No. 123.
Mr. Asta-Buruaga to Mr. Evarts.
Washington, December 15, 1879.
Mr. Secretary: I have the honor to address your excellency for the purpose of calling: your attention to the case of a torpedo-boat, which it is proposed to ship from Bristol, R. I., so that it may be used against Chili in its present war with Bolivia and Peru.
[Page 136]This legation has received reliable private information confirming the intelligence published on the 12th instant in the Evening Telegram (a slip containing the intelligence in question will be found on the margin of my letter), to the effect that this terrible agent of destruction has been in process of construction for some time, in pursuance of an order given by Peruvian commissioners or agents with the object above stated.
Without considering the question whether in legitimate warfare the use of an instrument of hostility would be admissible which uselessly endangers and sacrifices many lives, it may be asserted that a torpedo-boat comes under the head of armed vessels, as does any other of larger dimensions belonging to a navy, the fitting out of which violates the neutrality of the country in which it takes place. These boats are managed and operated by their own independent force, or as auxiliaries of other vessels forming part of a squadron. In such capacity they go to form, in my judgment, armed expeditions, whose preparation is in evident violation of the laws of the country in which it occurs, and from which they are conveyed for the purpose of carrying on hostilities against another with which that one is at perfect peace. I do not consider that this torpedo-boat is’ included in the right which is allowed to belligerents to purchase arms or other articles contraband of war in a neutral country.
Consequently, and in virtue of the stipulations of the treaty of 1832 between this country and Chili, which is still in full force as regards peace and sincere friendship, and of the neutrality law, I would request your excellency to adopt suitable measures to prevent the said torpedo-boat from leaving any port of these United States, it being evidently intended for hostile use against Chili.
I avail myself of this occasion to repeat to your excellency the assurances of the very high consideration with which I am
Your excellence’s, &c.,