Mr. Nelson to Mr.
Seward.
No. 246.]
Legation of the United States,
Santiago de Chili,
January 31, 1866.
Sir: On the 16th instant, the Spanish admiral,
Don Casto Mendez Nunez, addressed a note to the consul general of
Portugal, informing him, as dean of the consular corps, that the
blockade of the port of Caldera had been raised. (A.) Thus the blockade
of Chili is now reduced to the single port of Valparaiso.
The vessels composing the Spanish squadron were all in Valparaiso on the
16th instant, and there remained without demonstration of any kind until
the 21st, when the admiral changed his pennant from the Villa de Madrid
to the Numancia, (iron-clad,) and the Villa de Madrid and Blanca,
frigates, sailed for the north. The cause of their departure is unknown,
but it is generally supposed that they have sailed to the island of Juan
Fernandez, to afford their crews an opportunity of going on shore. Up to
the moment of writing this despatch neither vessel has returned.
On the 27th instant, news was received here of the ratification of a
treaty offensive and defensive between Peru and Chili, and of the
declaration by the former, on the 14th instant, of war against Spain.
The intelligence spread rapidly, and manifestations of joy have taken
place all over the republic.
This alliance, by the terms of which the naval forces of the two
republics will act in concert under the orders of the government in
whose waters they happen to be, renders the hope of a peaceful solution
to the pending difficulties more remote than ever.
No hostile movements have taken place between the two belligerents since
I last had the honor to address you, and the press and people of Chili
are somewhat impatient at an inaction which appears to them
unaccountable. Meanwhile, however, the combined fleet of Chili and Peru
is at Chiloe, preparing for action. They await only the arrival of the
two new Peruvian war steamers now on their way from England to take the
offensive.
On the 29th instant, Admiral Mendez Nunez addressed a note to the
consular corps of Valparaiso, enclosing a decree signed by him declaring
Chilian coal to be contraband of war. (B.) It will be remembered that a
similar declaration on the part of Chili formed one of the causes of
grievance for which Spain demanded reparation, and which brought about
the present war.
(See enclosure A, in despatch No. 222, of September 28, 1865.)
I have the honor to remain, very respectfully, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Page 371]
A.
[Translation.]
Notification of the raising of the blockade of
Caldera.
Pacific Squadron, Frigate Villa
de Madrid,
Valparaiso,
January 16, 1866.
The undersigned, acting commander-in-chief of the Spanish naval
forces in the Pacific. has the honor to inform the consular corps,
resident in Valparaiso, through its respected dean, the consul
general of Portugal, that the blockade of Caldera, maintained by the
forces under his command, has been raised.
The undersigned avails himself of this occasion to reiterate to the
consul general of Portugal the assurances of his distinguished
consideration.
B.
[Translation.]
Chilian coal declared by the Spanish admiral to
be contraband of war.—Note and resolution of Mendez
Nunez.
With the following note to the dean of the consulate corps, the chief
of the Spanish squadron has transmitted a resolution upon the coal
of the Chilian mines, declaring it to be contraband of war:
Headquarters of the Squadron of Her
Catholic Majesty in the Pacific, Frigate Numancia,
Valparaiso, January
29, 1866.
My Dear Sir: Enclosed is the declaration
which, in reference to Chilian mineral coal and in the exercise of
my rights as a belligerent, I have issued this day.
I beg your excellency, as the worthy dean of the consular corps
resident in Valparaiso, to Inform it thereof.
I avail myself of this occasion to offer to your excellency the
assurances of my respect, and and to repeat that I am your most
obedient servant,
The Consul General of Her Faithful
Majesty
in Valparaiso.
[Untitled]
The commander-in-chief of the Spanish squadron in the Pacific—
Considering, That the vessels of war, both Peruvian and Chilian,
provide themselves with coal from the mines of Chili for their
hostile operations on this coast;
Considering, That the laws of war permit belligerents to take
possession of everything employed by the enemy in hostile operations
against them, in which category the said combustible is included,
being moreover a product of the soil of that enemy;
Considering, That the belligerent is authorized to declare new
articles contraband of war, whenever, by the circumstances of said
war, they become, in the hands of the enemy, elements for the
undertaking and carrying on of hostilities;
Considering, finally, That the government of Chili has declared coal
destined for Spanish vessels of war or privateers to be
contraband;
I have resolved:
1. Mineral coal of the different mines of Chili is hereby declared
contraband of war.
2. Neutral vessels, on board of which those of this squadron may find
Chilian mineral coal, whatever be the port for which they are bound,
shall remain subject to the provisions of the fourth article of the
instructions of blockade, circulated in establishing that of the
ports of this republic.
3. The object of this declaration, circumscribed as it is to a
special instance of the present war, is not to lay down any
precedent whatever respecting the general principle that stone coal
ought not to be considered as contraband of war.
4. This declaration, made by the commander-in-chief of the naval
forces of her Catholic Majesty in the Pacific, shall bear a
temporary character until his government shall decide as it may deem
proper in regard thereto.
On board the frigate Numancia, in
the Bay of Valparaiso, January 29,
1866.
CASTO MENDEZ NUNEZ.
