No. 214.]

Mr. Perry to Mr. Seward.

LEGATION of the United States,

Madrid, July 23, 1865.

SIR: The diplomatic correspondence under date of the 13th, 16th, and 20th of May last, between the representative of her Catholic Majesty, Sr. Tavira, at Santiago de Chili, and the minister of foreign relations of that republic, Sr. Covarrubias, which you will probably have seen, having been published in the Spanish newspapers, has been denounced in unmeasured terms by the ministerial press of the capital as shameful and derogatory to the dignity of Spain. It being pretty evident that the solution of the questions in debate between this government and Chili, which had been accepted by Sr. Tavira, could not be approved by the Queen's government, I took advantage yesterday of the weekly reception granted to foreign representatives by Mr. Bermudez de Castro to recur to the subject of your instruction No. 78, of March 21.

Without in any way seeking to give an air of too much importance to my remarks, I stated frankly to Mr. Bermudez de Castro that the government of Chili had addressed you on the subject of their differences with Spain, and that you had authorized me to use my good offices to soothe irritation, and prevent, if possible, any serious misunderstanding between the two governments in question. That the United States had no other motive than the desire of peace, and had authorized me to take no part and offer no counsel except such as was dictated by a spirit of impartial friendship to both parties at variance.

I had seen Mr. Benavides in that spirit, who had given me certain assurances relative to the policy which would be pursued by Spain towards Chili, which had inspired me with the hope that cordial relations would, on that basis, be promptly restored between Spain and Chili. I had noticed, however, that the press in Madrid considered friendly to the present cabinet had bitterly denounced what was called peace with Chili, and seemed to intimate that the solution arrived at by Mr. Tavira would be disapproved and a change of policy adopted towards Chili by her Majesty's government. I wished Mr. Bermudez de Castro to be informed of the antecedents between Mr. Benavides and myself, and for this purpose handed him a copy of my despatch to you of May 12, No. 197, giving an account of an interview therein related.

Mr. Bermudez de Castro, after reading that paper, said, in substance, that Mr. Benavides had, in fact, communicated to Mr. Tavira instructions in the sense therein related, under which he was not to insist on any indemnity, but to claim that the objectionable acts and grievances suffered by Spain, which Mr. Bermudez de Castro repeated substantially as they are set forth in Mr. Tavira's note to the Chilian government of May 13, (printed copy enclosed,) should be disavowed or satisfactorily explained by Chili, and that the Spanish flag should be formally saluted, which salute they had offered immediately to return.

Mr. Tavira, however, had not obeyed these instructions. Just previous to receiving them he had, on the 12th May, written a despatch to Admiral Pareja, and sent it off by the war steamer then waiting his orders at Valparaiso, saying that he had had recent conferences with Mr. Covarrubias, and that all the Chilian government could do was what he therein related and which coincides substantially with the contents of Mr. Covarrubias's note of the 16th May, as subsequently published, (9 V., enclosed,) that he, Mr. Tavira, considered this unsatisfactory and he would not accept it; he begged, therefore, Admiral Pareja to send him a force of vessels from the fleet, as the only way to get something more satisfactory from the Chilian government; that the departure of the war steamer with his despatch for the fleet would probably produce some impression, but that he would not send in his formal note repeating the grievances for which Spain expected satisfaction until four days later, (16th May,) 35 D

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in order to give time for Admiral Pareja's reply, with the vessels solicited to approach the Chilian coast. Mr. Bermudez de Castro said that Sr. Tavira then received the instruction of Mr. Benavides before referred to on the 14th May, and that notwithstanding their plain import, on the 15th May he wrote and sent in to Sr. Covarrubias his note dated the 13th May, so as to appear to have been written before he got Mr. Banevides's instructions, in complete neglect of his own statement to Admiral Pareja, that he would wait four days before taking that step. That the note of Sr. Covarrubias of the 16th May, in reply, was substantially the same, as was foreseen in Mr. Tavira's despatch to Admiral Pareja, declared by himself wholly unsatisfactory, and that in fact it did not contain the points he was instructed by Mr. Benavides to insist upon as indispensable. That Mr. Tavira's reply to Mr. Covarrubias on the 20th May, six days after he had avowedly received Mr. Benavides's instructions, could hardly be accounted for. But Mr. Bermudez de Castro said that this action of Señor Tavira had been immediately disapproved and denounced by Admiral Pareja, and that it would not be accepted by her Majesty's government.

On the contrary, Señor Tavira would be immediately removed from his post and ordered to return home and give account of his proceedings. That Admiral Pareja would be instructed to proceed with such force as he thought sufficient to Chili, and propose to that government such terms of arrangement as were consonant with the dignity of Spain, which, if they were accepted by that government, would terminate the matter, and Spain would immediately commission another minister to reside at Santiago in place of Mr. Tavira, resuming all the forms and substance of perfect friendship and good intelligence between the two governments, which were the only relations desired by Spain. But if these terms of satisfactory arrangement should be refused by Chili, then Admiral Pareja would be instructed to exact them by force.

But there would be no change of policy on the part of the Spanish government. The terms of settlement to be insisted upon were those of Mr. Benavides's instructions-disapproval or apology for the grievances set forth, and the Spanish flag to be saluted, which salute would be immediately returned and no indemnity for the damages suffered by Spain. These, I must understand, however, were the terms for a peaceful settlement.

If they were refused, and Admiral Pareja should be forced to take measures of another kind, then Spain reserved her right to exact indemnity for the pastindemnity for her war expenses, and guarantees for the future according to her own sense of her rights and her ability to enforce them. But here also the first act of Admiral Pareja would be, under his instructions, to address a circular to all the Spanish American republics, assuring them that Spain had no designs upon their territory or independent sovereignty, and no desire for any especial favor or influence in any of them. That Spain would treat them in all respects as foreign and independent states, and that she expected to be treated by them not with any special favor or consideration, but with precisely the same courtesy and consideration which of right belonged to every other foreign nation in its intercourse with those republics; no more and no less.

And Mr. Bermudez de Castro added, speaking more directly to me, that if Chili, or any one of those republics, were to offer him its territory or any part of it, he would not accept the gift. He would not accept the Chincha islands, though it would seem they at least might be turned to some account.

He said also that Admiral Pareja would be permitted by his instructions to communicate with the foreign representatives and consuls in Chili, freely informing them of the steps he should take with the Chilian government, and that he would be glad of their good influence to aid in securing a peaceful termination to this difficulty.

I inquired what would be the nature of Admiral Pareja's measures in case Chili should not accept the proposed settlement.

Mr. Bermudez told me that he would be instructed then to put the whole Chilian coast under blockade. And in reply to further questions, he said that the blockade would last for one month, and if the Chilian government had not in that time concluded to accept the conditions offered by Spain, the admiral would be authorized to perform any and every other hostile act against the power and prosperity of Chili, recognized as legitimate in a state of war, throwing upon the government of Chili the responsibility.

I have thus given the substance of this interview, and Mr. Bermudez de Castro has since read and approved the same.

With the highest respect, sir, your obedient servant,

Hon. WILLIAM H. SEWARD,

HORATIO J. PERRY.

Secretary of State, Washington.

[Documents on the arrangement with Chili.-Translation.]

LEGATION OF SPAIN IN CHILI, May 13, 1865.

YOUR EXCELLENCY-MY DEAR SIR: The unpleasant events which occurred in this place about the 1st of May of the past year, by reason of the Hispano-Peruvian question, obliged me, as the minister resident of her Majesty near your government, to transmit to you the notes dated 4th, 13th, 23d and 28th of May, 8th June, 4th July, 21st and 27th September, 6th and 26th October, 12th, 23d and 24th November, 7th and 15th December.

Your excellency, in reply, addressed to me those dated 14th, 15th, 28th and 31st of May, 4th and 7th of July, 24th and 29th of September, 4th and 24th of October, 7th, 8th, 19th, 28th and 29th of November, and 14th of December, of all which I gave opportune information to her Majesty's government.

The pacific and friendly solution of the Hispano-Peruvian question has occurred to justify. what I always told your excellency, that it was an isolated fact. If your government did not accord to this the assent due to it; if the press created imaginary phantasms to have the pleasure of combatting them, and misled public opinion, and your excellency did not think proper to impose on it the wholesome corrective which you might, within the bounds of law, I will not for that fail to congratulate myself for having fulfilled my duty. The word corrective I have used generally in the notes.of which I have made mention, and I have arrived at the persuasion that you did not give to it the true and genuine meaning, because, were it not so, I should not know how to account for it that your excellency could not interfere with the extravagances of the press and of public opinion, without infringing any law, having at your disposal the official newspaper, the parliamentary tribunal, &c.

On the very day, I noticed, with pain, that moderation and propriety were far from being the guide of all the publications.

I, who, as representative of her Majesty, who, in the early days of the contest, limited myself solely to uttering pacific assurances and proper protests in defence of the rights of my nation, will not pass beyond the limits of moderation and justice on account of the constant intemperance of some writers, most of all when results have justified my forecast and loyalty. But as the deplorable events pointed out occasioned special action, in compliance with what is settled in article 12 of the treaty concluded between Spain and Chili, which says: The republic and her Catholic Majesty, desiring to maintain the peace and good accord which happily has now been established by this present treaty, declare solemnly and formally: That if (which God forbid) the good understanding which ought to rule in the future between the contracting parties should be interrupted through want of comprehension of the articles here agreed upon, or for any other cause of offence or complaint, neither of the parties shall be authorized to sanction acts of reprisals or hostility by sea or land without having presented beforehand to the other a justificatory memorial of the motives on which it founded the injury or wrong and the denegation of competent satisfaction.

I place before your excellency that the government of her Majesty believes that the gov ernment of the republic has infringed the law of nations, the treaty aforesaid, and that it has given offence

1. In that measures were not taken to avoid affronts given to its flags on the 1st of May of the year last past, as your predecessor Señor Don Manuel Antonio Tocornal offered to me, and the commandant of the municipal battalion, who remained impassible in front of the legation, making his troops mark time during the act, was not brought to trial.

2. In that your predecessor made to the Hispano-American republics the protest of the 4th May of the previous year, thus infringing what is settled in article 12 of the treaty between Spain and Chili.

3. In the government not applying the wholesome correctives to aberrations of public opinion within the limits authorized by law and urged upon it by duty.

4. In that in proportion as it allowed the Peruvian war steamer Lerzundi not only to take in supplies of coal, provisions, and powder, but also to establish a bounty on the enlistments of seamen, (of which it took off three hundred men, a few more or less, who were allowed to embark after the port was closed,) it placed obstacles in the way of sending supplies to her Majesty's squadron.

5. In that it did not order the institution of the preparatory proceedings asked for by me to investigate the truth as to the expedition of volunteers who assembled at Valparaiso, and armed, uniformed, and announced by all the newspapers, it permitted to go from that port for the coasts of Peru in the Dart; and in that the intendant of Valparaiso and the chief of police refused to detain the arms, clothing, munitions, and medicines of the expedition, on the verbal application of the vice-consul of her Majesty at that port.

6. In that it did not take the measures necessary to remove the fear diffused among the peaceful inhabitants of the republic by the anathema fulminated through the defamatory libel called San Martin, in the third number of the 7th September, in which it menaced with the popular anger every one who should supply the Spanish vessels or their agents with even a single pound of flour, a lump of coal, a drop of water, &c.

7. In that the Vencedova, having arrived at Lota, (doubtless because of the foregoing anathemas,) was treated as an enemy, coal, &c., was refused to her, and the maritime governor disregarded the protest of her commander; and in the government having issued the decree of the 30th September, approving the conduct of that functionary, instead of instituting the proper preparatory proceeding for investigating such an unusual transgression in order to proceed according to law.

8. In that the government declared coal to be contraband of war, with the object of prejudicing Spain and belligerents against this country and Peru, knowing it was not, and without considering that it put itself in contradiction to what the minister plenipotentiary from Peru said on the 4th July last.

9. That the government of the country knew that Spain was not in declared war with Peru, while it was evident that the French empire was with the republic of Mexico; that Spain, by the 10th article of her treaty with Chili, has the right to be treated as the most favored nation, by which it ought at least to enjoy for the supply of its squadron the same franchises as are conceded to the empire, and therefore it is that, as the slightest obstacle never was opposed to the empire supplying itself with coal, munitions, and provisions, directly, such was prohibited to Spain-the treaty was infringed.

10. In that, after the government had declared itself to be neutral between Spain and Peru, it permitted for account of the latter the purchase of horses, and their embarcation on three occasions at Valparaiso, notwithstanding they are declared contraband of war by the law of

nations.

11. In that, notwithstanding my conclusive notes of 21st and 27th September, 6th October, and 7th and 15th December, the government did not take the measures which the law authorized it to do against the defamatory libel called San Martin, the most indecent which to this time has issued from the most degraded press.

The government of her Majesty, which holds as the rule of its conduct that every one jealous of his own honor should look to that of his allies as his own, will be willing to receive the solemn declarations which the case demands, provided they are compatible with its dignity.

I reiterate to your excellency the assurances of the distinguished consideration with which I am your obedient, faithful servant,

The MINISTER OF FOREIGN AFFAIRS OF CHILI.

SALVADOR DE TAVIRA.

[Translation.]

DEPARTMENT of Foreign Affairs for CHILI,
Santiago, May 16, 1865.

SIR: I have had the honor to receive the note which, under date 13th of this month, you have been pleased to address to me, in order to place before me that the government of her Catholic Majesty believes that the government of the republic, in the course which it has observed since the 1st May of the year last past by reason of the Hispano-Peruvian question, has done a wrong to it; at the same time that international law and the treaty existing between the two countries is infringed. At the same time you signify to me that the govern ment of her Catholic Majesty, which holds, as the rule of its conduct, that every govern ment which is jealous of its honor should regard that of its allies as its own, will be disposed to receive the solemn declarations which the case demands, provided they are compatible with its dignity.

In the note referred to my government sees with regret that its frank and well meant policy during the bygone Hispano-Peruvian conflict has been appreciated in a manner little favorable to it, but is justly gratified in observing the enlightened spirit of conciliation which moves that of her Catholic Majesty to desire, as mine does, a solution friendly and satisfactory to Chile and Spain of the difficulties which at present paralyze their good un

derstanding. Although, in the correspondence which it fell to me to have the honor of maintaining with you through the course of the year last past are to be found expressed at large the causes to which pending difficulties owe their origin, as well as the legitimate motives which determined the action of my government in the complications between Spain and Peru, my government makes it a duty to enter into a fresh examination of the facts to which you call its attention.

I venture to hope that this fresh examination, inspired by the honor and dignity of the republic, will achieve the rectification of the opinion of your government in regard to the sentiments of mine, and will place in fair light that, far from purposing to fall short of the duties which, in regard to Spain, the law of nations and the treaty of recognition and friendship which it has concluded with it impose on it, the government of Chili has deplored, as you do, the unpleasant events which have occurred, and most especially the publication of the San Martin, and has known how to fulfil completely those duties under all circumstances, and despite the thousand impediments it has found in its way.

But it is necessary that the government of her Catholic Majesty should persuade itself that the anomalous mode employed for the occupation of the Chincha islands by the agents of Spain, and the strange principles proclaimed to that effect, were the cause of all that has occurred. In those proceedings, in the impressions which they produced on the country, and in the conjectures to which they gave place, you should seek the explanations of all the incidents. My government would also turn to make an investigation and analysis in detail of such irritating causes if it were not for the desire to keep at a distance occasions for recrimination of every nature, and if it were not its belief that every motive for complaint should disappear before the explanations, which I pass on to give to your excellency, with the frankness and loyalty never swerved from by the government of Chili.

To the incident which happened on the 1st of May of the year last past, in front of the residence of your legation, my government cannot suppose that you would attribute importance to it, except for the note addressed some days afterwards by you to this department. In view of that it hastened to collect the information requisite to an estimate of the nature and gravity of the case; and from this it appeared that the incident was owing to an inconsiderate outburst of the moment, by good fortune suppressed in the very act, and to an entirely accidental circumstance. The battalion of the national guard, which was present on that occasion, far from authorizing, or by its presence encouraging any offence to the flag of her Catholic Majesty, was the first to prevent or repress it. In fact, on the day cited, an assembly of the people was to gather in the municipal theatre; part of the crowd which was going to it passed inadvertently in front of the house occupied by your excellency, and in doing so some odious cries were heard. But those cries, called forth by the excitement produced by the recent accounts of the events at Chincha, and inevitable at every numerous assemblage in which excitable temperaments are never lacking, found no echo from the majority of the meeting, nor were they followed by any act derogatory to the flag of your legation. If any pretended to infer such, such were restrained from their punishable purpose by the assemblage itself, which thus gave unequivocal evidence of its discretion and good conduct. The assemblage made no delay in pursuing its course, pressed forward by the battalion of national guards present at the time, which, by marking time behind it, evidently intended to avoid any misbehavior which could have been intended against the flag of Spain, and to hinder the assemblage, by remaining there a length of time, from becoming changed into a tumultuous crowd. From what is here stated, it follows there was no reason for bringing to trial the chief of battalion referred to, whose conduct at that meeting was, on the contrary, worthy of eulogium, and that the flag of her Majesty received no insult. If such had been received my government would have been very severe in punishing the authors of so great disrespect, having regard as well not only to the dignity and privileges of a friendly nation, but also to the dignity of the republic. Happily it confides too much in the intelligence and good sense of the country it governs to fear that it can ever forget the inviolable respect due from every civilized people to the flag of friendly nations.

For the rest, sir, you are not ignorant of the measures which were taken, some days after this popular effervescence, that such scenes should not be repeated, and you can hoist your flag with the same security that you now do.

My government cannot discover in what the circular it addressed to the other governments of America, under date of 4th May last past, can be contrary to the stipulations of article 12 of the treaty in force between Chili and Spain. Neither could the treaty have deprived my government of the right to estimate acts which, like the occurrences at Chincha, had such immediate relation with the tranquillity, independence, and welfare of the republic, nor was it within the condition of the article alluded to. At that moment my government confined itself to examining and demonstrating the anomalous conduct of the agents of her Catholic Majesty, and to manifesting its confidence that the cabinet of Madrid would not place the seal of approval on such conduct. Inspired by a legitimate forecast, and by a sincere desire to maintain the good understanding between Chili and Spain, that circular met with the adhesion and sympathy of all the governments of America which have with her Catholic Majesty alliances more or less close, and was in part corroborated by the declarations of the cabinet of Madrid itself.