CHILE AND  SPAIN.
THE WHOLE QUESTION
OFFICIALLY STATED.
 Part 1.—THE QUESTION SETTLED.

Part 2.—THE QUESTION REOPENED.
NEW YORK!
  1865.
££W§

X
 
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« 
SYNOPSIS  OF   DOCUMENTS.
                             PART 1.

                    The  Question  Settled.

No. 1.—Spain's formal complaint against Chile, as presented by the Spanish
        Representative, Mr. Tavira, on the 13th May, 1865.
   2.—Reply of the Chilian Government, May 16th, 1865.
   3.—Acknowledgment of the receipt of this reply by Mr. Tavira, and
        statement that the explanations contained therein are satisfactory
        and '' dissipate, in his judgment, all the motives for complaint which
        his Government had entertained."
   4.—Acknowledgment of the  receipt  of  this  reply by the  Chilian
        Minister.
                             PART 2.

                  The  Question Reopened.

No. 1.—First note of Admiral Pareja, in which he reopens the whole ques-
         tion, disavows the previous action of the Spanish Minister, adds to
         the previous demands of Spain, and peremptorily requires full satis-
         faction within four days, under threat of the immediate rupture of
         diplomatic relations and a resort to force.
   2.—Copy of the powers under which Admiral Pareja acts.
   3.—Reply of th~e  Chilian  Minister  of Foreign Affairs,  in which he
         repeats  the  full  explanations before given to Mr. Tavira, but pro-
         tests against the character of Admiral Pareja's demand, and  repels
         his threat to resort to force.
   4. —Admiral Pareja's final dispatch to the Chilian Government, in which
         he announces that he shall resort to force if his  demands are not
         complied with within 48 hours.
   5.—Final protest of the Chilian Government 
iv
No. 6.—First note from the Diplomatic Corps to Admiral Pareja, protesting
         against the resort to force without an endeavor to settle the diffi-
         culties by negotiation.
    7.—Telegraphic  dispatoh  from the American Minister, the Dean of the
         Diplomatic  Corps,  to  Admiral  Pareja, asking him, in the name of
         that body, to postpone a resort to hostilities until their note could
         be received.
    8.—Reply of Admiral Pareja acquiescing in the above request.
    9.—Admiral Pareja's first reply to the note of the Diplomatic Corps.            »
   10.—Second note from the Diplomatic Corps to  Admiral Pareja, in which
         they renew their  protest against  a  resort to hostilities by Spain
         without an attempt to  settle the pending difficulties by negotiation,
         and claim that Spain has no right to  reopen the past questions,  but
         is bound by  the  acts of the  Minister who had accepted the  ex-
         planations of Chile as satisfactory, and in which they also state that
         it was impossible for Chile to admit demands made in a threatening
         tone and accompanied by a peremptory ultimatum.
   11.—Telegraphic  dispatch from the Dean of the Diplomatic Corps asking
         a further postponement of hostilities until their second note  could         '
         be received.
   12.—Reply of Admiral  Pareja, announcing that hostilities had  already
         begun.
   13.—Communication from the Chilian Minister of Foreign  Affairs, to  the
         Representative of the  United States, acknowledging the receipt of
         copies which had been transmitted  to  him, of the notes of the
         Diplomatic Corps to Admiral Pareja.
   14.—Unanimous petition from the entire foreign commercial body of Val-
         paraiso, addressed to the Diplomatic Corps, asking for the presence
         of the  naval  forces of their respective powers, and containing  the
         following words: " We beg, in the  strongest manner, to express
         our conviction that measures of so high-handed injustice [as those
         of the  Spanish Admiral], undertaken without  warning, are con-
         trary to the  rights and duties of the  representatives of civilized        ^
         nations,"  and, "We would simply  say  that  the  consequences of
         Admiral Pareja's measures, if persisted  in, will bring utter ruin
         upon many of our number and those  whom we represent."
            This petition or  protest is signed by fifty-^ree of  the  largest
         foreign comniercial houses of Valparaiso. 
PART  I.
THE   QUESTION  SETTLED.
                        No.  1.
 The Claims of Spain as First Presented by the Spanish
                       Minister.

            Legation of Spain in Chile, 13th May, 1865.
  Your Excellency : The unpleasant events which occurred
in this place about the first 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, 2;d and 28th May, 8th June, 4th
July, 21st and  27th September,  6th and 26th October, 12th,
23d and 24th November, 7th and 15th December.
  Your Excellency addressed to me in reply 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
and 29th November, and 14th of December, of all of which I
gave opportune  information to Her Majesty's Government.
  The pacific snid friendly solution of the Hi?pano-Peruvian
question has occurred to justify what I always  told Your Excel-
lency, that it was an isolated fact.  If your Government did not
accord to  this the  assent due to it, if the press erected imagin-
ary  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 correction which  you 
                             6

 might within the bounds of law, I will not for that fail to con-
 gratulate myself for having  fulfilled my duty.   The word cor-
 rection I have used generally in the notes of wliicli I have made
 mention, and I nave 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 extravagancies of the press and of
 public opinion, without infringing any law, having at your clis-       1
 posal the official newspaper, the parliamentary tribunal, <fec.
   On the very day I noticed  with pain that moderation and pro-
 priety were far from being the guides of all the publications.
   I, who as the representative of Her Majesty, in the early days
 of the  contest limited myself solely to utteriug 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 find  loyalty.   The deplorable
 events pointed out occasioned special action, in compliance with
 what is settled in  article 12  of ths  treaty  concluded between
 Spain and Chile, which says ; " The Republic and her Catholic
 Majesty desiring to maintain  the peace and good accord which
 happily has now been re-established by this present treaty, de-
 clare 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  Government of the Republic has in-
fringed the law of nations,  the treaty aforesaid, and  that it has
given offence.
  1st.  In that measures were  not  taken  to avoid affronts given
to its flag on the 1 st of May of  the year last past, as your pre
decessor, Mr. Manuel Antonio Torcornal, offered to me, and the
commandant of the municipal battalion, who  remained irrroas- 
7
sible  in front  of  the  legation,  making  his troops mark time
during the act, was not brought to trial.
   2d. In that your predecessor made to the Hispano-American
Republics the protest  of the 4th of May of the previous year,
thus infringing what is settled in article 12 of the treaty between
 Spain and Chile.
   3d. In the  Government not applying the wdiolesome  correc-
tion to observations of public opinion within the limits author-
ized by law, and urged upon it by duty.
   4th.  In that  in proportion as it allowed the Peruvian war
steamer " Lerzundi" not only to take in supplies of coal, pro-
visions and  powder, but also to establish a bounty on the enlist-
ment 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 off supplies to
Her Majesty's squadron.
   5th. In that it did not order the institution of the preparatory
proceedings asked for by me to investigate the truth as to the ex-
pedition of  volunteers  who assembled at Yalparaiso, armed and
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 Yalparaiso and the Chief of Police
refused to detain the arms, clothing, munitions and medicines of
the expedition  on  the  verbal application of the Yice-Consul of
Her Majesty at that port.
   6th. In that it did not take the measures necessary to remove
tlie 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.
  7th. In that the " Yencedora" having arrived at Lota, (doubt-
less becanse of the foregoing anathemas),  was treated as an
enemy,  coal, &c, was refused to  her, and  the maritime Gov-
ernor disregarded  the protest of  her  commander, and, in the
Government having issued  the  decree of the 30th September j
approving the conduct of that functionary, instead of instituting
proper preparatory proceedings for investigating  such  an un-
usual transgression, in order to proceed according to law. 
8
  8th.  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 of July
last.
  9th.  That  the  Government of the country knew that Spain
was not in declared wrar 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 was never opposed to the Empire  supplying itself with
coal, munitions and provisions directly, (such was prohibited to
Spain,) the treaty was infringed.
  10th.  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 embarkation on three
occasions at Yalparaiso, notwithstanding they are  declared con-
traband of war by the law of nations.
  11th. 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, wall be willing to receive  the
solemn declarations  which the case demands, provided they are
compatible wdth its dignity.
  I reiterate to  your Excellency the  assurances of the distin-
guished consideration, with which I am
               Your obedient and faithful servant
                            SALYADOR DE  TAYIRA,
   To the Minister of Foreign Affairs of Chile. 
9
                           No. 2.

             Reply of the Chilian Government.

           Department of Foreign Affairs for Chile, \
                        Santiago, 16th May, 1865.       j
   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 it has pursued 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 are infringed.  At
 the same time you signify to me that the Government  of Her
 Catholic Majesty,  which holds as the rule of its conduct that
 every Government 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 com-
 patible with its dignity.
   In the  note referred to,  my Government  sees, with regret^
 that its frank and well meant policy during the by-gone Hispano^
 Peruvian conflict has been appreciated in a manner little favor-
 able 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 paralyze1
 their good understanding, 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  the  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
       2 
10
 of mine, and will place in clear 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 Chile
 has  deplored  as  you do, the unpleasant events wdiich have oc-
 curred, and most especially the publication of the San Martin,
 and  has known how  to fulfill 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 em-
 ployed 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  dis-
 tance 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 Ex-
 cellency with the frankness and loyalty never swerved from by
 the Government of Chile.
   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 import-
 ance to it, except for the note addressed some days afterwards
by you to this Department.  In view of that it hastened to col-
lect 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 inconsiderable outburst  of  the moment, by
good fortune suppressed in the very act, and to an entirely acci-
dental  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 together in the muni-
cipal theatre, part of the crowd which was going to it paused 
11
 inadvertently in front of the house occupied by Your  Excel-
 lency, and in doing so some odious cries were heard.   But these
 cries, called forth by the excitement produced by the recent ac-
 counts of the events at Chincha, and inevitable in every numer-
 ous 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 intended it to infer such, they were restrained
 from their punishable purpose by the assemblage itself,  which
 thus gave unequivocal evidence of its discretion and good  con-
 duct.  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 tumultu-
 ous mob.  From what is  here  stated it  follows there was no
 reason for bringing to trial the  Chief of the battalion referred
 to, whose conduct at that meeting was, on the contrary, worthy
 of eulogium; and that the flag of Her Majesty received no in-
 sult.   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 in-
 violable  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 could  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
 1th of  May last past, can be contrary  to the stipulation of Ar-
ticle 12, of the treaty in force between Chile 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  relations  with  the  tranquillity,  independence  and 
12
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 be-
tween Chile 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.
   Your Excellency knows very  well  that in Chile the peri-
odical press is placed beyond the reach of  all  official influ-
ence, and enjoys  very ample liberty for the utterance of its
opinions.  No less ample is the liberty wThich  all  citizens have
to meet and discuss every matter having an interest more or less
general.  Public opinion, through the multiplicity of its means
of expression,  through the substantial guaranties  which the
political constitution and other laws of the Republic hold out to
it, and through  the difficulty of  condensing estimates  and
convictions  into homogeneous order, would have evaded any
efficacious corrective, even in case my Government should have
coincided in judgment with  Your Excellency, I hat it would
have been salutary and proper to  have imposed such.
   My Government is gratified to observe that you  now aoree
with it in opinion that the best corrective  of the errors of the
press, is to be found in the  press itself, and thanks the explana-
tion of your idea, perhaps not previously understood  in its
genuine and true meaning, for being able  to rectify the  con-
struction which it attributed  to  you when you  indicated the
use of extraordinary measures  to apply the due  corrective to
extravagancies of opinion.
   When the Peruvian war steamer  Lerzundi arrived  at Yal-
paraiso, Peru had not declared herself at open war, nor in actual
hostility towards any nation, and  if  part of her territory was in
the occupation  of the Spanish squadron,  she appeared  to await
the determination of the Cabinet of Madrid about such occupa-
tion, before  taking measures to put an end to  it by open force. 
13
Notwithstanding  this,  data in possession  of my Government
warrant it in affirming that the Lerzundi  did not ship at Yal-
paraiso articles of war, except only the men necessary to make
up her crew, and the provisions she had need of, to return to
her port of  destination.
   Nor is the conduct of my Government less justified in respect
to the expedition which left Yalparaiso, bound  for  Callao, on
board the  Chilian schooner Dart.   That  expedition consisted
of a certain number of volunteers, who left the country with the
purpose of passing over to Peru.  In  such a purpose there was
nothing illicit or punishable, since the form in which it was pro-
posed to execute the purpose could not change the nature of its
character.   If these volunteers could have passed over to Peru,
in exercise of a lawful right, in the line of steamers, what rea-
son could there be that they might not do so in sailing vessels ?
   But it is added that they carried arms and munitions on board
 the Dart, and entertained the project of attacking vessels of the
 squadron which occupied the Chincha  Islands.  This  circum-
 stance might impress a different character on the expedition, and
 although nothing could be more unlikely or incredible than such
 a project, orders were nevertheless given  to the authorities at
 Yalparaiso to prevent the departure of the Dart until it should
 be ascertained that neither arms nor articles of war were carried
 on board of her—orders which were duly and exactly complied
 with.
    As to hindering the departure of the volunteers  themselves,
 that could not have been done without infringing the laws of
 the Republic, which permit all its inhabitants to leave the  coun-
 try at their pleasure, and without any restriction. With less
 reason could they have been subjected to the action of the courts
 on the mere rumors which the daily press put forth about the
 objects of the voyage.
     You  think  that my  Government  ought  to  have  taken
 measures  necessary  to  remove  the fear diffused among the
 peaceful  inhabitants of  the Republic,  by  a certain anath-
  ema fulminated  through  the  paper called  San  Martin,
  ao-ainst those who furnished supplies to the Spanish ships.   The
  adoption of such measures would have assumed that  some im-
  portance was attributed to, and some influence conceded in, the 
14
 public opinion of the country to the publications in a newspaper
 whose character very soon brought it into contempt in the eyes
 of the public.  Little, therefore, could  it influence the mind of
 any, or engage the attention of my Government, by which the
 anathema in question was passed completely unnoticed.
   To have regarded, as you would have wished, the protest of the
 commander of the Vencedora, the maritime sub-delegate at Lota
 would have had to compel by force the holders of coal to sell a
 quantity of the article.   That would have been to violate the
 most valued guaranties which the  laws  of the Republic secure
 to private interests and persons.  If the holders of coal, yielding
 to the apprehensions and alarms which were everywhere caused
 by the occupation of Chincha,  or  for reasons of another sort,
 refused to supply a part of their merchandise to the Vencedora,
 the maritime sub-delegate could not  avoid  that, by subjecting
 them to a forced sale.  There is less reason to  infer from this
 that this functionary was disposed to act with hostility towards
 the Vencedora, insomuch as this vessel, while she remained at
 Lota, could freely repair damages, supply herself with provisions,
 and take in ballast.  You can very well understand that, had the
 sub-delegates of Marine been, disposed to be hostile, the schooner
 would not  have  had  facilities for  any of these operations.
 As little  can it be  concealed from your  penetration that it
 would have been very easy for the owners of the coal, by placing
 an exorbitant value on the  article, to elude any order of sale
which they might have received from the maritime sub-delegate,
who in such case wrould  find himself compelled to submit  to
seeing his orders mocked,  or to have recourse to deciding him-
self the price or selling value of the article, causing to the owners
a compulsory transfer of property unjustifiable and illegal, and
violating in  this respect the guaranties which the Constitution
and the laws of the Republic grant to persons, to property and
to industrial pursuits.  The religious respect which all its gov-
ernments have always maintained  in Chile for property, is one
of the sanctions which do  most  honor to the Republic,  and
should most  commend it to the consideration of all civilized
nations.
  It was natural that the sub-delegate at  Lota should give an
account of his proceedings, and that in an affair of such gravity, 
15
foreign to his ordinary jurisdiction, and really unusual for him,
he should desire to know the opinion of his Government.
  The frank and explicit approval which it gave him, as it will
always give when  the  conduct of  its agents is adapted to the
rules of  the fundamental charter and  the laws,  cannot be a
ground  of complaint on the part of Spain, which in any like
case, my Government is pleased to think, would have proceeded
in an identical manner.
  The diverse aspects which, in its course, the Hispano-Peruvian
conflict  presented, imposed successively on my Government a
different attitude, and placed it in a peculiar situation.
  Thus,  whilst on the 4th of July, 1864, of the year last past,
although it could not be considered that  between Spain and
Peru a state of war was actually existing, yet it was obliged to
judge of things  in a very different manner on the 27th Septem-
ber  of the same year, when it issued  a declaration about fossil
coal. Then  the Government of Her  Catholic  Majesty had
already resolved to maintain the possession of Chincha, and for
that purpose had sent to the Pacific considerable reinforcements,
while on the other hand Peru showed a disposition to regain by
force the islands occupied.
  The indefinite and anomalous  condition of former days had
changed, through the acts mentioned and the explicit and grave
opinions of the  Peruvian Government, to  a state of war or of
actual hostility, which imposed on  my Government the duty to
make on its part  a formal declaration.  With the resolution
determined on,  my Government  proposed  to  itself not only to
meet loyally the duties of that neutrality in  which the latest
events had placed it, but also  to  place difficulties in the way of
war, whose fatal  consequences none of the belligerents would
have been able to arrest.  On issuing that declaration, therefore,
it did not fall into that contradiction that you  point out, nor in
putting it into practice did it show itself to be partial to either
of the belligerents.
  If the ships of war of Her Catholic Majesty  could not supply
themselves with coal at the Chilian ports, as little  was it lawful
to supply it to the vessels of the Peruvian squadron.
  For the rest, the right of my Government to make the  decla-
ration we are treating of, cannot be put  in  doubt.  The law of 
16
nations  does not settle  anything binding as to what is  the
description and the  character of stone  coal.  The  divergence
which exists on the subject reigns in the practice of  the princi-
pal maritime powers, and in  the  doctrines of publicists, leaves
every country in position to choose in the manner it  may judge
most in  conformity with  equity and  the general principles of
knowledge.   But you observe that  the ships  of war of  the
French nation continue to enjoy in the Republic this franchise,
even after the declaration of the  27th  September, and notwith-
standing that Empire is at  open wrar  with the Republic of
Mexico.  If the  case had occurred it would have  been com-
pletely distinct.  For many years  back France has  maintained
permanently a naval station in the Pacific, composed of a less or
larger number of vessels, which are accustomed to take supplies,
coal and other provisions in the ports of Chile.   On the other
hand, my Government  has never even been  notified, in an
official or authentic manner, that any of the ports of Mexico on
the Pacific wrere blockaded by  the French squadron on account of
the war waged there between  the Republicans and Imperialists.
   You  find  another  cause of complaint  against the  Re-
public for having permitted  the  purchase of horses in Chile
for account  of Peru, which  on  three occasions were  shipped
at Yalparaiso.  In  this respect I will remark,  that Peru  has
always been accustomed to buy in Chile the horses she had need
of, not only for the service of  the army, but also for the labors
of husbandry and industrial  works.  If in  war on land this
article can be considered  as contraband, there is no reason for
so esteeming it in a maritime  war, which is  the  only  one  that
can be  made by Spain.  On the other hand,  the Peruvian
Government  could  not  export from Yalparaiso a quantity of
gunpowder, which it held in the care of a commercial house at
that  place, notwithstanding it was bought before the conflct in
which, at a later day, it found  itself involved.   This case is suffi-
cient to  show the sincere loyalty with which my Government
has fulfilled its obligations of neutrality.
  Finally, you complain that the Government of the Republic
had not taken the measures which the law authorized to punish
the unworthy and base outrages which the periodical called San
Martin  directed  against  the  person of Her  Catholic  Majesty.
The  measures which in  this  case my Government  could take, 
17
were narrowed down to accusing the periodical in question be
fore a jury through the competent judicial functionary, before
your request.  The resolution which  should be adopted in this
case was of a nature  so  delicate  and  serious, that although my
Government  might well suppose what might be your wish, it
thought it prudent to be informed of that wish, in a decisive
and express manner.   For its part, it would have deemed itself
forgetful of the consideration due to the sovereign of a friendly
nation,  by placing before a jury insults and affronts which
needed not a condemnatory verdict to render them in the high-
est degree despicable and odious.
   Avoiding such an irritating emergency, it considered that it
should regard the honor  and dignity of a friendly sovereign  with
the same  solicitude  as  it would its  own, which it has never
deemed compromised by the severe attacks of which the mem-
bers of the administration are repeatedly the object of the  peri-
odic press.  It always has held, and  holds the impression, that
it was not incumbent on it to determine the attitude which, in
the presence  of events, it might best become the Government of
Her Catholic Majesty to assume.  In this it is supported by the
confidence it feels of having given proof of consideration and
friendship, in its testimonials of deference to your wishes in re-
spect to this  unpleasant incident.
   In the  re-examination I have made of the various incidents
which have given matter for our past  dissensions, I flatter my-
self that I have dissipated  the causes of complaint set forth by
you, and the  doubts which might sustain Her Catholic Majesty's
Government  as to the real sentiments which animate the people
and  Government of Chile,  in respect  of Spain.   The present
explanations, which can only corroborate those  which I have
before given  you, are a  fresh testimonial of the constant yearn-
in «■ and efforts of my Government for  the maintenance of the
relations of friendship with Spain, and for the removal of every
obstacle which might obstruct the re-establishment of a cordial
understanding between the two countries.
   Be  pleased to accept the reiterated expression of the dis-
tinguished consideration with which I am
               Your very obedient humble servant,
                            ALYARO COYARRUBIAS.
To the Minister Resident of Her Catholic Majesty.
      3 
18
                          No. 3.

 Acknowledgment of the Spanish Minister that the Ex-
          planations of Chile were Satisfactory.

                         Legation of Spain to Chile, )
                Santiago de Chile, 20th May, 1865.    J
Your Excellency :
  I have had  the honor to receive your'note dated  16th  of
the present  month, in reply to mine of the 13th of same.  I
have  seen  therein  with great  satisfaction  that the  same
wishes animate your  Government  as  that  of  Her  Catholic
Majesty, to arrive at a  solution, satisfactory  and honorable  to
both countries, of the difficulties which have clouded their good
understanding.
  The sentiments which have actuated your Government amid
the unpleasant events which  have  occurred, and the full expla-
nations which you have pleased to  give me on the eleven points
on which Spain considered herself  offended by Chile, dissipate,
in my judgment, all the motives for complaint which my Gov-
ernment  entertained, and will contribute,  as I hope,  to draw
closer together the relations between the two countries.
  I shall make it  my duty thus lo advise  the Government  of
Her Majesty, in order that the sincere understanding which has
always existed between Chile and  Spain may not again suffer
the least  alteration.
  This has been and will be the constant aim of all my  action.
  I  renew to  you,  Sir,  the distinguished consideration with
which I am
               Your obedient, faithful servant,
                            SALYADOR DE  TAYIRA.
To the Minister of Foreign Affairs of Chile. 
19
                          No. 4.

           Final Note of the Chilian Minister.

           Department of Foreign Relations of Chile, )
                         Santtago, 21st May, 1*65.     J
  Sir,—I have the honor to communicate to you the receipt of
the note which, under date  of yesterday,  you were pleased to
address to me, making known to  me that the contents of my
communication of the 16th instant dissipates  in your judgment
the motives  for  complaint which the Government  of Her
Catholic Majesty believed it had  against the Republic,  and will
aid in drawing more  closely together the relations between the
two countries.
  Such result will correspond  with the wishes of my  Govern-
ment which has been  gratified to learn your opinion on the com-
munication alluded  to.   Please accept the  testimony of the
distinguished consideration with  which I am
       Your Excellency's obedient and faithful servant,
                         ALYARO  COYARRUBIAS,
To the Minister  Resident of  Her Catholic Majesty* 
 
PART   II.
THE   QUESTION   REOPENED.
                         No. 1.
  First note of Admiral Pareja. He re-opens the whole
                       Question.

         Headquarters Flaq-sliif) of the Pacific Squadron.
  The undersigned, Commander-in-Chief of the naval forces of
Spain in the Pacific, and Minister Plenipotentiary of H. C. M.,
as shown by the annexed copy of full powers  which have been
conferred upon him, has the honor to inform H. Exc, the Min-
ister of Foreign Affairs of  the Republic of Chile, that he has
been ordered by his Government to address to him the  present
communication, caused by insults offered to Spain, the satisfac-
tion  for which, as accepted by the Minister of H.  C. M., Mr.
Tavira, has neither met, nor could meet, the honorable demands
of Spain.
  Mr. Tavira having been recalled  and his  conduct severely
censured, inasmuch  as  the  note, addressed by him to the  Gov-
ernment of this Republic on the 20th May last, openly conflicted
with the instructions of the Spanish Government, in  which note
he accepted as a sufficient satisfaction  the explanations contained
in that of Mr.  Covarrubias, dated 16th of the same month; it
becomes the duty of the undersigned to reiterate the  complaints
already presented, relative to the conduct pursued by the Chilian
Government, wThich has been systematically hostile  to Spanish 
22
interests, since the origin  of  the  conflict  happily  terminated
between Spain and Peru.
  Although your Excellency must be well aware of the nature
of the events which  have occasioned the  present  attitude of
Spain towards  Chile, still,  nevertheless, it suits the purpose of
the undersigned to recall  the principal of these facts.  The
most prominent grievances  are the following:

  1st.  That the insults and seditious words pronounced against
Spain in front  of the house occupied by the Spanish Legation
did not receive their proper chastisement, remaining unpunished,
not only the authors of the scandal, but also those  who could
have  prevented  it.  Amongst these  figures the commander of
the civic battalion, on  whom a heavy responsibility falls for
having coolly witnessed the affray in the presence of his soldiers,
and instead  of impeding  its continuance, if only by persuasion,
limited himself to watching their proceedings as a disinterested
spectator.

  2d. The publication of  the obscene periodic San  Martin,
whose columns daily overflowed with gross attacks against Spain
and its dearest objects, was the cause  of the repeated claims of
Mr. Tavira,  and although the laws of the Republic allowed only
a small space for the Chilian Government to prevent the daily
abuses committed  by the  above mentioned paper, it could,
nevertheless, by  explicitly condemning  the opprobious articles
brought to light with the sole determination of  exciting unjust
odium against Spain, have controlled the indicated publications.
Not even in this  indirect manner would  the  Government of
Chile satisfy the demands of the Spanish representative, and on
that omission the Government of H. C. M. found their complaint.

   3d. The  Peruvian  war  steamer Lerzundi met with every
facility for  providing  herself with everything necessary in the
ports of Chile, as well as articles expressly declared  contraband
of war.  She was allowed to post  her placards  of  enlistment,
and recruited three hundred individuals.
  The Government of Chile  denies  that the enlistment was
extended over and above what was absolutely necessary for the 
23
navigation of the vessel; but in  opposition to this negative,
destitute of all  proof, appears the unusual  publication of the
announcement of enlistment, when this is solely made use of for
recruiting for men-of-war.

   4th. The determination of the  Government  of Chile to de-
clare coal contraband of  war, affected in a most prejudicial and
injurious manner the interests of  Spain; and in view thereof,
as also from the fact that the  said declaration  wTas unfounded,
the Representative of II. C. M. seasonably protested against it,
although his just representations were unheeded.
   In defence of the act of which I now speak, the Government
stated, that, taking into consideration the  difficulties existing
between Spain  and  Peru, and these being  equivalent to a de-
clared war, it was one of the necessities urged upon her  as a
duty;  but the fallacy of this argument shows itself on observing
that under precisely the same circumstances to which the Chilian
Government alludes, the Peruvian war  steamer Lerzundi pro-
vided herself with all necessaries, on the ground that no actual
declaration of hostilities had  taken  place between  Spain and
Peru.
   True it is that the Chilian Government pretends to make a
distinction  between  both cases, under the supposition  that on
the 4th of July, last year, the war, subsequently declared on the
27th September, in virtue of the resolution of H. C. M. Govern-
ment to continue the occupation of the Chincha islands, had not
been  declared.   This, which  constitutes the distinction above
mentioned, is not so exact and truthful as it at first appears, nor
does it meet the object indicated by  the Chile Government; the
continued occupation of the  Chinchas is to be considered as a
coercive measure, urging the  prompt arrangement of the His-
pano-Peruvian question  and not as an act of conquest, as it has
been proved by the manner of their  evacuation.
   The Chincha Islands were occupied by  the Spanish  forces
when the affair of the Lerzundi took place, so that if the  occu-
pation of that part of the Peruvian territory is their only reason
for qualifying this fact as the cause  of the  conflict between both
nations,  then  it  is  necessary to  acknowledge that if no war 
24
existed  on the 4th of July, neither could it do so on the 27th
September, as pretended by the Chilian Government.
  The result of the foregoing argument is, that the law by
which coal was declared  contraband of war, was not founded
on legitimate  causes; consequently its effects having been de-
trimental to the interest of Spain, the Government of H.  C. M.
have every right to consider  the said law, as a most  unfounded
and grevious offence.
  Although the declaration to which I have just alluded de-
prived the Spanish squadron of the means of obtaining the coals
necessary, still  at  the same  time vessels of the  French Navy,
committing hostilities  against  the ports  of another State  of
America, continued in the full enjoyment of free use of the ports
of Chile, the same  being denied to the naval forces of Spain.
  This  notable difference  occurring between two nations, both
finding  themselves in an  analogous position towards that Re-
public, constitutes  another grievance; the  gravity of which is
not to be destroyed by the  pretended want of official notification
to the  Government of Chile, of the blockade  of some of the
Mexican ports of the Pacific—since, granting the said want to
have occurred, its publicity alone should have been sufficient to
authorize the same  deportment to both Spanish and French men-
of-wTar.
  It appears unnecessary to the undersigned to continue making
mention of the various other complaints entertained by Spain
against  Chile, as he considers them sufficiently well justified in
the documents of Mr. Tavira, and  merely limits  himself to re-
produce them in this communication in obedience of  the orders
received from II. C. M's. Government.
  Having clearly  defined  the  causes that have  originated the
present  attitude assumed by the Spanish Government towards
Chile, it is my duty to manifest to your Excellency that the
aforesaid offences have aggravated by the lapse of time that has
intervened, Spain not having received any of the satisfactions
claimed by her honor and  her dignity; and that  the conduct of
Mr. Tavira, in not  having carried out, in word and deed, the in-
structions received, by accepting the note of Mr. Covarrubias  as
containing satisfactory explanations, not having been approved •
the Government of H. C.  M. considers that affairs  are in the 
25
same state as when Mr. Tavira addressed to Mr. Covarrubias his
note of 13th May last.
  In virtue whereof, the undersigned has  been ordered by his
Government to demand of the Republic of Chili, that in due
satisfaction of the complaints set forth by  the representative of
H. C. M., and recapitulated in this  communication, satisfactory
explanations be given on each of the points to which they refer,
and furthermore that the Spanish Flag be saluted with 21 guns
by one of the sea-coast ports, which salute will be answered with
an eqnal number of guns by one of  the ships of this squadron.
  If the Government of the Republic should not accede to this
just request, it solely will be responsible for the consequences,
inasmuch  as the Government of H. C. M. is firmly resolved to
obtain the satisfaction it  so justly demands  in reparation for the
insults offered to it.
   Finally, the undersigned must represent to your Excellency
that, if  at  the  end  of four days, counting from this day,  no
answer is received thereto, he will  consider all diplomatic rela-
tions  at an end  between  Spain and  Chili, and  all persons
attached to the Legation of H. C. M. will repair on board of the
flagship of she undersigned.
   And  should  it become necessary to make  use  of the force
under his command, which he would deeply regret) he will con-
sider it his duty to demand  an indemnity  for the  expenses sus-
tained by  the Spanish squadron by reason  of the steps taken by
the Government  of Chili; an  indemnity  which, although the
 Government of H. C. M., yielding to a feeling of moderation
peculiar to its character, does not see fit to claim, except in the
extreme case of having  to  resort to force, it does not therefore
relinquish its due right,  which it is the  duty of the undersigned
here most solemnly to record.
   The undersigned would deem it his duty to  claim indemnity
for all injuries which the subjects of II. C. M. resident in Chile
may suffer in their persons and  property, but whilst so doing he
 cannot but express  the  hope that whatever emergencies may
 arise the Government of Chile will check all attempts of a kind
 unbefitting civilized nations*
       4 
2G
  The undersigned embraces this opportunity to offer your Ex-
cellency the assurance of his distinguished consideration.
  Given on board the Frigate Villa de Madrid, September 17th,
1865.
                           JOSE MANUEL PAREJA.
To H. E. the Minister of Foreign Affairs of  Chile.
                          No. 2.

        Powers under which Admiral Pareja acts.

                      Flagship of the Pacific Squadron.

Dona fsabel, oy the Grace of God and the  Constitution of the
        Spanish Monarchy, Queen of Spain, etc., etc.

   Whereas, in order to terminate and settle the  differences
pending between Chile and Spain, in consequence of the griev-
ances and insults offered to  Spain in  that  Republic, owing to
the non-compliance with  obligations  which  civilized  nations
mutually owe each other, it may be necessary  to enter into ar-
rangements with the said Republic in  order  to determine  the
proper satisfaction ; it being necessary that I should to that end
duly authorize a person who,  by his  zeal for my service, may
deserve my royal confidence, and you, Don Jose Manuel Pareja
y Septiens, well deserving of the country, Knight of the Grand
Cross of the Royal Order of Isabel the Catholic, Commander of
the Royal and  Distinguished  Order  of  Charles  III., twice
Knight of the Cross of San Fernando of the First Class, decor-
ated with  that of the Navy of the Royal Diadem, Commander
of that of Saint Gregory  of the Pontificial  States, decorated
with the medal  of Pins IX.,  Senator of the Kingdom,  and
Commander-in-Chief of the Pacific Squadron, etc., etc., uniting
the qualifications necessary therefor, I  have resolved to  choose
and appoint you, to the end that you  may, in the character of
Minister Plenipotentiary, concert and  settle with  the Plenipo-
tentiary appointed  by the President of Chile what may be most
suitable and opportune.  And whatever you shall thus concert, 
27
settle, treat, conclude, and sign, I ratify beforehand, and will
observe and execute, and will cause it to be observed and exe-
cuted, as if concerted, settled, treated, concluded, and signed by
myself, for which purpose I give you my full power in the most
ample form required  by law\  And in testimony thereof I have
caused the present to  be issued, signed with my hand, sealed
with the privy seal, and  countersigned by my first Secretary of
State.
   Given in the Palace of San Ildefonso, this twenty-fourth day
of July,  Anno Domini one thousand eight hundred and sixty-
five.
   I, the  Queen,  [seal].
                  MANUEL BERMUDEZ DE CASTRO.
   A true copy.
                             JOSE MANUEL PAREJA,
                          No. 3.

      Reply of the Chilian Minister of Foreign Affairs.

        Department of Foreign Affairs of  Chile.
                             Santiago, September 21, 1865.
  The undersigned, Minister of Foreign Affairs, had the  honor
to receive on the 18th instant, at  6 P. M., from H. Excellency,
the acting  Charge d'Affairs, of H. C. M., the note dated 17th
instant, addressed to him by Don Jose Manuel Pareja,  in his
double character, as Commander in-Chief of the naval forces of
Spain in the Pacific, and as Plenipotentiary ad hoc of H.  C. M..
wherein he informs the  Government of Chile,  in  obedience to
the orders of his own Government, that the latter has deemed un-
satisfactory the explanations contained in the note  of the under-
signed of the 10th May last, and accepted by H. Excellency the
resident minister of H. C. M.,  in his note  of 20th of the same
month, for removing insults which Spain pretends to have re-
ceived'from this Republic.  Mr.  Pareja  consequently recapitu-
lates the charges already presented by Mr. Tavira, would explain 
28
away some of them, and finally asks of the Chilian Government
satisfactory explanations on each of the points therein referred
to, and also that one of the sea coast fortresses of this Republic
shall salute the Spanish Flag with 21 guns, the Chilian Flag re-
ceiving in return a similar salute from one of the vessels of the
squadron under his command.  If this demand is not acceded
to within four  days, counting from the date of his aforesaid note,
he will consider diplomatic relations between Chile and Spain as
broken off, and if it should become necessary to make use of the
force  under his command, he will  deem it his duty  also to
demand indemnity for the losses suffered  by the Spanish squad-
ron in consequence of the measures adopted by the Government
of Chile.
  The undersigned has laid  the  above communication before
His Excellency, the President of the  Republic, and  in  compli-
ance with his instructions now proceeds to answev it.
  It has been matter of remark and surprise for the Government
of Chile that that of Spain should have entrusted the commander
of its squadron in the Pacific with the management of the present
affair, when it has  in the Republic a legation  through whose
medium it could have discussed it in a more appropriate manner.
The full powers, a copy of which  has  been forwarded by Senor
Pareja to the undersigned, do not  invest the Plenipotentiary
with the diplomatic character that he would in strictness require
in order to enter into official relations with the Government of
Chile.  If the Government of H. C. M. has  hoped  to  render
her demands  more effective  by entrusting the  management of
them to the Commander-in-Chief of her fleet, they have labored
under a grievous error, and have  fruitlessly deviated from  the
course usually pursued by enlightened nations bound together
by solemn treaties.
  Relying  upon this informality,  Chile might under other cir-
cumstances have declined giving  the reply demanded by Senor
Pareja, but, at  the present moment, its failure in so doing, mi^ht
be interpreted  as a dilatory and evasive expedient, to which it is
far  from wishing to resort. On the  contrary, it is her  anxious
desire to arrive as soon as possible at a clear and definite result
and she therefore has resolved to answer the present communi-
cation, 
29
  As  regarding  the  substance of the documents received, the
Government sincerely regrets that the Cabinet of Madrid should
have deemed the aforesaid explanations insufficient and censure
the course adopted by Mr. Tavira in accepting them ; but be-
lieves that this judgment, much at variance with its own, does
in no manner affect it, nor does it authorize them to carry things
back to the state in which they were, previous to the  13th of
May last.
   Not being aware of the tenor of the instructions received by H.
C. M.'s resident Minister, and naturally supposing that his acts
were  in conformity with them, we placed implrcit confidence in
his official actions, believing them, as we did, to emanate from the
representative of the public faith of Spain in Chile.  Consequent-
ly, the  arrangement of  the difficulties existing between the two
countries was looked upon  as  a thing  of the  past, since Mr.
Tavira declared on  the 20th May last, that the explanations
given by the undersigned removed all obstacles, and also cor-
roborated  said declaration by hoisting  again his national flag,
 which he had not done  for several months.
   Although Mr. Roberts, actual Charge  d'Affairs of H. C. M.
had received information to the effect that  the conduct of his
predecessor  would not  be approved of, nevertheless he hoisted
 the colors of Spain on Sunday, the 17th  instant, a day of festi-
 vity ; and also on the  following day in friendly homage to the
 18th, as the glorious  anniversary of our  Independence.  By
 these means he satisfied us  that all difficulties were overcome.
 Nor  could it be otherwise;  since, if Governments have a right
 to annul the contracts entered into by their ministers in foreign
 parts,  all  diplomatic relations  would  be without  object, and
 without foundation ; and would become so uncertain and frivol-
 ous as to lay the world  open to the  artifices and abuses of any
 unscrupulous nation.
   Although it were possible  to  pass over so grave a considera-
 tion, another of graver  importance still presents itself.  When
 on the 13th of May last, Mr. Tavira  made  known  the  motives
 of complaint Spain  had against  Chile, he  limited himself, in
 order to remove them, to the simple request that the Republic
 would give a formal declaration  compatible with the honor  of 
30
 the Government of H. C. M. to whose instructions, he stated, he
 was conforming himself in the demand.
   The declarations were made by the undersigned, and accepted
 as satisfactory by  Mr. Tavira; and  even admitting that the
 Spanish Government could undo  them now, they have no right
 whatever to increase their first demands, and  all the more so
 when the grounds  on which they were made have not been ag-
 gravated.  To-day, Mr. Pareja reproduces the motives of com-
 plaint then presented, and  nevertheless, when Chile was only
 asked for declarations, now she is  asked for satisfactory explana^
 tions, and a salute in reparation for the Spanish flag.
  And in what manner are  these new demands, which are not
 sustained by any new grounds of complaint, presented ?  They
 come through the  medium  of a  peremptory, threatening and
 aggressive ultimatum, in which not even the forms of benevol-
 ence and civilization have been observed, presenting themselves
 on the very day of happiest memory for all Chilians, at the time
 of our great national festivity, as  if it were wished to strike a
 new blow by hurting the patriotic sentiments and dignity  of the
 nation.
  Proceedings of this  nature  reveal a most marked hostility,
 and  a desire  to  humiliate by every  means  in their  power
 an almost  disarmed country, without maritime  forces, simply
 because she had confided her defence to her sense of rectitude,
 equity and moderation, and  had  consecrated all her  efforts
 towards the benefitting and enriching of her country.  The un-
 dersigned cannot  conceive how the Government of H. C. 11.,
 through Mr. Pareja, renews claims which have been completely
 dissipated by his repeated and detailed explanations  and the
 more when said claims are of themselves  contradictory and in-
 compatible.  A claim  is brought against the nation,  for the
facilities with which the Lerzundi, one of the steamers of the
 Peruvian navy, met for obtaining  provisions in Yalparaiso and
 completing her crew, assuming as a fact that Spain and  Peru
wrere in open hostilities.  Yet, nevertheless, Mr.  Pareja makes
room for another claim, under  the supposition that no such war
existed, on  account of the declaration of 27th September,  1865,
respecting coal.
  The truth is, that when the Lerzundi was in Yalparaiso,  there 
31
Were motives for believing that peace existed  between the two
nations, as  afterwards there were for believing the contrary on
the publication of the afore-named declaration.
  The affair of the Lerzundi took place before the Spanish
Government had given Peru to understand its  resolution  to
maintain the irregular occupation of the Chinchas, when the
chief who consummated said act revealed that the  step he had
taken was  not  authorized  by the Government of Madrid; in
fact, in  the meantime,  the  representative  of Spain  in Chile
qualified the said occupation as an isolated act not  approved of
by his Government, and Peru, in the expectation of a different
resolution,  appeared not to desire to make use of force to retake
the islands.
   The declaration  respecting coal took place, on the contrary,
after the last Government, informed of Spain's unexpected reso-
lution, seemed to be determined to bring to an end the Spanish
occupation by force of arms, as is proved by the  solemn records
of the Peruvian Congress, the official  declarations of the Minis-
ter of Foreign Affairs of the same Republic, and  other public
and unequivocal acts.
   This is the true state of the facts, and  in view of it the con-
duct of the Government of Chile is completely logical, justifiable,
 and faultless.   To take any other view of it, is to invert, as Mr.
 Pareja has done, the order of events, and to suppose  a state  of
war between  Peru and Spain while peace existed, and peace
 when the other had come to prevail.
   In order to found another charge on the decree touching coal, it
is alleged that on the issuing that decree Spain and France were
in the same relation to Chile, since, if the former was carrying
on hostilities against Peru, the latter was doing the same against
the ports of Mexico; and yet that the latter went on taking fuel
in ports of Chile while it was refused to the  Spanish armada.
To give force to this charge, already considered and set aside by
 the undersigned, an evident error is committed ;  a state of civil
 war, the only war that prevails in Mexico, even though one of
 the parties be aided with foreign arms, is compared as identical
 with a state of  war between two nations  independent and sov-
 ereign, as  Spain and Peru.
   If the Government of Chile needed  to  add strength to the
 arguments employed to answer this charge, it would remind you 
32
that it rests on a fact at once uncertain  and destitute of proof,
to wit: That  any vessel  of the  French squadron destined to
blockade Mexican ports has  taken coal or any other article con-
traband of war in Chilian  ports.   For its own part it  is without
information to this effect, and cannot accept a surmise as the
basis of complaint.
  There is no  greater consistency  in the  charge brought against
the Republic for the occurrence  of  May  1st, last year,  at the
door of the Spauish Legation.  However much that occurrence
may be regretted, it did not  involve any outrage to the flag  of
Spain, as the undersigned has already had the honor to manifest
in his correspondence with Mr. Tavira.   So certain is this, that
it has been impliedly recognized by Mr.  Tavira, by the Govern-
ment of H. C.  M., and even by Mr. Pareja himself.  Offences to
the flag of a nation that respects itself are of such gravity as to
make  any relations  between the offender  and  the offended
utterly impossible until reparation has been fully  made.  If the
Spanish flag had been outraged, and without reparation to this
time, Mr. Tavira would not have continued in relations with the
Government of Chile, nor even have continued residing in the
country; neither would the sovereign of Spain have repeatedly
directed in the course of the past year notice of events both
prosperous and adverse which affected her royal household ; nor
would Mr. Pareja himself have styled Chile  a friendly nation
in the treaty which concluded the occupation of  the Chinchas ;
nor would the  Government of Spain have approved that expres-
sion, which no later event has occurred  to change or make less
appropriate; nor finally would Mr. Roberts, the present Charge
d' Affairs  of H. C. M., have unfurled his flag at the door of
his residence, both on the last holiday and on the 18th of Sep-
tember, the glorious anniversary of the National Independence*
While  all these events have  occurred, and are manifesting that
no outrage can exist incompatible  with the continuance of har-
mony and any sort of relations with Chile, they come notwith-
standing to ask of the Government of the  Republic a salute in
apology to the Spanish  flag.
  Another charge as inconsistent as the  preceding is that  made
against the Government of the undersigned for not bavins ex-
plicitly condemned in the official journal  the tirades of the  paper 
33
San Martin.   It were difficult to invent censure more explicit
than what is contained in the notes of the undersigned touching
that publication, and also in the address of his Excellency the
President of the  Republic at the  opening of Congress;  docu-
ments that have had a wider publication than the official journal
can have.  And yet attention  is fixed on the silence of this
journal, not taking into account the decided disapproval recorded
in documents of  the  highest official character and the  most
notorious publicity.  When such charges are  sustained, nothing
less than an ultimatum could give them weight.
   AVhat has now been said will enable Mr. Pareja to perceive
that the Government  of Chile, perfectly convinced of the recti-
tude  of its proceedings  and of the fairness  of its  policy with
respect to the Government of H.  C.  M., cannot confess  itself
culpable of imaginary wrongs to Spain, nor accept the indecorous
and humiliating  proposal  made to it of saluting the Spanish
flag; a proposal which  it rejects peremptorily and with lively
 disgust.
   The intimations  contained in Mr. Pareja's note leave it to be
 understood that the present reply will determine the Commander-
 in-Chief of the Spanish squadron to put in exercise measures of
 hostility against the Republic.  Consequently the  undersigned,
 in the name of his Government, protests  at  once earnestly and
 solemnly against such measures, that will be contrary to the
 spirit of the treaty existing between Chile and Spain, that will
 be the signal for  open war between the two  countries, and that
 will involve a scandalous  abuse of power, all the tremendous
 responsibilty of which belongs to the aggressor.
   If such an emergency shall arrive, the Republic, sustained by
 the justice of its own cause, supported by the heroism of its sons,
 taking God for judge, and the civilized world for  a witness of
 the contest, will defend its honor and rights to the last extremity,
 and will carry on the  war in all the methods which the law of
 nations permits, however extreme and painful they may be.
   The undersigned offers to this end to Mr.  Pareja, the tokens
 of his distinguished consideration.
                             ALYARO  COYARRUBIAS.
 To the Commander-in-Chief of the Spanish Squadron in the
   Pacific, and Plenipotentiary ad hoc of H. CM.
        5 
34
                          No. 4.

 Admiral Pareja's Final Note to the Chilian  Government.

                           Flag Ship,  Pacific Squadron.
   The undersigned, Commander-in-Chief of the Squadron  of
 H. C. M. in the Pacific, and Minister Plenipotentiary to treat
 with the Government  of Chile, has had  this day the honor to
 receive, at 5 P. M., the note which Mr. Covarrubias, Secretary
 of State for Foreign Affairs, has directed to him  in reply to his
 despatch of the 17th instant, and informed by its perusal that
 the Government of Santiago refuses the just satisfaction therein
 asked for offences  given by Chile to Spain, is bound to state to
 him, in obedience to instructions of his Government, that if  at
 6 A. M. of the 24th, the  Government  of  the Republic has not
 acceded to said request, the diplomatic relations  between Chile
 and Spain will be  ruptured, and the undersigned will find him-
 self in the painful necessity of appealing, after  that term has
 expired, to the force which he has under his  command, to pro-
 cure the satisfaction which the Government of Santiago declines
 giving,  as the undersigned would have desired,  by pacific
 measures.
  The undersigned renews to Mr. Covarrubias the declaration
 which he  framed at the close of his former  note, viz., that he
 shall consider himself in duty bound, use of the force under his
 command having been made, to  exact  indemnification both for
 any losses sustained by his forces and for all the damage that
 may accrue to the  persons, or property, or goods  of subjects  of
H. C.  M. residing in Chile; although, as he intimated in the
line following, he hopes, whatever may be the course of events
that the Government of Chile will know how to prevent every
kind of attempts unbecoming civilized nations.
  The undersigned renews to Mr. Covarrubias the testimony  of
his distinguished consideration.
  On  board of the Villa  de Madrid, in the port  of Yalparaiso
half-past seven, P. M., September 22, 1865.
                            JOSE MANUEL PAREJA.
To the Minister of Foreign Affairs of Chile. 
35
                          No.  5.

          Pinal Note of the Chilian Government.

       Department of  Foreign  Affairs  of Chile,

                             Santiago, September 23, 1865.
  The undersigned, Secretary of State  for Foreign Affairs,
acknowledges receipt of the  note  of Mr. Pareja, Commander.
in-Chief, etc., etc., dated yesterday at  half past seven P. M.,
which came this  day to hand, at eight  A. M.   In  this com-
munication Mr. Pareja insists on his demand for satisfaction,
already rejected by the Government of  Chile, and announces
that if on the '24th instant, at six A. M., assent  has  not been
given thereto, he  will resort to the force which  he has under
his command in order to obtain his claims.  At the same time
he  declares anew that, once force having been  employed, he
shall exact indemnification for the losses that may result to the
squadron, as well as for all damages that Spanish residents may
sustain in their persons or interests in the Republic.
   The undersigned hastens  to  fulfill the  instructions of his
Government, reiterating to Mr. Pareja the unalterable resolution
of the Republic not to submit to the  dishonorable  and unjustifi-
able terms which  have been  proposed  to it.   Chile never will
purchase peace  at the cost of her dignity and her rights.
  Mr. Pareja stands, therefore, in readiness to consummate to-
morrow the acts of force which  he  may have in view, and to
give the sad spectacle of an assault between nations which the
conscience of civilized countries will know how to qualify and
censure severely, and whose bitter fruits his own country will
not be long in gathering.
  However, Mr. Pareja greatly deceives himself if he founds any
Berious expectation on his afore-mentioned scheme of indemnifi-
cation.  The  Government  of the Republic, from the outset,
rejects, whatever may be the  contingencies of the future, every
demand for compensation originated by the employment of force
that the chief of  the Spanish squadron may make.   Further-
more, although  Mr. Pareja has no right to invoke the practice 
36
of civilized nations, while  preparing  to exercise the act of vio-
lence which justice  and civilization combine to  condemn,  the
Government of the Republic will know how to fulfill the duties
which honor, public faith,  and international law imposes upon
it.
  The  entire and exclusive responsibility  of the  incalculable
evils which the conflict at hand will bring to the Government of
Chile, and to the inhabitants of the country, natives as well as
foreigners, must rest on the aggressor, on  the Gcvernment of
Spain and her agents, who are attempting to submit the Repub-
lic to proceedings the most vexatious with no just  reason, with
no docorous and plausible  pretext, violating international law
and right, and trampling on  the most honored and respected
usages  of polished nations.  Consequently,  the Government of
the undersigned will claim the fullest and most complete satis-
faction for all damages and injuries by the most efficient means,
and with that energy that belongs to the right.
  While thus making this intimation in the most decided man-
ner possible to Mr. Pareja, the undersigned  again  protests, and
protests a thousand and one times, against every act of hostility
whatever, which your squadron may direct against the Republic,
and which  will immediately produce  open  war between Chile
and Spain.
  The undersigned reiterates to Mr. Pareja the assurances of his
distinguished consideration.
                            ALYARO COYARRUBIAS.
To the Commander, &c. &c, and  Plenipotentiary ad hoc  of
     H. C M. 
3T
 CORRESPONDENCE BETWEEN  THE DIPLOMATIC
          CORPS  AND  ADMIRAL PAREJA.

                         No. 6.
  First note of the Diplomatic Corps to Admiral Pareja

  The  Government of the  Republic of Chile having communi-
cated to  the undersigned,  members of the Diplomatic  Corps,
resident in Santiago, the following documents:
  1st.  The note dated the 17th instant, addressed by Admiral
Pareja, Plenipotentiary of  Her Catholic Majesty, to the  Minis-
ter of Foreign Relations of the Republic of Chile.
  2d. The power conferred by Her Majesty the Queen of Spain
upon Admiral Pareja.
  3d.  The  reply, dated the  21st  instant, of the Minister of
Foreign Relations of Chile to Admiral Pareja,
  The undersigned have  perceived in  these  documents,  with
regret, that a  rupture between Chile  and Spain is imminent,
without any effort  having  been made for the amicable settle-
ment of the pending difficulties, although the usages established
among civilized nations require this latter mode of procedure,
and aTthough the power cited No. 2, peremptorily prescribe the
opening of negotiations as  the means of arriving at a reconcilia-
tion, as manifest from the  following expressions :
  «__may be necessary  to enter into treaties with the said
Republic," etc....." that you may confer and  agree upon, with
the Plenipotentiary whom the President of Chile may name,
that which may be most right and opportune......"
  In the interest of Chile and Spain, and of their own respective
 countries, the  undersigned hope that Admiral Pareja and the
 Government of the  Repnblic, without regard to the terms of the
 notes  exchanged, may yet open negotiations,  in the serious in-
 tention of arriving at a pacific  solution of the pending questions.
  In the event that this legitimate hope should be frustrated,
 considering the damage to which the commerce of their respec-
 tive nations, who had trusted for the preservation of peace in the 
38
arrangement of the 20th of May last, would be exposed by a
sudden rupture between Chile and  Spain, and awaiting instruc-
tions, the undersigned  reserve to their Governments the adop-
tion of such measures as they may deem necessary to take, in the
interests of their respective nations.
  At the same time the undersigned, in these exceptional cir-
cumstances, solemnly protest against any hostile act prejudicial
to the persons or to the property of their respective nations.
  The undersigned have signed this act in  triplicate, whereof
one copy will be transmitted to the Minister of Foreign Rela-
tions of the Republic, another to Admiral Pareja, and the third
be deposited among the archives of their Dean, the Minister
Plenipotentiary of the United States of America.
  Done at Santiago, the 22d September, 1865.

    (Signed)    THOMAS H. NELSON,
          Envoy Extraordinary and Minister Plenipotentiary
                   of the  United States of America.
               ANTONIO FERRO,
          Minister Resident of the United States of Colombia.
               HERMOJENES DE IRISARRI,
              Charge  oV Affairs of the Republic of Guatemala.
               WILLIAM TAYLOUR THOMPSON,
                 Charge d'Affairs of Her Britannic Majesty,
               LEYENHAGEN,
        Charge d"1 Affairs of His Majesty the King of Prussia.
               FLORY,
             Consul General and Charge W"Affairs of France. 
39
                          No. 7.
Translation of a telegraphic despatch, sent to  Valparaiso, Sep-
     tember 22, 1865, at 4.20 P. M., to Admiral Pareja.

To his Excellency Jose Manuel Pareja, Commander General
    of the Spanish Squadron  in the Pacific, etc., etc., etc.:

  As the Dean of the Diplomatic Corps residing in Santiago, 1
have the honor to announce to your Excellency that the mail
which will leave here this afternoon will convey to you a com-
munication adopted by the said  Corps  and relating to the ap-
proaching interruption of the peace between Spain and Chile.
  Permit me to beg that your Excellency postpone the adoption
of any measure of hostility until you shall have  received the
communication referred to.
  I have the honor to be your Excellency's obedient servant,
                                  Thomas H. Nelson,
           Envoy Extraordinary and Minister Plenipotentiary
                      of the United States of America.
                          No. 8.

Reply by telegraph from Valparaiso, September^, 1865,7 P. M.

Hon. Thomas II. Nelson :
  I have  had an interview with Admiral Pareja, and he has
assured  me  that he  will take no step whatever  until he has
received the communication  mentioned  in  your telegraphic
despatch,                             Ambrose W. Clark. 
40
                          No. 9.

  Admiral Pareja's first reply to the Diplomatic Corps.

                       Flagship of the Pacific Squadron.
  The undersigned, Commander-in Chief of the Squadron of
H. C. M. in the Pacific and alsb  Her Minister Plenipotentiary,
has had the honor to receive  the  joint note of  the  Diplomatic
Corps resident in Santiago,  which the Representative of the
United States of America, Dean of the said  Corps  in the Re-
public of Chile, has  been pleased to  transmit him  through his
consul in Yalparaiso.
  The public ministers who sign it  express therein the same re
gret that is experienced by the undersigned at the rupture due
to the obstinacy of the Government of the Republic in not ac
ceding by pacific means to the reparation it owes to that of H.
C. M. for offences committed against her,  which this latter can-
not overlook consistently with her honor.
  In replying to the said note, it is  the duty of the undersigned
to manifest to the Diplomatic Corps, through its Dean, that the
notes exchanged between  Messrs. Tavira and  Covarrubias, as
well those of last year as during May of the present, in relation
to the said offences,  prove that, on the part of Spain, the neces-
sary efforts have been  made to arrange amicably  the  conflict
caused by the  Government of Chile  in offering those offences,
and that the Government  of H. C. M. not having  accepted, as
it could not accept, the explanation  admitted  in May  by Mr.
Tavira, no"other course remained, towards that of the Republic,
than to demand peremptorily that reparation, to which she is
most clearly entitled.   And it is evident that the  undersigned,
having been named to replace Mr. Tavira, the only course he
could take was to present to the Government of Santiago the
said  demand  in  the  terms  named by him, adhering strictly
therein to the instructions of his Government.  Therefore, if by
various notes an attempt has been made to arrange amicably the
difficulties, and the  Government of Spain has not considered the
evasions presented by that of Chile in May last, as reparation, it
had a right to demand peremptorily that reparation, and neither 
41
it nor its representative have in this case departed in the least
from the diplomatic usages of civilized countries.
  The undersigned will deplore as much as the public ministers
to whom he has  the  honor to address  himself, the inevitable
losses which hostilities against Chile must cause to trade, but be
it permitted to him to manifest to them the assurance which he
feels, that if any one  of their respective Governments had re-
ceived from that of Chile the offences and  injuries which the latter
has inflicted upon that of Spain they would have  acted in a
similar manner; that is, they would by no means have deemed
the evasions presented in its notes of May last as a  reparation.
Consequently the results which these notes would have might be
easily  presumed, especially since Mr. Tavira, in expressing him-
self satisfied with the explanations given therein, says in his own
of the 20th  of that month, " do away, in my opinion, with all
the motives of complaint  which my Government entertained,"
an evident proof that such conformity, on the part  of Mr. Tavira,
by no means bound his Government, and  consequently it could
not inspire confidence in the preservation of peace.
  The undersigned  regrets, therefore, being  unable to gratify
the hope of the Diplomatic Corps resident in Santiago without
failing to appreciate  at its full value the  effort which, respond-
ing to their  noble mission, they have made in their note to avoid
a rupture between Chile and Spain.
  The undersigned will not conclude without manifesting to the
Foreign  Public  Ministers, resident in  Santiago, in order that
they may be able to appreciate at their full value the just causes
which have moved the Government of Spain to place her ques-
tion with Chile upon its present footing, that  he transmits  to
them  herein a copy of the  memorandum which that Government
has instructed him   to forward to those of the  other Spanish
American Republics, in the event of  a  rupture with Chile, and
as it is to be feared that the  Government of this Republic, ac-
cording to the tenor  of the note  received from it yesterday, will
not accede to the demand  for reparation, which he has repeated
to it in the ultimatum forwarded last  night, whose term expires
to-morrow triorning at six o'clock, that  rupture, if the negative
be again confirmed, will take place from that hour.
  The undersigned avails  himself of this opportunity to offer to
       6 
42
the Diplomatic Corps resident in Santiago and to its Honorable
Dean, the assurance of his most  elevated consideration and
respect.
  On Board of the Villa de Madrid, in the port Yalparaiso.
September 23d,  IS65.
                            JOSE MANUEL PAREJA.
To His Excellency, the Envoy  Extraordinary and  Minister
    Plenipotentiary of the  United States, near  the  Govern-
    ment of Chile, and the Dean of the Diplomatic Corps in
    Santiago.
                          No. 10.

  Second Note from the Diplomatic  Corps  to Admiral
                          Pareja.
  The undersigned, members of the Diplomatic Corps,  resident
in Santiago, have seen with regret in the  note of the 23d in-
stant, which Mr. Pareja,  Commander-in-Chief of the squadron
of her Catholic Majesty in the Pacific and her Plenipotentiary,
has been pleased to address them, that his Excellency persists in
resting  his demands upon  armed  force, without endeavoring
beforehand to attain the  aim  of his  mission  by conciliatory
measures.
  The undersigned do not believe themselves  called  upon to
emit an opinion in regard to the motives which  determined the
Government  of H. C. M. to  demand  satisfaction from the
Government of Chile; they desire only to prevent an  unneces-
sary rupture between the  two countries, which but a short time
since were in relations of a  friendly character, and to which
their own are bound  by  numerous interests.   For this reason
the undersigned permitted themselves, a few days since, to ex-
press to his Excellency their hope that in accordance with the
terms of the power conferred upon him, and guided by pacific
desires, he would  open negotiations with the Government of the
Republic.  They  do  not  partake of his  opinion  that  nothing
remained for him but to make peremptory demands; the expla-
nations given to  Mr. Tavira by the Minister of Foreign Rela- 
43
tions of Chile, in his note of the 16th of May last, satisfied the
Representative of Her Catholic Majesty; from that moment an
arrangement between  the  two countries  was  concluded ;  the
differences which had for some time past cooled their relations
ceased to exist, and Mr. Tavira, having acted in the capacity of
Minister of Her Catholic Majesty, there was the right to believe
that the arrangement accepted by him would be ratified by her
Court.  The disapproval which it  met with replaces  the two
parties interested in the same position in which they were before
the beginning of the first negotiations,  and there was conse-
quently room for their re opening.
  In conformity with this rule of diplomacy as well as of com-
mon law,  the note  of  17th  instant, which the  Commander-in-
Chief has addressed to the Minister of Foreign Relations of the
Republic, says:

   " It is  the duty  of the undersigned to reproduce, now,  the
" complaints already presented."
   It further states,  " motives of complaint—sufficiently justified
" in the several notes of Mr. Tavira; and he limits himself to
" consider them as  reproduced in this  communication, comply-
" ins;  therein with  the orders  of  the Government of H.  C.
" Majesty."  And further on :
   " The Government of Her Catholic Majesty considers  that
" the state of affairs is the same that  existed when Mr. Tavira
" addressed his note of the 13th of May last to Mr. Covarrubias."

  The Commander-in-Chief, in his  note of the 17th, refers  to
that of Mr.  Tavira of 13th  May  last, taking it as a  point of
departure  for negotiation ; but, instead of awaiting the reply
which the Minister of Chile might have  given  him under  the
present circumstances,  His Excellency adds to the  demands
made by  Mr. Tavira  and threatens the Government  of the
Republic with hostilities, if within  the  term of a  few  days it
should not grant what he demands.  His Excellency presents  an
ultimatum before opening negotiations.
  The undersigned have reason to believe that the  Government
of the  Republic would not have refused to give satisfactory
explanations, if the Commander-in-Chief had made  any  effort to 
44
arrange amicably the existing difficulties ;  but it was impossible
that it should accede to the demands made at once in  a threat-
ening tone by a peremptory ultimatum.
  The undersigned, resting upon the reasons set  forth above,
reiterate the expression of their hope that negotiations will  be
again opened looking to a  pacific  solution of the existing diffi-
culties.  Should acts of hostility take place before the means of
conciliation  have  been  exhausted, the undersigned will find
themselves obliged to maintain the reservations and the  protes-
tations which they have already presented in their  note of the
22d instant.
  The undersigned avail themselves of this occasion to offer to
His Excellency the Commander-in-Chief and  Minister Plenipo-
tentiary of II. C. M. the assurance of their high consideration,

    (Signed)       THOMAS  H.  NELSON,
          Envoy Extraordinary and Minister Plenipotentiary
                  of the United States of America,
                   ANTONIO  FERRO,
          Minister Resident of the  United States of Colombia,
                   HERMOJENES  DE IRISARRI,
              Charge d'Affairs of the Republic of Guatemala,
                  WILLIAM  TAYLOUR THOMPSON,
                 Charge d''Affairs of Her Britannic Majesty.
                   LEYENHAGEN,
        Charge d'Affairs of His Majesty the King of Prussia.
                   FLORY,
             Consul General and Charge d)Affairs of France.

  P. S.—At the moment when the 'undersigned were about to
address this note  to His  Excellency, they  learn  that he had
already declared hostilities.  It only  remains  for them therefore
to refer to the final paragraph of the same. 
45
                         No.  11.

Translation of a Telegraph Despatch sent to Valparaiso on the
               23d September, at ¥L\ o'clock.
                                  Santiago, September 24.
  Jose Manuel Pareja, Commander-in-Chief of the Spanish
      Squadron in the Pacific, etc. etc.
                [Care of the United States Consul.]
  As Dean of the  Diplomatic Corps, I  have the honor to ac-
knowledge the receipt of your Excellency's note of this date, at
the same time announcing one from said Corps, which your Ex-
cellency will receive to-morrow.
  I dare to hope that your Excellency will suspend the employ-
ment of hostilities against the Republic of Chile until the receipt
of the communication announced.
   I have the honor to be, your Excellency's obedient serv't,
                                      Thomas  H. Nelson.
                          No. 12.

Reply to the foregoing, received in Santiago, at 9 A. M., Septem-
                       ber 24, 1865.
                          Yalparaiso, September 24, 1865.
Hon. T. H. Nelson :
  I received your dispatch and delivered  it as soon as it was
possible.
  The reply is as follows :
                             Flag Ship of the Squadron.
Honorable Mr. Nelson, Dean of the Diplomatic Corps in San-
         tiago :
  The Commander-in-Chief of the  squadron of H.  C. Majesty
manifests  to Mr. Nelson, that the Government of Chile having
replied last night to the ultimatum  which he had addressed to
it, hostilities have already begun.  He has the honor to be your
Excellency's obedient servant.
                                        Jose M.  Pareja.
   " Villa de Madrid," September  24, 1865.
                                            A. W. Clark. 
46
                          No. 13,
Note from the Chilian Minister of Foreign Affairs to the
               Minister of the  United States.

     Department of Foreign Relations, Republic of Chile,
                             Santiago, September 23, 1865.
  The undersigned, Minister of Foreign Relations of Chile, has
had  the honor to receive the  note dated yesterday, which the
Envoy Extraordinary and Minister Plenipotentiary  of the United
States of North America has been pleased to address to him,
transmitting him the despatch of the meeting held yesterday by
the Diplomatic Corps, resident in this Capital.
  In  the name of his Government, the undersigned offers his
sincere thanks to the Minister Plenipotentiary and to his Hon-
orable Colleagues, for the interest with which they have viewed
the complication  which in these moments threatens to bring
about a rupture between Chile and Spain.
  The Diplomatic Corps has observed and deplored  wTith much
reason, that this rupture should not have been preceded by any
effort whatever, on the part of the Chief of the Spanish Squad-
ron, to amicably discuss the differences.   Such an omission is so
much the more strange, and to  be regretted, inasmuch as the
Government of Chile has never refused to  explain its acts, con-
vinced as it is of never having offered any offence to either the
honor or legitimate interests of Spain.
  Nevertheless, in  order to revive an  extinct question, it has
been preferred to abandon all the paths to conciliation ; the first
step has been to present  a peremptory ultimatum and exact in a
threatening tone,  satisfactory explanations,  which the  Govern-
ment of Chile has never refused, and a salute of amends which is
founded upon no effective grievance, and the Republic has been
thus  fatally placed between a rupture or an unmerited  humilia-
tion.  The choice cannot be doubtful for a Government which
knows how to respect the dignity of its country and its own.
  The new communication which the  undersigned  has  to-day
received from Mr. Pareja, renders so painful an extremity still
more imminent, since it re aggravates the former ultimatum and
announces the proximate employment of measures  of hostility.
  The responsibility of the  mournful consequences which these 
47
measures must bring with them, belongs only to the Chief of the
Spanish Squadron, and  to the Government  of  Her Catholic
Majesty, which has authorized an aggression, unjustifiable in its
antecedents, its form, and its object.
  The undersigned avails himself of this occasion to reiterate to
the Envoy Extraordinary and Minister Plenipotentiary of the
United States of North America, the expression of his sentiments
of distinguished consideration and regard.
                           ALYARO  COVARRUBIAS.
To the Envoy Extraordinary and Minister Plenipotentiary of
     the U. S. of North America.
                             No.  14.

     PETITION OF THE MERCHANTS OF VALPARAISO
                 TO THE DIPLOMATIC CORPS.

     Signed by 53 of the largest Foreign Commercial Houses ol
                           Valparaiso.
                              Valparaiso, September 27, 1865.
     To the  Honorable Members of the
                 Foreign Diplomatic Body, Santiago :
       Gentlemen,—We, the undersigned members of the Foreign
     Commercial Body  of  Valparaiso, take  the  liberty  of address-
     ing you  collectively regarding the serious position in which we
*    have been placed through the proceedings of Admiral Pareja,
     Commanding the Spanish Squadron on this coast.
       We need not occupy your attention with a recital  of the
     Berious losses we have already incurred from these proceedings.
     We would simply say that the consequences of Admiral Pareja's
     measures, if persisted in, will bring utter ruin upon many of our
     number and those whom we represent.
       We be"-  in the strongest  manner to express our  conviction
     that  measures  of so highhanded injustice, undertaken without
     adequate warning,  are contrary to the rights and duties of the 
48
representatives of civilized nations;  a conviction which we un-
derstand is shared in by yourselves, and one which we trust will
be made effectual ground for the exaction of substantial repa-
ration.
  We are  not aware what Admiral Pareja's intentions are with
respect to  foreign property in  this port or afloat in this bay,
after the  expiration of the ten days' notice, and we entertain
serious fears that, under the plea of inflicting injury on Chile,
our interests are those which are to be sacrificed.
  Impressed by  these and other  considerations, the  Foreign
Commercial  Body, at a meeting  held  this  day,  unanimously
resolved to address you collectively to suggest that all the foreign
force under your influence or command in these seas be  brought
to this port without delay for the protection of our interests.
They, moreover,  resolved to be  at the cost of placing one of the
steamers of  the  English Line  at  your  disposal,  should it be
deemed necessary by  you, for the more speedy and effectual
carrying out of  your views for our  protection, whatever these
may be.
  We have the honor to remain, gentlemen,
                 Your most obedient humble servants,
William Gibbs & Co.          Helsby & Co.
Weber &  Co.                 AlsOp & Co.
Williamson, Balfour & Co.   Myers, Bland & Co.
VoRWERK  & Co.               GUNSTON, LeDWARD & Co.
Mack & Co.                  Heatley & Co.
Poisson & Co.                 Graham, Rowe & Co.
J. H.  Pearson.                Green, Nicholson & Co.
Fehrman,  Fischer & Co.       Henderson & Co.
F. Huth Gruning & Co. •      John Thompson Watson & Co.
Zahn & Co.                   Thos. Bland Garland.
Meeks & Brown.             Ferreira & Aggar.
E. Momus.                    N.  C. Schuth.
Stockmeyer  & Schultz.        Chopis.
George Garland.             Wilms & Sothers.
Le Quellec  & Bordes.        R. J.  Claussen.
Lortng &  Co.                 T. Lachamjbre & Co.
E. Darn ay & Co.             Rose, Innes & Co. 
49
Morris Thompson & Co.
Antony & Merio.
A. LIemenway & Co.
Sawers, Duncan & Co.
Templeman & Co.
Pandlcillo Copper Co.
Queille B. & Co.
Julio Merlet.
Betteley & Co.
MONGIARDINI & Co.
 The  following  additional  Correspondence has  heen
       received  since  the foregoing  was  in  type.

                                   United  States Legation,     I
                                          Santiago, Oct. 7, 1865. )
  SIKj—Having learned with much pleasure  of your arrival at Valparaiso in
order to resume your functions as Minister Resident of his Majesty the Em-
peror of Brazil to the government of Chili, I have the honor to transmit for
your information a  copy of the correspondence that has passed between the
diplomatic corps resident at Santiago, and the Coramandant-in-Chief of her
Catholic Majesty's squadron in the Pacific.
                                Your obedient servant,
                                              Thomas H.  Nelson..
To Ms Excellency Francisco A. De Varnhagen, Minister Resident, &c.
                                     Legation of the Empire of Brazil, \
}                                              Santiago, Oct. 9, 1865.   \
         Sir,—I have the honor to acknowledge the receipt of your Excellency's
       communication, transmitting on behalf of the diplomatic corps accredited to
       this republic, copies of the three joint notes dated on 22d, 24th, and 28th of
       September last, and addressed in my absence by the said diplomatic corps to
       the commandant of her Catholic Majesty's squadron at Valparaiso.
         I beg to thank you for your courteous communication, and in reply I must
       state that, had I been here at the time, I should have had great pleasure in
       joining my signature to those of my worthy colleagues  upon the three notes
       mentioned.  I take advantage of this occasion to add that, after deciding to
       leave  Peru and accept the mission to this  republic, although I feared, from
             7
Hainsworth & Co.
D. SCHUTTE DROSTE & Co.
Robert Walker.
Luis Osthaus.
Cooper & Co.
D. Sim.
Germain Brothers.
Miller, Cox & Co.
P. Soruco & Co. 
50
certain information communicated  to  me at Lima and Callao, that the ques-
tions pending between Chili  and Spain might  become  complicated, I never
thought it possible that an open rupture could occur in so short a time.   On
the contrary, I did not conceive that a rupture  could  take place  before  the
commandant of her Catholic Majesty's squadron had presented the autograph
letter of his sovereign accrediting him as her plenipotentiary, and without a
fresh investigation of old grievances, inasmuch as a royal decree had lately
been issued, commenting in no favorable terms upon the action of the minis-
ter who had revised these differences and presented unjustifiable claims.
  Although I  come at a late moment to associate myself with my colleagues
in their noble  efforts in behalf of peace, and in defence of the rights of civili-
zation, I hope  that our good offices, and those of our respective governments,
whether collectively or separately, may prove effective as soon as the govern-
ment of her Catholic Majesty shall receive  more  accurate information from
impartial judges concerning all that has occured, showing that this war (which
is now causing more detriment to foreign commerce and subjects  than to the
Chilians  themselves, who are, as I see, determined to uphold their honor and
their rights at all hazards) must cause great loss and damage  to Spanish ship-
ping, not only in the waters of the Pacific, but on  the coasts of Europe and
the Antilles.
  I shall communicate all the foregoing in detail to my government, which is
well informed of my sentiments towards  Spain, as I  resided there eleven
years, passing seven of  them at Madrid as the representative of my country?
and during  that,  time I gave ample proofs of my conciliatory and  amicable
feelings,  as well as of a sacred respect for truth and justice.
  I have the v   honor to be your Excellency's most obedient servant,
                                                    A. De Varnhagen.
To  his Excellency  Senor Thomas LT. Nelson, Envoy Extraordinary and Minister
  Plenipotentiary of the  United States  of America, and Representative of the
  Diplomatic^ Corps resident at Santiago.