LOS ANGELES HERALD. VOL. 37.—N0. 98. PEACE OR WAR? Chile Can Have Whichever She Chooses. She Must Get Off Her Perch or Fisht. The President's Message Laid Before Congress. Chile's Conduct Criticised in Caustic Terms. A Firm, Fair Demand for Complete Reparation. The Dignity of tbe Nation .Must Be Up held at Any Cost—The message and Ultimatum Generally Approved. Associated Press Dispatches. Washington, Jan. 25.—The corre spondence in the Chilean controversy and the president's message on the subject were laid before congress to day. In the house, on motion of Blount, and in the senate, on motion of Sherman, tbe message was*referred to the committee on foreign affairs, after reading. .Following ia the text of the mes sage : To the Senate and House of Representatives: In my annual message delivered to congress at the beginning of the preaent session, after a brief statement of the facts then in possession of thia govern ment, touching on the assault in tbe streets of Valparaiso, Chile, upon aailora of the United States ahip Baltimore, Oc tober 16th, last, I said: "Thia govern ment ie now awaiting the result of the investigation which haa been conducted by the criminal court at Valparaiso. It is reported unofficially that the investi gation ia about completed, and it ia ex pected that the result will soon be com municated to this government, together with some adequate and satisfactory re sponse to the note by which the atten tion of Chile was called to this incident. If these just expectations should be dis appointed o<- further needleaa delay in *orT»n«e, I will, by special message, bring this matter again to the attention of congress for Buch action as may be necessary." In my opinion the time ia now come when I should lay before congress and the country the correapondence between this government and the government of Chile, from the time of the breaking out of the revolution against Balmaceda, to gether with all other facts in possession of tbe executive department relating to thia matter. The diplomatic corres pondence ia herewith transmitted, to gether with the correapondence between tho naval officers for the time in command iv Chilean waters and the secretary of the navy, and also the ev : dence taken at Mare Island navy yard since the arrival of the Baltimore at San Francisco. Ido not deem it neceaaary in this communi cation to attempt any full analysis of the correspondence or of tho evidence. X brief restatement of the international questions involved aud the reasons why the responses of the Chilean govern ment are unsatisfactory, is all I deem necessary. It may be well at tbe outset to say whatever may have been said in this country or Chile in criticism of Mr. Egan, our minister at Santiago, tbe true history of this exciting period in Chilean affairs, from the outbreak of tbe revo lution until this time, discloses no act on the part of Mr. Egan, unworthy of his position, or that could justly be the occasion of any aerious animadversion or criticism. He haa, I think, on tbe whole borne himaelf in veiy trying cir cumstances, with dignity, discretion and courage, and haa conducted the cor respondence with ability, courtesy and fairness. It is worth while, also, at the begin ning, to say that the right of Mr. Egan to give shelter in the legation to certain adherents of the Balmacedagovernment, who applied to him for asylum, has not been denied by the Chilean authorities, nor has any demand been made for the surrender of these refugees. That there was urgent need of asylum, is shown by Egan's note of August 24, 1891, describ ing the disorders that prevailed in San tiago; and by the evidence of Captain Schley as to the pillage and violence that prevailed at Valparaiso. The cor respondence discloses, however, that the request of Mr. Egan for safe conduct from the country, in behalf of these refugees, was denied. Precedents are cited by him in the correspondence, particularly in the case of the revolution in Peru in 1835, tbat did not leave the Chilean government in a position to deny the right of asylum to political refugees, and seemed very clearly to support Mr. Egan's contention that safe conduct to neutral territory was a necessary and acknowledged incident of asylum. These refugees have very recently, without formal safe conducts, but by the acquiescence of the Chilean authorities, been placed on board tbe Yorktown, and are now being conveyed to Callao, Peru. This incident might be considered wholly closed but for the disrespect manifested towards this government by the close and offensive police surveil lance of the legation premises, main tained during the most of the period of the Btay of the refugees therein. After the date of my annual message and up to the time of the transfer of the refu gees to the Yorktown,the legation prem ises seem to have been surrounded by police in uniform and police agents or detectives in citizens' dress, who offens ively scrutinized persons entering or leaving the legation, and on one or more occasions arrested members of tbe min- 1 ißter's family. Commander Evans, who by my directions recently visited "Minister Egan at Santiago, in his telegram to the navy department describes the legation ac a ''veritable prison," and states that the police agents or detectives were after hia ar rival withdrawn during hia stay. It appears further, from a note of Egan of November 20, 1891, that on one occasion, at least, theae police agents, whom he declares to be known to him, invaded tbe legation premises, pounding on its windows and using inaulting and threat ening language toward the peraona therein. This "breach of the right of tbe minister to freedom from police es pionage and restraint seems to have been so flagrant that the Argentine min ister, who was dean of the diplomatic coups, having observed it, felt called upon to protest againSt it to the Chilean minister of foreign af airs. Tbe Chilean authorities have, as will be observed from the correspondence, charged the refugees and inmates of the legation with inaulting the police, but it eeema to me incredible that men whoae lives were in jeopardy, and whose safety could only be secured by retirement and quietuesa, should have sought to pro voke a collision which could only end in their destruction, or to aggravate their condition by intenaifying popular feel ing tbat at one time ao threatened the legation aa to require Mr. Egan to ap peal to the minister of foreign affairs. But the most serious incident dis closed by correspondence was that of the attack on sailora of the Baltimore in the streets of Valparaiso on the 10th of Oc tober last. In my annual message, speaking upon the information then in my possession, I Baid bo far as I had yet been able to learn, no other explanation of this bloody work had been suggested, than that it had had ita origin in hostility to these men aa sailora of the United Statea, wearing the uniform of their government, aad not in any individual act or personal animosity. We have now received from the Chilean govern ment an abstract of the conclusions of the fiscal general, upon teatimony taken by the judge of Crimea in an investiga tion madeto extend over nearly three months. I very much regret to be com pelled to aay that this report doea not enable me to modify the conclusion an nounced in my annual message. lam still of the opinion that our sailors wera assaulted, beaten, stabbed and killed, not for anything they or any one of them had done, but for what the govern ment of the United Statea had done, or was charged with having done by its civil officers and naval commanders. If that be the true aspect of the case, the injury was to the government of the United States, hot to those poor sailora who were assaulted in a manner ao brutal and cowardly. Before attampting to give an outline of the facts upon which this conclusion rests, I think it right to aay a word or two upon the legal aspect of the case. Tho Baltimore waa in the harbor of Val paraiso, by virtue of the general invita tion which nations are held to extend to the war vessels of other powers with which the? have friendly relatione. Thia invitation, I think, muat be held, ordinarily, to embrace tbe privilegea of auch communication with the shore as is reasonable, necessary and proper for tbe comfort and convenience of the officers and men of such veasels. Cap tain Schley testifies that when his ves sel returned to Valparaiso, September 14th, the city officers, as customary, ex tended the hospitalities of the city to his officers and crew. It ia not claimed that every personal collision or injury in which a sailor or veasel visiting a shore may be iuvolved, raiaesan international question, but I am of the opinion that where such sailora or officers are aasaulted by the reßident population, animated by hostility to the government whose uniform theae sailora and ofiiceis wear, and in resentment of acts done by their government, not by them, their nation must take notice oi the event ai one involving an infraction of its rights and dignity ; not in a secondary way, aa where a citizen ia injured and pre sents his claim through our own gov ernment, but in a primary way, pre cisely as if its minister or consul or flag itself had been the object ol the same character of assault. The officers and sailors of the Balti more were in the harbor of Valparaiso, under order of their government, not by their own choice; they were upon the shore by implied invitation of the gov ernment of Chile, and with the approval of their commanding officer, and it does not distinguish their case from that of a consul tbat has a stay more permanent, or that he holds the express invitation of the local government to justify his longer resideuce; nor does it affect the question that the injury was the act of a mob. If there had been no participa tion by the police or military in this evil work, and no neglect on their part to extend to them protection, the case would still be one, in my opinion, when its extent and character is considered, involving international rights. The president then tells the story of the attack on the sailors of the Balti more, as related in the testimony of Captain Schley and others, at the inves tigation, Bhowing that the sailors were sober and behaving themselves, evi denced further by tho fact that the Chilean police made no arrests, and says: It is remarkable that the pro tracted investigation of tbe judge of crimes did not enable him to assign any more satisfactory account of its origin than that it was a quarrel between drunken sailors. He then quotes the testimony of Ap prentice Talbot, that the trouble orig inated in a Chilean sailor spitting in Talbot's face, for which Talbot knocked him down. Then followed a general attack on Talbot and Riggin, with the result already known. The president continues: There is nothing in the report of the Chilean investigation made to us that seriously impeaches this tes timony. It appears from Chilean sources thatalmost instant'.y, with a suddenness that strongly implies meditation and preparation, a mob, stated by the police authorities at one time to number 2000, and at another 1000, engaged in an as sault upon our sailors, who are repre sented as resisting with stones, clubs and "bright" arms. The report of the intendente of October 30th, states that the fight began at 6 p. m. in three streets which are named; that the in formation was received at tbe intenden cia at 6:15, and that the police arrived on the scene at 0:30, a full half hour after the assault began. By tbat time, he saye, a mob of 2000 men bad col lected, and that for several squares there waa the appearance oi "a real battle TUESDAY MORNING. JANUARY 2G, 1892 —TEN PAGES. field." The scene at this point is very graphically set before us by Chilean tes timony. The American sailors who, after bo long an examination, bad not been found guilty of any breach of the peace, so far as the Chilean authoritiee are able to diecover, unarmed and de fenseless, are fleeing for their lives, pur sued by an overwhelming num ber, and fighting only to effect their own escape from death, or succor some mate whose life is in greater peril. Eighteen of them are brutally stabbed and beaten, while one Chilean seems from the report to have suffered some injury, but how serious, or by what character of weapon, or whether by a missile thrown by our men or by some of his fellow rioters, ia unascertained. The pretense that our men were fighting with atones, cluba and bright anna, in view of these facts, ia incredible. It ia further refuted by the fact that our prisoners, when searched, were absolutely without arms, only seven pen-knives being found in the possession of the men are steel, while there were received by our men more than thirty stab wounds, every one of which waa inflicted in the back, and almost every contused wound on the back or back of the head. The evi dence of the ahip'a officer of the day is that even the jack-knives of the men were taken from the men before leaving the ship. As to the brutal nature of the treat ment received by our men, the president quoted an extract from the account given of the affair by La Patria, a news paper which, he says, cannot be re garded aa too friendly. It tells how our" men were pursued with atones and mia- Biles and beaten down, as haa already been told many timea. The meesage continues: Ko amount of evasion or subterfuge is able to cloud our clear vision of this brutal work. It should be noticed in thia connection that the American sailora arreated, after exam ination, were, during four days follow ing the arreat, every one discharged, no charge of any breach of peace or other criminal conduct having been sustained against a eingle one of them. Judge of Crimes Eoßter, in a note to the in tendente, under date October 23d, be fore the dispatch from thia government of the following day, which aroused the authorities of Chile to a better sense of tbe gravity of tbe affair, aaya: "Having presided temporarily over thia court in regard to the seamen of the Baltimore, who have been tried on account of the deplorable conduct which took place, etc." A noticeable point here is that our Bailors had been tried before the 22d of the month, and the trial resulted in their acquittal and return to their vessel. It ia quite re markable and quite characteristic of tbe management ot this affair by the Chilean police authorities, that we should now be advised that Seaman Davidson of the Baltimore bad been included in the indictment, hiß offense being, so far as I have been able to ascertain, that he at-, tempted to defend a shipmate against assault, and who waa Doing etruck with a knife. Perfect vindication of our men is furnished by thia report: One only ia found to have been guilty of criminal fault, and that for an act of gallantry. As to the part taken by the police in the affair, the case made by Chile ie also far from satisfactory. The point where Riggin waa killed is only three minutes' walk from the police station, and not more than twice that distance from tbe intendencia; and yet, according to their official report a full half hour passed afttr the assault began before the police were upon tne ground. It has been stated that all but two of our men said the police did their duty. The evidence taken at Mare island shows that if such statement were procured from our men, it was accomplished by requiring them to sign writing in a language they did not understand. By their representa tion it was a mere declaration that they had taken no part in the disturbance. Lieutenant McCrea, who acted aa inter preter, i ays in his evidence, when the sailors were examined before the court the subject, of the conduct of the police waa carefully avoided. He reported the fact to Captain Schley on his return to the vessel. Tho evidence in existence of the animosity toward our Bailors in the minds of the sailors of the Chilean navy and the populace of Valparaiso is bo abundant and various aa to leave no doubt in tha mind of anyone who will examine the papers submitted. It manifested itself in threaten ing and insulting gestures toward our men aa they passed a Chilean man-of-war in their boata, and in deri sive and abuaive epithets with which they greeted every appearance of au American sailor on the evening of the riot. Captain Schley reports that boata from Chilean warahipa several timea went out of their course to crosa the bow of his boat, compelling them to back water. He complained of the die courtesy, and it waa corrected. That thia feeling was shared by men of higher rank, is shown by an incident related by Surgeon Stitt, of the Baltimore. After the battle of Placilla, he, with other medical officers of the war vessels in the harbor, were giving voluntary assistance to the wounded in the hospitala. A son of a Chilean army officer of rank was under hia care, and when hia father d'a covered it he flew into a paasion, and said he would rather his son should die than have an American touch him, and at once had him removed from the ward. This feeling waa not well concealed in dispatchea of the foreign office, and had quite an open expreesion in the disre spectful treatment of the American lega tion. Chilean boatmen in the bay re fused even tor large offers of money to return our Bailors, who were crowded to the mole, to their ship when they were endeavoring to escape from the city on the night of the assault. The market boat of the Baltimore was threatened, and even quite recently the gig of Com mander Evana, of the Yorktown, was stoned while waiting for him at tbe mole. Tbe evidence of our sailora clearly shows that the attack was expected by the Chilean people; that threats had been made againßt our men, and in one case, somewhat early in the afternoon, the keeper of the house into which some of our men had gone, closed the estab lishment in anticipation of an attack, which he advised them would be made upon them as darkness came on. In the report of Captain Schley to the navy de partment he Bays: "In the only inter view that I had with Judge Foater, who waß investigating the case relative to the disturbance before he was aware of the entire gravity of the matter, he in formed me that the assault upon my men was the outcome of the hatred for our people among the lower classes, be cause they thought we sympathized with the Balmaceda government on account of tbe Itata. Whether with reason or without he could of course hot admit, but such he thought was the explana tion of the assault at tbat time." Several of our men Bought security from tbe mob by such complete or par tial changes in their dress as would con ceal the fact of their being seamen of the Baltimore, and found it then possible to walk the streets without molestation. These incidents conclusively establish tbat tbe attack was upon the uniform and nationality, and not upon the men. The origin of this feeling ia probably found in the refusal of thia government to give recognition to the Congressional party before it had established itself; in the seizure of the Itata for alleged vio lation of the neutrality law; in the cable incident, and in the charge tbat Ad miral Brown conveyed information to Valparaiso of tbe landing at Quinteros. It is not my purpose to enter here any defense of the action of thia government in theae matters. It is enough for the present purpose to say, if there was any breach of international comity or duty on our part, it should have been made the subject of official complaint through diplomatic channels, or of reprisals, for which full responsibility waa as sumed. We cannot consent that theße incidents and these perversiong of truth shall be used to excite a mur derous attack upon our unoffending Eailors, and the government of Chile go acquit of responsibility. In fact, the conduct this government, during the war in Chile, pursued, were lines of inter national duty which we had so Btrongly insisted upon on the part of other na tiona when this country waa in the throes of civil conflict. We continued the established diplomatic relatione with the government in power until it waa overthrown, and promptly and cor dially recognized the new government when it was established. The good offices of our government were offered to bring about a peaceful adjustment, and the interposition of Mr. Egan to miti gate tha severity of punishment and ahelter the adherenta of the Congress ional party, were effective and frequent. The charge against Admiral Brown ia too base to gain credence with any one who knows his high personal and profes aional character. Recurring to tbe evidence of onr sail ors, I think it is shown there were sev eral distinct assaults, and ao nearly sim ultaneously, aa to show they did not spread from one point. The press sum mary of the report of the fiscal, shows that the evidence of the Chilean officials and others ia in conflict aa to tbe place of origin, several placea being named by different witnesses as the locality where the first outbreak occurred. This, if co'rectly reported, shows there were several distinct outbreaks, and so nearly at the earae time aB to cause this confu sion. La Patria, in the same isaue irom which I have already quoted, after de scribing the killing of Riggin and the light which from that point extended to the mole, save: "At the same time in another street of the port, Yankee sail ors fought fiercely with tbe people of the towrj-who believed to sco in them incarnate enemies of the Chilean navy." The testimony of Captain Jenkina of the American merchant ship Kewee naw, which had gone to Valparaiso for repairs, and who was a witness to some part of the assault upon the crew of the Baltimore, is strongly corroborative of the testimony of our own eailora, when he says be caw Chilean sentries drive back a seaman seeking shelter from the mob that was pursuing him. The offi cers and men of Captain Jenkina'a ship furnish most conclusive teatimony to the indignities practiced toward Ameri cans in Valparaiso. When American sailors, even of a merchant ahip, can only secure their safety by denying their nationality, it must be time to readjust our relations with the government that permits such demonstrations. Aa to the participation of police offi cers, the evidence of our sailora shows that our men were struck and beaten by police officers before and after arreßt, and that one, at least, was dragged with a lasso about hia neck by a mounted policeman. That the death of Riggin was the result of a rifle shot fired by a policeman or soldier on duty, ia shown directly by the testimony oi Johnson, in whose arms he waa at the time, aud by the evidence of Charles Langen, an American sailor, not then a member of the Baltimore's crew, who stood close by and saw the transaction. The Chilean authorities do not pretend to fix the responsibility of this shot upon auy particular person, but avow their in ability to ascertain who fired it, further than it was fired from the crowd. The character of the wound, as des cribed by the surgeons of the Baltimore, clearly supports his opinion that it was made by a rifle ball, the orifice of exit being as much aa an inch or an inch and a quarter in width. When shot, the poor fellow waa unconscious and in the arms of a com rade, who waa endeavoring to carry him to a neighboring drug store for treat ment. The story of the police that in coming up the street they paased those men and left them behind them, ia in consistent with their own statement as to tbe direction of their approach, and with their duty to protect tin m, and is clearly disproved. In fact Riggin was in front of the advancing force, aud not standing in a crowd, but unconscious and supported in the arms of Johnson when shot. After summarizing the correspondence up to a certain point, he aaya: The communications of the Chilean govern ment in relation to thia cruel and dia astrous attack upon our men, aa will appear from the correspondence, has not in any degree taken the form of a manly and satisfactory expression of regret, much less apology. The event was of so serious a character that if the injury Buffered by our men waß wholly the re sult of accident in a Chilean port, the incident was grave enough to have called for public expreesion of sympathy and regret from the local authorities. It is not enough to say the incident ia regretted, coupled with a statement that the affair waa not of an unuaual character in ports were foreign eailors are accustomed to meet. It is not for a generous and sincere government to seek for words of small or equivocal meaning in which to convey to a friendly power an apology for an offense bo atrocious as thia. In the case of the assault by a mob in New Orleans upon the Spanish consulate in 1851, Webster wrote to the Spanish minister (Calde ron) that the acts complained of were "a disgraceful and flagrant breach of duty and propriety," and that hie gov ernment "regret! them as deeply as STORE^ TALK! I TELL YOU, YOUNG MAN, THAT— The superiority or inferiority of Shoes is shown in the wear, the comfort and the style. Giving, as we do, proper attention to each little detail in the make-up of our shoes, we can safely pronounce them perfect. Quality in Men's Shoes is gratifying to the wearer. Cling Tightly to this word Quality. 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In our note of Octcber 23d, last, which appears in the correspondence, after receiving the report, of the board of officera appointed by Captain Schley to inveatigate the affair, the Chilean government was advised of the aspect which it then assumed, and called upon for any facts in its poßseasion that might tend to modify the unfavorable impres sion which our report had created. It ia very clear from the correspondence that, before the receipt oi thia note, the examination waa regarded by the police authorities aa practically closed. It was, however, reopened and pro tracted through nearly three montha. We might justly complain of thiß un reaaoable delay, but, in view of the fact that the government of Chile was still provisional, and the disposition to be forbearing and hopeful of a friendly termination, I have awaited the report which has but recently been made. On the 21at inatant I cauaed to be communicated to the government of Chile, by the American miniater at Santiago, the conclusions of thia govern ment, after full consideration of all the evidence and every suggestion affecting thia matter, and to these conclusions I adhere. They were stated as follows: First—That the assault ia not re lieved of the aspect which the early in formation oi the event gave it, viz: that of an attack upon the uniform of the United States navy, having ita origin and motive in a feeling of hoatility to this government, and not in any act of a eailor, or any of them. Second—Tbat the public authorities of Valparaiso flagrantly failed in their duty to protect our men, and that come of the police and of Chile'a soldiers and sailora were themselvea guilty of un provoked assaults upon our Bailors before and after arrest. He (the president) thinks tho preponderance of the evi dence and the inherent probabilities lead to the conclusion tbat Riggin wafl killed by police or soldiers. Third —That he (the president) is therefore compelled to bring the case back to the position taken by thia gov ernment in the note of Mr. Wharton, of October Sod last, and to ask for a suit able apology and for some adequate reparation for the injury done to this government. In the same note the attention of tbe Chilean government is called to the offensive character of the note addressed by Matta, ex-minißterof foreign affairs, to the Chilean miniater at this capital, on the 11th nit. This dispatch waa not officially communicated to this govern ment, out as Minister Montt was directed to translate and give it to the press of this country, it seemed to me it could not pass without official notice. [CONTINUED ON FIFTn PAGE.] Good values in Fine Tailoring a Perfect Fit, and a large New Stock at 126 W. Third street. H. A. Gets. 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