No. 69.
Mr. Osborn to Mr. Evarts.

No. 33.

Sir: A question has presented itself to my mind upon which I desire the advice of the State Department. It is as to the status of our treaty relations with Chili. I am aware that in 1849 Chili, in so far as it could under the first clause of Article XXXI of the treaty of 1832, terminated said treaty by giving the notice provided for in said article.

The treaty of 1832 was a treaty of peace and friendship and commerce and navigation. By reference to the clause above referred to it will be observed that each of the contracting parties reserved to itself the right to terminate the treaty at the expiration of twelve years in all its parts relating to commerce and navigation, but that in all its parts relating to peace and friendship it was to remain permanently and perpetually binding on both parties.

I have searched the archives of the legation in vain for some information touching the views of the Department of State as to the effect of the notice given by Chili. The legation does not seem to have been furnished with a copy of the notice. Article X of the treaty of 1832, as explained in Article II of the treaty of 1833, guarantees to the citizens of each country “transient or dwelling” in the other the full protection of the laws of the country in which they may be.

Does the notice given by Chili terminate, this section, and thus leave to our citizens here such guarantees only as they may have under the public law, or does the section still stand?

Several other sections of the treaty present the same question, but I have deemed it sufficient to refer to this one.

I attach some importance to the question in view of the effort which is being made in the United States to increase our commerce with this country. To effect much in this direction I anticipate that our manufacturers will consider it necessary to establish here branch business houses, but I am fearful that a total absence of treaty guarantees may have a tendency to deter our citizens from embarking in business enterprises here.

The government officials have been absent from the capital since early in January. They will probably return this month or next, when I will [Page 86] take occasion to sound the Minister of Foreign Relations as to the desires of Chili concerning a new treaty with our government. I have some reason on which to base a belief that the Chilian officials will be found ready to meet us half-way in the establishment of regulations which shall have in view the mutual interest of both countries, commercially and otherwise.

I have, &c.,