Mr. Egan to Mr.
Blaine.
Legation of
the United States,
Santiago, December 7, 1891.
(Received January 22, 1892.)
No. 247.]
Sir: On the 3d instant I received from the
secretary of the Chamber of Deputies a note, of which I inclose translation
(inclosure No. 1), informing me that on that day an accusation had been made
in the Chamber against certain ex-ministers of state of ex-President
Balmaceda, and requesting permission to enter this legation to serve
notification upon three of said ministers now refugees in the legation.
I immediately addressed a note to the minister of foreign relations
(inclosure No. 2), bringing the matter to his knowledge and expressing
surprise that the secretary of the Chamber of Deputies should have addressed
himself to this legation and not to the ministry of foreign relations.
The ministers impeached are Señores Claudio Vicuña, Domingo Godoy, Ismael
Perez Montt, José F. Gana, José Miguel Yaldes Carrera, and Guillermo
MacKenna, the three latter of whom are now refugees in this legation, and
the accusation is for treason, breaking the constitution, acting in defiance
of the laws, not having put the laws in execution, malversation of public
funds, and subornation.
I informed you fully of these matters in a telegram of 4th instant.
On the 5th instant the minister of foreign relations replied to my note, a
translation of which is inclosed (No. 3), giving explanation of the
irregularity into which the secretary of the Chamber had fallen and
repeating the request for permission for the secretary of the Chamber to
serve notification upon the refugees.
I replied to this note oh 7th instant (inclosure No. 4), repeating from my
note of 22d October certain arguments in relation to the question of
extraterritoriality and the admitted legitimacy of my action in granting
asylum to the persons now in the legation, and stating that, in view of the
continuance of the same situation and for the same considerations stated, I
did not feel authorized to concede the permission requested.
I have, etc.,
[Inclosure 1 in No.
247.—Translation.]
Secretary of Chamber of
Deputies to Mr. Egan.
Chamber
of Deputies,
Santiago, December 3,
1891.
Mr. Minister: There has been presented to-day
to the honorable Chamber of Deputies an accusation against the various
ex-ministers of state. Amongst those it has been suggested in the said
Chamber that there are some refugees in the legation in charge of your
excellency, and it has agreed that the undersigned secretary shall
proceed to notify them of said accusation in case that your excellency
should be willing to permit it.
In virtue of this I beg your excellency to be good enough, if you will,
to indicate to me the day and hour when I may call at the house of the
legation to comply with said agreement of the honorable Chamber.
Availing of the opportunity, etc.,
[Page 262]
[Inclosure 2 in No. 247.]
Mr. Egan to Señor
Matta.
Legation of the United States,
Santiago, December 3,
1891.
Sir: Under this date I have received a note, of
which I have the honor to hand copy to your excellency herewith,
addressed to me by Señor Don M. R. Lira, in the name of the honorable
Chamber of Deputies.
Being accredited by the Government of the United States of America near
to the Government of your excellency, I can not with propriety treat
directly with the secretary of the honorable Chamber of Deputies. I
therefore, take leave to bring this matter to your excellency’s
knowledge, at the same time expressing my surprise that the secretary of
the honorable Chamber of Deputies should have addressed himself to this
legation and not to the ministry of your excellency.
Renewing the assurances, etc.,
[Inclosure 3 in No.
247.—Translation.]
Señor Matta to Mr.
Egan.
Ministry of Foreign Relations,
Santiago, December 5,
1891.
Sir: While not questioning the grounds which
your excellency had on receiving the note of the secretary of the
Chamber of Deputies, of which you inclose copy, to feel surprised that
the request contained therein had not been made through the medium of
this department, the undersigned believes he can explain this
irregularity in a form in which it happily should not offend rights and
immunities worthy of consideration.
The honorable envoy extraordinary can easily conceive that in treating of
a matter so exciting as the accusation initiated the day before
yesterday in the Chamber of Deputies against persons so conspicuous as
Messrs. José F. Gana, Guillermo MacKenna, and José Miguel
Valdes-Carrera, whose actual residence is known to all, the secretary of
the Chamber may have fallen into the error of addressing him directly in
order to effect promptly the desired object, which may be of interest
also to the three gentlemen named.
There having been received, together with the note of your excellency,
copy of the one directed to you by the secretary, Don Maximo R. Lira,
the undersigned deems it his duty, in his character of secretary of
foreign relations, to bring to the knowledge of your excellency that the
accusation against the six ministers of ex-President Balmaceda, three of
whom are refugees in the legation of North America, is a fact, and to
request from you the permission in order that Señor Don Maximo R. Lira
may enter at such hour as you may fix to comply with the duty intrusted
to him.
The little irregularity mentioned by you to this ministry being excused,
and concurring in the seriousness and great importance to justice as
well as to the defense of the accused that there should be carried into
effect the notification which has been ordered, the undersigned awaits
until you may be good enough to determine the time for doing so, and
availing of the occasion to reiterate, etc.
[Inclosure 4 in No. 247.]
Mr. Egan to Señor
Matta.
Legation of the United States,
Santiago, December 7,
1891.
Sir: In replying to the note of your excellency
of 5th December, referring to the accusation made in the honorable
Chamber of Deputies against certain of the ex-ministers of state of
ex-President Balmaceda, and the request conveyed by your excellency for
permission for the secretary of the honorable Chamber, Señor Don Maximo
R. Lira, to enter the house of this legation in order to notify some of
the accused who are at present refugees therein, I beg to repeat to your
excellency some passages from my note of 22d October last, addressed to
your excellency bearing on this question, as follows: “In the note of
your excellency of 26th September, No.
[Page 263]
304, your excellency recognizes, as your
excellency was obliged to do, the perfect right with which the
undersigned had proceeded in giving asylum to certain political
refugees. Your excellency states, ‘the asylum emanated from the
principle of extraterritoriality inherent to the person, the house, and
the vehicles of the diplomatic agent.’
“In another part of the same note your excellency corroborates the same
recognition of this right, adding: ‘Notwithstanding that this department
has been informed of the measures that have been taken in order to
prevent the refugees in said legation from abusing the protection which
has been legitimately afforded to them.’
“And again in the note of 29th September, referring to arrests which had
taken place of various persons going out of the legation, your
excellency says that same resulted ‘not from the actions or official
measures of the authorities, local or national, but from the concession,
which the undersigned believes lawful, of asylum to certain offenders
called political.’
“It is thus recognized by your excellency on three consecutive occasions
that in granting asylum to the political refugees this legation has
acted with perfect correctness in virtue of the principle of
extraterritoriality accepted by your excellency, and, this being so, it
is entirely inexplicable to the undersigned that your excellency could
consider as submitted to the tribunals by the circular of 14th September
the refugees in this legation who are beyond the reach of your
excellency and of the judicial power to which your excellency
refers.
“The house of this legation is considered as an integral part of the
territory of the United States, and without the will and permission of
my Government your excellency could not consider as subject to the
judicial action of Chile those persons who, from every point of view,
are beyond its jurisdiction.”
In view of the continuance of the same situation, and for the same
considerations stated in the foregoing quotation, I do not feel
authorized to concede the permission requested in the note of your
excellency.
Availing of the occasion, etc.,
