[Extract.]

Mr. Kirk to Mr. Seward.

No. 159.]

Sir: * * * * * Enclosed you will please find the protest of the government on the bombardment of Valparaiso.

I am, your obedient servant,

ROBERT C. KIRK.

Hon. William H. Seward, Secretary of State, Washington. D. C.

[Page 282]

Protest of the Argentine government on the bombardment of Valparaiso.

[Translation.]

The Argentine people have been painfully affected with the news that on the 31st March the city of Valparaiso was bombarded and deliberately set on fire by the naval forces of her Catholic Majesty blockading that port.

The civilization of modern times has established the principle that the operations of war should be limited to such as can bear upon the issue of the struggle, condemning those measures which are only calculated to do a wanton injury to the enemy by way of a cruel and bootless revenge.

By bombarding and setting on fire a city purely commercial and unprepared for resistance of any kind, when such extreme severity can neither give any advantage nor weaken the enemy, much less hasten the end of the war, the government of her Catholic Majesty has openly violated this principle, which is regarded as a guarantee among civilized nations.

The government of her Catholic Majesty is aware of the interest with which the government of this republic has watched the course of the events which have been unfortunately taking place in the Pacific.

Bound as the Argentine nation is with the Spanish people by a recent treaty which strengthens our friendly relations by an extensive commerce, and an increasing and laborious emigration constantly flowing in from Spain; connected, on the other hand, with the people of Chili in similar relations, and, moreover, by the lively traditions of our common dangers and glories in the war of independence, our government, without entering into an investigation of the motives which have arrayed two friendly nations in war, hitherto confined itself to deploring its inability to avoid the evils consequent on so terrible a conjuncture, fulfilling strictly the obligations of a strict neutrality, which we hope has been duly appreciated by her Catholic Majesty’s government.

The Argentine government feels that the special nature of its position authorizes and justifies its addressing that of her Catholic Majesty to protest against the adoption of measures which it considers contrary to the sacred principles of the law of nations, as also for the injuries that may be already or hereafter so caused to Argentine citizens and their properties, whose indemnification shall be demanded in due time; and, finally, to manifest the difficulties that must arise to a continuance of the friendly relations that at present exist between Spain and the Argentine republic, (which on our part we labor to cultivate and strengthen,) if the Spanish government persist in using these measures of war with the towns of America.

Your excellency will hand a copy of this note to his excellency the minister of state of her Catholic Majesty.

May God preserve you many years.

RUFINO DE ELIZALDE.

His Excellency D. Mariano Balcance, Plenipotentiary near her Catholic Majesty.