Left at the Department by the Chilean minister.
A resolution by the national congress of chile.
The National Congress of Chile has unanimously approved by acclamation the following resolution:
Whereas, the agents of the revolution are busy at work in several countries trying to upset the credit of the Republic abroad, alleging as their authority the power of a pretended delegation of the late Congress; that said delegation has never existed, nor does exist, inasmuch as the late Congress has never met, for the purpose of delegating their powers, neither in public nor private session; that said act serving as the basis of the pretended delegation has not been signed by the majority of the late Congress, nor has it interfered in a direct and responsible form, as it is explicitly stated by the same revolutionists, and as it is shown by the fact of having never published the signatures of those who created the representation; that in the event of the existence of the above-mentioned act it is unconstitutional, revolutionary, and openly contrary to our political doctrine, inasmuch as the powers, rights, and prerogatives of a Congress are not liable to be delegated by their own nature; that even in the event of such a delegation being constitutional the late Congress could not delegate powers of which it was not invested, such as the right of insurrection, as a recourse which has never existed or could ever exist, nor held by any of the powers of the State; that in the hypothesis of the existence of such a right in Congress it could not be delegated for any length of time beyond that of their own mandate, such as has been bestowed upon it by the people; that the supposed power of the late Congress virtually ended by the popular will with the election of the 29th of last March, and ended according to the express letter of the constitution on the 31st of last May, the date on which, according to the articles 20 and 52, the period of said Congress terminated; that for these obvious and incontrovertible reasons the revolutionary board has not even the appearance of legality, having no possible representation, and usurping a delegation that has not existed, and that, at the best, has ended on the 31st of May last; that Chile has appointed a new Congress which is working regularly in fulfillment of the will of the people, from the 20th of April, and according to the literal mandate of the constitution, from the 1st instant (June), in which the President of the Republic is elected by the people, according to the constitution, for the period of five years; that in the exercise of his functions he can not be deposed by Congress; that he is irresponsible, pending the exercise of his power, and is only liable to be impeached during the year immediately following his withdrawal from power; that according to these constitutional requirements the Congress has never had nor has any power to depose the President of the Republic, and therefore he continues in the exercise of his functions, according to the enactments of the constitution and the will of the people until the 18th of September next; that the chief of the state in resisting the revolution is protecting and defending a power granted to him by the national sovereignty, within the use of the necessary powers to keep public order, the maintenance and custody of which are expressly committed to him by the fundamental charter, and that the President of the Republic has never pretended [Page 321] nor does he pretend now to extend the period of his government any longer than what is fixed by the constitution, as it is publicly well known and has been solemnly stated at different times, through his several public acts.
The National Congress resolves:
- First. To approve as valid and legal each and every one of the contracts entered into by the Government of Chile, presided over by His Excellency President José Manuel Balmaceda, before and after the 7th of January of the present year (1891).
- Second. To disprove and annul as void and illegal each and every one of the acts performed and of the obligations and contracts entered into by the revolutionary board, holding them collectively and individually liable for the same, before the proper authorities and through the proper means afforded by the international usages and our own laws for their participation, (and?) concurrence in carrying them out.
- Third. That it is subversive and contrary to the political constitution and therefore null and void, each and every one of their acts compromising Chile and making it-for the supposed delegation arrogating to themselves any powers, or to the insurgent fleet and the board of revolutionists in arms against the constitutional Government of the Republic.
- Fourth. That we consider as violators of the constitution and laws of the country all the members composing the revolutionary board, and all those assuming the character of their representatives, as ministers of state or diplomatic ministers, against the constitutional Government, squandering the public wealth in the rebellion which they are waging against the credit, peace, and welfare of the Republic.
(Translated from the Spanish original.)