Mr. Nelson to Mr. Seward.

No. 245.]

Sir: I have the honor to acknowledge the receipt of your despatch No. 117, of December 5th, 1865.

I am instructed therein to renew my good offices in the sense of a friendly adjustment of the differences between Chili and Spain whenever there shall be any reasonable ground whereon to build a hope of success, and it is suggested [Page 369] that, in tendering such good offices, it is eminently proper and wise to treat the two powers which are actually at war with equal consideration and courtesy.

It will give me the greatest pleasure to comply with your instructions in the premises, and I shall omit no effort in the future, as I neglected none in the past, to endeavor to bring about such friendly adjustment. So soon as Mr. Covarrubias shall have recovered from an attack of illness, which has compelled his temporary absence from his post, I will seek an opportunity to confer with him as directed.

I beg leave respectfully to state, in reference to the equality of treatment of the two belligerent powers, that while I have been careful to manifest the most perfect equality of courtesy in the manner of addressing the government of Chili and the Spanish admiral in the various communications which I have had the honor to address them during the past few months, that equality was destroyed in so far as regarded the matter of such communications by the positions assumed by the parties themselves; while the action of Spain, through her diplomatic and naval representative, was aggressive, unusual, and unfair to those neutral interests which it was my duty to watch over and defend, that of Chili was limited to a simple attitude of defence. Spain demanded, it is true, as stated in your notes to the representatives of that power and of Chili of the 21st and 14th of November last, nothing more than an artillery salute, and failing to obtain it, declared war against Chili—a war which was therefore characterized not only by myself, but by all my colleagues of the diplomatic corps as useless and unnecessary. Chili, on the other hand, could not have yielded that salute, demanded as it was in a peremptory tone, under a distinct and arrogant threat in case of refusal, without indelible national humiliation.

As the representative of a sister republic, whose traditionary policy involves a wakeful jealousy of the aggressions of Europe, residing near a government which has reiterated her earnest sympathy with us in all our trials, and had unfeignedly rejoiced in our success, I could not consistently stand by without earnest remonstrance against the injustice of the aggressor, and as earnest sympathy for the aggrieved.

This I felt it my duty to do, as the representative of the leading republic of this continent, and. as the protector of the vast commercial interests of my countrymen, sacrificed in one of the most uncalled for and unreasonable of modern wars—a war of pretext and not of principle.

I am exceedingly gratified to learn that our minister at Madrid has been instructed in the same sense and in the same spirit which dictated your despatch to me. Allow me to express the belief that a peaceful solution of the controversy would be much more probable, if, in addition to the tender of good offices, the United States would remonstrate with Spain upon her unjust and aggressive policy towards Chili. The moral intervention, at least, of our government to protect the integrity of one of the American republics from unjustifiable attack on the part of an European power was never more urgently needed, nor upon firmer grounds of right and justice.

Nothing of importance has occurred between the belligerents during the past fortnight.

On the 27th of December a steam launch from the Spanish iron-clad frigate Numancia, supported by several armed boats from that vessel and from the frigate Berenguela, entered the port of Calderilla, near Caldera, and seized a small steamer anchored there. Although Chilian property, she bore the Colombian flag.

The authorities being informed at once of this attack, sent a company of the fourth regiment of regulars to the spot to repel it. They opened fire on the boats which were towing out the steamer and obliged them to cast off and retreat with the loss of several men. A second attempt two hours later met with like success. The steamer had been run ashore, and although protected by the guns [Page 370] of the Berenguela, which kept up a brisk fire of shot and shell, the attacking party was again repulsed. The frigate then fired several broadsides at the steamer, with a view of destroying her but so inaccurate was her aim that one or two shots only passed through her bulwarks. Not a single soldier or spectator was injured by the scores of shot and shell that poured from the batteries of the Berenguela and the howitzers in her launches.

Don Domingo Santa Maria, late speaker of the Chilian house of representatives, has been appointed envoy extraordinary and minister plenipotentiary of Chili to the republic of Peru, and has been most cordially received by that government. It is said that a treaty of alliance, offensive and defensive, between the two republics, is about to be signed.

I have the honor to remain, very respectfully, your obedient servant,

THOMAS H. NELSON.

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