The judge of the criminal court of Valparaiso to the intendente of Valparaiso.
I.
Señor Intendente: I have read the translation of a communication sent to you by the commander of the Baltimore, in which he sends a list of names of persons who may be summoned to testify at the examination which this court is now holding concerning the riot of the 16th of October last, and I am happy to inform you that the court has ordered all the persons mentioned to be summoned without delay.
The commander of the Baltimore, in his communication, mentions several of the men belonging to the crew of that vessel; before allowing them to testify, however, he requires:
- (1)
- That they be permitted to make their statements in their own language.
- (2)
- That they shall be accompanied at court by an officer who is to serve as their adviser.
- (3)
- That their statements shall be public and that they shall not be held in reserve.
- (4)
- That the commander shall be allowed to read their statements.
As to the first condition required for the appearance of the seamen of the Baltimore, you will understand that this court has no objection to it whatever, nor could they give their testimony otherwise than in the manner desired by the commander, since they do not understand the Spanish language.
I may also add that, desiring to furnish all necessary facilities for the defense of the rights of the American seamen, this court will accept their testimony through such interpreters as they themselves may designate, although there is among its clerks an interpreter who has never given cause for doubt as to his impartiality and discretion.
The same is not the case in regard to the other conditions required, none of which could be granted by this court, since all of them are contrary to the secrecy required by our laws of procedure in criminal cases so long as the preliminary examination of such case is in progress.
The judicial authorities of Chile could not permit, Señor Intendente, without detriment to its decorum and to the prerogatives belonging to the Republic as a free and sovereign nation, that, in view of exigencies which are justified neither by law nor by any reason whatever, distinctions should be made which are openly in violation of the laws which, in our country, protect all persons, whether native or foreign.
On this subject I reproduce the considerations contained in my communication No. 206, of this date, sent to you in reply to the claim made by the North American consul relative to the seaman Patrick Shields, of the steamer Keweenaw, the contents of which communication you may communicate to the commander of the Baltimore.
Perhaps, without insisting upon his demands, the commander may obtain what he asks for, if he will send his seamen, together with some officer in whom he has confidence, who is familiar with the Spanish language, to act as their interpreter.
God guard you.
E. Foster Recabarren.
The foregoing agrees with the document on file at this legation.