No. 136.
Mr. Seibert to Mr. Bayard.

No. 181.]

Sir: I have the honor to inclose herewith a translation of the protocol signed by the representatives of Chili and Italy, by which all the claims of Italian subjects against Chili not acted upon by the international [Page 187] tribunal, two hundred and sixty-one in number, were settled for the round sum of 297,000 Chilian silver dollars, and a translation of President Balmaceda’s message to Congress setting forth the number and amount of the various Italian claims, either decided by the tribunal, withdrawn, or settled, and recommending the approval of the protocol.

The Congress by a subsequent act approved the protocol and authorized the payment of the amount therein mentioned to the Italian representative, which has already been complied with.

By this settlement of the Italian claims the international tribunals established between various European Governments and Chili have ceased to exist.

The only claims against Chili arising out of the late war, still unsettled, are those of United States citizens and of Spanish subjects.

I am, sir, etc.,

C. M. Seibert,
Chargé d’Affaires ad interim.
[Inclosure 1 in No. 181.]

Translation of protocol.

Señor Miguel Luis Amunategui, minister of foreign relations of Chili, and Count Fabio Sanminiatelli, minister resident of His Majesty the King of Italy, at a meeting in this department, and being authorized by their respective Governments, have agreed to the following:

To settle all the claims, two hundred and sixty-one in number, still pending before the Italian-Chilian tribunal upon the terms agreed to by the agents of both Governments accredited before the arbitration tribunal for the sum of 297,000 Chilian silver pesos (dollars), which the Chilian Government shall pay within the fifteen days following the approval of this agreement by the Congress of Chili, deducting 6 per cent, from this amount, which, according to the arbitration convention, is to be applied towards the expenses of the said tribunal; thus canceling and wholly extinguishing the said claims.
The minister of His Majesty the King of Italy shall receive the aforesaid sum of $297,000 (Chilian silver pesos), and shall distribute it among the owners of the said claims without this distribution affecting in any manner whatever the responsibility of Chili.
It remains especially established that this voluntary and direct arrangement has been effected by the Chilian Government for the purpose of bringing the pending claims to a speedy close, and without affecting, either directly or indirectly, the principles and jurisprudence maintained by the tribunal and sustained by the Government of Chili.

In faith whereof the Chilian minister of foreign relations and the Italian minister resident have signed the present protocol in duplicate, and sealed with their respective seals.

  • Miguel Luis Amunategui. [l. s.]
  • F. Sanminiatelli. [l. s.]
[lnclosure 2 in No. 181.]

Translation of President Balmaceda’s message to Congress with reference to the Italian claims.

Fellow-Citizens of the Senate and Chamber of Deputies: The claims brought forward by Italian subjects by reason of the war on the Pacific and submitted to the consideration of the tribunal, constituted by the arbitration commission of December 7, 1882, represent 6,769,856.31 silver soles, and £127,644.4.7. Reducing the last to the first-mentioned money at the rate of 38 pennies to the peso (dollar), it is equivalent to 806,173.93 silver soles, which, added to the $6,769,856.31, makes a total 7,576,030.24 silver soles as the total sum of all the referred to claims.

[Page 188]

The interest on this sum, calculated for the space of five years at 5 per cent: per annum, amounts to $1,894,007.00 in the same money.

The claims from which the Chilian Government has been absolved, or to which it has been condemned by the decisions of the Italian Chilian tribunal, amount to $830,843.30, with $207,710.80 interest, calculated at the rate and for the time above mentioned.

The claims which the tribunal has not yet been able to take into consideration amount to $5,200,621.78, and the interest as aforesaid to $1,300,155.44.

The only claim that was settled by a direct understanding between the Government and interested party amounted to $1,973.67, the interest on which sum, calculated on the basis mentioned above, is $493.91.

The sum of $1,542,591.59, remaining after deducting from the total amount of the claims the amount decided by the tribunal, the amount it has not been able to reach, and the one closed by direct settlement, represents the claims which the tribunal has declared itself incompetent to take into account, or which have been withdrawn by the parties interested, the interest on which would amount to $385,647.90.

The amount which Chili is to pay by virtue of condemnatory decisions is $70,326.31 in capital and $21,942.36 in interest.

The money in which all the foregoing amounts have been expressed is the silver sol, at the rate of 38 pennies. (Here follows a reduction of the various amounts mentioned into Chilian currency at 5 pennies the peso, which is immaterial.)

The preceding data show the advantage accruing to the treasury by the agreement contained in the protocol. In effect, supposing that the proportion in the amount represented by condemnatory sentences in future of all pending claims, over which the tribunal would have to decide, were the same as the sentences given to date, the new decision would put an obligation upon the State of not less than $435,000 silver; that is to say, the State would have to pay $138,000 more than the sum fixed in the present transaction.

In the desire to put a definite termination to all matters that trace their origin to the last war, by which it is pretended to derive responsibilities against our country, my Government has gladly accepted the idea to settle, by the payment of a round sum, all claims yet pending the decisions of the Italian-Chilian tribunal, and by virtue of which it has arrived to an agreement with the representative of His Majesty the King of Italy in the adjoint protocol, which having been heard by the council of state, I have the honor to submit to your approval.

  • J. M. Balmaceda.
  • P. L. Cuadra.

[Inclosure 3 in No. 181.]

Decisions of the Italian-Chilian tribunal.

[In decisions marked with an* the Italian arbiter dissented from the opinion of the majority of the court.]

[Page 189] [Page 190]
No. Name.___ For what claimed. Value. Remarks.
7 José For levying a forced money contribution by Chilian officers, May, 1881. $1,000.00 Allowed.
22 Luis Marcone For destruction of two houses in Mollendo, March, 1880. 10,000.00 Disallowed.*
101 Luis Marcone For destruction of property on five farms and in Ancon. 19,000.00 Do.
12 Juan B. Sanguinetti Losses by the bombardment of Pisagua. 70,000.00 Dismissed.
16 Angel Mazzari For destruction of his hotel at Casapaloa. 15,107.00 Disallowed.
58 Eduardo Costa For depredations by Chilian soldiers on his farm near Lima. 6,068.00 Allowed $3,000.
59 Juan Cuneo do 6,495.00 Allowed $1,000.
60 Luis Arata Destruction of two houses and merchandise in Cañete. 8,700.00 Disallowed.
63 Balth. Colombo Destruction of crops on his farm near Lima. 1,710.00 Disallowed.*
68 José Paggi Destruction of farm 5,100.00 Do.
Property and personal injuries. 12,000.00
61 Angel Astengo Losses on his farm by Chilian soldiers. 4,600.00 Allowed $2,300.
62 Pedro Gazzola Destruction of his property in Lunahuana, December, 1882. 23,600.00 Disallowed.
26 J. Carlos Serra Destruction of property in Arica. $2,852.30 Disallowed.*
28 José Vignolo et a do 6,000.00 Do.
70 A. Barchiese Destruction of a fishing-boat in the bay of Callao. 1,800.00 Disallowed.
87 José Caprile Destruction of his property at Tacna. 1,493.20 Do.
144 Lorenzo Navaro Destruction of his property in Callao. 8,493.70 Disallowed*
24 Marcelo Gullino Destruction of his property in Arica. 8,432.09 Do.
69 Lorenzo Taeeione Destruction of a fishing-boat and other property. 2,600.00 Disallowed.
123 Pedro Cota Destruction of property at Tacna and other places. 1,665.40 Do.
13 José Bergtagliatti Destruction of five houses in Pisagua by bombardment. 21,500.00 Dismissed.
17 Pablo Monteverde Destruction of property in Callao. 3,000.00 Allowed $2,000
146 Santos Padovani Destruction of property and house. 20,000.00 Disallowed.*
178 Antonio Blotte Destruction of property on his farm. 4,000.00 Do.
31 Manuel Bozzano Destruction of property in Pisagua. 1,060.00 Do.
76 Antonio Bocca Destruction of farm near Callao. 15,450.00 Do.
147 Federieo Granier Destruction of property in Callao. 3,839.03 Do.
20 José Fetta Destruction of property at Tacna. 16,000.00 Dismissed.*
21 José Barabino Destruction of property at Mollendo. 5,000.00 Disallowed.*
23 Miguel Denigri Destruction of property in Pisagua. 48,000.00 Do.
98 Estaban Casasa Destruction of property in Tacna. 1,157.90 Do.
99 Alberto Padesta Destruction of property in Matucana. 3,308.00 Disallowed.
124 Jacinto Gibelli Destruction of property in Tacna. 10,545.00 Disallowed.*
205 Jacinto Gibelli do 320.80 Filed for want of proof.
207 Natalio Savio Destruction of property in Jaguay. 3,180.60 Do.
239 Juan Languases Destruction of property near Lima. 910.00 Do.
14 Morfino Richini & Co Losses by the bombardment of Pisagua. 35,000.00 Disallowed.*
71 José M. Balbi Destruction of his property in Chorillos. 28,500.00 Do.
72 Constantino Dodero do 43,054.00 Do.
180 Constautino Dodero Destruction of his property in San Luis de Cañete. 12,860.00 Disallowed.
185 Juan Bruno Destruction of his fishing-boat at Chorillos. 1,100.00 Do.
188 José Molino Destruction of his house at Chorillos. 8,629.00 Disallowed.*
209 Ponpeyo Baggioli do 21,500.00 Do.
212 Eduardo Piaggio do 7,500.00 Do.
232 Francisco Novello Destruction of his house at Canete. 4,500.00 Disallowed.
262 Schiaffino Bros do 24,400.00 Dismissed.
30 José Bartoletto Destruction of property by the bombardment of Pisagua. 115,000.00 Disallowed.*
131 José Bartoletto Destruction of property in Tacna. 1,012.48 Dismissed.
140 Gregorio Miano Losses in Lima 6,000.00 Disallowed.
161 Andres Barreta Losses in Callao 8,000.00 Do.
172 Andres Figari Losses in Pisagua 4.014.00 Disallowed.*
194 Nicholas Gambetta Destruction of farm property, etc., at Torata. 4,960.00 Allowed $500.
201 Estaban Berrisso Property taken from his farm near Lima. 3,860.00 Allowed $500.
223 Jeronimo Consigliere Losses at Cañete 15,470.58 Disallowed.
224 Jorje Veacava Losses at Lunahuana 12,000.00 Disallowed.*
294 Francisco Elena Losses at Jauja 2,205.00 Disallowed.
295 Bautista Maresca Destruction of his paper mill in Callao. 5,000.00 Disallowed.*
339 José Morello Losses on his near Lima 12,000.00 Disallowed.
338 Carlos Grimaldi Destruction of his hotel at Pacochaca. 4,493.30 Disallowed.*
360 Francisco Ottone Destruction of his farm near Lima. $6,800.00 Disallowed.
263 Dolore Hernandez (widow). For the death of her husband at Chorillos by Chilian soldiers. 30,000.00 Disallowed.*
218 Vicente Rosso Losses of farm property near Lima. 11,700.00 Awarded $800.
5 Julio Zanelli Losses by bombardment of Pisagua. £206,13 Disallowed.*
32 Antonio Cadamestori do $6,500.00 Do.
40 José Cartee do 5,500.00 Do.
158 Antonio Capelleti do 12,000.00 Do.
82 Francisco Barbero Destruction of his property in Lima. 2,600.00 Awarded $400.
183 Juan Damonti Destruction of three boats at Chancai. 3,959.00 Dismissed.
235 Luis Costa Destruction of farm property near Miraflores 700.45 Do.
269 Luis Costa Destruction of farm property near Miraflores. 1,600.00 Disallowed.
278 Luis Assereto Sacking of his store at Pecay 705.80 Dismissed.
272 Juan Bailletti Loss of six mules and five horses. 1,700.00 Do.
280 Alf. Gambarini Sacking of his saloon and store at lca. 655.00 Disallowed.
381 Luis Segalerba Sacking of his property at Concepcion. 8,165.70 Dismissed.*
335 Fernim Eterno For goods furnished to Chilian soldiers. 2,078.50 Dismissed.
337 Juan Solari Destruction of his property on the island of San Lorenzo. 13,723.00 Do.
342 Manuel Molfino Destruction of wines and liquors. 13,200.00 Do.
350 Damian Mustigo Property destroyed by Chilian soldiers. 1,787.00 Disallowed.
351 Felipe Diego Schiattino For sacking his property and imprisonment. £45,438,14 4 Dismissed.
365 Andres Picasso For the sacking of his store at Huancatango. $15,000.00 Do.

Besides the above there were forty-eight claims ordered to be filed, for want of proper papers, the amounts of which were not given in the Diario Oficial, in which the decisions of the tribunal appeared.

To the Italian-Chilian tribunal were also three Belgian claims submitted, amounting to $5,639.80 and which were all dismissed.

It will be noticed that the sum total of Italian claims as given in the message of the President to Congress (inclosed herewith) exceeds the figures given in dispatch 133, May 11, 1887, also taken from the Diario Oficial at about that time.

In the preceding list of decisions of the Italian-Chilian tribunal, it will be noticed, that like the Anglo-Chilian tribunal, not a single award is made for the destruction of property at Miraflores or Chorillos, occasioned either during or after the battle at those places.

C. M. S.