No. 112.
Mr. Osborn
to Mr. Evarts.
Legation of
the United States,
Santiago,
Chili, February 25, 1880.
(Received April 10.)
No. 131.]
Sir: Under date of the 3d instant the minister of
war and marine issued an order to the chief officer of the Chili squadron
regarding the course to be pursued in the further prosecution of the war, an
extract from which, with a translation in English, I herewith inclose.
* * * * * * *
It will be seen that this government proposes to adopt more vigorous measures
than it has heretofore had recourse to in the prosecution of the war, and
that to that end it directs the bombardment and destruction of all towns on
the Peruvian coast which have prepared cannons for
[Page 126]
defense, and the destruction of all moles and other
property in the various ports of the enemy used in the loading and
discharging of cargo.
To say nothing of the misery and suffering which would necessarily ensue from
a rigid execution of this instruction, it occurred to me that neutral rights
and interests were liable to become very seriously jeopardized by it, and I
therefore suggested to my colleagues of the diplomatic corps that it might
be well to consider the propriety of addressing the Chilian Government on
the subject. The result was a meeting of the corps, and, after a full
discussion, an understanding that each representative should address the
Chilian Government concerning the interpretation to be placed on the order
in question. A copy of my note is herewith inclosed.
You will observe that I have urged that bombardment should only be resorted
to as against towns which possess some importance in a military sense, and
that even then sufficient notice should be given to enable non-combatants
and neutrals to remove themselves and their property from danger. You will
also have observed that I have protested against the right of Chili to
destroy the moles and other means of loading and discharging cargo on the
enemy’s coast, except where Such destruction appears to be necessary in view
of the military situation.
An important fact in connection with this subject is that a very large
proportion of the population, and even a larger proportion of the property,
in the various towns on this coast, whether in Chili or Peru, is foreign;
and it is upon these people and upon these interests that the severity of
this measure must, in a great degree, fall, if its execution is insisted
upon. Many of these people are Americans. If the government should listen to
my suggestions, much ruin would be avoided, and I am not without hope of
such a result.
My note is now under consideration at the foreign office, as are also those
of the other ministers, and I anticipate a reply soon.
I have, &c.,
[Inclosure 1 in No.
131.—Translation.]
Extract from order of minister of war and marine,
February 3, 1880.
So, then, now that it is manifest that the enemy did not duly appreciate
the humanity of our conduct, I believe that our hostilities must he
conducted with greater severity. In virtue of this, all towns on the
coast that are protected by cannons should he bomharded and destroyed;
all railroads that are serving the enemy in the transportation of troops
and elements of war should he fired upon; and all moles and “boats
employed in the ports of the enemy in loading or discharging cargo
should he destroyed. In a word, our standard of conduct hereafter must
he to do the enemy all possible injury, without neglecting anything that
is authorized by the law of nations, until it is made to feel the
necessity of obtaining peace. Any other course will result in prolonging
the war without limit, and will greatly increase the sacrifices which
the country is making to sustain it.
If heretofore it was believed that great severity in conducting our
hostilities was, until a certain point, unnecessary; now we have
sufficient data to believe that we shall not oblige Peru to lay down her
arms except by reducing her to absolute want, and making her feel, in
the property and interests of her inhabitants, all the burden of the
war.
[Inclosure 2 in No. 131.]
Mr. Osborn to Señor
Amuñátegui.
Legation of the United States,
Santiago, Chili, February 21, 1880.
Sir: I find published in the Diario Official an
order from the minister of war and marine of your excellency’s
government issued on the 3d instant to the commander
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in-chief of the Chili squadron, regarding
the course to be pursued in the prosecution of the present war, touching
the purport of which I deem it my duty to address your excellency.
The very cordial relations which exist between our respective governments
encourage me to believe that the motives which impel me cannot be
misconstrued, and that my suggestions will be received by your
excellency as they are offered, in a spirit of the utmost sincerity and
friendship.
I understand the order mentioned to direct the bombardment and
destruction of all Peruvian towns which have made preparations for
defense, and the destruction of all launches, and other property whether
public or private, used for loading and discharging cargo in the various
ports of the enemy. The instruction to bombard is, I understand,
unrestricted, except as stated above. The importance of the place in a
military point of view is not to be taken into consideration. It is
enough to know that it has in place some cannons for defense. Nor is
there any requirement for the notice now so generally recognized as
necessary by the civilized governments in such cases.
The right of bombardment is a cruel one in any aspect, and the public
opinion of the world very justly demands that it should be sparingly
exercised, and when exercised that the horrors attending it should be
mitigated in the greatest degree possible. It is a relic of the
barbarism of the dark ages, against which civilization has for several
centuries steadily and unceasingly directed its fire, and while the
progress which has been made may not be as great as good men everywhere
could wish for, still much has been accomplished for humanity. The
limits which circumscribed its exercise in the ages which are past have
been through the expansion of an enlightened public sentiment gradually
reduced, until, I respectfully submit to your excellency, the law of
nations recognizes it only as pertaining to ports which possess some
inportance, strategic or otherwise, in a military sense, and that even
then sufficient notice of the proposed bombardment should be given to
enable non-combatants and neutrals to remove themselves and their
property from danger. And so, too, regarding the destruction of the
launches and moles. It will hardly be seriously contended that such
destruction could be justified except when the necessities of the
military situation might seem to require it.
These observations are of a general character, but it is in its bearing
upon the interests and rights of neutrals that I desire more especially
to direct your excellency’s attention to the order in question. These
rights are liable to be seriously compromised by a rigid execution of
the order, if I correctly understand its purport. The destruction of all
the moles and launches on the Peruvian coast, for instance, involves the
destruction of all neutral commerce with that country without the
necessity of a blockade. I trust to be informed that my interpretation
of the order in this respect is a mistaken one.
Without, however, particularizing further, I feel that my duty has been
performed in bringing the matter to the consideration of your
excellency, and I shall rest in the hope that whatever may appear to be
wrong in the order referred to, in so far at least as it affects the
right of neutrals, will be duly righted.
With sentiments of the highest consideration, I have, &c.,
Hon. Miguel Luis Amuñátegui,
Minister of Foreign Relations.
