Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 9, 1891
Mr. Egan to Mr. Blaine.
Santiago, December 12, 1891. (Received January 22, 1892.)
Sir: I have the honor to forward copy letter received from Capt. Schley, of the Baltimore, dated 9th instant, with attached copy of letters which complete the correspondence between him and the intendente of Valparaiso, and also informing me of the intended departure of his ship on 11th instant for San Francisco.
I have, etc.,
Capt. Schley to Mr. Egan.
Valparaiso, December 9, 1891.
My Dear Minister: I have the honor to inclose for your information communications marked A, B, C, etc., that I have had with the intendente since my last letter with inclosures. These letters close my correspondence with his excellency upon matters relating to the assault on my men and other incidents of the trial now in progress before his honor the judge of crimes.
I am just in receipt of orders from the Secretary of the Navy directing me to proceed with dispatch to San Francisco, Cal., and as the court needs no more testimony from my men I will sail on Friday morning at 9 o’clock. I regret that I shall not have the pleasure of seeing you before sailing, though I hope to return.
Capt. Wiltse telegraphs me that he will sail on Friday from Montevideo for Valparaiso, so you will have two excellent ships to replace the Baltimore. I know that the relations between you and the commanders of these two beautiful ships will be quite as agreeable and delightful as with myself. But in taking leave of you, my dear minister, I need hardly add that I do so with much regret, and I assure you that I go away with the fullest pride and confidence that we have the right man in the right place.
Very cordially yours,
Captain Commanding.
Capt. Schley to the intendente of Valparaiso.
Valparaiso, December 3, 1891.
Sir: In reply to his honor’s letter informing me that one of my men was discourteous to him by appearing in his presence drunk, I have the honor to inform you that I have approved the sentence of the court-martial which adjudged a punishment of solitary confinement for thirty days in double irons on bread and water and the loss of three months’ pay.
I beg at the same time to correct the impression given by his honor’s letter that the witness was so intoxicated that he could give no testimony. His testimony had already been given, and the man was unable to sign it when authenticated and ready for signature, two or three hours later. It was for this disrespect to the judge, in appearing before him intoxicated, that I ordered him court-martialed and approved the court’s sentence in its entirety.
I have, etc.,
Captain Commanding.
The intendente of Valparaiso to Capt. Schley.
Valparaiso, December 5, 1891.
Sir: I have had the honor to receive your letter of the 3d, in which you are good enough to communicate to me that you have approved the sentence which the court-martial had imposed upon the sailor who presented himself intoxicated before the criminal court of this city, on the day in which their declarations were taken, referring to the events of the 16th of October last.
The intendencia has transcribed your mentioned communication to his honor the judge of crimes, for purposes in view.
God guard you.
Capt. Schley to the intendente of Valparaiso.
Valparaiso, December 9, 1891.
Sir: I have the honor to request that you will inform me whether his honor the judge of the criminal court will require any further testimony from the men of the Baltimore in the process now pending relative to the disorders of the 16th of October.
I would be greatly obliged if your excellency will favor me with this information at the earliest practicable moment.
I have, etc.,
Captain Commanding.
The intendente of Valparaiso to Capt. Schley.
Valparaiso, December 9, 1891.
I have the honor to acknowledge the receipt of your official letter dated to-day, in which you are good enough to ask this intendencia if there will be any necessity for further testimony from other sailors with respect to the disorders which took place on the 16th of last October.
[Page 266]Notwithstanding not having received any official reply from his honor the judge of the criminal court, to whom I have transcribed your official note, I am able to anticipate to you, without prejudice in transmitting the reply which I am expecting from the court, that I believe there will be no further need for the appearance before the judge of the sailors of the Baltimore, inasmuch as all citations referring to them are completed.
God guard you.
The intendente of Valparaiso to Capt. Schley.
Intendencia of Valparaiso, December 10, 1891.
His honor the judge of the criminal court in an official letter dated yesterday, informs me as follows:
“The undersigned has to advise you of the receipt of your note No. 3629, of the 5th of the present month, in which you are kind enough to transcribe a communication from the captain of the cruiser Baltimore, giving an account of the approval of the sentence pronounced on board said cruiser by a court-martial against one of his crew for the offense committed against this tribunal in presenting himself drunk at the hearing of the 29th (?) of November last, the day on which the confrontation took place, to which several sailors of that vessel and the culprits in the cause had been opportunely cited.
“In thanking the captain, through the official channel of yourself, for the delicate zeal with which he has proceeded to punish the offense committed in this tribunal by one of his men, I make it a duty to state that the undersigned is fully satisfied with the procedure adopted; and now that the respect due to the tribunal has been upheld, the undersigned would be particularly pleased if the remaining time of punishment of the sailor before alluded to were remitted, if this suggestion is not contrary to the rules and practices of the United States Navy.
“Since, from the note sent to you by the captain of the Baltimore, it appears apart that this commanding officer has believed that the undersigned, in communicating to you in his note No. 412, of the 26th November last, regarding the state of intoxication in which some of the sailors of that ship had presented themselves before the tribunal, wished to give the idea that the sailor who was removed from the hearing by force had not been able to give his declaration, must add that in my mentioned note there will not be found the assertion relative to the fact to which the captain alludes.
“On this account, and in order to avoid ambiguities, and to leave a fixed idea, I believe that the sailor referred to gave his declaration without any trouble whatever, and that he became intoxicated during the time, in which, with the permission of the tribunal, he remained outside of the court room, together with his other companions, while the declarations which all had made in English were being translated into Spanish. When the work was completed and the sailors were recalled for the verification was when the bad condition of two or three of the sailors was noticed, and especially the one punished by the court-martial on the Baltimore.
“Besides, it is exact, that the verification of the testimony of witnesses was possible as soon as the trouble ceased by which the last of the sailors spoken of rendered himself liable to punishment. I inform you of this in reply to your previously mentioned note, and in order that you may be kind enough to transcribe the present contents to the captain of the cruiser Baltimore.”
Which I transcribe to you for your information and purposes in view.
God guard you.
The intendente of Valparaiso to Capt. Schley.
Intendencia of Valparaiso, December 10, 1891.
Although in my official letter of yesterday I had the honor to inform you that in my opinion there would be no necessity for further explanations from the sailors of the cruiser under your command, relative to the unfortunate occurrence of the 16th [Page 267] of October, I have to-day the pleasure of transcribing to you the official letter in’ which his honor the judge of the criminal court confirms my private impression which I transmitted to you.
The official note of his honor the judge of the criminal court is as follows:
“In replying to your note No. 3661 dated to-day, I am glad to inform you that according to the certification of the clerk of the court in the case, there no longer remains any pending declaration or citation of the sailors and crew of the Baltimore, in relation to the disorders of the 16th of October last.
“Consequently the undersigned believes that the advanced state of the process will not require in the future proceedings the appearance of the indicated sailors.”
Which I have the honor to communicate to you for your information and other purposes in view.
God guard you.
Capt. Schley to the intendente of Valparaiso.
Valparaiso, December 10, 1891.
Sir: I have the honor to acknowledge the receipt of your excellency’s two communications of this date, referring to incidents of the trial now in progress relative to the unfortunate occurrence of the 16th of October last, and the absence of further necessity for the appearance of my men.
In reference to the request of his honor to remit the unexpired term of the confinement of McWilliams, I have the honor to state that in deference to his wish I shall be pleased to accede to his request.
I have, etc.,
Captain Commanding.