take up his cause and relieve him from the embarrassment consequent upon the attitude he had assumed as a friend of Balmaceda. Mr. Foster said that the people of Chile knew Mr. Egan and had no confidence in him nor respect for him. They felt that he was largely responsible for the war, because as a friend of Balmaceda he had encouraged him to acts of hostility and assured him of the sympathy of the United States. Mr. Egan, he said, had excited the displeasure of the people of Chile by his extraordinary course, and if there was a rupture between the two countries, it will be entirely his fault. Mr. Egan had aided and abetted Balmaceda, Mr. Foster said, and had enlisted his Yankee followers in Balmaceda's cause as spies and in other capacities. His whole conduct had been such as to arouse national indignation, and some of the men he was protecting from punishment for violation of the law were, Mr. Foster said, charged with being spies and assassins. Mr. Foster expressed the opinion that Mr. Egan was trying to retrieve the fortunes of himself and others whom he had induced to take up the cause of Balmaceda by kicking up a disturbance. He said he had just received a letter from his son saying that Mr. Egan's son had filed a power of attorney as representative of the parties who were charged with a fraudulent railroad transaction. "Mr. Egan should have been recalled long ago," he said. "Had another man been sent to Chile as soon as it was discovered Mr. Egan was meddling with Chilean affairs, there would be no sort of trouble between the two countries. I can not understand why the Administration keeps him there to affront our people. You may depend upon it that Chile will respect law and order, and not do anything which is not warranted by the circumstances, but she will not be bluffed by any peremptory demand made by the United States upon misrepresentations by Mr. Egan." [Inclosure 2 in No. 234.—Translation.] Señor Matta to Mr. Egan. MINISTRY OF FOREIGN RELATIONS, SIR: I have just received the note of your excellency, dated yesterday, in which you ask me if Mr. Julio Foster, now in Washington, is invested with any authority or special commission from Chile, inclosing, in order to justify the inquiry, a cutting from a journal called the Sun, which is published in New York. In hastening to reply to the honorable minister extraordinary, and being surprised that the question should be directed here instead of to Washington, where Chile has now an envoy extraordinary accredited and received, I have to say that there is no evidence in this department that Mr. Julio Foster has ever received any special commission or authority whatsoever. With which, reiterating to the honorable minister plenipotentiary the expression of my consideration, I remain His obedient servant, [Inclosure 3 in No. 234.] M. A. MATTA. Mr. Eastman to Mr. Egan. CERRO ALLEGRE, Valparaiso, November 11, 1891. MY DEAR SIR: My wife and myself will leave for Santiago on Friday or Saturday, and you will naturally suppose we should much like to see our near relative Guillermo MacKenna, who, in company of his worthy cousin, Don Juan, you have nobly covered under the folds of one of the banners that represents most generously the sentiments of civilization and humanity. May God bless you and yours for all your goodness shown invariably to all Chileans during the hard and difficult times that your diplomatic mission in Chile has had to encounter; but if you have been unfortunate enough to meet with some in this country who have not had the good sense nor the spirit of justice to recognize the exquisite tact observed by you throughout our unfortunate conflict, you will always have in your favor the satisfaction of haying nobly complied with your duty to your country and to your own conscience, thus linking the sentiments of the official man with those of the gentlemen. Wherever destiny may carry us, during the more or less short years we may have to live, you may rest assured that our blessings and our gratitude will accompany you wherever you go, and God, from whom nothing is hidden, will bless you and yours. As I shall only be two or three days in Santiago, you will kindly advise me on my arrival (Hotel Öddo) if my wife and self can conveniently visit Guillermo at your house, as we would not on any account wish to put you to the slightest inconven ience. With our united and best wishes to yourself and yours, believe me, my dear sir, Most faithfully yours, ADOLFO EASTMAN. Mr. Egan to Mr. Blaine. No. 235.] LEGATION OF THE UNITED STATES, Santiago, November 20, 1891. (Received December 26.) SIR: I have the honor to inclose copy of a letter received from Capt. Schley, under date of 11th instant, in reference to attack of 16th October on the sailors of the Baltimore, with copies attached of accompanying inclosures marked A to G, being his correspondence with the intendente of Valparaiso from 3d to 11th instant: I have yet received no further official information on this matter, but have reason to believe that, under instructions from the Navy Department, the sailors of the Baltimore are to-day giving their evidence before the judge of crime. I have, etc., PATRICK EGAN. [Inclosure in No. 235.] Capt. Schley to Mr. Egan. U. S. S. BALTIMORE (FIRST RATE), MY DEAR MINISTER: I have the honor to inclose to you the correspondence, lettered and arranged chronologically, which I have had with the intendente of Valparaiso touching the matter of the appearance of my men before the judge of the criminal court to testify in the cause now being inquired into in relation to the assault upon my men on October 16. As some of these letters to him express conditions and limitations in relation to this matter in accordance with instructions of the honorable Secretary of the Navy, I think I have the right to complain that their publication here in the press of Valparaiso is quite unusual under the circumstances. With reference to the letter marked C, it was written only after I had sent an officer on the 23d or 24th of October to solicit from the intendente this protection for my officers and men and market boats, but which he did not feel justified to afford or to advise at that time. Very respectfully, [Inclosure A.-Translation.] W. S. SCHLEY, Captain Commanding. The intendente of Valparaiso to Capt. Schley. REPUBLIC OF Chile, Intendencia of Valparaiso, November 5, 1891. The judge of the court of crimes in an official note dated the 3d of the month informs me as follows: "In the trial against Charles G. Williams and forty others, concerning the affray of the North Americans with Chileans, under the date of October 31, the following has been decreed: "Let it be put into execution that the wounded sailors of the Baltimore be confronted with the culprits in the affray in order that they mutually recognize cach other; and if the former are still in the hospital, let them be summoned to this end. If the contrary be the case, the intendente of the province should act, addressing himself to the commander of the ship, that he may obtain their appearance. "I communicate this, notifying you that the sailors whose appearance is solicited are: J. H. Talbot, C. Panter, W. Turnbull, J. Davidson, and J. Hamilton.” I have the honor to communicate this to you to the end that you may have the kindness to order, if it would (not?) be inconvenient, the appearance of the sailors to whom the said judge refers. God guard you. J. DE D. ARLEGUI. [Inclosure B.] Capt. Schley to the intendente of Valparaiso. U. S. S. BALTIMORE (FIRst Rate), SIR: In reply to your excellency's letter of yesterday informing me of the decree of the judge of crimes and citing the appearance of J. W. Talbot, George Panter, William Turnbull, J. Davidson, and John Hamilton, that they may confront those accused, I have the honor to state that my surgeon is of the opinion that their appearance at the court for the present would be inadvisable, as they are still too weak and nervously shattered to undergo the ordeal of such excitement. I would therefore suggest that some hour and date several days in the future be set, when I will send them in charge of one of my officers to testify only under the conditions mentioned in my letter of November 3. William Turnbull, one of the witnesses cited by the court, died of his wounds on October 25. I have, etc., W. S. SCHLEY, Captain Commanding. [Inclosure C.] Capt. Schley to the intendente of Valparaiso. U. S. S. BALTIMORE (FIRST RATE), SIR: As my vessel is at the present time lying in the port of a nation with whom my Government is on peaceful and friendly terms, and as I have not been able to allow my officers or men to visit the shore, or to allow a market boat in the morning with the same assurances of protection as are accorded to the other foreign men-ofwar, I have the honor to request that both my officers and men may be accorded the same privileges, the same courtesies, the same protection when on shore, as your excellency's Government accords to the officers, men, and boats of other foreign menof-war now here, and which are usual among nations in time of peace. To this end I await your excellency's reply, and I have the honor to be, Very respectfully, W. S. SCHLEY, Captain Commanding. [Inclosure D.-Translation.] The intendente of Valparaiso to Capt. Schley. REPUBLIC OF Chile, Intendencia of Valparaiso, November 6, 1891. I have the honor to acknowledge the receipt of your two communications of to-day, one referring to the appearance of the men belonging to the ship under your command, for the purpose of the confrontation decreed by the judge who is conducting the examination in relation to the unfortunate occurrence of the 16th of October; and the other to the protection you request for the officers of the Baltimore, for the crew of said ship when it is necessary or when they wish to come on shore, and for the daily market boats. For this purpose you remind me that the United States is a power which is at peace with Chile, and which, for the same reason, believes itself entitled to the same privileges and protection that Chile affords to the people of the other foreign ships at present in Valparaiso. As far as the contents of the first of these communications is concerned, I confine myself to saying that I have this day transmitted it to the judge of crimes for his information and legal conclusions. In regard to the second, this intendencia does not disown the essential incident upon which it is founded, asking the privileges and protection which, as far as it is responsible, it feels disposed to grant to all the commander, officers, and crew of the cruiser Baltimore, which you command. And more, it can assure you that from the time that he, the undersigned, took charge, the most clear and definite instructions were given in regard to this matter, and especially with relation to the commander, officers, and crew of the cruiser Baltimore. To-day the undersigned reiterates these same instructions to the commandant of police, ordering that from 6 to 8 a. m. daily there shall be posted at the passenger mole an officer with an appropriate force to protect the market boats that you may send. But with this idea, I must repeat to you what I said to the officer you sent to me the 24th or 25th of October, asking me if it would be safe for the sailors that might come on shore. On that occasion I said to the officer before mentioned: It is the duty of the intendencia to protect every person that comes on shore; but as it depends for this only on the police forces, and as these, according to official documents of which the intendencia is in possession, do not inspire the confidence of the commanding officer of the Baltimore, I leave to his discretion and prudence the calculation whether it is proper to allow the sailors to come on shore. In regard to the officers, I do not believe there is any hindrance to their coming ashore, and in respect to the market boats the same precautionary measures will be adopted as when Admiral Valois informed me that his daily market boats were molested at the mole. I think it opportune to repeat to-day to you the same as I verbally communicated before by means of the officer to whom I have referred, because, believing that you are animated by the best spirit to avoid anything that might give occasion for a conflict of any kind, I feel sure you will proceed with your characteristic prudence. God guard you. J. DE D. ARLEGUI. [Inclosure E.-Translation.] The intendente of Valparaiso to Capt. Schley. VALPARAISO, November 9, 1891. The judge of the criminal court, in an official letter dated the 6th of this month, informs me as follows: “I was delayed, Mr. Governor, by the translation of the official letter sent to you by the captain of the Baltimore, in which he is good enough to communicate a list of names of persons who can be called to depose in the proceedings that this tribunal has instituted in relation to the disorders of the 16th of October last, and I am pleased to inform you that under the act of this tribunal all of the persons indicated have been cited to appear. "In this communication the captain mentions also several of the crew of that vessel, but to permit them to come and depose he exacts: First, that they must be permitted to express themselves in their own language; second, that they may be accompanied at the tribunal by an officer who will act as counsel; third, that their declarations be public and not secret; and, fourth, that the captain be permitted to read their declarations. "With respect to the first condition required for the appearance of the Baltimore's sailors, you will understand that on the part of this tribunal there is no difficulty in accepting it, nor would they be able to depose in any other way if they do not possess the Spanish language. I am able to add, further, that in giving every facility to the right and defense of the American sailors this tribunal will accept declarations through an interpreter that they themselves may designate, notwithstanding that in the secretary (secretary's office-secretariat) may be found an official of this nature who has never given any reason why his impartiality and discretion might be doubted. "It does not happen to be the same with respect to the rest of the required conditions, to none of which could this tribunal accede, as all of them are contrary to the secrecy which our laws of proceeding in substantiating criminal judgments require while these may remain in a state of inquiry. "The administration of justice of Chile will not be able to accept, Mr. Intendente, without disgrace to its honor and to the prerogatives that belong to the Republic as a free and sovereign nation, that in virtue of exigencies could neither be justified by law or by right, to make distinctions openly contrary to the laws which our country preserves for the right of all, whether natives or foreigners. "In regard to this matter, I reproduce, besides, the considerations of my letter No. 406, of this same date, which I have sent to you in reply to the claim that the North American consul has been pleased to make in regard to the sailor Patrick Shields, of the steamer Keweenaw, and which you may give to the captain of the Baltimore for his information. "Perhaps, without insisting in his requirements, the captain may be able to obtain what he desires by sending any officer in his confidence, who is a master of the Spanish with the sailors, and who may serve as interpreter." I have the honor to communicate this to you for your information, also the accompanying copy of the official letter No. 406, to which the said judge refers. God guard you. J. DE D. ARLEGUI. [Inclosure F.] Capt. Schley to the intendente of Valparaiso. U. S. S. BALTIMORE (FIRST Rate), SIR: I am instructed to accept the conditions of his honor the judge of the criminal court, granting the presence of an officer, acquainted with the Spanish, as interpreter, and that the men of my ship may declare in English during the pending preliminary investigation, on condition that I may be furnished with a copy of the evidence as given in English, read over and signed by the witnesses; it being understood that I will defray any expense incurred in making such copy. I have, etc., [Inclosure G.-Translation.] W. S. SCHLEY, Captain Commanding. The intendente of Valparaiso to Capt. Schley. REPUBLIC OF CHILE, Intendencia of Valparaiso, November 11, 1891. I take pleasure in communicating to you that this intendencia has transmitted to his honor the judge of the criminal court your official note of this date relative to the appearance of the sailors of the ship under your command, involved in the occurrences of the 16th of last month. God guard you. J. DE D. ARLEGUI. No. 236.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, November 20, 1891. (Received December 26.) SIR: For some time past the legation has been surrounded, especially at night, by a number of secret police agents or spies, composed of peones and persons of a very low grade, who have been hanging around the corners of adjoining streets, sitting upon the doorsteps and |
