Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress

Mr. Kilpatrick to Mr. Seward.

No. 3.]

Legation of the United States, Valparaiso, Chili, April 2, 1866.

Sir: I have the honor to inform you that on the 15th ultimo Admiral Mendez, acting commander-in-chief of the naval forces of her Catholic Majesty in the Pacific, addressed me a note, informing me that the Queen had conferred upon him the full command of those forces, and also had commissioned him as her plenipotentiary, (A.)

I communicated this fact to the members of the diplomatic corps resident in Santiago, and on the 18th acknowledged the receipt of his excellency’s communication in a note, a copy of which is here enclosed, marked B.

On the 17th I received a note from the secretary of foreign relations, informing me that the President had issued a decree on the preceding day prohibiting neutral vessels which communicate with the ships of the Spanish squadrons, or furnish them fuel, provisions, or supplies of any kind, from touching at any port of the republic, and requesting me to inform my government of this fact, (C.)

Enclosed in this note was a certified copy of the decree alluded to, which I have the honor to transmit, accompanied by a translation of the same, (D.)

During the past fortnight I have, in conjunction with Commodore Rodgers, commanding our special squadron now in Valparaiso, labored earnestly to bring about, if possible, some pacific solution to the question pending between Chili and Spain.

The threatening tone of the Spanish press gave reason to believe that measures of extreme severity were about to be exercised, and sundry interviews which the commodore had with the Spanish admiral convinced him that, unless some effort were made to avert it, Valparaiso would soon suffer the horrors of a bombardment. I therefore sought an informal and unofficial interview with Mr. Covarrubias, accompanied by Commodore Rodgers and by Mr. Nelson, my predecessor, on the evening of the 19th ultimo, and stated to him my apprehensions.

Commodore Rodgers informed him that Admiral Mendez was disposed to modify the terms first proposed to Chili, and would accept a mutual salute; and that, in order to facilitate matters, he could hoist the Chilian and Spanish flags at his own mast-head and salute both, the Chilian and Spanish guns joining after the first had been fired from his flag-ship. Mr. Covarrubias replied that these terms would have been acceptable in the beginning of the war, but that Chili now deemed herself the offended party, and did not consider that, after all the sufferings and outrage inflicted upon her by Spain, the two countries occupied positions so parallel as to justify his acceptance of this offer. I then asked what terms Chili did desire, for the purpose of arriving at a settlement; to which he replied that they would be found in his counter-manifesto of the 26th of October, 1865.

Mr. Covarrubias further stated that any terms proposed by or accepted by Spain must of necessity include the republic of Peru and others, which had, since the opening of hostilities, allied themselves to Chili; that public faith and national honor demanded that she should accept no terms which did not include them.

Finding our efforts unavailing for the present, Commodore Rodgers accompanied me on the following morning to Valparaiso, and we appointed the 23d ultimo for an interview with the Spanish admiral on the United States steamer Vanderbilt, there freely to discuss the question in all its bearings, with a view, if possible, to a peaceful solution.

On that day the interview took place as agreed upon. I opened the conversation by stating that as a friend of both nations I was extremely anxious that some amicable arrangement, honorable to both, might be made, and I suggested that as the whole difficulty between the two nations appeared to have arisen in questions of honor, it seemed to me by no means impossible to arrive at some arrangement whereby these vexed questions could be honorably and permanently settled at once. Mendez replied that as far as he was personally concerned he would be most happy to enter into any negotiations that would bring about an amicable arrangement of the difficulties, but unfortunately he had written instructions from his government ordering him to pursue a certain line of conduct, which he as a soldier could not deviate from. He stated that the only terms that Spain would accept were the following:

1. That a note be sent to the Spanish admiral from the government of Chili, stating that it had no wish or intention to insult Spain, with whom it desired to maintain amicable relations; and considered the treaty of peace between the two countries only interrupted, not broken, by the declaration of war.

In proof of this Chili would return the Covadonga, flag, arms, guns, crew, and officers, and all other prizes she may have made.

2. That Spain would say in reply that she was well pleased to return to her ancient friendship with Chili, forgetting all past quarrels, and declaring that she had no desire for conquest in America or of exclusive influence in American republics, whose independence she respects.

In proof of this she returns all the prizes now in the possession of the Spanish squadron, in the condition in which they now are, and all the prisoners of war.

3. After these notes have been exchanged, the friendly intercourse is to be established in the following way:

A reciprocal salute of twenty-one guns is to be fired, the first gun to be fired from the Chilian forts; that then the Spanish admiral will proceed to Santiago, present his credentials as envoy extraordinary and minister plenipotentiary, and enter into negotiations for the permanent settlement of the difficulties.

These propositions the admiral stated were not made by him in his official capacity, but were communicated by him to Commodore Rodgers and myself, in order that if we deemed proper we might communicate them to the government of Chili unofficially, and informed us that he would wait until eight o’clock of the morning of the 27th ultimo, at which time, if the government of Chili had refused to accede to his proposals, or if no answer were received, he would proceed to act.

The next morning I returned to Santiago and sought an interview with Mr. Covarrubias. I informed him of the foregoing conference and of the terms mentioned by Admiral Mendez.

He asked whether they were to be considered as an ultimatum, since, if so, he could neither entertain nor discuss them. I replied that I presumed not, since Admiral Mendez desired no official character to attach to the conversation. He then repeated a remark made by him in my former interview, that he could neither offer nor accept any settlement that did not include an honorable arrangement of the difficulties between the recent allies of the republic and Spain. I informed him that this difficulty having suggested itself to me, I had mentioned it in my conversation with the admiral, who said that if these terms were agreed upon by Chili, similar ones would be offered to the other allied republics. He further stated that it would be impossible to take any steps in the matter without the concurrence of the representatives of those allies, and that the absence of the minister of Peru would render it impossible to give a reply prior to the 27th ultimo, the date upon which I had engaged to inform Admiral Mendez of the result of my conference. He said, however, that he would call a meeting of those representatives and would inform me of the result, if the admiral would wait a few days longer. I gave it as my opinion that he would, and the interview closed.

On the night of the 25th, Commodore Rodgers, accompanied by Commodore de Courcey of the British navy, arrived at Santiago in a special train, and the next morning at 9 o’clock an informal meeting of the diplomatic corps was held, at which it was agreed that the representatives of England, France, Prussia, and Italy should accompany me to Valparaiso to make still further efforts to avert the terrible calamity of a bombardment. A special train was placed at our disposal, and at noon we left for the port.

At 8 o’clock next morning I called upon Admiral Mendez, accompanied by Commodore Rodgers, and briefly informed him of the result of my interview with Mr. Covarrubias. He replied that while he regretted, most deeply, the painful duty which devolved upon him, he as a military man could not but implicitly obey the instructions of his sovereign, and that, complying therewith, he would open his batteries upon the city of Valparaiso on Saturday morning, the 31st ultimo, at 8 o’clock; thus giving four days to non-combatants for their removal. He stated that he would endeavor to injure only public property, but that if private property were destroyed, he could not but place the entire responsibility upon the government of Chili, which had had the opportunity of averting this calamity, and had failed to avail itself thereof.

I returned to the flag-ship Vanderbilt, where, a few minutes later, an officer arrived from the Spanish admiral, bringing a note addressed to me, (E,) begging me to transmit the enclosed manifesto, addressed by him to the diplomatic corps, to its destination.

This latter document, a copy and translation of which form enclosure F, sets forth the reasons which, in the opinion of the writer, justify him in the extreme measures about to be put in force. After asserting that the conduct of Spain, from the earliest moments of the war, had been characterized by extreme moderation and courtesy, a moderation which had induced Chili to believe that she could refuse with impunity the satisfaction due by her to Spain, the admiral states that the forces under his command had made two ineffectual attempts to seriously engage the allied fleets of Chili and Peru in the waters of Chiloe, where he found them defended by narrow passages, and behind natural bulwarks of rock; that having passed through grave perils in those unknown regions, never entered before by vessels of the draught of his own, and having found it impossible to bring on a decisive action, he had determined for that reason, and on account of the obstinacy of Chili in refusing the amends demanded, to bombard this city at the expiration of the four days above mentioned.

I at once issued a circular (G) to the members of the diplomatic corps then in Valparaiso, informing them of the grave events about to take place, and requesting them to meet me at 2 p. m. for the purpose of devising, if possible, some means to prevent such a cruel and inhuman act of warfare. I also addressed a note to the French minister, stating that inasmuch as there were no French naval forces present in the bay, I desired to place at his disposition those of the United States, for the protection of the lives and interests of his fellow-subjects, (H.) It was my earnest desire that the diplomatic representatives of France and England should join with me, or at least should request that our forces should protect their respective peoples as well as our own. Mr. Thompson, the English charge, requested that the meeting be postponed until 9 p. m. to give him time to receive his despatches expected by the steamer then due, in which he hoped to receive definite instructions from his government. The postponement was of course made. Meanwhile petitions were handed to me and to Commodore Rodgers from the American, German, Danish and Hamburg citizens and subjects, (I, K, L, and M,) imploring our protection from the imminent peril which threatened them, and deputations of all nationalities waited upon me with like requests. The French residents called upon their representative, the English merchants made an earnest appeal to Mr. Thompson, and alarm and apprehension were every where visible.

At the same time that the admiral addressed me the communication transmitting me his manifesto, he transmitted to Commodore Rodgers a similar communication to the dean of the consular corps, and a brief note of like purport to the commandant of Valparaiso, (N,) to which the latter replied in a note, accepting calmly the coming evil, and maintaining throughout a dignified but earnest style, (O.)

On the same day the intendente or civil governor of Valparaiso issued a proclamation to the people, announcing the threatened bombardment, urging them to accept the sacrifice with resignation, and to avoid the slightest disorder, (P.)

The steamer arrived as anticipated, at 3 p. m., but brought no intelligence of importance. In the evening the chargé d’affaires of Prussia informed me that the English minister, being engaged to dine on board the Sutley, the British flag-ship, would prefer that the conference, which was to take place at 9 p. m., be postponed until the following morning at 10 a. m. To this I also consented. I was, however, totally unprepared for the announcement which met me the following morning, that the British and French ministers, having vainly endeavored to obtain a special train in the middle of the night, had determined at all events to proceed to Santiago by the 10 o’clock ordinary train, and were about starting for the station.

They departed without either acknowledging my note of invitation or giving any reason for so abrupt and discourteous a proceeding.

I asked the English minister if he desired the co-operation of the United States forces to prevent the wanton destruction of millions of property belonging to English subjects, and I stated that it was in his power to prevent that destruction by merely uttering one word. That word he refused to utter.

At 10 a. m. the remaining members of the diplomatic corps, the representatives of Prussia and Italy, met at my rooms, and a brief conference resulted in the decision that it was inexpedient and unwise for the American naval forces to oppose the bombardment of Valparaiso, in the face of the refusal of the representatives of France and England to make any effort for its protection. Had those representatives asked that our forces co-operate with those of England to that end, and thus given us moral support in our contemplated action, neither Commodore Rodgers nor myself would have hesitated to have used force to prevent the destruction of this city.

The port of Valparaiso is a purely commercial town, of from 80,000 to 100,000 inhabitants. Its trade with Europe and the United States is immense, and its public warehouses have generally within them from thirty to fifty millions of dollars of foreign property. Its merchants are Americans, French, English, and Germans, by whom its real estate is owned; and the public property of the government is represented by the bonded warehouses, railroad station, and the intendente’s palace. Upon the hill to the west of the city is a saluting battery, in front of a building used as a cuartel for a few artillerymen, and called by the people the “fort.” For many months there has not been a single gun mounted there, and Valparaiso cannot, by even the most strained imagination, be considered a fortified town.

Some weeks since Admiral Mendez notified the British naval commander that if a single torpedo boat were launched, or any attempt were made to destroy any of the ships under his command by means of torpedoes, he would bombard the town. Was not the inference natural, that if they were not used he would not proceed to that extremity?

Writers upon international law have repeatedly laid down that it is not lawful to bombard purely commercial places where their destruction does not advance the military operations of the war, and that even then private property should be respected. But the very form of Valparaiso, built as it is upon a narrow strip of sand, on the sides and at the foot of steep hills, renders a conflagration of a most disastrous character most imminent in case of a bombardment.

Believing, therefore, that the threatened bombardment was an act of vandalism, in contravention of custom and international law, inasmuch as foreign interests alone would suffer, I have done all in my power to avert or oppose it.

But while these were my feelings and belief—while I desired to protect the lives and property of innocent neutrals and non-combatants, and especially of our countrymen—I felt that I owed a higher duty to the broader interests of my country at home, and that I could not risk the certainty of a war with Spain at this moment when we have just emerged, bleeding and exhausted, from the mightiest struggle the world ever saw, unless England and France, who are tenfold more deeply concerned than we in the preservation of the material interests of Valparaiso, would compromise themselves by asking that protection from us which they were unable themselves to give.

When, therefore, the consular corps of Valparaiso (with the exception of the consuls of France and England) called upon me at 10½ o’clock on the 28th ultimo, to make another united appeal for protection, I frankly defined my position, told them how earnestly and faithfully I had labored, first to bring about peace, and then to throw a barrier between them and the threatened danger; that I had failed in both attempts, and could not feel justified in assuming alone the responsibility of protecting the foreign property in this city; that while the co-operation of those most interested was wanting, the American fleet would not, by force, prevent the action of the Spanish admiral.

One of the number then proposed a vote of thanks to Commodore Rodgers and myself for our exertions to protect foreign property, and the consul general of Portugal, dean of the corps, proposed that they rise to their feet and confirm the proposition by acclamation, which was done, each member of the corps pressing forward to grasp the hands of the commodore and myself. Mr. Lyon, consul general of Portugal, an English subject by birth, was painfully affected, and with difficulty controlled his emotion.

I at once proceeded to the intendencia, and informed the governor and commandant of what had passed. He stated that he was not surprised, that the government did not expect the American fleet to act unsupported, and, in its name and that of the people of Chili, he desired to express their grateful sense of our endeavors.

The commandant informed me, in reply to a question, that it was not the intention to fire a single shot from shore; that, on the contrary, it would be prohibited; that they desired the barbarity of the act to be patent to the world, and would not give the Spaniards the opportunity of reporting a combat in which the forces were so infinitely disproportioned.

I then addressed Admiral Mendez a note acknowledging the receipt of his manifesto of the 27th, and in the name of my government protesting against the bombardment as an unusual, unnecessary, and cruel mode of warfare, (P bis.)

Similar notes were addressed by a majority of the consular corps, by the consuls of France, England, and the Argentine Republic, and by the consul of Belgium, (Q, R, and S.)

That of the consular corps, being deemed by Admiral Mendez disrespectful, was returned to the dean of that body. He replied, however, to that of the Belgian consul, (T.)

On the 29th ultimo the president issued a proclamation to the people of Chili, which was published here on the 30th ultimo, (U.)

On the morning of the 29th ultimo I telegraphed to Santiago for Mr. Covarrubias, minister of foreign relations, the despatch being signed by Commodore Rodgers, Mr. Nelson and myself. We assumed this responsibility in consequence of an intimation from the Spanish admiral that he was disposed to address a note to the commandant of the place, stating that, “inasmuch as Valparaiso was a purely commercial and unfortified port, &c., &c., the magnanimity of Spain would not permit its destruction, if Chili, in reply, would state that she yielded to magnanimity what she refused to force;” and the road to negotiation being thus opened, interviews might take place on board our flagships, leading ultimately to arbitration or some such peaceful solution.

He arrived at midnight, and at an early hour on the following morning I called upon him with the commodore and Mr. Nelson, and asked him what reply would be given by the government of Chili in case such a note were addressed by Admiral Mendez. Mr. Covarrubias begged to reply by another proposition. He stated that as Admiral Mendez had given as a reason for bombarding Valparaiso the fact that he could not meet the Chilian and Peruvian vessels, he would now, in order to save defenceless neutrals, and non-combatants, suggest a plan which he trusted would be accepted by the admiral. He offered to place the allied squadron ten miles from the port of Valparaiso, there to meet an equal or even greater Spanish force than their own, and there give battle, the result of which should be decisive.

He asked Commodore Rodgers, if he would accept the position of umpire, and indicate what ships should go into action from the Spanish squadron, excluding only the iron-clad ram Numancia (7,000 tons) from the list. Commodore Rodgers informed him that the proposed position was a delicate one, but that if he could, by any proper means, avert the bombardment, he would do so, and that he accepted the office of arbiter, premising that he would insist upon a Spanish and a Chilian naval officer being detailed to inform him of the relative size and armament of the vessels.

Shortly afterward Commodore Rodgers proceeded on board the Numancia, bearing the offer of Mr. Covarrubias, addressed to the Spanish admiral through the commandant of the place, Colonel Villalon, (V.)

Admiral Mendez declined the offer, stating that as a military man he knew the superiority of his forces, and should of course avail himself thereof; that the bombardment would take place the following morning, two blank shots being fired at 8 o’clock, and the bombardment to follow an hour later.

Commodore Rodgers came on shore at once and informed Mr. Covarrubias of the result. The latter denounced the impending destruction as barbarous and inhuman, and stated that Chili at least would not disgrace humanity, but would carry on the war according to the laws and customs of civilized nations. At 8 o’clock that evening he returned to Santiago in a special train. On the morning of the 31st the Spanish admiral fulfilled his threat, and for three hours the cannonading was almost incessant. The frigates Villa de Madrid, Blanca, and Resolution, and the gunboat Vencedora, participated in it, and the shots were principally directed to the custom-house stores, the intendencia or governor’s residence, and the railroad station. The first shot was fired at 9 a. m., the last at noon, at which hour the Spanish flag was hoisted at the fore yard of the Numancia, as a signal that the bombardment was at an end. The intendencia was riddled, as was the exchange, which stood between it and the sea. Four of the public warehouses were set on fire and destroyed with their contents, and some twenty-five private dwellings in another portion of the city shared the same fate. Although, at the request of Mendez, white flags were placed on the hospitals and churches, they were not spared, several such buildings, completely out of the line of fire, being repeatedly struck with shot and shell.

The casualties were slight, as far as I have been able to ascertain, some two or three killed, and as many wounded, although not less than two thousand shots were fired. The amount of property destroyed is estimated at from fifteen to twenty millions of dollars, of which loss less than five per cent will fall upon Chili, it being nearly all foreign property and merchandise. Great alarm was experienced during the rest of the day and the following morning, in consequence of the rumor that the bombardment was to be resumed on Wednesday. On Friday Commodore Rodgers had written a brief bulletin upon his return from his last interview with the admiral, (W,) informing the public that two blank shots would be fired one hour before the beginning of the bombardment, and that the Spanish flag hoisted at the fore yard-arm of the Numancia would signalize its close, after which no bombardment would take place without further notification.

To calm this excitement, I requested Commodore Rodgers to see Admiral Mendez, and ask him if he intended continuing the work of destruction. He did so, and informed me that the admiral replied verbally, that he had no intention, at present, of continuing the bombardment. This reply was speedily embodied in a note and given to the public, (X.)

The news was received with distrust, but the street cars began their usual trips, and a feeling of relief was soon manifested in the handful of residents remaining in the city. The distress caused by this savage act of revenge is deep. Tens of thousands of people, unable to afford the expense of distant removal, were scattered over the hills in the rear of the city, cowering in fear, and trembling as the shot and shell flew shrieking over their heads and buried themselves in the soil beyond. Others, panic-stricken, fled from the devoted city, carrying with them their little all, and passed the night, without food or shelter, on the bleak and barren mountains. In the destruction of the western section of the city by fire was included a vast number of small dealers, mechanics, and others, all foreigners, whose entire means were swept away, since they had trusted implicitly in the promises of Admiral Mendez not to injure private property, and had removed nothing.

As the fleet continued its fire for an hour and a half after the first appearance of the flames, preventing all access to the spot, the conflagration had assumed gigantic proportions by noon when the signal to cease firing was given, and all that could be done was to save the surrounding property. It is presumed that the Spanish fleet will now proceed to Coquimbo, Caldera, and other ports on this coast, and will lay them also in ashes. As there are in those ports, especially in Caldera, large American interests, I have requested Commodore Rodgers to proceed with his fleet to whatever port may be next visited, and there defend by force, if necessary, American property and interests whenever he may find them isolated from those of others.

If this vandal-like warfare be permitted to continue unchecked and unrebuked, American interests on this coast will be utterly ruined. The Valparaiso partner of one American house informed me to-day that his firm had lost by the destruction of goods in the bonded warehouses about $80,000; other American houses have been equally unfortunate, and they all speak most despondently in regard to any future commercial operations on this coast. I have instructed our consuls on the Chilian sea-board to point out distinctly to Admiral Mendez the property of American citizens, where disconnected from that of other foreigners, and to appeal for real and tangible protection to the commodore, who, at my request, will protect them until I receive other and distinct orders from the department.

Without such orders, without clear and precise instructions how to act in cases of emergency, such as the one through which we have just passed, I am placed in a position of no ordinary embarrassment, and I most earnestly request that they be transmitted to me without delay. I omitted to state that the representatives of England, France, Prussia, and Italy also protested against the bombardment, but neither the documents nor the replies have seen the light. The reply of Admiral Mendez to my own forms enclosure Y, here with. I likewise enclose, marked Z, a copy of the note of the Austrian consul general to Commodore Rodgers, dated the 26th ultimo, asking his protection.

I trust that the confusion and inconveniences naturally attending the preparations of a despatch as voluminous as the present, during a bombardment, may account for the apparent carelessness of its style, and inelegance of its execution.

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

J. KILPATRICK.

Hon. William H. Seward, Secretary of State.

A.

[Translation.]

Admiral Mendez to Mr. Kilpatrick.

Frigate Numancia, Bay of Valparaiso, March 15, 1866.

Most Excellent Sir: I have the honor to inform your excellency that her Majesty the Queen, my Señor, in conferring upon me the command of her squadron in the Pacific, has deigned at the same time to commission me with full power possessed by my predecessor.

In begging your excellency to be pleased, as the worthy dean of the diplomatic corps, accredited in that capital, to place this fact before your distinguished colleagues, I avail myself of the occasion to offer to you the assurance of my high consideration.

CASTO MENDEZ NUNEZ.

His Excellency the Envoy Extraordinary and Minister Plenipotentiary of the United States of America, Santiago de Chili.

B.

Mr. Kilpatrick to Admiral Mendez.

Legation of the United States, Santiago de Chili, March 18, 1866.

Dear Sir: I have the honor to acknowledge the receipt of your excellency’s note of the 15th instant, announcing your appointment as commander-in-chief of her Catholic Majesty’s squadron in the Pacific and her minister plenipotentiary, and to state that I have communicated the same to my colleagues of the diplomatic corps resident in Santiago.

I have the honor to offer to your excellency the assurances of my most distinguished consideration.

J. KILPATRICK.

His Excellency Casto Mendez, Minister Plenipotentiary of her Catholic Majesty, Commander-in-Chief of her Squadron in the Pacific.

C.

[Translation.]

Mr. Covarrubias to Mr. Kilpatrick,

Santiago, March 17, 1866.

Sir: I have the honor to transmit to your excellency a copy of the decree which his excellency the President of the republic issued yesterday, prohibiting neutral vessels which communicate with the ships of the Spanish squadron, or furnish therewith fuel, provisions, ammunition, or any other kind of supplies, from touching in any of the ports of the republic.

Asking that your excellency will have the goodness to inform your government of this communication, I hasten to reiterate the assurance of the perfect consideration with which I am your obedient servant,

ALVARO COVARRUBIAS.

J. Kilpatrick, Esq., United States Minister.

D.

Decree by President Perez.

[Translation.]

Santiago, March 16, 1866.

Considering—1st. That it is a notorious fact that vessels under neutral flags have transshipped to the Spanish squadron coal and provisions, which they need to carry on hostilities against the republic; 2d. That the state of war gives us an indisputable right to employ all proper methods to weaken the strength of the enemy, to deprive them of the means of repairing their losses, and of sustaining the contest longer; 3d. That it is right to deny those favors which our laws grant to friendly commerce when their vessels break the obligations of neutrality by giving to the enemy those facilities and resources without which the war could not be carried on; 4th. That it is the duty of the government to take those means which conduce to the legitimate ends of the war, which consist in doing the enemy all the injury necessary to oblige him to surrender or to desist from his pretensions, and to avoid the prolongation of an unjustifiable war, like the present one, which causes such damages not only to the belligerents, but also to neutral commerce; 5th. That one of these means is to cut off the enemy from communication by depriving him of those resources which neutral vessels are able to afford him—in exercise of those powers which the law of the 24th of September, 1865, confers upon me, I have resolved and decreed: Neutral vessels which, after this date, communicate with the ships of the Spanish squadron, or which furnish them fuel, provisions, ammunition, or any other supplies, will not be permitted to touch or load in any port of the republic.

Let it be recorded, communicated, and published.

PEREZ.

Alexandro Reyes.

A true copy:

DOMINGO ARTEAGA ALEMPARTO, Acting Chief Clerk.

E.

[Translation.]

Admiral Mendez to Mr. Kilpatrick.

Frigate Numancia, Valparaiso, March 27, 1866.

The undersigned, commander-in-chief of her Catholic Majesty’s squadron in the Pacific and her minister plenipotentiary, has the honor to transmit to his excellency General Kilpatrick, dean of the diplomatic corps resident in this republic, the accompanying manifesto, which he addresses to the foreign representatives accredited in Chili. In it he sets forth the reasons possessed by his government for taking into its own hands the satisfaction which the government of Chili owes to it, and declares peremptorily the means which it will be his painful duty to employ.

The undersigned begs his excellency General Kilpatrick to be pleased to place the said document before his distinguished colleagues, assuring them that he will endeavor honestly to cause all the damage to fall upon the interests and property of the government of Chili, without being able to guarantee, however, in such extremity, those of private individuals, and has the honor to subscribe himself your excellency’s most obedient servant,

CASTO MENDEZ NUNEZ.

His Excellency General Kilpatrick, &c., &c., &c.

F.

Manifesto to the diplomatic corps resident in Santiago.

[Translation.]

The memorandum addressed by his late excellency General Pareja to the government of the Spanish American republics on the 24th of last September, and the circulars of later date of his excellency Don Manuel Bermudez de Castro, minister of state, must have well informed the corps, of which your excellency is the worthy dean, of the causes of the war between Spain and Chili, and doubtless must also have made manifest to it that the nature of those causes left open to Spain no other road (amends for the offences which constituted and still constitute these very causes having been refused by Chili) than that of appealing to the ultimate recourse of governments to obtain them.

While this dire necessity still existed, the government of Spain and its representative in these waters, carried away, it may be said, by the proverbial generosity of the Spanish nation, a generosity natural in a people which feels itself noble and great, desired to employ their means of coercion with all possible lenity, in the belief that the superabundant strength of these means and the generosity with which they were employed being appreciated at one and the same time by Chili, the amends which most justly she has owed and owes to Spain would be obtained; a justice ostensibly recognized by two of the first powers of Europe from the moment in which, in order to put in practice their good offices, they agreed with Spain upon certain conditions, which demonstrate, without any room for doubt whatever, that justice, and according to which an end might be put to the conflict decorously for both parties. The blockade of Chili was established and carried on with so much generosity that neither neutrals nor enemies of Spain can ever fail to recognize that it was impossible to keep it within stricter limits—within those imposed by the laws of war. There can perhaps not be found within the annals of war, up to the present date, among civilized nations, greater lenity or more tolerance. Perhaps, also, this lenity and this tolerance may have given rise to the belief in the mind of an enemy, which is so unfortunate as not to comprehend them, that she may with impunity refuse that which justice demanded and demands of her. If this be the case, as everything induces us to believe, Spain will always appear on this occasion acting in accordance with the dignity of her character;. history will ever say that she committed upon this occasion the error which elevates, more than anything else, a country in the presence of civilized nations.

And that this opinion of the manner in which the blockade has been practiced and is being practiced is in accordance with the strictest truth, is demonstrated by the unanimity on the part of the ministers and agents of neutral nations in thus recognizing it. But it was not sufficient for Spain, assisted as she was and is by justice and by force to sustain it, to carry her moderation even to the most extreme limits. From the moment in which they were presented by France and England, she accepted the good offices which both nobly tendered her, to terminate the conflict in such a manner as might leave unsullied the honor of two countries, which could only be placed in war by a blindness like that of Chili, punishable by the law of nations. Prior to the breaking out of hostilities, and after their commencement, there was not a single act which does not fully demonstrate the disinterestedness of the conduct of Spain, her constant desire to re-establish peace. Evidences as respectable as irrefutable thereof are, in America, that which the United States can give; in Europe, that which can also be given by the other two nations cited.

With such antecedents, it is impossible for Spain to carry further her forbearance. Countries which have a consciousness of the justice of their cause, and of their power to sustain it, may sacrifice upon the altar of that moderation which both things impose upon them, their legitimate desire of obtaining at once by their own hands the amends which unjustly is denied them. But they cannot by any means pass the limit beyond which their honor would be wounded, and a prestige sullied, which a history, each one of whose pages relates a glory, has conquered for them. Spain has arrived at that limit, and it is necessarily indispensable for her, consequently, to break, definitely, with the government which comprehends so badly the duties which civilization imposes upon it in its relations with others; which interprets so illy those which that same civilization prescribes to that of every country in its internal government, since it does not hesitate to cause Chili to suffer evils of a war unjust on her part; with a government, in fact, which fails to recognize that which the dignity of others claims.

Affairs being in this situation, Spain has done what honor indicated. She notified her vessels in the Pacific to seek their allied enemies; and this instruction has been complied with, two of them having compromised themselves, nautically speaking, in regions thickly strewn with all sorts of difficulties, even greater through the uncertainty of their situation, passing where others of their size had never passed—up to the extreme point of nautical temerity—to place themselves in the view of their enemies, who, situated in a point perfectly well chosen, and with obstacles which prevented touching their rigging, only received such injury as, although considerable, could be caused by a fire at long range. But yet these difficulties, or, yet to speak better, these continued dangers of the locality, nor the very frequent fogs which, it may be said, daily covered them, intimidated them. And another new expedition went in search of the enemy, who, not thinking himself sufficiently safe in the position he had occupied, had sought salvation in the numerous and narrow sinuosities which formed not only an impassable bulwark for him who hid behind them, but also rendered it impossible to attack him with the class of vessels composing the Spanish squadron in these seas. Consequently, the impossibility of getting within gunshot of vessels which shelter themselves behind the impassable barriers of locality, and the persistence of Chili in refusing the amends justly demanded of her, imposed upon Spain the painful but unavoidable duty of making her to feel all the weight of rigor to which that country exposes itself which absolutely refuses to recognize the duties imposed upon the civilized community of the universe. And in this view, and for reasons of war, the cannon of the Spanish squadron will bombard the city of Valparaiso and any other which they think proper; an act of hostility which, although terrible, is legitimized by the irrefutable reasons already enumerated; a legitimacy which will place upon the government of the republic all the responsibility of the damage which may be caused to neutral interests, for the placing of which in this port in safety four days are granted, at the expiration of which the said bombardment will take place.

CASTO MENDEZ NUNEZ.

Headquarters of her Catholic Majesty in the Pacific, On board of the frigate Numancia, in the bay of Valparaiso, March 27, 1866.

G.

Mr. Kilpatrick to the Diplomatic Corps.

Legation of the United States to Chili, Valparaiso, March 27, 1866.

Sir: The unfortunate differences between Chili and Spain, which have brought about a state of hostilities, seem about to culminate in events still more serious. Aware of this, I approached the government of Chili some ten days since, unofficially, and sought to know whether there were not some terms upon which peace would be possible. That government expressed a desire for peace, but could suggest no practical mode of obtaining it. I then called upon the Spanish admiral and ascertained his views. He stated to me that, were the government of Chili to address a note to him stating that there was no intention of offending Spain in the action complained of by her, he was willing to reply in the same spirit; that an exchange of prizes and prisoners might then take place, and a simultaneous salute be fired by the two belligerents, Chili firing the first gun, upon which he, as minister of Spain, would deem himself satisfied, and, as admiral, would withdraw his forces.

Chili has declined this proposal, and considers it inadmissible. I have to-day informed Admiral Nunez of his refusal, whereupon he has issued a manifesto, a copy of which I have the honor to transmit herewith. This manifesto informs the diplomatic corps resident in Santiago of his intention to bombard and destroy all the public property of Chili in Valparaiso, giving a term of four days for the escape of non-combatants.

To prevent the consummation of an act so cruel and inhuman; to prevent the total destruction of a city composed almost entirely of Europeans and Americans, a city which is to-day totally defenceless, and that through the advice of foreign representatives, I feel it my duty to call upon you, sir, to assist me.

Of the present difficulties between Chili and Spain, we of course have nothing to say; but, as the representatives of enlightened nationalities, we have much to say why a helpless city, not the property of either of the belligerents, should not be laid in ashes, thousands of helpless women and children driven from their homes to die amid the desert hills, and why civilization upon this coast should not be set back to an indefinite period. I therefore cordially invite you to meet with such members of the diplomatic corps as are at present in Valparaiso, at my rooms at 2 p. m. to-day, to take into consideration the extraordinary manifesto of the Spanish admiral and the numerous petitions of the former residents of this port, and to take immediate action in the premises.

I have the honor to be your obedient servant,

J. KILPATRICK.

His Excellency the Chargé d’AFFAIRES of her Britannic Majesty.

The same, mutatis mutandis, was addressed to the representatives of France, Prussia, and Italy.

H.

Mr. Kilpatrick to the Chargé d’ Affaires of France.

Legation of the United States to Chili, Valparaiso, March 27, 1866.

Sir: In the present grave circumstances you may probably deem it a cause of regret that no naval force of your nation is present to protect the material interests of your country— interests whose prosperity, under the auspices of your emperor, proves how much he has the welfare of his people at heart. We have, accidentally, here a naval force, which it is my duty and my pleasure to offer, in the name of my country, (whose voice I am sure I echo,) for the protection of your citizens, in recognition of the debt of gratitude which the United States owes to France, who, when we were young and weak, generously stepped forth to aid us. With our country still suffering from recent wounds, the officer commanding the naval forces of the United States in this port concurs with me that your voice and that of your able colleague from England, as representing the largest European interests, are necessary to justify us in departing from the strict letter of our instructions to preserve neutrality.

I have the honor to be, sir, with the highest consideration, your obedient servant,

J. KILPATRICK.

His Excellency the Chargé d’affaires of France.

I.

American residents to Mr. Kilpatrick.

Valparaiso, March 27, 1866.

Sir: We, the undersigned American residents in this city, respectfully beg leave to represent that, in consequence of the rumors prevalent and information obtained from Europe that the commander-in-chief of the forces of her Catholic Majesty intends to bombard and lay waste this city and all towns upon the coast of Chili, are under the serious apprehension that the lives of ourselves and families, as well as our property, are in imminent danger.

We fail to comprehend how in this country such instructions, so destructive to the interests of progress and humanity, could have been issued by the Spanish cabinet.

When we consider that it has required a period of about thirty years to raise the majority of these towns on the coast from insignificant hamlets to their present importance, mainly through foreign influence and capital, we cannot look upon their wanton annihilation, irrespective of our great pecuniary interests, without the most painful feelings, not failing to bring complete ruin upon thousands of neutrals as well as defenceless women and children.

We avail ourselves of this occasion to inform you that, in our opinion, even a partial bombardment of this city, though limited to the bonded warehouses and other public buildings, would result in incalculable loss both of the lives and property of neutrals, as such would probably lead to an extensive conflagration, without available means at hand to extinguish the same. The bonded warehouses alone contain merchandise to the value of fifteen to twenty millions of dollars, exclusively the property of neutrals.

In view of the manifestations of the government of her Catholic Majesty, through their commander-in-chief, that this war upon Chili is not for the purpose of conquest, and being convinced that there is not on these waters at this time a sufficient Spanish force able to be landed, subsequently to the bombardment, for any other purpose than to commit overt acts of pillage and murder upon the defenceless inhabitants, we cannot regard it as else than illegal, reminding us forcibly of the buccaneering expeditions of a former age; and, as it appears to us, this ought not to be recognized as authorized by the present mode of warfare between civilized nations.

We, therefore, citizens of the United States of America, of which you are the empowered representative, knowing that our government has ever been active in watching and forwarding the progress of industry and civilization, cannot permit ourselves to believe for one moment that the forces of two civilized countries now here will quietly remain as mere spectators of such an atrocious act as the bombardment of this defenceless city.

Relying upon your good offices in our behalf, we have no hesitation in expressing our honest conviction that, whether you act with the co-operation of the British squadron or independent of the same in preventing such a calamitous event, your proceedings will meet with the cordial approval of the civilized world.

We would take this opportunity of assuring you of our warm personal appreciation of the valuable services already rendered by you in your earnest, though fruitless, endeavors to effect an amicable arrangement, honorable to all parties interested, and, with your permission, would feel highly gratified to forward to the Hon. William H. Seward, Secretary of State of the United States of America, a copy of this representation.

We remain, sir, very respectfully and truly, your most obedient servants and countrymen,

Thomas V. Page, M. D.	Alsop & Co.,
John Wheelwright.	per A. Hemenway & Co.
Henry A. Ward.	C. Wolf.
Henry S. Stevens.	G. G. Fosten.
Henry Loring.	Washington Booth.
T. Manahan.	Wm. H. Nugent.
Leander Wellington.	G. C. Biggs.
Loring & Co.,	David Trumbull.
per Wm. Wheelwright.	John Brown.
P. A. McKeller.	Geo. P. Hoppin,
Rutledge Willson.	per Paul H. Delane.
P. A. McKeller.	J. Delane.
Henry W. Finn.	John W. Bates.
Charles C. Green.	James N. Cooper.
Alfred Ward.	J. S. Yates.
H. H. Meiggs.	F. S. Graunean.
Wm. H. Kelly.	T. H. Dealy & Co.
Henry M. Caldwell.	Leander Wellington.
Dartwell & Co.	Wm. Harrington.
C. S. Arnold.	Wm. J. McKenna.
B. Tallman.	Z. W. Call.
Charles H. Say.	H. D. Chandler.
G. E. Jones.	Jas. A. Dale.
J. W. Hutchinson.	Oliver C. Patterson.
E. M. Dayley.	Chas. Barker.
Henry C. Smith.	Jacob F. Daggett.
D. T. Page.	Jas. Murrill.
John Byers.	Jas. M. Lewis.
John A. Moore.	Jas. B. Ramsey.
F. M. Dermey.	Henry King.
Henry Frank.	Peter Belmont.
J. H. Hall.	George Cooper.
A. Cleaveland.	D. H. Guyon.
Willis Davis.	Benj. F. Walker.
Alfred Andrews.	Benj. R. Nisbet.
Elisha Glover.	Wm. H. Ganovin.
S. G. Derby.

General Kilpatrick, Envoy Extraordinary and Minister Plenipotentiary of the United States of America in Chili.

K.

German residents to Commodore Rodgers.

Valparaiso, March 24, 1866.

Sir: The undersigned, German residents in this city, respectfully beg to address you in regard to the danger which it is apparent their interests are exposed to at this present moment.

It is rumored that the commander of the Spanish squadron at anchor in this bay contemplates bombarding this town if certain conditions which he demands from the Chilian government are not acceded to within a given time.

We have no vessels of war of our own to protect our lives or our property, and, in consequence, respectfully call upon you, as the commander of the United States naval forces, imploring from you such protection as you would think proper to grant to the residents of your own nation. It is true we have no right or claim upon the same but the right of the weak to look up to the powerful for aid in his distress, and it would be, therefore, unbecoming for us to force upon you our arguments and reasons about the matter, and, consequently, limit ourselves to express the hope that you may find it Compatible with your position and your duties to interpose the forces at your command to ward off the threatening calamity.

We have the honor to subscribe ourselves your obedient servants.

(Signed by one hundred and sixty Germans of different nationalities.)

Commodore John Rodgers, &c., United States steamer Vanderbilt, &c.

L.

Mr. Schuth to Commodore Rodgers.

Valparaiso, March 26, 1866.

Honorable Sir: I have the honor to address you in my official capacity as representative of the kingdom of Denmark in this republic of Chili, and guardian of the interests of the Danish residents in this port, in particular, enclosing you herewith a petition tendered me to-day by my countrymen residing here in which they implore of me to take such steps as will effectually defend their lives, families, properties, and liberties from the imminent peril in which they are placed, as they fear that the barbarous threat of bombarding conveyed in the last ultimatum presented by the Spanish plenipotentiary and commander-in-chief of the Spanish forces in the Pacific may be carried into effect.

It is not my object to enter into an analysis of the different points of the unfortunate differences between these two countries, notwithstanding, while imploring your protection, I would request of you to review the prevailing and unanimous opinion of the powers of the old and new continent, as to which country is in the right and which has outraged international customs and duties.

I, for my part, warmly second my countrymen’s petition, the more so that I am convinced the Spanish government has acted throughout towards this nation, infringing international law, and in a most high-handed and humiliating manner assuming an attitude which I do not hesitate to state it would not have done had this young country at its command a maritime force capable of showing front to their forces.

Waiving the questions of right and wrong, on which side it be, the main point on which this my petition is based is the recognized fact of Valparaiso not being a fortified town. No resistance can be made to a bombardment, were such a wanton deed to be perpetrated by the Spanish admiral. I therefore invoke you, in the name of humanity, in the name of all that is just, right, and chivalrous, to interfere as energetically as the proximity and serious character of the case requires, to prohibit this revengeful, cruel proceeding.

The proclaimed intention of the Spaniards is to injure the Chilians and their country as much as possible. The projected deed, however, as is well known, damages not them but us foreigners, and consequently is a profitless inhumanidad, and one that ought to have been smothered as soon as conceived.

For $1,000 worth of Chilian property that would be bombarded and destroyed in this town by a general bombardment, or even by that of the custom-house, there would be ruined $1,000,000 worth of that of inoffensive foreigners, the proceeds of many years of hard toil and persevering labor at the expense of a prolonged separation from their homes, their families, and their friends.

Loss of property which may be destroyed is but a secondary consideration compared with the fearful calamities that inevitably ensue from such a calamity. It would imperil the lives of the immense numbers of innocent foreigners accumulated in this port, and this not only in the work of a general bombardment of the town, but even of the public buildings.

In consideration of the amicable understanding which fortunately exists between our respective nations, I do not hesitate to direct you this petition, and confidently trust you will interfere in our behalf and uphold the cause of humanity as effectually as you possibly can

Recommending this my appeal to your kindest consideration, I have the honor of subscribing myself with much esteem, honorable sir,

Your obedient servant,

NICOLAS C. SCHUTH.

Commodore John Rodgers, Commander of the U. S. Naval Forces in the Pacific.

Danish residents to Mr. Schuth.

Valparaiso, March 26, 1866.

Sir: It having come to the knowledge of us, undersigned, Danish subjects at present residing at Valparaiso, and doubtless, likewise, to the notice of you, the honorable Danish consul, that Casto Mendez Nunez, appointed minister plenipotentiary and commander-in-chief of the Spanish forces in the Pacific, intends, in case of a refusal of his proposed conditions, to employ more effective and violent means to vindicate the insult which the Spanish nation believes to have suffered. The next step, after a blockade of six months, according to our opinion, would be a bombardment; and, as the rumor confirms it, and even appoints the time when it will take place. The probability of such a catastrophe has induced us, after a mature deliberation, to claim your protection.

Although the Spanish government repeatedly, and to different powers, has solemnly promised to take in due consideration the interests of the neutrals, the result, in case of bombardment, would be that all the property belonging to us neutrals, and for which we have been laboring for years, and even the lives of us and of our families, would be endangered.

While we lament that the Danish government has not any naval force stationed on this coast in the present emergency, to watch our interests and lives, and in this way be enabled to protect ourselves in case this terrible calamity should happen, we are persuaded that still there would be left a way open to secure the protection of our lives, families, and interests, if the honorable consul general would put himself in communication with the commander-in-chief of the United States and English squadrons—the only foreign powers with force here at present.

These powers are well known to be, fortunately, on the most friendly and amicable terms with Denmark, and we doubt not that an appeal, under the present circumstances, to the above named commanders, would find acceptation, particularly when this our petition is accompanied by an appropriate official note from the Danish general consulate.

Convinced that this our appeal will have your special attention and immediate despatch, we leave our fate in your hands without further recommendation than the question itself.

[Here follow eighteen signatures.]

Valparaiso, March 27, 1866.

I, Nicolas C. Schuth, royal Danish consul general for the republic of Chili, do hereby certify that the foregoing petition is a true and correct copy of the petition delivered on the 26th of March to this general consulate, from the Danish subjects residing at present here.

In witness whereof, I have given this my proper handwriting in the Danish general consulate of Chili.

[seal.]

NICOLAS C. SCHUTH.

M.

Copy of petition directed to the English Admiral and the United States Commodore.

General Consulate of Hamburg in Chili, Valparaiso, March 26, 1866.

Sir: I take the liberty to solicit your aid and protection for the Hamburg subjects resident in this town, whose representative I am, in the event that the Spanish admiral should carry into effect the bombardment of this city, as he has threatened to do. The bombardment of a defenceless town, like Valparaiso, would be the utter ruin of each and every one of the inhabitants, and certainly must be considered an act of unprecedented severity, not in conformity with the principles of international law, to which all civilized nations adhere. Being without the proper means to oppose the measure, I hereby make free to put under your protection the lives and property of the Hamburg residents, confiding that you will favor them with the same aid which you will afford to the citizens of your own country. I venture to hope that you will be able to prevent the contemplated destruction of neutral property; assuring you at the same time that the senate of Hamburg most gratefully will acknowledge the aid afforded to the Hamburg subjects.

With sentiments of high esteem, I have the honor to be, sir, your most obedient servant,

CARLOS TINI.

N.

[Translation.]

Admiral Mendez to Mr. Villalon.

Headquarters of the Squadron of her Catholic Majesty in the Pacific, Frigate Numancia, Valparaiso, March 27. 1866.

It devolving upon the vessels of my command to open fire upon Valparaiso on the 31st instant, I have the honor to inform your excellency thereof, thus complying with a duty of humanity, so that the aged, the women, the children, and the other non-combatants may place themselves in security. I likewise trust that your excellency may be pleased to order that the hospitals and other buildings dedicated to charitable purposes may have some flags or signal that may distinguish them, so as to prevent them from suffering the rigors of war.

God guard your excellency many days.

CASTO MENDEZ NUNEZ.

The Commandant of Valparaiso.

O.

[Translation.]

Mr. Villalon to Admiral Mendez.

General Headquarters, Valparaiso, March 27, 1866.

I have received your excellency’s note of this date, destined to inform me that on the 31st instant it will devolve upon the vessels of your command to open fire upon this city. Your excellency is pleased to state to me that the information which you give is in fulfilment of a duty of humanity, so that the aged, the women, the children, and other inhabitants may place themselves in safety. Your excellency also hopes that in-order to avoid the rigors of war, some flag may be placed upon the hospitals and other edifices consecrated to charitable objects, which may serve to distinguish them.

The defenceless people of Valparaiso, as well as its authorities, receive with calmness the announcement of the horrors which your excellency promises them; but limiting myself here to a reply to the notice which your excellency has been pleased to give me, it is my duty to waive all considerations, save those suggested to me by the note of your excellency. The city of Valparaiso, a purely commercial centre, incapable of opposing the slightest resistance. either to a bombardment or any other kind of attack, beyond the reach of the arm of its citizens, cannot be considered as a military post, nor can its peaceful and harmless inhabitants, accustomed only to the labors of peace, be deemed combatants. I therefore hasten to rectify these views of your excellency. Notwithstanding the inefficiency, which I attribute to the measure of distinguishing the hospitals and other edifices consecrated to charitable objects by signals, (because in a general conflagration, such as your excellency announces, the asylums of the destitute, confounded as they are with the rest of the city, will scarcely escape,) nevertheless, I repeat, that white flags will be placed to indicate those spots, and to thus endeavor to avoid those horrors, if not for the defenceless inhabitants, at least for the sick and dying.

I have replied to the note already mentioned of your excellency, without endeavoring to represent the tremendous responsibility which the burning of a defenceless city, and the slaughter of its peaceful inhabitants, impose upon him who dares to consummate an act of this nature.

It only remains for me to remind your excellency that it is a people of Chili which is about to suffer the horrors of extermination, and consequently they will bear them with that calm serenity assured to them by their historical antecedents.

VICENTE VILLALON.

The Commander-in-chief of the Spanish Squadron.

P.

The Intendente of the province to the inhabitants of Valparaiso.

[Translation.]

The chief of the Spanish squadron stationed in our bay is disposed to consummate the outrage of opening the fire of his batteries upon this defenceless city on the 31st instant, at 8 o’clock a. m. Such is the announcement issued by the chief himself to the commandant of this port.

The people of Valparaiso, who have given so many proofs of their patriotic self-denial will know how to support with calmness the sacrifice demanded of them for the preservatian intact of the honor of the republic. This very people who would know how to chastise the enemy, who might dare to assail them, without the advantages affored by the distance and impunity enjoyed by the Spanish squadron, is deficient in the elements necessary to make the slightest resistance to the bombardment with which we are threatened; but they possess the indomitable energy to hazard a sepulture beneath the ruins of their homes, rather than consent to the humiliation which Spain proposes to us.

With the same decision and energy with which we accept the wanton and unjust war to which she has provoked us, we ought also to accept the barbarous sacrifice of extermination with which we are threatened.

Such is the conviction of all, and the authorities as well as the citizens well know how to remain worthy of our antecedents. But besides serenity in danger, we ought to present to the world a heroic example of a people wantonly destroyed; but not sullied by the slightest stain upon their reputation for culture or civilization. Let no disorder take place in this city, which is about to become the theatre of martyrdom and heroism of our entire people. Let the Spaniards, and them only, be covered with shame at the contemplation of the smoking ruins of a city which has been the emporium of commerce in the South Pacific, and which is about to be converted into a field of ruin and desolation.

The authorities in concert with the citizens will fulfil the honorable duty of consecrating their watchfulness to the protection of the victims of Spanish fury. Let all the inhabitants of Valparaiso comprehend in the same manner the lofty duties to their country and their fellow-citizens. Our recompense will be the greatest satisfaction that Providence can dispense to a people, that of preserving spotless their dignity and their honor.

J. RAMON LIRA.

P bis.

Mr. Kilpatrick to Admiral Mendez.

Legation of the United States, Chili, Valparaiso, March 28, 1866.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States, has the honor to acknowledge the receipt of the note which his excellency the commander-in-chief of her Catholic Majesty’s squadron in the Pacific and her plenipotentiary addressed him on the 27th instant, transmitting to him a manifesto, addressed by his excellency to the representatives of foreign nations resident in Chili. In this document his excellency is pleased to state the reasons which, in his opinion, justify the employment of extreme hostilities against the port of Valparaiso and other ports upon the coast of Chili by the forces under his command, allowing a term of four days for the purpose of placing in safety the old, the young, and the helpless. The undersigned has transmitted copies of that manifesto to his colleagues of the diplomatic corps. For himself he does not feel called upon to examine into the causes of the present war, or the failure of the attempts hitherto made to bring it to a close by conciliatory measures or the force of arms; but he does feel himself called upon earnestly to remonstrate, and solemnly to protest against the destruction of a purely mercantile port, almost exclusively the property of unoffending neutrals.

His excellency states that upon the establishment of the blockade of the Chilian ports, it was conducted with lenity, and that neutrals were courteously dealt with; that finding this course unavailing to obtain the desired amends from Chili, the forces under his command made two distinct attempts to obtain by combat the satisfaction Spain demanded, and, finally, that failing to do so on account of insuperable natural obstacles, it is his duty to cause Chili to feel all the rigors of war, and he will consequently fire upon Valparaiso, and Upon any other port he may deem proper, with the guns of his squadron, as a terrible act of hostilities rendered legitimate by the reasons set forth by him, and which place the full responsibility of all the evils thereby caused to neutrals upon the government of Chili. These reasons fail to satisfy the undersigned, as they will fail to satisfy civilized nations, that his excellency the Spanish admiral is justified in resorting to a species of warfare which he himself most truly qualifies as terrible, in order to punish an enemy whom he has thus far failed to punish by legitimate modes of warfare.

While belligerent rights permit a recourse to extreme measures for the carrying out of legitimate military operations, they do not include the wanton destruction of private property, where no result advantageous to the lawful ends of the war can be attained. International law expressly exempts from destruction purely commercial communities, such as Valparaiso, and the undersigned would beg his excellency to consider most earnestly the immense loss to neutral residents, and the impossibility of removing, within the brief term allotted to them, their household goods, chattels, and merchandise.

If, however, his excellency persists in his intention to bombard the port of Valparaiso, in spite of the earnest remonstrances contained herein, it only remains for the undersigned to reiterate, in the clearest manner, in the name of his government, his most solemn protest against the act as unusual and unnecessary, and in contravention of the laws and customs of civilized nations; reserving to his government the right to take such action as it may deem proper in the premises.

The undersigned has the honor to reiterate to his excellency the commander-in-chief of her Catholic Majesty’s naval forces in the Pacific and her plenipotentiary the assurance of his distinguished consideration.

J. KILPATRICK.

His Excellency the Commander-in-chief of the Naval Forces of her Catholic Majesty in the Pacific, &c., &c.

Q.

Consular corps to Admiral Mendez.

[Translation.]

Valparaiso, March 27, 1866.

The undersigned, consuls resident in Valparaiso, have informed themselves of the note which, under date of this day, the chief of her Catholic Majesty’s squadron blockading this port has been pleased to address to the consul general of Portugal, enclosing a copy of a manifesto transmitted by said chief to the diplomatic corps resident in Chili. Informed of its contents, we cannot otherwise than manifest to your excellency with what deep regret we have seen that your excellency has taken the resolution of proceeding to bombard Valparaiso, and any other port of Chili you may see proper, giving only the period of four days to the foreign residents in which to place their lives and property in safety.

It is not our intention to enter into a discussion of the motives which your excellency adduces to justify the adoption of so extreme a measure; but it is our duty to make every effort to cause you to desist from an act which must be the cause of ruin to the interests of thousands of our constituents resident here. International law does not permit the bombardment of undefended places and the destruction of ports like this. It is condemned in itself; but in this particular case it will be more so, since Spain upon all occasions has solemnly declared, in the present war, that she will always respect neutral property and will endeavor to avoid injuries and damages of the war to neutrals. Under the shield of this promise the foreigners resident in this city have continued in their peaceful avocations, and confident that Spain would faithfully comply with such solemn pledges. The port of Valparaiso, your excellency well knows, represents throughout its entire extent valuable neutral interests, and its destruction would fall almost exclusively upon subjects of powers friendly to Spain, while the country itself will scarcely feel the effects of so violent an act. The bombardment of Valparaiso may rather be considered as an act of hostility against neutral residents, since its effects will be felt by them alone. History will certainly not present in its annals any event which can rival in horror the picture which will be presented by the bombardment of this city. It will be an act of vengeance so terrible that the civilized world will shudder with horror in contemplating it, and the reprobation of the entire world will fall upon the power which may have carried it out. The burning and destruction of Valparaiso will be the certain rain and destruction of a flourishing city; but be your excellency well persuaded that it will also be an eternal blot upon Spain. The city of Valparaiso will rise from her ashes, but never will the stain be wiped away which will sully the flag of Spain if your excellency perists in carrying out so cruel an attempt. If, notwithstanding all, your excellency does carry it out, we shall find ourselves under the inevitable necessity of protesting in the most solemn manner, as in effect we do now protest, against such a proceeding, as against the interests of our constituents, reserving the right to reclaim from the government of her Catholic Majesty the enormous injuries which their citizens will suffer. We protest, in the face of the civilized world, against the consummation of an act which is in contradiction with the civilization of the age.

JORJE LYON, Consul General of Portugal.

H. FISCHER, Consul of Prussia.

N. C. SCHUTH, Consul General of Denmark.

A. W. CLARK, Consul of United States.

FRANCISCO MATTHAEI, Consul of Hanover.

OSCAR AD. BERKEMEYER, Consul General of Austria.

ARN TH. DROSTÉ, Consul General of Bremen and Oldenburg.

B. FISCHER, Consul of Switzerland.

P. A. TORRES, Consul of Colombia.

J. H. PEARSON, Vice-Consul of Brazil.

JOSÉ CURLETTI, Deputy Consul of Italy.

JULIO GRISAR, Consul Belgium and Deputy Consul of Holland.

FELIPE CALMANN, Consul of Gautemala.

CARLOS BALHSEN, Consul General of Sweden and Norway.

CARLOS PINI, Consul General of Hamburg, and Deputy Consul of Mecklenburg.

D. THOMAS, Consul General of Sandwich Islands.

G. ROSEMBERG, Consul of Salvador.

His Excellency Don Casto Mendez Nunez, Commander-in-chief of the Naval Forces of her Catholic Majesty in the Pacific, and her Minister Plenipotentiary, on board the Frigate Numancia.

R.

Protest of the consuls of England, France, and the Argentine Republic.

[Translation.]

Valparaiso, March 27, 1866.

The undersigned, consuls resident in Valparaiso, have informed themselves of the contents of the note which under this date the chief of the blockading squadron of her Catholic Majesty in this port has addressed to the Consul general of his Faithful Majesty, transmitting a copy of the manifest addressed by the said chief to the diplomatic corps resident in Chili.

In that note, and referring to that manifest, we are informed of the motives which compel the commander of the blockading force to bombard this city, which motives may be recapitulated as follows:

That the government of Chili having committed offences against that of her Catholic Majesty, and the former not having consented to give to the latter the satisfaction demanded, it has resorted to a series of measures of war, such as blockade and an attack upon the allied squadron in the waters of Chili, which having resulted inefficaciously, the commander of the blockading squadron finds it his bounden duty to appeal to the bombardment of this and of other ports of the Chilian coast, giving a term of four days in order that the neutrals resident in this port may place their lives and property in safety.

After duly weighing these motives, your excellency will permit me to observe:

That in order to proceed to the extreme recourse of the burning and destruction of a commercial city, completely defenceless, by which act the greatest injury will be inflicted upon the persons, families, and interests of the foreign residents, equity and the practice of Christian nations, which have regulated the rights of war, demand especial reasons, pointed out by international law, which can in nowise be made applicable to the present case;

That the motives set forth by your excellency, while in truth they are reasons of private suitableness, (conveñencia particular,) are by no means sufficient to authorize the terrible recourse of an attack against the lives or properties of completely defenceless and innocent persons, who are under the protection of the laws of nations;

That the government of Spain, under her naval commanders in the Pacific, have repeatedly declared that it was not their intention to injure neutral interests, and consequently the foreigners here residing have always lived under this persuasion, while now there is given the extremely short time of barely four days to save their families, their interests, and their very lives.

From the foregoing, we deem it our duty to manifest to your excellency the deep regret with which such an act inspires us—an act not only beyond all military necessity authorized by the laws of war, but also entirely opposed to the humanitarian principles upon which the conduct observed by nations towards one another in this age of civilization rests.

The bombardment of Valparaiso, whose population is composed, in great part, of our peoples, would be so horrible an act of hostility, that it would be unworthy of the enlightened government of her Catholic Majesty, and reprobated not only by the entire world, but by the very people of Spain itself. An act of this kind might be considered as a vengeance, without Spain obtaining by this means the reparation of the outrage complained of.

Penetrated by these sentiments, we have come to protest before your excellency, as we in fact do protest, in the most solemn and formal manner, against the act of hostility which your excellency has declared you desire to commit, reserving to our governments the right to demand from the government of her Catholic Majesty indemnity for the enormous damages suffered by their subjects.

At the same time we earnestly beg your excellency to take into consideration our observations and to desist from your intention, for the sake of justice and the laws of humanity.

Be pleased, your excellency, to admit the renewed assurances of our high consideration.

H. W. ROUSE, Consul of her British Majesty.

E GIRARDOT, Consul of France.

GREGORIO BEECHE, Consul General of the Argentine Republic.

His Excellency the Commander-in-chief of the Naval Forces of her Catholic Majesty in the Pacific, and her Minister Plenipotentiary, &c., &c., &c.

T.

[Translation.]

Admiral Mendez Nunez to the Belgian consul.

Headquarters of her Catholic Majesty’s Squadron in the Pacific, Frigate Numancia, Valparaiso, March 29, 1866.

Dear Sir: Your communication of to-day has come to hand. It states the probable sum of value of property belonging to your countrymen residing in Valparaiso, and informs me that your government will claim of her Catholic Majesty the loss and damage to property injured or destroyed by the bombardment of the city on the 31st instant.

In reply, I must repeat to you what I have already stated to the diplomatic corps in my manifest, which you and other consuls have learned from the dean, which is, that the bombardment will be at the expense of Chili, as that government has forced Spain to order it, and its agent in the Pacific will certainly carry it out; therefore my government accepts no responsibility.

With these remarks, I remain yours, &c.,

CASTO MENDEZ NUNEZ.

To the Consul of Belgium in Valparaiso.

U.

The President of the republic to the citizens.

[Translation.]

Fellow-citizens: The bombardment of Valparaiso will be the scandal of the world in the nineteenth century; the desolation of a commercial port, unprovided with walls to protect and cannon to defend it, is neither more nor less than an outrage against civilization.

To our enemies will belong the shame of having basely destroyed more houses, factories, railroads, telegraphs, and public and private buildings, in a flourishing port of the Pacific, where all foreigners, including even the Spaniards themselves, have ever found hospitality and protection. Chili, as you know, was at length compelled to accept the war which Admiral Pareja declared against her on the 18th of September—a day of glorious memory. We have fought nobly. In the waters of Papudo we obtained a splendid triumph. From Abtao our enemies fled ingloriously, and now they seek vengeance by venting their fury against the roofs of a city which cannot oppose any resistance to a squadron which commands it from afar to destroy it.

Is this the proof they have come to give us of their ancient Castilian pride, and of the nobility of modern Spain, which is at this moment boasting that she has a history which relates a glory on every page ! The admiral who asked from us amends for imaginary offences to the Spanish flag, with his own hands now drags it in the dust, and stains it in the blood of children and the aged.

Chilinos, trust in your government, who faithfully interpreting your noble sentiments, will sign no agreement dishonorable to the republic, great as may be their desire to be at peace with all nations of the world.

Chilinos, the brave are always magnanimous. Moderate your just wrath, and cause the contrast to be clear between the brutal acts of the enemy and the noble conduct of a cultivated people.

JOSÉ JOAQUIN PEREZ.

V.

[Untitled]

Valparaiso, March 30, 1866.

Sir: Under this date the secretary of the navy writes to me as follows:

The government of the republic has become aware, by means of the daily press, of the manifesto which the enemy’s squadron has addressed to the foreign diplomatic corps resident at Santiago. In this document it is pretended to give out that the Spanish squadron was made to resort to the execrable measure of bombarding the peaceful and defenceless city, on account of the absolute impossibility of measuring his forces with the small Chilian-Peruvian squadron, on account of the continued fogs and crooked channels of the archipelago of Chili.

This unfortunate statement, by which a power which boasts of its culture and generosity endeavors to palliate the most unjustifiable of outrages, is done away with when it is remembered that the Spanish ships had no difficulty in penetrating as far as the rendezvous of Abtao, and if they have not also penetrated into the new rendezvous of our squadron, it can only be attributed to an unwillingness to do so. In fact, it is not conceived how it was impossible for the Spanish frigates Blanca, Resolucion, Berenguela, and Villa de Madrid, and much less for the corvette Vencedora, to enter into a channel which the Peruvian frigate Apurimac, with much less draught than the foregoing, has navigated without difficulty. Moreover, the depth of the channel in question gave in reality to the iron-clad frigate Numancia free and easy access up to the rendezvous of the Chilian and Peruvian vessels. But since the chief of the enemy’s squadron has alleged this impossibility, really illusory, as an excuse for the impending bombardment, his excellency the President of the republic has thought proper to take away from that act of barbarous war the smallest pretext which may serve to excuse it. For this purpose he has given instructions to order your excellency as follows:

You will address the chief of the enemy, Don Casto Mendez Nunez, proposing to him a combat between the maritime forces which Chili and Peru have at their disposal and those which the Spanish chief has under his command. As these latter forces are at present incomparably superior to the former, not only on account of the number of their guns, but also on account of the iron plating and other advantages of the frigate Numancia, this vessel ought not to take part in the combat, and the elements of aggression to be employed in it should be rendered equal on either side. In order that the fogs and channels of Chili may not be a reason to refuse this proposition, let the engagement take place ten miles from this port, at a point where the Chilian-Peruvian squadron will immediately proceed. Furthermore, the details of the combat to be arranged by the commodore of the naval forces of the United States in these waters, who kindly consents to act as judge of the combat.

The result of this combat will involve the close of the present war.

If Spain sincerely desires peace, if the brave and chivalrous spirit which she boasts are not vain words, Mr. Mendez Nunez can hardly fail to admit an international duel, which is equally in consonance with the loyalty of civilized war, the interests of peace and humanity, and which will spare him the perpetration of the odious act of which he is about to be the instrument in bombarding Valparaiso. Reproducing the proposition in the note which I have just transcribed to your excellency, I have the honor to ask that you will be pleased to give me as early a reply as the present circumstances demand.

With sentiments of distinguished consideration, I subscribe myself, your excellency’s most obedient servant,

VICENTE VILLALON.

W.

[Untitled]

Valparaiso, March 29, 1866.

Notice.—At the conclusion of the bombardment a Spanish flag will be hoisted at the fore yard-arm of the Numancia, and no subsequent fire will take place without due notice.

This has been communicated to me by the Spanish admiral.

JOHN RODGERS.

X.

Commodore Rodgers to Mr. Wheelwright.

United States Ship Vanderbilt, Valparaiso, April 1, 1866.

Sir: In an official interview which I had this morning with the Spanish admiral, on board the Numancia, he assured me that he had no present intention of re-bombarding the city.

Upon the strength of his assurance, I feel confident that the people can return in safety to their homes.

Very respectfully,

JOHN RODGERS, Commodore United States Navy.

John Wheelwright, Esq., Valparaiso.

[Translation.]

Admiral Mendez to Mr. Kilpatrick

Frigate Numancia, Valparaiso, March 30, 1866.

Most Excellent Sir: I have received your courteous communication dated yesterday, in which, in reply to the manifesto which I had the honor to address to the diplomatic corps accredited in Chili, through your excellency, to set forth the motives which unfortunately made it necessary for me to resort to the extremities of the bombardment of Valparaiso, your excellency is pleased to protest against the consequences of this act of war, in so far as regards your fellow-citizens.

While the incredible obstinacy of the government of the republic, which has refused all kinds of arrangement, as your excellency personally knows, obliges me to carry out tomorrow the indispensable measure of rigor which I have mentioned, upon it will fall the responsibility, ipse facto, of all the damages which may be suffered by neutral residents of Valparaiso in consequence of the bombardment.

I avail myself of this new opportunity to reiterate to your excellency the assurances of my most distinguished consideration.

CASTO MENDEZ NUNEZ.

His Excellency the Minister Plenipotentiary of the United States in Chili.

Z.

Austrian Consul to Commodore Rodgers.

Austrian Consulate General, Valparaiso, March 26, 1866.

Sir: The apparently well-founded rumors that the commander-in-chief of the Spanish blockading fleet intends to carry his hostile proceedings to the extremity of bombarding this defenceless town, induce me, sir, to appeal to your powerful support for the protection of the very valuable interests of so many neutrals, their wives and children, and in particular for all the Austrian subjects resident here, to whom I cannot lend effective assistance for want of necessary force.

You are well aware, sir, that Valparaiso is exclusively a commercial town, where numerous foreigners of all nations reside with their respective families, who are in possession of most valuable property, and, as this town is quite defenceless, a bombardment of the same would, in my opinion, be entirely unlegal, against the regulations of modern warfare, against international laws, and, in particular, against humanity. I therefore consider it my duty to claim in behalf of the Austrian subjects, whom I represent, the strong protection which, with the naval force under your command, you may be willing to grant; and I beg you to rest assured that whatever you can do to prevent such a dreadful calamity will be most thankfully acknowledged by my government.

Confident that my request will meet your fullest consideration, I have the honor to be, your most obedient servant,

OSCAR AD BERKEMEYER.

Commodore John Rodgers, Commander-in-chief of the U. S. Squadron in this port, U. S. Steamer Vanderbilt.