No. 247.) Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, December 7, 1891. (Received January 22, 1892.) SIR: On the 3d instant I received from the secretary of the Chamber of Deputies a note, of which I inclose translation (inclosure No. 1), informing me that on that day an accusation had been made in the Chamber against certain ex-ministers of state of ex-President Balmaceda, and requesting permission to enter this legation to serve notification upon three of said ministers now refugees in the legation. I immediately addressed a note to the minister of foreign relations (inclosure No. 2), bringing the matter to his knowledge and expressing surprise that the secretary of the Chamber of Deputies should have addressed himself to this legation and not to the ministry of foreign relations. The ministers impeached are Señores Claudio Vicuña, Domingo Godoy, Ismael Perez Montt, José F. Gana, José Miguel Valdes Carrera, and Guillermo MacKenna, the three latter of whom are now refugees in this legation, and the accusation is for treason, breaking the constitution, acting in defiance of the laws, not having put the laws in execution, malversation of public funds, and subornation. I informed you fully of these matters in a telegram of 4th instant. On the 5th instant the minister of foreign relations replied to my note, a translation of which is inclosed (No. 3), giving explanation of the irregularity into which the secretary of the Chamber had fallen and repeating the request for permission for the secretary of the Chamber to serve notification upon the refugees. I replied to this note on 7th instant (inclosure No. 4), repeating from my note of 22d October certain arguments in relation to the question of extraterritoriality and the admitted legitimacy of my action in granting asylum to the persons now in the legation, and stating that, in view of the continuance of the same situation and for the same considerations stated, I did not feel authorized to concede the permission requested. I have, etc., PATRICK EGAN. [Inclosure 1 in No. 247.-Translation.] Secretary of Chamber of Deputies to Mr. Egan. CHAMBER OF DEPUTIES, Santiago, December 3, 1891. Mr. MINISTER: There has been presented to-day to the honorable Chamber of Deputies an accusation against the various ex-ministers of state. Amongst those it has been suggested in the said Chamber that there are some refugees in the legation in charge of your excellency, and it has agreed that the undersigned secretary shall proceed to notify them of said accusation in case that your excellency should be willing to permit it. In virtue of this I beg your excellency to be good enough, if you will, to indicate to me the day and hour when I may call at the house of the legation to comply with said agreement of the honorable Chamber. Availing of the opportunity, etc., M. R. LIRA, Secretary. [Inclosure 2 in No. 247.] Mr. Egan to Señor Matta. LEGATION OF the United States, SIR: Under this date I have received a note, of which I have the honor to hand copy to your excellency herewith, addressed to me by Señor Don M. R. Lira, in the name of the honorable Chamber of Deputies. Being accredited by the Government of the United States of America near to the Government of your excellency, I can not with propriety treat directly with the secretary of the honorable Chamber of Deputies. I therefore take leave to bring this matter to your excellency's knowledge, at the same time expressing my surprise that the secretary of the honorable Chamber of Deputies should have addressed himself to this legation and not to the ministry of your excellency. Renewing the assurances, etc., PATRICK EGAN. [Inclosure 3 in No. 247.-Translation.] Señor Matta to Mr. Egan. MINISTRY OF FOREIGN RELATIONS, SIR: While not questioning the grounds which your excellency had on receiving the note of the secretary of the Chamber of Deputies, of which you inclose copy, to feel surprised that the request contained therein had not been made through the medium of this department, the undersigned believes he can explain this irregularity in a form in which it happily should not offend rights and immunities worthy of consideration. The honorable envoy extraordinary can easily conceive that in treating of a matter so exciting as the accusation initiated the day before yesterday in the Chamber of Deputies against persons so conspicuous as Messrs. José F. Gana, Guillermo MacKenna, and José Miguel Valdes-Carrera, whose actual residence is known to all, the secretary of the Chamber may have fallen into the error of addressing him directly in order to effect promptly the desired object, which may be of interest also to the three gentlemen named. There having been received, together with the note of your excellency, copy of the one directed to you by the secretary, Don Maximo R. Lira, the undersigned deems it his duty, in his character of secretary of foreign relations, to bring to the knowledge of your excellency that the accusation against the six ministers of ex-President Balmaceda, three of whom are refugees in the legation of North America, is a fact, and to request from you the permission in order that Señor Don Maximo R. Lira may enter at such hour as you may fix to comply with the duty intrusted to him. The little irregularity mentioned by you to this ministry being excused, and concurring in the seriousness and great importance to justice as well as to the defense of the accused that there should be carried into effect the notification which has been ordered, the undersigned awaits until you may be good enough to determine the time for doing so, and availing of the occasion to reiterate, etc. M. A. MATTA. [Inclosure 4 in No. 247.] Mr. Egan to Señor Matta. LEGATION OF THE UNITED STATES, SIR: In replying to the note of your excellency of 5th December, referring to the accusation made in the honorable Chamber of Deputies against certain of the ex-ministers of state of ex-President Balmaceda, and the request conveyed by your excellency for permission for the secretary of the honorable Chamber, Señor Don Maximo R. Lira, to enter the house of this legation in order to notify some of the accused who are at present refugees therein, I beg to repeat to your excellency some passages from my note of 22d October last, addressed to your excellency bearing on this question, as follows: "In the note of your excellency of 26th September, No. 304, your excellency recognizes, as your excellency was obliged to do, the perfect right with which the undersigned had proceeded in giving asylum to certain political refugees. Your excellency states, 'the asylum emanated from the principle of extraterritoriality inherent to the person, the house, and the vehicles of the diplomatic agent.' "In another part of the same note your excellency corroborates the same recognition of this right, adding: 'Notwithstanding that this department has been informed of the measures that have been taken in order to prevent the refugees in said legation from abusing the protection which has been legitimately afforded to them.' "And again in the note of 29th September, referring to arrests which had taken place of various persons going out of the legation, your excellency says that same resulted not from the actions or official measures of the authorities, local or national, but from the concession, which the undersigned believes lawful, of asylum to certain offenders called political.' "It is thus recognized by your excellency on three consecutive occasions that in granting asylum to the political refugees this legation has acted with perfect correctness in virtue of the principle of extraterritoriality accepted by your excellency, and, this being so, it is entirely inexplicable to the undersigned that your excellency could consider as submitted to the tribunals by the circular of 14th September the refugees in this legation who are beyond the reach of your excellency and of the judicial power to which your excellency refers. "The house of this legation is considered as an integral part of the territory of the United States, and without the will and permission of my Government your excellency could not consider as subject to the judicial action of Chile those persons who, from every point of view, are beyond its jurisdiction." In view of the continuance of the same situation, and for the same considerations stated in the foregoing quotation, I do not feel authorized to concede the permission requested in the note of your excellency. Availing of the occasion, etc., PATRICK EGAN. Mr. Blaine to Mr Egan. [Telegram.] DEPARTMENT OF STATE, Washington, December 9, 1891. Mr. Blaine asks Mr. Egan whether the minister for foreign affairs asked him for the testimony which the Chilean minister insists was requested of him in the Baltimore case and was not given. Mr. Egan to Mr. Blaine. [Telegram.] LEGATION OF THE UNITED STATES, Santiago, December 12, 1891. (Received December 13.) Mr. Egan, in reply to the telegraphic instructions of the 9th instant, denies that he was ever asked by the minister for foreign affairs to give any testimony except that referred to in the letters written by Capt. Schley to the authorities of Valparaiso, which has already been reported in his telegram of the 4th instant. He repeats that he had no personal knowledge of the circumstances of the case; that the request of the minister for foreign affairs for testimony was made in the note of November 9, about which he called on the 14th on the undersecretary and on two other occasions on the minister, and stated that the matter was being treated directly between the Valparaiso authorities and Capt. Schley; that the minister expressed to him his entire satisfaction and agreed that the circumstances made a written reply to his note unnec essary. A copy of said note was inclosed in his dispatch No. 230 of November 11. No. 249.] Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, Santiago, December 12, 1891. (Received January 22, 1892.) SIR: I have the honor to acknowledge receipt of your telegram of 9th instant, stating that Chilean minister insists that I had been asked to give testimony in Baltimore case and that I had not done so, to which I replied to-day by telegram. For a full explanation of this matter I beg to refer you to my dis patch No. 245 of 4th instant, and have again to express my surprise at the statement communicated by the minister of foreign relations here to the Chilean minister at Washington. I have, etc., PATRICK EGAN. No. 250. Mr. Egan to Mr. Blaine. LEGATION OF THE UNITED STATES, 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., PATRICK EGAN. [Inclosure in No. 250.] Capt. Schley to Mr. Egan. U. S. S. BALTIMORE (FIRST RATE), 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 proIceed 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, W. S. SCHLEY, Captain Commanding. [Inclosure A.] Capt. Schley to the intendente of Valparaiso. U. S. S. BALTIMORE (FIRST RATE), 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., W. S. SCHLEY, Captain Commanding. [Inclosure B.-Translation.] The intendente of Valparaiso to Capt. Schley. REPUBLIC OF CHILE, INTENDENCIA OF VALPARAISO, 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 courtmartial 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. J. DE D. ARLEGUI. [Inclosure C.] Capt. Schley to the intendente of Valparaiso. U. S. S. BALTIMORE (FIRST RATE), 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., W. S. SCHLEY, Captain Commanding. [Inclosure D.-Translation.] The intendente of Valparaiso to Capt. Schley. REPUBLIC OF CHILE, INTENDENCIA DE VALPARAISO, 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. |