had gone to unite itself with the Orbegoso in the neighbourhood of Huacho. Why were not the other national vessels-of-war sent in pursuit of the Monteagudo and Orbegoso, in order to make them return to the Peruvian Ports? Why was not the assistance of the foreign vessels-of-war solicited, the Commanders of which would no doubt have lent their assistance with good will, towards preventing the execution of an unauthorized undertaking, which compromised the peace of 2 friendly Countries, and the interests of commerce, and which, if it were not Peruvian, bore the features of piracy? How was it that the Peruvian Government limited itself to the endeavour to remove the odium of complicity, by private Communications in which the want of sincerity, even to sarcasm, is apparent, and by an inquiry which neither the culpable Agents nor those of the principal movers of the expedition who resided at Lima, and were known to every one, did not attend? Why did it not intimate to the authors of, and to the participators in the crime, the punishment which the Peruvian Laws have awarded to it, as have those of all Countries? The Peruvian Government behaved towards those Agents as though they had had nothing to do but to fulfil orders, and to the other delinquents as if the proceeding had been viewed as a matter of indifference, and not as a serious offence against the supreme authority of Peru. 2 of the principal Commanders of the expedition returned to Lima, when the Convention of the 28th of August was in full force. Were the Peruvian Laws which had been so shamefully violated avenged on their persons? Was the clause of the Convention, which stipulated that those of the expedition who might return to Peru should be banished to the interior, complied with? Observe the want of faith of General Santa Cruz in the nonobservance of that Convention, and the dexterity with which he and his Government proceeded when the ratification of it was refused. Every Government is directly responsible, for even the negligence of its agents; and when the supreme Authority is a tranquil spectator of a crime, and allows it to be consummated, without taking any steps to prevent and chastise it, its conduct is a real aggression.

The injury cannot be questionable: nevertheless, the Government of Chile was determined that the obligation of satisfaction should be looked upon as a debt of mere pecuniary reparation; and that, not with the view of insisting upon it, but of abandoning it altogether, in the event of General Santa Cruz's acquiescence in the other proposals. It were impossible to give a more positive proof than this of our pacific intentions, and of the sacrifices with which we were disposed to purchase peace. We would have consented, likewise, without the least difficulty, that the Claims made on Peru, for the expenses incurred by the assistance which we rendered to her during the war for her independence, should be cancelled; and if, with respect to the debt of the Loan, it was not permitted to us to be equally generous, under the cir

cumstance of the Republic's being engaged in an expensive adjustment with her own creditors, for sums out of which were taken those lent to Peru; at least it was the desire of the Government of Chile (and Instructions to that effect had been given to our Minister Plenipotentiary,) to have reduced the capital and the interest due thereupon to an equitable amount, competent security being given for the payment of the interest and the gradual extinction of the debt.

The 4th of the bases proposed to the Peruvian Minister Plenipotentiary carried with it an object, in which not only our security, but also that of the rest of the Republics of the South, were interested: for it was of great importance to avoid grievous expense, because the consequence of the increase in the naval force of Peru would be the augmentation of that of each of the other Republics. And where would these successive efforts, so ruinous to the revenues and internal prosperity of them all, terminate? The object we proposed was of general advantage; and withal, as the employment which each State wished to make of its resources is a matter with which the others ought not to meddle, unless their tranquillity were molested, we would not have hesitated to accept any other guarantee, although it were not altogether equivalent, and in this sense the Instructions given to the Chilian Minister Plenipotentiary were literally conceived.

With regard to the 5th basis, both parties were to renounce every measure of exception against their respective commerce. We could not be unmindful of this subject, after the declared hostility for sometime past of the Peruvian Administration against the commerce of Valparaiso (particularly since General Santa Cruz has obtained such a decided ascendancy in Peru), and which could easily be renewed, under the influence of that spirit of rivalry which finds it more easy to injure the prosperity of a neighbour by odious exceptions, than to stimulate its own by the legitimate means which nature has placed within the reach of every State. The Peruvian Government had long since reason to know that, content with impartiality, we do not aspire to any privileges of that description.

The last of the proposed bases, the exemption of the Chilians in Peru, as also of the Peruvians in Chile, from contributions and special exactions, and from all compulsory military service, is of the most rigorous justice. Chile has for many years been subject, notwithstanding her incessant complaints, to the annoyance of seeing hundreds of her citizens dragged to the ranks of the army and militia, and on board Peruvian vessels-of-war, whilst those of other nations have enjoyed a complete immunity in the Peruvian territory. If there exists a right to compel Foreigners to such services, let it be equally exercised on all: for to limit it to the citizens of one nation, because it is believed that it has not sufficient power to resist the injury, is a proceeding unworthy of any Government that professes principles of

impartiality and justice, and to which no Country can submit without becoming an accomplice in its own degradation.

The last Documents which accompany this Message (No. 1 to No. 6), will inform you of the short time which the negotiations that the Peruvian Minister Plenipotentiary was desirous of initiating here, continued. You will thereby perceive, that the course which this Government adopted, of commencing them at Lima, fearing the obstacle of an insufficiency of Instructions, which is the reason for introducing the modern practice of transacting this kind of negotiation near to the State upon which the demand is made, was judicious. You will likewise observe the refusal of the Peruvian Agent to admit the most important of the proposed bases, not recognizing in us even the right of mentioning it, as relating to an affair in which Chile was not a legitimate party. It is true that, in the last of Señor Olañeta's Notes, this objection is modified; but, if the Peruvian Government should be of a different opinion to its Minister, the channel of negotiation for terminating the disasters of war, by acceding to our just demands, always remains open to her.

The good judgment of the Chilians and of Foreign Nations, and the impartial decision of posterity, will decide: whether or not the justifi. catory reasons which I have had the honour to represent, are sufficient to justify a recourse to war; whether this measure be necessary and expedient for the preservation of our dearest rights, and even for our very existence; and whether the means of conciliation were exhausted, that, without endangering the destinies of the Country, it was permitted me to take with an enemy, who has been the first to violate the peace; who has done so by an act of the most horrible treachery; who has constantly availed himself of negotiations to conceal his artifices; who, in the midst of peace, has always endeavoured to foment anarchy and sedition in the neighbouring countries, in order to prepare the way for his arms; and of whose insidious and perfidious policy the usurpation of Peru is a memorable example. Sooner or later, war with this ambitious Chief, whose designs of dominating over South America had long been revealed to the world, by a celebrated Correspondence the authenticity of which nobody has dared to dispute,— with a man of ambitious projects, so opposed to the security of the neighbouring States, and to the popular form of the American institutions, which he himself has sworn to sustain-was inevitable.

It would not be prudent to suppose him to be less ambitious when he possesses greater means of extending his dominions, or more mindful of the rights of others when he can violate them with greater impunity. The only alternative offered to us was this: whether we should postpone the declaration of war until he should have irrevocably appropriated the great and unfortunate prize that has fallen into his hands; until he should have consolidated his new power, [1836—37]. 3 E

by organizing fresh armies, and have obtained the command of our sea; and until the despair of shaking off the yoke, and the habit of submission, should perhaps have deadened the indignation of the people whom he holds under his vassalage, and the sentiments of independence which still burn among them; or whether we should hasten to defend our existence and that of the other South States. Our decision upon

it did not admit, in my opinion, of a moment of doubt. To submit our cause to the God of Battles, the avenger of injustice and perfidy, was the only course which remained to us.

Under this impression I propose to you the following Resolutions:

1. That General Andrew Santa Cruz, President of the Republic of Bolivia, by unjustly retaining the Sovereignty of Peru, threatens the independence of the other Republics of South America.

2. That the Peruvian Government, actually placed under the influence of General Santa Cruz, has acquiesced, during the period of peace, in the invasion of the territory of Chile, by an armament of vessels of the Peruvian Republic, destined to introduce discord and civil war among the people of Chile.

3. That General Santa Cruz has insulted, contrary to the Law of Nations, the person of a public Minister of the Chilian nation.

4. That the National Congress, in the name of the Chilian Republic, insulted in its honour, and threatened in its internal and external security, solemnly ratifies the Declaration of War, which has been made under the authority of the National Congress and the Government of Chile, by the Minister Plenipotentiary, D. Mariano Egaña, to the Government of General Santa Cruz.

Santiago, 21st December, 1836.

DIEGO PORTales.

JOAQUIN PRIETO.

CORRESPONDENCE accompanying the President of Chile's Message to Congress, relative to the War with Peru.October to December, 1836.

(Translation.)

(A.) CORRESPONDENCE between the Commander General of the Chilian Squadron and the Governor of Callao.

1.-The Chilian Naval Commander to the Governor of Callao.

On board the corvette Valparaiso, at anchor in

front of Callao, October 31, 1836.

THE Aide-de-Camp by whom I had the honour of forwarding to you a Despatch from the Government of Chile for the Minister of Foreign Affairs in Peru, and of acquainting you, according to courtesy, that I was awaiting a breeze to approach the anchorage, and to

arrange the customary salute of etiquette which I intended to make to the Fort, has informed me that you thought proper to reply to him, that you would not permit the entrance of the squadron under my command within the Port, nor any person to disembark from it, with the exception of the Minister Plenipotentiary of the Republic of Chile to the Government of Peru, and the suite that may be on board with him.

Your answer has much surprised me. To refuse the entrance of the Chilian squadron which conducts a Minister Plenipotentiary into the Port of a friendly State, appears to me to be a positive act of hostility which I cannot comprehend, considering the state of friendly relations subsisting between Chile and Peru. You will be pleased to inform me of the cause of this novelty; certainly the more extraordinary when the Ports of Chile are open to every class of Peruvian vessels and persons who wish to approach them, and who exist there in the enjoyment of special hospitality and kindness.

The answer that you may be pleased to give to me will be my guide in the adoption of those measures which, in conformity to my Instructions, but for an antecedent of this gravity, could only have been pacific, and calculated to strengthen the relations of friendship and cordiality between the 2 Countries.

I have, &c.

MANUEL BLANCO ENCALADA.

The Commander-in-Chief of the Marine, and Governor of Callao.

2.—The Governor of Callao to the Chilian Naval Commander. SIR, Callao, October 31, 1836. I HAVE had the honour to receive the Communication which your Excellency, under this date, has been pleased to address to me, expressing your surprise at my negative to the proposition that was made to me by your Aide-de-Camp of the squadron under your command, which is awaiting a breeze, in order to enter the anchorage and salute the Fort, if it would return shot for shot.

This conduct, which you style as hostile on the part of Peru, is nevertheless not more than the immediately necessary consequence of the proceedings of the brig Achilles, on the 21st of August last, and of the non-ratification on the part of the Government of Chile of the preliminary Convention, concluded on the 28th of the same month, for putting an end to the open hostilities against Peru, which ought to have taken place within 50 days afterwards. How surprising must it not be to see that Chile, instead of taking a step towards the good intelligence of which you speak, and of which Peru has demonstrated its desire, presents a squadron whose presence cannot be a testimony of peace and friendship, nor cease to appear alarming, however great may be the desire to explain its intention.