Mr. Egan to Mr. Blaine.

No. 205.]

Sir: As stated in my dispatch No. 195, of 31st of August, when it became known that the forces of President Balmaceda had been routed at Placillas, and his Government overthrown, all of the prominent supporters of his administration, including ministers of state, senators, deputies, judges, army officers, and others, were obliged, in order to save their lives from the fury and vengeance of the successful party, to seek asylum in the legations and other places of safety.

Of about eighty who then sought shelter in this legation nineteen remained until last week, which number has since been reduced to fifteen.

As soon as the Provisional Government was organized I made overtures, informally, through Don Eduardo Matte, a very prominent leader of the Liberal party; and through Don Agustin Edwards, minister of industry and public works in the present cabinet, both of [Page 169] whom had themselves been refugees in this legation during the last administration, to obtain safe-conducts for all of the persons to leave the country. After some negotiations I learned that on account of the political situation and the bitter personal hatred against many of those in the legation, as also on account of the determined opposition of one or two members of the Junta de Gobierno, it would not at present be possible to secure passports, but I was assured that after a very short time the matter could be arranged in a friendly manner.

In this way matters stood up to the 22d instant, when the intendente or governor of the province called upon me and in a personal and friendly way told me that there was some excitement in Government circles in regard to the refugees in my legation, as it was said they were engaged in some kind of conspiracy against the present Government, which report he said he did not believe for a moment; in fact, that he had laughed at it, but that, as a matter of precaution, I ought to intimate to the persons in the legation not to permit so many visitors to call upon them. This I assured him I would do, and I did immediately do so, and from thence onward the refugees took occasion to request the members of their families and some immediate friends who had been calling upon them to discontinue their visits.

Next day, however, I found that the legation was surrounded by police agents; all persons who attempted to come in or go out were arrested and conducted to the intendencia, or to the police headquarters, at San Pablo, and two of my men servants, having in their possession cards certifying that they were servants of the legation, were arrested and detained in prison. I went in person to the minister of foreign relations and, in the absence of the minister, complained to the sub-secretary, who promised to bring the matter to the attention of the minister at the earliest moment possible.

As the arrests continued during the day, I addressed a note to the minister, of which I inclose copy (marked No. 1), protesting firmly again st the continuance of this condition of things and expressing the confidence that the honorable minister would at once make the necessary order for its discontinuance. This note was delivered at the ministerio early on the morning of the 24th instant. Notwithstanding this, the same course was pursued during the day. I then dispatched a telegram giving the Department information on the situation.

Still believing that this course of action might be the result of excess of zeal on the part of some minor official, I, on the morning of the 25th instant, conferred with some close friends of the Junta de Gobierno, who said they would at once make strong representations to the Government and have this condition of things discontinued. Still the arrests went on throughout the day without any discrimination; and the police agents even went so far as to warn persons outside of the legation that if they entered they would be arrested on going out. At 5 o’clock in the evening, not having yet received any reply to my note delivered on the morning before, I addressed a second note to the minister of foreign relations, as per copy marked No. 2, giving a list of some twenty persons arrested during the two days, including one American citizen and two ladies, solely because they had gone out from the legation, requesting that this course be discontinued, and stating that I was awaiting instructions from my Government.

On the same evening I sent to you a second telegram.

On the morning of the 26th instant I addressed a third note to the minister, conveying, without comment, a complaint in writing from Mr. W. E. Raycraft, a United States citizen, that he had on the previous [Page 170] day been arrested and taken to the police headquarters solely because he called at the legation for his correspondence. I inclose copy of this note with copy of Mr. Raycraft’s letter attached (marked No. 3).

From the morning of 26th instant, owing no doubt to the receipt of my communication of 25th instant, the arrests have been discontinued, and there is now no inconvenience inflicted on the legation beyond the fact that the house is still watched by the police agents.

In the course of the day of 26th instant I received from the minister three notes, of which I inclose translations (marked 4, 5, and 6). In all of those notes the minister of foreign relations maintains the right of the local authorities, supported by the national authority, to continue to act in the same manner in which they had been acting, and he attempts to justify the course adopted by charging that the refugees had abused the right of asylum by conspiring, or appearing to conspire, against the present order of things, and by having made the legation a focus for such conspiracy, and in regard to the arrest of the United States citizen, Mr. Raycraft, he says he “did not consider this fact deserving of comment or discussion, and that it was only a necessary consequence of the anomaly of the presence and of the notorious conduct of those who were abusing the diplomatic asylum.”

I may here state that these charges, or rather suspicions, of conspiracy against the refugees are not only unfounded, but, in view of the total defeat of the army of President Balmaceda, the demoralization and dispersion of his following, military and civil, and the suicide of the ex-President himself, they might well be considered ridiculous.

I fully replied to those communications in two notes of same date, copies of which I inclose (marked 7 and 8), in which I denied that there could be any grounds for the charge or suspicion of conspiracy, giving my reasons for such denial, and soliciting for all of the refugees safe-conducts to leave the country, which request I had already made informally. I also protested against the continuance of a course of action that would make the house of this legation appear as in a state of siege, or that would inflict petty annoyances from day to day upon the visitors or upon those to whom it had, as the minister was good enough to admit, legitimately extended asylum.

On the next day, the 27th, I had the honor to receive your telegram, conveying, in the name of the President, instructions which I am gratified to observe correspond with the course I had followed. I also received a second telegram, asking for the names of the refugees in the legation, together with particulars of the crimes with which they are charged, the offices they held, and other information, to which I replied same day by telegram, giving the list, from which I find I omitted the name of Señor Casanova, ex-subsecretary of marine.

As stated in my telegram of 24th instant, the Provisional Government has determined to prosecute criminally all of the ministers, senators, deputies, judges, municipal authorities, and other civil officers, and all of the army officers of the late Government from the grade of captain upward, on the ground that since 1st January last they had been acting in violation of the constitution of the country. Under this decision, if fully carried out, although I do not believe it can or will be, there would be nearly ten thousand prosecutions, and already there are a large number in prison on such charges in various parts of the country.

The persons in this legation would fall under these prosecutions, and at least one of them, Gen. Gana, because, as commander-in-chief of the army, he approved the sentence of death on four young men who deserted [Page 171] from Valparaiso, taking with them a Government torpedo launch; upon two sergeants charged with treason, and upon a gentleman of good position in Valparaiso, charged with having made arrangements to blow up with dynamite some of the ships of the Government, would almost certainly be condemned to death and shot. Owing to the state of public excitement, the lives of some of the others would also be in danger.

Informal intimations were conveyed to me that in order to avoid complications and personal unpopularity and inconvenience, I ought to take some steps to procure that the refugees should leave the legation and seek concealment in other places, but I have taken the position that they entered into the legation legitimately, as has been admitted by the minister of foreign relations, and that whatever may be the inconvenience to me personally I will not, either directly or indirectly, adopt towards them any course not in accordance with the principles of hospitality and humanity which should characterize a legation of the United States.

The course pursued during the three days named, 23d, 24th, and 25th instant, was dictated, not perhaps by the members of the Government, but by some minor officials, with the expectation, as I am convinced, that a state of things would be created around the legation so intolerable that it would either force me to send out the refugees, or force them, out of consideration for the legation and for me personally, to leave of their own accord.

In the first days after the fall of the Government the Spanish legation had about the same number of refugees that were in this legation—about eighty—of whom only five still remain.

During the 23d, 24th, and 25th instant some arrests were made of persons who had come out of the Spanish legation, but, as a new Spanish minister had only just arrived in the country and had not yet been officially received, no steps were taken to protest against this action.

The Argentine legation had received ex-President Balmaceda as a refugee, and after his suicide, reported in a previous dispatch, the press bore willing testimony to the humane conduct of the Argentine minister for having granted the asylum.

The Brazilian legation had several refugees, some of whom were liberated under bonds, and the others, for whom the Government refused safe-conduct, sought concealment elsewhere, as did also some refugees who were in the French legation. The German minister has one refugee only, General Velasquez, ex-minister of war, who, encouraged by the German minister, proposes to deliver himself to the authorities as soon as he recovers from the effects of an accident from which he is suffering.

The English legation refused to take any refugees, but one or two army officers who escaped from a neighboring house that was being searched did get in there across the roof, and for those the Government did not hesitate to grant safe-conducts.

I am now awaiting reply from the minister of foreign relations to my notes of the 26th instant.

I have, etc.,

Patrick Egan.
[Page 172]
[Inclosure 1 in No. 205].

Mr. Egan to Señor Matta.

Sir: It is my duty to say to your excellency that a course of action is being pursued towards this legation which is not acceptable, and I feel bound to convey to your excellency’s Government my protest against its continuance.

The legation is constantly surrounded by secret police, without any justifiable reason whatever. Persons are arrested and sent to prison solely because they are seen entering and leaving the legation, and some of my employés and servants are now in prison.

I feel sure that I have but to bring to the knowledge of your excellency those proceedings, which are certainly not in accordance with the respect which this legation has a right to expect, and that your excellency will give the necessary order for its immediate discontinuance.

With sentiments, etc.,

Patrick Egan.
[Inclosure 2 in No. 205.]

Mr. Egan to Señor Matta.

Sir: Yesterday morning I had the honor to bring to the knowledge of your excellency the proceedings that are being adopted towards the persons visiting at this legation, and towards my servants and others in my employment, and I at same time expressed the confidence that your excellency would give immediate orders for the discontinuance of such offensive measures.

As I have not up to the present received from your excellency any reply to my note, relating to a course of action so extraordinary and incredible that I do not know of any similar instance having occurred in any other part of the world towards the legation of a friendly power, and as many of the persons arrested are still in prison and my household deprived of the necessary servants, I feel it my duty to again call the attention of your excellency to the grave situation which has been created, and to request that it may be discontinued. I append, for the information of your excellency, a list of some of those who have, during the past two days, been taken to prison solely for having been seen entering this legation, and in this moment (4 o’clock) a French clergyman, Rev. Alengry Denis, has been formally warned by three police agents, stationed on the street near my house, not to enter the legation under penalty of arrest. I beg to state to your excellency that I have fully informed my Government of these facts, and that I shall proceed in accordance with such instructions as it may communicate to me in the premises.

With the assurances, etc.,

Patrick Egan.

List referred to in preceding letter of persons arrested during the past two days solely for having entered this legation:

Señor Luis Urzua, Señor Santiago Toro Herrera, Señor Eleodoro Valdez Carrera, Dr. Ramon Perez Font, Señor Ramon Aliago Olivares, Mr. Julian O’S. Madan (United States citizen), Señor José” Francisco Molina, Señor Luis Benzi, Señor Hamilton Vickers, Señor Glemento Conales, Señor Alejandro Murello, Señor Humberto Fernandez G., Señor Francisco Toro G. (mayordomo), two servants of the legation, a telephone operator who visited legation to repair telephone instrument, Señor Irene de Terrette (who was liberated by the Italian minister), Señora Luisa Herrera de Valdivieso and other ladies were threatened with imprisonment if they should enter the legation. Señora Dona Francisco Toro G. was also brought to prison.

[Page 173]
[Inclosure 3 in No. 205.]

Mr. Egan to Señor Matta.

Sir: I nave the honor to refer to my note of yesterday’s date addressed to your excellency, and now beg to inclose copy of a letter which I have just received from a citizen of the United States, Mr. W. E. Ray craft, giving particulars of the manlier in which he was treated by the police, when on yesterday he attempted to enter this legation to inquire for his correspondence.

With sentiments, etc.,

Patrick Egan.
[Inclosure.]

Mr. Bay craft to Mr. Egan.

Esteemed Sir: The object of this letter is to inform you of what occurred to me immediately after leaving the legation this morning, where I had called to see if any correspondence had arrived for me from the north.

On nearing the first street corner I was approached by two persons who I soon comprehended were no less than Government secret police; they requested me to accompany them to the Quartel de San Pablo police headquarters. I asked them for what reasons and they informed me that they had orders to apprehend all persons visiting the American legation. After receiving this information I decided it would be better to go with them without making any resistance, thinking that would be the better and quicker way to find out for what reason they had arrested me, and my anxiety to return to my house with medicines for my child, who has been seriously ill for the last few days, urged me as well to lose no time in discovering for what reasons I had been deprived of my liberty; also feeling confident there could be no grounds for detaining me under any charge whatever, I quietly submitted to accompany them.

On our way to the quartel one of the detectives asked me if I knew any of Balmaceda’s family or any of his officers. My reply was that I did not.

After arriving at the quartel I was conducted into a waiting room, where I remained about thirty minutes, and then was requested to pass into an adjoining room, where I was questioned by a person dressed in citizen’s clothes. He first asked me what my business was at the American legation. My reply was that I went to get my mail. Then he asked me what my business or profession was. I answered that I was a railroad contractor. The third and last question was, where I lived, and I also gave him my address; after this I was told that I was at liberty to retire.

I communicate to you, Mr. Egan, the above facts in order that you may demand an explanation from the Chilean Government for this most singular and outrageous treatment to peaceful American citizens.

I remain, etc.,

W. E. Raycraft.
[Inclosure 4 in No. 205.—Translation.]

Señor Matta to Mr. Egan.

No. 304.]

Sir: This department is in receipt of your excellency’s official communication of the 23d instant, in which complaint is made of certain acts of the police, referring to persons leaving or entering the United States legation, acts which have been carried so far as to arrest these persons—your excellency protesting against the continuation of such action.

Up to the moment in which I received the communication of your excellency, no notices have been received here that any of the employés and servants of the legation have been arrested, or are retained in prison, notwithstanding that this department has been informed of measures that have been taken with the object to prevent the refugees in said legation abusing the legitimate protection given them, by converting their asylum into a center for concentration and dissension which perhaps [Page 174] your excellency is not aware of, of intriguing against the actual state of affairs established by public opinion, armed, triumphant, and victorious, after prolonged efforts and sacrifices.

The asylum that emanates from the principles of extraterritoriality inherent to the person, the residence, and the vehicles of his excellency the minister does not extend, neither can extend, to the streets, where to enter in or come out of the legation, persons pass who may carry and deliver, according to data appearing trustworthy, letters, signs, words, or by other means, between some of the refugees anxious to conspire and persons that may help them.

This department must believe that your excellency is not aware of this, nor suspects it occurs, and for this reason your excellency has been much surprised at the action of the police agents, who accomplish not only legitimate, irreproachable acts, but perhaps some that protect our lawful rights and those of the citizens, contributing to elucidate certain events taking place, and unknown by your legation, and of which perhaps its illustrious and intelligent chief may not be aware.

It is not to be supposed, neither is there any fear, that those who did not know how to conquer when having authority, money, and forces, will be able to do so today, nor can they from their asylum here or elsewhere effect anything serious against the order and actual state of affairs; but some of them, and especially many of their agents, boast of having means and resources, being protected by the extraterritorial privileges of the legation, loudly proclaim, in order to bring upon themselves attention at the expense and credit of the legation, and to the advantage of the refugees, believing in this manner they are already constituted into formidable chiefs of party.

It would offend the discretion and delicacy of the envoy extraordinary and minister plenipotentiary of the United States to suppose these acts are known to him, because, knowing them, as they constitute a violation on the part of the refugees of the rules and exigencies most elemental of asylum, he would have admonished and protested to them, and not against the authorities who comply with their duties of office. He would have protested against those who do not comply nor make comply their dependents nor their relatives with their duties of honor, compromising the person that protects them in moments of danger.

For having had to make inquiries and receive information from the local authorities and their agents, I have delayed in answering this, whose contents and object does not prevent the undersigned to express towards Mr. Egan good feelings, personal and official, considerations most characteristic.

Your obedient servant,

M. A. Matta.
[Inclosure 5 in No. 205.—Translation.]

Señor Matta to Mr. Egan.

Sir: I have just received to-day, 9:30 a.m., the official communication of your excellency of the 25th instant, in which, repeating the observations and protests against the arrests and threats to arrest persons entering the legation or those coming out of it, your excellency makes new remarks and observations that I shall have to take into consideration in this note, which will complete the one I sent before this.

The answer of this department was delayed twenty-four hours, necessary time to receive trustworthy information, and during this time the undersigned returned the ceremonial visit to the envoy extraordinary and minister plenipotentiary, and understood that on the following day, Friday, the 25th instant, would, in his office, treat the pending subject with all the requisite data.

This not having taken place, it appears there has been a delay in replying, which is explained by the above, without further remarks.

Relating to the “extraordinary and incredible” events taking place at the legation, the envoy extraordinary will permit me to excuse discussing the point, because everything done and everything that will be done by the police agents not only exercise the attributes incumbent upon the local authorities, which are better informed and better posted of what takes place inside the legation and its vicinity than appears to be the envoy extraordinary and minister plenipotentiary.

According to the reports of the intendente of Santiago there were no arrests nor threats to arrest any person whatsoever that is not under the immediate jurisdiction of our laws and authorities, and did not give reasons to suspect that they were agents or emissaries of some one of the refugees in the legation, having obtained proofs and seen acts that ratified them, not here necessary for the undersigned to enumerate, for it would be too long and troublesome, and not necessary to prove [Page 175] that which he repeats, that the authorities comply with their official duties which can not he prescribed, and that the refugees do not comply with their duties of honor. Possessing the willingness and means to impede and chastise all illicit attempts made by the refugees, the local authorities, supported by the nation, will continue in the road they have chosen, respecting all the legal rights of the persons and residence of the envoy extraordinary and minister plenipotentiary, but preventing, frustrating, or chastising agents and agencies that have nothing to do whatever with the legation, but for the abuse they have committed or may commit of the asylum granted them.

Concerning the list of the persons arrested in the last days, I should say to his excellency the minister that it proves that the local authority have indications and motives that, whenever the occasion arrives to demonstrate the presumed facts of the abuses of the asylum in the legation, could be, by due means and form, placed at the knowledge of your excellency and that of your Government.

In reference to the communication of his excellency, envoy extraordinary and minister plenipotentiary to his Government, upon these subjects and the proceedings that may follow, and the new instructions and orders they may give him, those are not matters to give grounds whatsoever for discussion with the undersigned, who believes and hopes, that knowing the facts, such as they are, they will be judged in the same light and by the same criterion that he himself judges them.

Assuring respect to the privilege of the legations does not diminish, neither can diminish the attributes and rights of the local and national authorities.

Repeating expressions of my personal and official considerations, etc.

M. A. Matta.
[Inclosure 6 in No. 205.—Translation.]

Señor Matta to Mr. Egan.

Sir: Having received in this department a new communication from your excellency with inclosed exposition of Mr. W. E. Raycraft, citizen of North America, sent to that legation, concerning the arrest and examination of which he was the object after leaving the legation on the morning of the 25th instant, the undersigned does not consider this act, placed at the knowledge of your excellency and of this department, merits comments nor discussion, because it is the expression and consequences of the vehement suspicion, authorized by more than one case, that the refugees in the hospitable and privileged house of your excellency have abused, or do all possible to make it appear that they abuse, the asylum, probably without the knowledge of your excellency, and certainly without respect to the considerations that they owe to your excellency.

This act, as well as others similar to it, are not imputations or reproach upon the local authority that operates within its sphere, but are the forced consequences of the anomaly of the presence and notorious conduct of those that abuse the diplomatic asylum.

This is all in this third note of to-day which I have the honor to express to your excellency, after acknowledging its receipt, repeating my distinguished personal and official considerations.

Your obedient servant,

M. A. Matta.
[Inclosure 7 in No. 205.]

Mr. Egan to Señor Matta.

Sir: I have the honor to acknowledge receipt of the two notes of your excellency of this date, replying to mine of 23d and 25th instant, in which I related to your excellency the course pursued towards the persons visiting this legation and towards my servants.

Your excellency, after having made the necessary investigation, considers that notwithstanding the respect and consideration due to this legation, the Government of your excellency has the right to use in the public street, and outside the limits of the legation, towards all those who may visit the legation, all the measures which [Page 176] it esteems necessary to prevent attempts at a conspiracy of which the Government of your excellency has reason to believe there is a probability; at the same time intimating the belief that these attempts at conspiracy must be entirely beyond my knowledge.

I have to thank your excellency for this recognition, because it would indeed be very unlikely that I should tolerate for one moment in this legation any proceedings contrary to the spirit of strict neutrality which, as representative of the United States, it is my duty to observe.

I thank your excellency, also, for the recognition which your excellency concedes to this legation of a principle which forms an integral part of the international practice of my country: to grant asylum to refugees of a political character who seek in her legations or in her ships of war the protection which civilization and humanity counsel.

But your excellency will permit me to suggest that as a result of the great agitation naturally arising out of the contest which has just terminated there must be some error in believing that there could have been in this legation any attempt at conspiracy.

As a close observer of what transpires in my house, I am able to assure your excellency that the only thought of the persons in this legation, from the first moment of their entrance, has been to leave the country at the earliest moment possible, under the guaranties and safe-conducts necessary for that purpose; and as a matter of fact, and as an undeniable proof of this, before formulating the official solicitation which this legation considers it is bound to make in favor of the refugees, now practically in the territory of the United States, they themselves, and I on their behalf, made unofficially, over two weeks ago, a request for a safe-conduct for the same purpose.

This must, without doubt, show to your excellency that there did not and does not exist in the minds of those in this legation any intention to disturb the present order of things, and that if occurrences have taken place to alarm the attention of your excellency’s Government they may have had their origin in other causes upon which it is not the province of this legation to enter.

Now that a fitting opportunity presents itself, and in a propitious manner, I trust your excellency will permit me to solicit the respective safe-conducts for all of the refugees in this legation who desire to go out to a foreign country, and to express the hope that this solicitation may encounter from the Government of your excellency the same benevolent acceptance which was accorded in the past months, while the struggle was still undecided, to those on behalf of other refugees in this and other legations.

At the same time, and with reference to my notes of 23d and 25th instant, I trust your excellency will not hesitate in making the necessary order that the visitors at this legation and the personnel of its employés and servants may find undisturbed access to it, and that it may be able to feel itself secure from all unjustifiable vexations.

Assuring your excellency of my most distinguished consideration, etc.,

Patrick Egan.
[Inclosure 8 in No. 205.]

Mr. Egan to Señor Matta.

Sir: I have received the note of your excellency of this date, No. 307, in reply to mine of this morning in which I indicated to your excellency the arbitrary arrest of the United States citizen Mr. W. E. Raycraft.

Your excellency has been good enough to inform me that you “did not consider this fact deserving of comment or discussion, and that it was only a necessary consequence of the anomaly of the presence and of the notorious conduct of those who were abusing the diplomatic asylum.”

As I have informed your excellency in my previous communication, and as is shown by the letter of Mr. Raycraft therein inclosed, this gentleman came to the legation to inquire for his correspondence; and, without any other circumstances or offense than that of having gone out from it, he was arrested by the police agents on the public street, conducted to the police station of San Pablo, and after various questions, which revealed no other intention than that of vexation because he had visited this legation, he was dismissed.

Similar occurrences happened to other United States citizens who had come to this legation in reference to their proper business, as, for example, Mr. Julian O. S. Madan [Page 177] and Mr. Charles Hillman, who, on going out of the legation, were conducted to the intendencia by the police agents as if they had committed some public offense.

Other persons who had business to arrange with the legation, or personal visits to make to me—Don José Francisco Molina Don Santiago Toro Herrera, Don Ernesto Hubner, and others—found themselves obliged to have themselves accompanied by special police agents in order not to be arrested, or to procure special passports from the intendencia with the sole object of being able to come to the legation under their protection.

I am in a position to inform your excellency that one of my sons read the order given to the police, which he obtained for the purpose from one of the agents, and its terms were to arrest any persons going out of the legation. The same thing was repeated by the police agents to Mr. Raycraft and other gentlemen.

In this way vexations are inflicted upon the legation of a foreign and friendly power in the persons of its visitors, native and foreign, apparently without consideration and certainly without any justifiable reasons whatsoever.

Pending the receipt of instructions from my Government, I consider it my duty to intimate to your excellency that the consideration due to this legation and the respect due to the country which I represent can not be intrusted to the discretion of detectives of an inferior grade, nor can they depend upon the outcome of suspicions and fears that I must consider unfounded and chimerical.

As representative of the United States I can not allow, without serious protest, that the house of this legation should appear as in a state of siege, and that from day to day it shall be subjected to petty annoyance in order to inflict vexation upon those who come into or go out from it, or upon those to whom it has, as your excellency admits, legitimately extended asylum.

Not giving credit to nor considering of importance the capricious rumors that the legation could have been converted into a focus of conspiracy, I feel it my duty to renew to your excellency the desire which I have already expressed, that the course of action of which I have complained may not be repeated.

Begging your excellency to accept, etc.,

Patrick Egan.