Mr. Egan to Mr.
Blaine.
Legation of
the United States,
Santiago, October 6, 1891.
(Received November 13.)
No. 208.]
Sir: I have the honor to refer to my dispatch of
29th September, No. 205, and now beg to inclose a translation (inclosure No.
1) of the reply, received 30th ultimo, of the minister of foreign relations
to my note of the 26th ultimo, from which it will be seen that the minister
still maintained the correctness of all that had been done by the local
authorities, and attempted to support the charge of conspiracy against the
refugees by the citation of proofs which do not bear the test of
examination. He also says that his Government has no obligation to grant,
and is by no means willing to grant, safe-conducts to enable the refugees to
leave the country. I forwarded to you, same evening, a telegram giving the
substance of this reply.
On 1st instant I replied to same, exposing the fallacy of the supposed proofs
of conspiracy, intimating the desire of my Government that I should firmly
insist that the respect and inviolability due to the accredited minister of
the United States and to the legation buildings, including free ingress and
egress, should be fully and promptly given and observed, again recounting
the manner in which the police had acted in arresting all visitors at the
legation, including three United States citizens and others who had come on
business entirely unconnected with the refugees, and stating that such a
course would not alone involve vexations to the legation, but it would make
it impossible, if repeated, to maintain the friendly relations which my
Government has always cordially desired to preserve with the Government and
people of Chile, but which should be reciprocal.
I further renewed my protest against the course of action which the minister
had sought to justify, and concluded by expressing my regret that he could
not at present find reason for the concession of the safe-conducts as a
proof of consideration and amity towards a friendly Government. Please find
copy of this note (inclosure No. 2).
I received on 2d instant your telegram of Island on 3d instant your other
telegram.
Same day I waited in person upon the minister of foreign relations, and, as
instructed, read to him your telegram conveying the expression of the
opinion of the President.
As is shown by memorandum of interview which I forward herewith (inclosure
No. 3), the minister fully recognized that the asylum had been legitimately
extended, disclaimed on the part of the Government any intention to show
disrespect to the legation of the United States,
[Page 180]
declared that there must have been a misunderstanding
with respect to the order to arrest all visitors to the legation, which I
had described as a virtual blockade, and he promised to fully investigate
and reply to this point in his answer to my note of 1st instant.
Same evening I forwarded telegram conveying foregoing particulars.
The Americans arrested were: Mr. Charles Hillman, a well-known engineer, who
on coming to visit the legation on 25th ultimo was conducted by police
agents to the intendencia, a governor’s office about half a mile away,
where, after some questions and explanations, he was liberated; Mr. Julian
O. S. Madan, commission merchant, conducted on two different occasions to
the intendencia; and Mr. W. E. Raycraft, railway contractor, who was
conducted to the police headquarters of San Pablo, over a mile distant, and
who, after a series of interrogations, as described in his letter attached
to inclosure No. 3 in my No. 205, was set at liberty. Among the other
arrests were three persons, natives, who came on business connected with the
legation, two doctors that came to attend one of the refugees who was ill, a
telephone mechanic who came to arrange the telephone instrument, and four
servants of the legation. The last mentioned were retained for three and
four days in prison, and the telephone mechanic for twenty-four hours.
The Spanish minister, who is now officially received, has agreed to act
entirely in harmony with me in relation to the refugees in his legation.
The facts respecting other legations I have fully reported in my No. 205.
As stated in my dispatch of 3d instant, there has been no inconvenience to
the legation since the 26th ultimo.
I am awaiting the reply of the minister of foreign relations to my note of
1st instant.
I have, etc.,
[Inclosure 1 in No.
208.—Translation.]
Señor Matta to Mr.
Egan.
Ministry of Foreign Affairs,
Santiago, September 29,
1891.
Sir: This department is in receipt of your
excellency’s two last communications of the 26th instant, in which,
treating of the measures which the lawful authorities have believed
right, and which they should take to guard and protect social interests
and to make respected all official and lawful rights, your excellency
says:
- (1)
- That your excellency returns thanks for the acknowledgment
that you are not aware of what is being done or what may be done
in violation of the asylum and the acceptance of this in all its
meanings.
- (2)
- That in proof of the fact that the refugees have not attempted
nor will attempt anything against the actual state of affairs,
they are willing to go out of the country providing they can
obtain a safe-conduct to do so.
- (3)
- That the disagreeable conduct of the police agents towards
persons coming out of the legation constitutes a state of siege
that ought not to be further continued.
- (4)
- Your excellency, after citing the case of Mr. Ray craft and
other United States citizens, infers that it is a molestation
put upon those entering into or coming out of the legation, and
also states that you are awaiting instructions from your
Government, and that your excellency “considers it your duty to
make known that the consideration due to the legation and the
respect due to the country which you represent should not be
intrusted to the discretion of secret police of inferior grade,
nor can they depend upon the suspicions and fears that your
excellency must consider chimerical and unfounded.”
The undersigned, expressing himself as he has done in that which relates
so much to the minister plenipotentiary and to the extraterritorial
rights of the legation,
[Page 181]
and
briefly referred to in the first paragraph, has only complied with his
duty and conscience, and is pleased that in this there will be no reason
for difference of opinion between the United States legation and this
department.
As regards the contents of the second paragraph—if such be the purpose of
the refugees at the legation—perhaps they have done things or are
authorizing others to do things which contradict this intention, which
the local and national authorities have the power to prevent and
frustrate, without the necessity of granting a safe-conduct, which the
refugees have no right to ask for, not even protected by the chief of
the legation who grants them asylum.
It is those that took upon themselves the responsibility who should know
what steps are necessary to adopt, and not the undersigned who should
undertake to point out the way or the means by which they or the
refugees can succeed in getting out of the difficult position in which
they are placed without the desire of the local authorities, who comply
with their strict duties of office.
As the undersigned has not considered, for reasons which it is not
necessary to explain, but which his excellency the minister
plenipotentiary can well understand, that it was his duty to ask for the
extradition of the refugees in the legation, he believes also that his
Government has no obligation to grant, and certainly is by no means
willing to grant, a safe-conduct to these persons, to whom the legation
can generously give a place of refuge, but to whom it cannot give the
right or privilege to oppose or conspire against the laws, the
authorities, or the interests of Chile.
In reference to the disagreeable position referred to in the third
paragraph, the situation is not the result of the official acts or
wishes of either the local or national authorities, but of the granting,
as the undersigned considers justly and rightly, of the asylum to
certain offenders, called political, and above all for the abuse
committed of said asylum in order to foment intrigues and plots that
will prove useless and vain, but which nevertheless has been done,
according to trustworthy evidence which has arrived at the knowledge of
the undersigned.
Of the data referred to in paragraph four, the undersigned will recite
only a few authentic cases, which will prove to his excellency the
minister plenipotentiary that it is not to be inferred that the
authorities desire to molest persons entering and coming out of the
legation because a few persons have been detained and questioned,
natives as well as foreigners, and who may have held intercourse with
the refugees without Mr. Patrick Egan knowing it or being able to know
it.
For instance, papers and letters have been seized and taken from persons
commissioned to carry them for and from some one of the refugees; also
persons have been seen passing a package of papers through an open
window, which was received by some one on the inside who certainly was
not an employé of the legation; besides this, we are in possession of
proofs that a card used by the servant of the legation, and intended for
the sole use of that person only, had been made use of by three or four
different persons; these cases already cited are more than sufficient,
in the judgment of the undersigned, to convince Mr. Patrick Egan that
these are not imaginary visions which have dictated those measures, and
which clearly explains that these persons were or may have laid
themselves liable to molestations on coming out of the legation,
notwithstanding up to date there has been no instance whatsoev er to
prove that the rights of the legation have at any time been infringed
upon.
The police comply with their duties in the streets, and in view of
antecedents, all of which have not been denied, in respect to persons
visiting the legation, not for the service or for its necessary
purposes, but with the object of forming relations with the refugees
which, if the authorities do not prevent they fail to comply with their
most elemental obligations, and which is their right, having the power
to prevent the effects which these acts may produce.
Without giving further development to this and much other data—of greater
significance than that cited by the minister plenipotentiary—the
undersigned has the honor to repeat to Mr. Egan all possible
considerations, both personal and official, in answer to his two last
communications.
Your most obedient servant,
[Inclosure 2 in No. 208.]
Mr. Egan to Señor
Matta.
Legation of the United States,
Santiago, October 1,
1891.
Sir: I have the honor to acknowledge receipt of
the note of your excellency of 29th ultimo replying to mine of 26th
ultimo.
In it your excellency insists in expressing the right of the local
authorities to adopt the measures against which this legation has
protested, your excellency affirming
[Page 182]
that such measures had been caused “by the
granting of asylum to certain offenders called political, and especially
by abuses committed, or intended to be committed of such asylum, in
order to foment intrigues or concoct plots which would be entirely vain
and useless, but which nevertheless existed,” according to reliable
information which has come to the knowledge of your excellency.
Among these informations “there have been discovered, for example,
letters and other papers of some of the refugees; there has been seen
introduced by an open window a package of papers which some one had
received in the interior; and it has been proved that the card of the
servant of the legation, which was for one individual, had been used for
three or four more;” those facts being sufficient, in the judgment of
your excellency, to justify the measures which had been taken in order
to frustrate the attempts at conspiracy which, according to your
excellency, were taking place in the legation in my charge.
As I have expressed to your excellency, in my note of 26th September, I
awaited instructions from my Government, which I had fully informed by
telegraph of the occurrences that in a form so unusual toward the
legation of a friendly nation had taken place.
I have now received those instructions, which direct me to firmly insist
that the respect and inviolability due to the accredited minister of the
United States and to the legation buildings, including free ingress and
egress, shall be fully and promptly given and observed.
It is satisfactory to me to find that the protest which I have felt it my
duty to convey to your excellency in my previous communications
corresponds to the desires of my Government.
I can not, consequently, admit the right claimed for the authorities,
either local or national, to establish a species of blockade against
this legation in the form in which it was put in practice during some
days.
The order given by the local authority, and recognized as valid and
legitimate by your excellency, was to conduct to prison or to the
intendencia any person going out of the legation, without distinction of
persons, and without indication whatsoever of the slightest culpability,
and the police agents even went so far as to warn persons not to enter,
under threat of arrest; all of which would not alone involve vexations
to this legation, but would make it impossible, if repeated, to maintain
the friendly relations which should be reciprocal, and which my
Government has always cordially desired to maintain with the Government
and people of Chile.
According to the principles approved by your excellency the diplomatic
immunities should be at the mercy of idle rumors or of the whisperings
of detectives composed of persons drawn from the lowest social
grade.
I have to renew to your excellency my protests in the form already
conveyed in my previous notes, and to say that I can not recognize the
propriety or legality of the orders which have been given by the local
authority, and the proceedings which have been adopted to comply with
these orders.
I am pleased to observe that your excellency is good enough to supply the
data to show how unfounded are the charges of conspiracy made against
the refugees in this legation. I regret to express to your excellency
that I can not consider as serious the idea that a conspiracy could have
been presumed on the part of those gentlemen because of the throwing of
a letter through an open window. The action referred to was done by
Señor Don Eleodoro Valdés Carrera, who on account of the state of siege
in which the legation was placed, found that that was the only safe way
of communicating with his brother, Don José” Miguel Valdés Carrera,
after having been twice arrested by the police for attempting to visit
the legation, took advantage of the opportunity of finding a window open
to throw in the letter in the way described; which only shows the more
clearly the extraordinary situation in which this legation was placed by
the action of the authorities. This letter, which refers purely to
family and business matters, is now in my possession and entirely at the
disposition of your excellency.
The other proof adduced by your excellency is that the card given to one
servant for his safeguard had been used by three or four others. I am
not aware that it corresponds to your excellency to determine the number
of the servants of this legation or that your excellency can consider
yourself authorized to interfere with the increase of the number of such
employés, made necessary by the circumstances. In the present instance I
gave two cards, with the intention that they could be used by any of
four servants then employed in the legation. My cards of identification
in any case were not respected, because all of my servants were
conducted to the prison and retained there for some days, two of them
having those same cards in their possession.
The only thing that could have warranted the consigning of those men to
prison would have been the finding of some culpability or implication on
their part in the alleged conspiracy, of which I am convinced there
could not have been the slightest probability.
[Page 183]
I do not deem it necessary to say anything in regard to whether the
refugees may have received correspondence. They are free to do so,
because asylum, according to international law and custom, does not
involve isolation nor prevent the persons from attending to their
business and family interests as they may find convenient.
In regard to the solicitations on behalf of the refugees, conveyed in my
note of 26th ultimo, to obtain from the Government of your excellency
safe-conducts to enable them to go out of the country, I submit it was a
proof, clear and irrefutable, that they do not entertain any idea of
conspiracy; of which fact I myself am entirely convinced.
As your excellency shows an unwillingness to concede safe-conducts, I
consider that for the moment I should make no observation to your
excellency beyond expressing my regret that your excellency can not at
present find reason for a concession which would be a proof of
consideration and amity towards a friendly Government.
Renewing to your excellency the assurance of my distinguished
consideration,
I have, etc.,
[Inclosure 3 in No. 208.]
Memorandum of interview between Mr. Egan and Señor
Malta.
Santiago, October 3,
1891.
To-day, in accordance with instructions received by telegram from Mr.
William F. Wharton, Assistant Secretary of State, I waited in person
upon the minister of foreign relations, Don Manuel A. Matta, and read to
him said telegram.
The minister stated that he recognized in the fullest manner that this
legation had legitimately given asylum to the refugees now in the
legation, and he assured me that there was no intention whatsoever on
the part of his Government to offer the legation of the United States
the slightest disrespect. He maintained, however, the right to arrest or
detain and question, for the purpose of impeding the supposed conspiracy
on the part of the refugees, all suspicious persons supposed to be
carrying documents or messages from the refugees.
I pointed out to the minister that in all cases the police agents had
stated they had orders to arrest all persons coming out of the legation,
and that as a matter of fact they had, during three days, the 23d, 24th,
and 25th of August, arrested and conducted to the intendencia all of the
visitors, including three Americans and some three natives who had come
to the legation on business entirely unconnected with the refugees, and
that this amounted to a virtual blockade of the legation; that I had in
my several notes referred to this order to arrest all visitors and that
the minister had not denied it, but had on the contrary sustained all
that had been done by the local authorities, and that persons throughout
the city would not venture during those days to visit the legation
without either the protection of a special police agent or a special
passport; all of which created a situation with respect to the legation
that no nation could permit.
The minister assured me, with regard to the question of an order to
arrest all of the persons visiting the legation, there must have been a
misunderstanding, as he felt assured that no such order had ever been
given, or would be given, and that he had not replied to that point in
my notes because he considered it might have been some exaggeration of
words, and that he had believed my protests and arguments were directed
to the limitation of the proper right of the local authorities to arrest
or detain on the public streets, away from the vicinity of the legation,
persons who might have gone out from the legation, against whom there
might be legitimate grounds of suspicion. I replied that I had not
contended that the police should not arrest, in the public streets,
persons against whom there should be legitimate grounds for suspicion,
but that I did object to the indiscriminate arrests that had taken place
without any grounds for suspicion whatsoever beyond the fact that the
persons so arrested had been seen visiting the legation, and that I
objected to the manner in which the legation had been virtually
blockaded.
The minister said he would postpone his reply to my note of the 1st
instant until he should be able to make full inquiries from the
intendente and be in a position to fully reply to me on this point.
With regard to the charge or suspicion of conspiracy against the
refugees, I again assured the minister that the only desire of the
refugees is to get away out of the country.
