
Spain ivould immediately commission another minister to reside at
Santiago in place of Mr. Tavira, resuming all the forms and substance of
perfect friendship and good intelligence between the two governments,
which were the only relations desired by Spain. But if these terms of
satisfactory arrangement should be refused by Chili, then Admiral Pareja
would be instructed to exact them by force.
But there would be no change of policy on the part of the Spanish
government. The terms of settlement to be insisted upon were those of
Mr. Benavides’s instructions—disapproval or apology for the grievances
set forth, and the Spanish flag to be saluted, which salute would be
immediately returned and no indemnity for the damages suffered by Spain.
These, I must understand, however, were the terms for a peaceful
settlement.
If they were refused, and Admiral Pareja should be forced to take
measures of another kind, then Spain reserved her right to exact
indemnity for the past— indemnity for her war expenses, and guarantees
for the future according to her own sense of her rights and her ability
to enforce them. But here also the first act of Admiral Pareja would be,
under his instructions, to address a circular to all the Spanish
American republics, assuring them that Spain had no designs upon their
territory or independent sovereignty, and no desire for any especial
favor or influence in any of them. That Spain would treat them in all
respects as foreign and independent states, and that she expected to be
treated by them not with any special favor or consideration, but with
precisely the same courtesy and consideration which of right belonged to
every other foreign nation in its intercourse with those republics; no
more and noi less.
And Mr. Bermudez de Castro added, speaking more directly to me, that if
Chili, or any one of those republics, were to offer him its territory or
any part of it, he would not accept the gift. He would not accept the
Chincha islands, though it would seem they at least might be turned to
some account.
He said also that Admiral Pareja would be permitted by his instructions
to communicate with the foreign representatives and consuls in Chili,
freely informing them of the steps he should take with the Chilian
government, and that he would be glad of their good influence to aid in
securing a peaceful termination to this difficulty.
I inquired what would be the nature of Adibirai Pareja’s measures in case
Chili should not accept the proposed settlement.
[Page 547]
Mr. Bermudez told me that he would be instructed then to put the whole
Chilian coast under blockade. And in reply to further questions, he said
that the blockade would last for one month, and if the Chilian
government had not in that time concluded to accept the conditions
offered by Spain, the admiral would be authorized to perform any and
every other hostile act against the power and prosperity of Chili,
recognized as legitimate in a state of war, throwiug upon the government
of Chili the responsibility.
I have thus given the substance of this interview, and Mr. Bermudez de
Castro has since read and approved the same.
With the highest respect, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington.
[Documents on the arrangement with
Chili.-Translation.]
Legation of Spain in
Chili,
May 13, 1865.
Your Excellency—My
Dear Sir: The unpleasant events which occurred in this
place about the 1st of May of the past year, by reason of the
Hispano-Peruvian question, obliged me, as the minister resident of
her Majesty near your government, to transmit to you the notes dated
4th, 13th, 23d and 28th of May, 8th June, 4th July, 21st and 27th
September, 6th and 26th October, 12th, 23d and 24th November, 7th
and 15th December.
Your excellency, in reply, addressed to me those dated 14th, 15th,
28th and 31st of May, 4th and 7th of July, 24th and 29th of
September, 4th and 24th of October, 7th, 8th, 19th, 28th and 29th of
November, and 14th of December, of all which I gave opportune
information to her Majesty’s government.
The pacific and friendly solution of the Hispano-Peruvian question
has occurred to justify, what I always told your excellency, that it
was an isolated fact. If your government did not accord to this the
assent due to it; if the press created imaginary phantasms to have
the pleasure of combatting them, and misled public opinion, and your
excellency did not think proper to impose on it the wholesome
corrective which you might, within the bounds of law, I will not for
that fail to congratulate myself for having fulfilled my duty. The
word corrective I have used generally in the
notes of which I have made mention, and I have arrived at the
persuasion that you did not give to it the true and genuine meaning,
because, were it not so, I should not know how to account for it
that your excellency could not interfere with the extravagances of
the press and of public opinion, without infringing any law, having
at your disposal the official newspaper, the parliamentary tribunal,
&c.
On the very day, I noticed, with pain, that moderation and propriety
were far from being the guide of all the publications.
I, who, as representative of her Majesty, who, in the early days of
the contest, limited myself solely to uttering pacific assurances
and proper protests in defence of the rights of my nation, will not
pass beyond the limits of moderation and justice on account of the
constant intemperance of some writers, most of all when results have
justified my forecast and loyalty. But as the deplorable events
pointed out occasioned special action, in compliance with what is
settled in article 12 of the treaty concluded between Spain and
Chili, which says: The republic and her Catholic Majesty, desiring
to maintain the peace and good accord which happily has now been
established by this present treaty, declare solemnly and
formally:
That if (which God forbid) the good understanding which ought to rule
in the future between the contracting parties should be interrupted
through want of comprehension of the articles here agreed upon, or
for any other cause of offence or complaint, neither of the parties
shall be authorized to sanction acts of reprisals or hostility by
sea or land without having presented beforehand to the other a
justificatory memorial of the motives on which it founded the injury
or wrong and the dénégation of competent satisfaction.
I place before your excellency that the government of her Majesty
believes that the government of the republic has infringed the law
of nations, the treaty aforesaid, and that it has given offence—
1. In that measures were not taken to avoid affronts given to its
flags on the 1st of May of the year last past, as your predecessor
Señor Don Manuel Antonio Tocornal offered to me, and the commandant
of the municipal battalion, who remained impassible in front of the
legation, making his troops mark time during the act, was not
brought to trial.
2. In that your predecessor made to the Hispano-American republics
the protest of the 4th May of the previous year, thus infringing
what is settled in article 12 of the treaty between Spain and
Chili.
3. In the government not applying the wholesome correctives to
aberrations of public opinion within the limits authorized by law
and urged upon it by duty.
[Page 548]
4. In that in proportion as it allowed the Peruvian war steamer
Lerzundi not only to take in supplies of
coal, provisions, and powder, but also to establish a bounty on the
enlistments of seamen, (of which it took off three hundred men, a
few more or legs, who were allowed to embark after the port was
closed,) it placed obstacles in the way of sending supplies to her
Majesty’s squadron.
5. In that it did not order the institution of the preparatory
proceedings asked for by me to investigate
the truth as to the expedition of volunteers who assembled at
Valparaiso, and armed, uniformed, and announced by all the
newspapers, it permitted to go from that port for the coasts of Peru
in the Dart; and in that the intendant of Valparaiso and the chief
of police refused to detain the arms, clothing, munitions, and
medicines of the expedition, on the verbal application of the
vice-consul of her Majesty at that port.
6. In that it did not take the measures necessary to remove the fear
diffused among the peaceful inhabitants of the republic by the
anathema fulminated through the defamatory libel called San Martin,
in the third number of the 7th September, in which it menaced with
the popular anger every one who should supply the Spanish vessels or
their agents with even a single pound of flour, a lump of coal, a
drop of water, &c.
7. In that the Vencedova, having arrived at Lota, (doubtless because
of the foregoing anathemas,) was treated as an enemy, coal, &c.,
was refused to her, and the maritime governor disregarded the
protest of her commander; and in the government having issued the
decree of the 30th September, approving the conduct of that
functionary, instead of instituting the proper preparatory
proceeding for investigating such an unusual transgression in order
to proceed according to law.
8. In that the government declared coal to be contraband of war, with
the object of prejudicing Spain and belligerents against this
country and peru, knowing it was not, and without considering that
it put itself in contradiction to what the minister plenipotentiary
from Peru said on the 4th July last.
9. That the government of the country knew that Spain was not in
declared war with Peru, while it was evident that the French empire
was with the republic of Mexico; that Spain, by the 10th article of
her treaty with Chili, has the right to be treated as the most
favored nation, by which it ought at least to enjoy for the supply
of its squadron the same franchises as are conceded to the empire,
and therefore it is that, as the slightest obstacle never was
opposed to the empire supplying itself with coal, munitions, and
provisions, directly, such was prohibited to Spain—the treaty was
infringed.
10. In that, after the government had declared itself to be neutral
between Spain and Peru, it permitted for account of the latter the
purchase of horses, and their embarcation on three occasions at
Valparaiso, notwithstanding they are declared contraband of war by
the law of nations.
11. In that, notwithstanding my conclusive notes of 21st and 27th
September, 6th October, and 7th and 15th December, the government
did not take the measures which the law authorized it to do against
the defamatory libel called San Martin, the most indecent which to
this time has issued from the most degraded press.
The government of her Majesty, which holds as the rule of its conduct
that every one jealous of his own honor should look to that of his
allies as his own, will be willing to receive the solemn
declarations which the case demands, provided they are compatible
with its dignity.
I reiterate to your excellency the assurances of the distinguished
consideration with which I am your obedient, faithful servant,
The Minister of Foreign Affairs of
Chili.
[Translation.]
Department of Foreign Affairs
for Chili, Santiago,
May 16, 1865.
Sir: I have had the honor to receive the
note which, under date 13th of this month, you have been pleased to
address to me, in order to place before me that the government of
her Catholic Majesty believes that the government of the republic,
in the course which it has observed since the 1st May of the year
last past by reason of the Hispano-Peruvian question, has done a
wrong to it; at the same time that international law and the treaty
existing between the two countries is infringed. At the same time
you signify to me that the government of her Catholic Majesty, which
holds, as the rule of its conduct, that every government which is
jealous of its honor should regard that of its allies as its own,
will be disposed to receive the solemn declarations which the case
demands, provided they are compatible with its dignity.
In the note referred to my government sees with regret that its frank
and -well-meant policy during the bygone Hispano-Peruvian conflict
has been appreciated in a manner little favorable to it, but is
justly gratified in observing the enlightened spirit of conciliation
which moves that of her Catholic Majesty to desire, as mine does, a
solution friendly and satisfactory to C hile and Spain of the
difficulties which at present paralyze their good understanding.
[Page 549]
Although, in the
correspondence which it fell to me to have the honor of maintaining
with you through the course of the year last past are to be found
expressed at large the causes to which pending difficulties owe
their origin, as well as the legitimate motives which determined the
action of my government in the complications between Spain and Peru,
my government makes it a duty to enter into a fresh examination of
the facts to which you call its attention.
I venture to hope that this fresh examination, inspired by the honor
and dignity of the republic, will achieve the rectification of the
opinion of your government in regard to the sentiments of mine, and
will place in fair light that, far from purposing to fall short of
the duties which, in regard to Spain, the law of nations and the
treaty of recognition and friendship which it has concluded with it
impose on it, the government of Chili has deplored, as you do, the
unpleasant events which have occurred, and most especially the
publication of the San Martin, and has known
how to fulfil completely those duties under all circumstances, and
despite the thousand impediments it has found in its way.
But it is necessary that the government of her Catholic Majesty
should persuade itself that the anomalous mode employed for the
occupation of the Chincha islands by the agents of Spain, and the
strange principles proclaimed to that effect, were the cause of all
that has occurred. In those proceedings, in the impressions which
they produced on the country, and in the conjectures to which they
gave place, you should seek the explanations of all the incidents.
My government would also turn to make an investigation and analysis
in detail of such irritating causes if it were not for the desire to
keep at a distance occasions for recrimination of every nature, and
if it were not its belief that every motive for complaint should
disappear before the explanations, which I pass on to give to your
excellency, with the frankness and loyalty never swerved from by the
government of Chili.
To the incident which happened on the 1st of May of the year last
past, in front of the residence of your legation, my government
cannot suppose that you would attribute importance to it, except for
the note addressed some days afterwards by you to this department.
In view of that it hastened to collect the information requisite to
an estimate of the nature and gravity of the case; and from this it
appeared that the incident was owing to an inconsiderate outburst of
the moment, by good fortune suppressed in the very act, and to an
entirely accidental circumstance. The battalion of the national
guard, which was present on that occasion, far from authorizing, or
by its presence encouraging any offence to the flag of her Catholic
Majesty, was the first to prevent or repress it. In fact, on the day
cited, an assembly of the people was to gather in the municipal
theatre; part of the crowd which was going to it passed
inadvertently in front of the house occupied by your excellency, and
in doing so some odious cries were heard. But those cries, called
forth by the excitement produced by the recent accounts of the
events, at Chincha, and inevitable at every numerous assemblage in
which excitable temperaments are never lacking, found no echo from
the majority of the meeting, nor were they followed by any act
derogatory to the flag of your legation. If any pretended to infer
such, such were restrained from their punishable purpose by the
assemblage itself, which thus gave unequivocal evidence of its
discretion and good conduct. The assemblage made no delay in
pursuing its course, pressed forward by the battalion of national
guards present at the time, which, by marking time behind it,
evidently intended to avoid any misbehavior which could have been
intended against the flag of Spain, and to hinder the assemblage, by
remaining there a length of time, from becoming changed into a
tumultuous crowd. From what is here stated, it follows there was no
reason for bringing to trial the chief of battalion referred to,
whose conduct at that meeting was, on the contrary, worthy of
eulogium, and that the flag of her Majesty received no insult. If
such had been received my government would have been very severe in
punishing the authors of so great disrespect, having regard as well
not only to the dignity and privileges of a friendly nation, but
also to the dignity of the republic. Happily it confides too much in
the intelligence and good sense of the country it governs to fear
that it can ever forget the inviolable respect due from every
civilized people to the flag of friendly nations.
For the rest, sir, you are not ignorant of the measures which were
taken, some days after this popular effervescence, that such scenes
should not be repeated, and you can hoist your flag with the same
security that you now do.
My government cannot discover in what the circular it addressed to
the other governments of America, under date of 4th May last past,
can be contrary to the stipulations of article 12 of the treaty in
force between Chili and Spain. Neither could the treaty have
deprived my government of the right to estimate acts which, like the
occurrences at Chincha, had such immediate relation with the
tranquillity, independence, and welfare of the republic, nor was it
within the condition of the article alluded to. At that moment my
government confined itself to examining and demonstrating the
anomalous conduct of the agents of her Catholic Majesty, and to
manifesting its confidence that the cabinet of Madrid would not
place the seal of approval on such conduct. Inspired by a legitimate
forecast, and by a sincere desire to maintain the good understanding
between Chili and Spain, that circular met with the adhesion and
sympathy of all the governments of America which have with her
Catholic Majesty alliances more or less close, and was in part
corroborated by the declarations of the cabinet of Madrid
itself.
[Page 550]
Your excellency knows very well that in Chili the periodical press is
placed beyond the reach of any social influence, and enjoys very
ample liberty for the utterance of its opinions. No less ample is
the liberty which all citizens have to meet and discuss every matter
having an interest more or less general. Public opinion, through the
multiplicity of its means of expression, through the substantial
guarantees which the political constitution and other laws of the
republic hold out to it, and through the difficulty of condensing
estimates and convictions into homogeneous order, would have evaded
any efficacious corrective, even in case my government should have
coincided in judgment with your excellency that it would have been
salutary and proper to have imposed such.
My government is gratified to observe that you now agree with it in
opinion that the best corrective of the
errors of the press is to be found ih the press itself; and, thanks
to the explanation of your idea—perhaps not previously understood in
its genuine and true meaning—in being able to rectify the
construction which it attributed to you when you indicated the use
of extraordinary measures to apply the due corrective to extravagancies of opinion.
When the Peruvian war steamer Lerzundi arrived at Valparaiso, Peru
had not declared herself at open war, nor in actual hostility
towards any nation; and if part of her territory was in the
occupation of the Spanish squadron, she appeared to await the
determination of the cabinet of Madrid about such occupation before
taking measures to put an end to it by open force. Notwithstanding
this, data in possession of my government warrant it in affirming
that the Lerzundi did not ship at Valparaiso articles of war, except
only the men necessary to make up her crew, and the provisions she
had need of to return to her port of destination.
Nor is the conduct of my government less justified in respect to the
expedition which left Valparaiso, bound for Callao, on board the
Chilian schooner Dart. That expedition consisted of a certain number
of volunteers who left the country with the purpose of passing over
to Peru. In such purpose there was nothing illicit or punishable,
since the form in which it was proposed to execute the purpose could
not Change the nature of its character. If these volunteers could
have passed over to Peru, in exercise of a lawful right, in the line
of steamers, what reason could there be that they might not do so in
sailing vessels? But it is added that they carried arms and
munitions onboard the Dart, and entertained the project of attacking
vessels of the squadron which occupied tipe Chincha islands. This
circumstance might impress a different character on the expedition,
and although nothing could be more unlikely or incredible than such
a project, orders were, nevertheless, given to the authorities at
Valparaiso to prevent the departure of the Dart, until it should be
ascertained that neither arms nor articles of war were carried on
board of her—orders which we duly and exactly complied with.
As to hindering the departure of the volunteers themselves, that
could not have been done without infringing the laws of the
republic, which pernit all its inhabitants to leave the country at
their pleasure, and without any restriction. With less reason could
they have been subjected to the action of the courts on the mere
rumors which the daily press put forth about the object of the
voyage.
You think that my government ought to have taken “measures necessary
to remove the fear diffused among the peaceful inhabitants of the
republic,” by a certain anathema fulminated through the paper called
San Martin, against those who furnished supplies to the Spanish
ships. The adoption of such measures would have assumed that some
importance was attributed to, and some influence conceded in, the
public Opinion of the country, to the publications in a newspaper
whose character very soon brought it into contempt in the eyes of
the public. Little, therefore, could it influence the mind 0f any,
or engage the attention of my government, by which the anathema in
question was passed completely unnoticed.
To have regarded as you would have wished the protect of the
commander of the Vencedora, the maritime sub-delegate at Lota would
have had! to compel by force the holders of coal to sell a quantity
of the article. That would have been to violate the most valued
guarantees which the laws of the republic secure to private
interests and persons. If the holders of coal, yielding to the
apprehensions and alarms which were everywhere caused by the
occupation of Chincha, or for reasons of another sort, refused to
supply a part of their merchandise to the Vencedora, the maritime
sub-delegate could not avoid that by subjecting them to a forced
sale.
There is less reason to infer here that this functionary was disposed
to act hostilely towards the Vencedora, inasmuch as this vessel,
while she regained at Lota, could freely repair damages, supply
herself with provisions, and take in ballast. You can very well
understand that had the sub-delegate of marine been disposed to be
hostile, the schooner would not have had facilities for any of these
operations. As little can it; be concealed from your penetration
that it would have been very easy for the owners of the coal, by
placing an exorbitant value on the article, to elude any order of
sale which they might have received from the maritime sub-delegate,
who in such case would find himself compelled to submit to seeing
his orders mocked, or to have recourse to deciding himself the price
or sale value of the article, causing to the owners a compulsory
transfer of property unjustifiable and illegal, and violating in
their respect the guarantees which the constitution and the laws of
the republic grant to per-sons, to property, and to industrial
pursuits.
The religious respect which all its governments have always
maintained in Chili for property
[Page 551]
is one of the sanctions which do most honor to
the republic, and should most commend it to the consideration of all
civilized nations.
It was natural that the sub-delegate at Lota should give an account
of his proceedings, and that on an affair of such gravity, foreign
to his ordinary jurisdiction, and really unusual for him, he should
desire to know the opinion of his government. The frank and explicit
approval which it gave him, as it will always give when the conduct
of its agents is adapted to the rules of the fundamental charters
and the laws, cannot be ground of complaint on the part of Spain,
which in any like case my government is pleased to think would have
proceeded in identical manner.
The diverse aspects which, in its course, the Hispano-Peruvian
conflict presented, imposed successively on my government a
different attitude and placed it in a peculiar situation. Thus,
while on the 4th of July, 1864, of the year last past, although it
could not be considered that between Spain and Peru a state of war
was actually existing, yet it was obliged to judge of things in a
very different manner, on the 27th of September of the same year,
when it issued a declaration about fossil coal. Then the government
of her Catholic Majesty had already resolved to maintain the
possession of Chincha, and for that purpose had sent to the Pacific
considerable re-enforcements, while, on the other hand, Peru showed
a disposition to regain by force the islands occupied. The
indefinite and anomalous condition of former days had changed,
through the acts mentioned, and the explicit and grave opinions of
the Peruvian government, to a state of war or of actual hostility,
which imposed on my government the duty to make on its part a formal
declaration. With the resolution determined on my government
proposed to itself not only to meet legally the duties of that
neutrality in which the latest events had placed it, but also to
place difficulties in the way of a war whose fetal consequences none
of the belligerents would have been able to arrest.
On issuing that declaration, therefore, it did not fall into that
contradiction that you point out, nor in putting it into practice
did it show itself to be partial to either of the belligerents. If
the ships of war of her Catholic Majesty could not supply themselves
with coal at the Chilian ports, as little was it lawful to supply it
to vessels of the Peruvian squadron.
For the rest, the right of my government to make the declaration we
are treating of cannot be put in doubt. The law of nations does not
settle anything binding as to what is the description of the
character of stone coal. The divergence which exists on the subject
reigns in the practice of the principal maritime powers, and in the
doctrines of publicists leaves every country in position to choose
in the manner it may judge most in conformity with equity and the
general principles of knowledge. But you observe that the
ships-of-war of the French nation continue to enjoy in the republic
this franchise even after the declaration of the 27th September, and
notwithstanding that empire is at open war with the republic of
Mexico. If the case had occurred it would have been completely
distinct. For many years back France maintains permanently a naval
station in the Pacific, composed of a less or larger number of
vessels, which are accustomed to take supplies, coal, and other
provisions in the ports of Chili.
On the other hand, my government has never even been notified in an
official or authentic manner that any of the ports of Mexico on the
Pacific were blockaded by the French squadron on account of the war
which raged there between the republicans and imperialists.
You find another cause of complaint against the republic for having
permitted the purchase of horses in Chili for account of Peru,
which, on three occasions, were shipped at Valparaiso. In this
respect, I will remark that Peru has always been accustomed to buy
in Chili the horses she has need of, not only for the service of the
army, but also for the labors of husbandry and industrial works. If
in war on land this article can be considered as contraband, there
is no reason for so esteeming it in a maritime war, which is the
only one that can be made by Spain.
On the other hand, the Peruvian government could not export from
Valparaiso a quantity of gunpowder which it held in the care of a
commercial house at that place, notwithstanding it was bought before
the conflict in which, at a later day, it found itself involved.
This case is sufficient to show the sincere loyalty with which my
government has fulfilled its obligations as neutral.
Finally, you complain that the government of the republic had not
taken the measures which the law authorized to punish the unworthy
and base outrages which the periodical called San Martin directed
against the person of her Catholic Majesty. The measures which in
this case my government could take were narrowed down to accusing
the periodical in question before a jury through the competent
judicial functionary before your request. The resolution which
should be adopted in this matter was of a nature so delicate and
serious, that, although my government might well suppose what would
be your will, it deemed it prudent to be informed of that in a
manner decisive and express on its part, it would have deemed itself
forgetful of the consideration due to the sovereign of a friendly
nation by placing before a jury insults and affronts which needed
not a condemnatory verdict to render them in the highest degree
despicable and odious.
Avoiding such an irritating emergency, it considered that it should
regard the honor and dignity of a friendly sovereign with the same
solicitude as it would its own, which views it deemed to be
connected with the severe attacks of which the members of the
administration are repeatedly the object of the periodic press.
[Page 552]
It always has held, and holds the impression, that it was not
incumbent on it to determine the attitude which, in the presence of
events, it might best become the government of her Catholic Majesty
to assume. In this it is supported by the confidence it feels of
having given proof of consideration and friendship in its
testimonial of deference to your wishes in respect of this
unpleasant incident.
In the re-examination I have made of the various incidents which has
given matter for our past dissensions, I flatter myself that I have
dissipated the causes of complaint set forth by you, and the doubts
which might sustain her Catholic Majesty’s government as to the real
sentiments which animate the people and government of Chili in
respect of Spain. The present explanations, which can only
corroborate those which I have before given you, are a fresh
testimonial of the constant yearning and efforts of my government
for the maintenance of the relation of friendship with Spain, and
for the removal of every obstacle which might obstruct the
re-establishment of a cordial understanding between the two
countries.
Be pleased to accept the reiterated expression of the distinguished
consideration with which I am your very obedient, humble
servant,
The Minister Resident
of her Catholic Majesty.
[Translation.]
Legation of Spain to Chili,
Santiago de Chili,
May 20, 1865.
Your Excellency—My
Dear Sir: I have had the honor to receive your note, dated
16th of the present month, in reply to mine of the 13th of the
same.
I have seen therein with great satisfaction that the same wishes
animate your government as that of her Catholic Majesty, to arrive
at a solution, satisfactory and honorable to both countries, of the
difficulties which have bedimmed their good understanding.
The sentiments which hare actuated your government amid the
unpleasant events which have occurred, and the full explanations
which you have pleased to give me on the eleven points on which
Spain considered herself offended by Chili, dissipate, in my
judgment, all the motives for complaint which my government
entertained, and will contribute, as I hope, to draw closer together
the relations between the two countries.
I shall make it my duty thus to advise the government of her Majesty
in order that the sincere understanding which has always existed
between Chili and Spain may not again suffer the least alteration.
This has been, and will be, the constant aim of all my action.
I renew to you, sir, the assurance of the distinguished consideration
with which I am your obedient, faithful servant,
His Excellency the Minister of Foreign
Relations
of Chili.
[Translation.]
Department of Foreign Relations
of Chili, Santiago,
May 21, 1865.
Sir: I have the honor to communicate to you
the receipt of the note which, under date of yesterday, you pleased
to address to me, making known to me that the contents of my
communication of the 16th instant dissipates, in your judgment, the
motives for complaint which the government of her Catholic Majesty
believed it had against the republic, and will aid in drawing more
closely together the relations between the two countries.
Such result will correspond with the wishes of my government, which
has been gratified to learn your opinion on the communication
alluded to.
Please accept the testimony of the distinguished consideration with
which I am your excellency’s obedient and faithful servant,
The Minister Resident
of her Catholic Majesty.
