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to the former, wherein the alleged connivance of the former is made clear, is in the hands of a Chilian at Chile but that it is not published, out of regard to American ho

nor!

"We have all reason to believe that, when Santa Cruz arrived at Lima, the wrath of Chile was not suspected; for six days after (on the 21st), the Chilian brig of war, the Achilles, arrived at Callao, vessels belonging to friendly nations, but and was received, not only as the other amongst the Peruvian men-of-war, which lay dismantled and unguarded in that harbor. So little suspicion was at that time entertained of Chile's hostile intentions, that one of those vessels had only two

We consider matters somewhat differently in Europe, and should imagine that to make a public charge against a public man's character, is sufficiently assailing his honor, and that his adversaries need not be so delicate as to decline proving what they love to affirm provided always they have the proof, as they say. men on board. But though challenged by the Lima government,* they have NOT PRODUCED IT. Eheu, jam satis!

From the ability confessedly shown by Santa Cruz, it may, we think, be fairly argued, that the mode of the pretended assist ance to Freire, and his actual means, were not likely to be considered efficient, or any thing better than a waste of money, by the provident ruler of Bolivia; and since, as the Exposé affirms uncontradicted, no evidence was brought forward to connect him with the invasion upon the trial of Freire; and since the letter referred to has not been published by Chile to substantiate that charge, it bears, in ordinary reasoning, no weight whatever, unless against those who have made it. Freire, the ex-President of Chile, appears to have been the Murat of the western world, lost in an attempt to imitate Napoleon. So far as we can find, of proof there is none whatever that Santa Cruz was hostile to Chile; and even the expedition of Freire occurred, not under Santa Cruz, but during Orbegoso's administration of North Peru. But there is something very like positive proof of the hostility, on the other hand, of Chile to Santa Cruz; for, though no evidence can be adduced, still accusations are and have been made against him, from that quarter, and Chile has declared her in tention that Santa Cruz no mande en el Peru. Let us glance a moment at the further acts of Chile.

"After receiving the usual visit from the harbor master, Guarrido, the commander

of the Achilles went on shore with one of his officers, and passed great part of the day with the commander of the marine, with whom they dined, and parted in the evening in perfect good understanding.— interview with the Chilian Consul, Don Another officer went to Lima, and had an Ventura Lavalle. The Vice-Consul at Callao passed the whole day on board the Achilles; and, in fact, the comers and the resident Chilians communicated with the freedom allowed to parties of whose amity no suspicion is entertained. Notwithstanding this, the commander of the of the dismantled Peruvian men-of-war, Achilles, during that night, manned three the Arequipeña, the Santa Cruz, and the Peruviana, and made to sea with them."(!) -pp. 15, 16.

This, undoubtedly, is a novel mode of simply seeking redress, which is the reason assigned by the aggressors for this step; but if Chile was jealous of the growing trade of the United Republics, and felt sure that their commerce, which had, previous to the Union, selected her port of Valparaiso as the first point to touch at, should now be transferred entirely to their native free ports,—no serious crime, surely for a government to take due care of its own subjects,—then we can understand the abstraction of the vessels in question; which, in case of need, in the hands of their proper government, would That government sent a brig of war to have sufficed to defend the mercantile maCallao, which arrived a few days after San-rine of the Confederate Republic from any ta Cruz reached the capital. We shall friendly interference of their neighbors.merely remark to our readers, that it is a The manner, too, of the deed was as flagitious known principle of the human mind, when as the matter; the resident minister from hostilely disposed towards any particular Chile being implicated in it:object, to have its attention awakened and its suspicions excitable, by all that passes respecting it. And we affirm, therefore, that the following instance of official neglect could arise only from an absence of suspi

cion in the mind of Santa Cruz. In accordance, therefore, with the Peruvian writer's Exposé

"Next morning, when this act of open aggression was known at Callao and Lima, the greatest alarm spread through depredation should be committed. Every the people, lest other acts of hostility and class, and every individual, was seized with terror, at an event so daring and unexpected, and a thousand conjectures were immediately afloat. Amidst this agitation, it was propagated and ascer

In the Eco del Protectorado.

he

This reasoning, we ourselves think, requires the support of the following facts in illustration of this particular case; since the term abuse the confidence is in itself too indefinite to allow an application of the argument in general:—

tained that the Chilian Consul,* after ha- | gives him such privileges as to secure his ving been waited upon by the officer from safety. But, should this agent at any time the Achilles, as already mentioned, had abuse the confidence of the country, himself repaired clandestinely to that ves- has no longer any claims upon it for the sel, taking in his company the son of the continuance of those exemptions, because, President of Chile, whom he left there on by foregoing the primary and most essenhis return to Lima! The supposition, tial part of his charge, he has forfeited then, that some plot against the present them."-pp. 17, 18. administration had been formed, at the head of which was Don Ventura Lavalle, struck every mind; and the landing of Chilian forces, the pillage of warehouses, and, in fact, every sort of outrage, was fearfully expected. In this perplexity, the government despatched a messenger to Don Ventura Lavalle, intimating their wish of an interview. Lavalle answered, that in his capacity of diplomatic agent Lavalle, when the arrest took place, he could not comply with their wishes, but was no longer either the agent of a friendthat government had the option to com- ly nation, or himself the minister of peace. municate with him either by writing or by His government had committed an outmeans of a deputy. This was a captious rage against that where he resided; an reply, which increased the alarm of the open insult, a theft, the forerunner of other government; and as Don Ventura Lavalle insults and hostilities;-a deed, in fact, of had been received by Salaverry, as Chargé- the criminality of which Lavalle himself d'Affaires of Chile, and concluded a treaty was so convinced, that, in his circular to with that rebel, the conjecture that he the foreign agents, written on board the might be acting in concert with the disaf- Achilles, he requests them to suspend their fected to the actual administration be- judgment upon it until the government of came the more probable. In this emer-Chile_should explain the motives. This gency, the government saw no safer expedient than to secure the person of Don Ventura Lavalle.”—pp. 16, 17.

We freely admit that the Chilian papers had good grounds here, apparently, for protecting against so unusual a step; but every reader must hesitate to determine whether it was really a flagrant violation of diplomatic immunities, till he has weighed the conduct of the party concerned as himself preserving or forfeiting the immunities, and heard the following arguments in defence of the Peruvian proceeding :

"The objects for which a diplomatic agent is designed are, first, to preserve and strengthen relations of amity and good intelligence between his government and that where he resides; secondly, to see that their mutual conventions are observed; thirdly, to prevent any thing taking place in the country where he resides detrimental to the interests of his nation; fourthly, to protect such of his country men as require protection. He is essentially a minister of peace, and the immu

nities allowed him are no more than the

warrant of that security and peace for himself which the country expects from him. He comes there as an agent of amity and peaceable relations, and he enjoys the confidence of the country, because the country believes he can never act contrary to these purposes, and in reciprocity

These italics are ours.

act, then, had been perpetrated with HIS previous knowledge; he had communed and combined with the offenders; and he was pointed out by the unanimous voice of the people as the most culpable. The to break the bond, requests of him an government, nevertheless, still reluctant interview. He refuses it, because he knows that the object of this interview is to draw from him an explanation of his conduct; and he refuses, under an insidious pretext, for the request had nothing incompatible with the dignity of diplomatic rank; on the contrary, Lavalle, refusing to comply with it, has overlooked one of the first duties of his charge; because, in the same way that governments cannot deny access to diplomatic agents, these are bound to make themselves accessible either personally or by writing; and any government has, on this principle, an undoubted right to demand the presence of a diplo matic agent when this becomes expedient. We therefore contend that, under all these circumstances, the arrest does not participate of the character which the Chilians, as well as those unacquainted with the preceding incidents, charge it with, Lavalle having, by his connivance at the outrage perpetrated against the country, and by his subsequent conduct, forfeited his rights as a diplomatist.

"But so willing was the government to forget Señor Lavalle's trespasses, that no sooner was the non-existence of a plot ascertained than he was restored to liberty, and his arrest was less than a quarter of an hour."-pp. 18, 19.

The Chilian minister wrote the same day

to state the order of his government to de-vian government, and perhaps, with the mand his passport, which looks like pre- intention of delivering them up again meditated, preconcerted hostility,-and to when sufficient securities of peace be beg that it might be sent that day, August tured in the Arequipeña, who have not otherwise given. Those individuals cap22, 1336; which was accordingly done, ac- been willing to enlist themselves under the companied by the following note from the Chilian flag, are allowed to return to the government of Lima ;— service of your government, and the same consideration will be had with those on board the Santa Cruz, when that vessel joins us.

"North Peruvian State, Protectoral Palace, "Lima, August 22nd, 1836. "The undersigned, Minister of Foreign Affairs, has received the note of the Consul-General of Chile, dated this day, in which he informs H. É. of having received orders from the government of Chile to withdraw from Peru, and in consequence of which the consul-general requests to have his passport this very day.

“I hope you will allow D. Ventura Lavalle, Chargé d'Affaires of Chile, with his goods, and the Chilians who choose to accompany him, to pass on board the Achilles. God bless you!

(Signed) "VICTORINO GARRIDO."

To this last note are attached the following pertinent remarks:

"The undersigned has been directed by H. E. the Protector to furnish the consul"It will be observed, in the first line of general with his passport, and to state this document, that Garrido gives, as the that, although the scandalous deed perpe- cause of his conduct, the inexplicable contrated at Callao last night by the Achilles duct of the Peruvian government. But authorizes H. E. to take the most prompt how did they know it was inexplicable and severe measures of retaliation against before they demanded an explanation?— a government which, by such an act of The Government of Peru had not been piracy, has become an outlaw in the rights called upon by that of Chile to give any of nations; H. E., faithful to the principles explanations, and the act we have just deof moderation he has adopted for the ma scribed was committed before any of the nagement of external affairs, will for the means by which civilized nations in our present abstain from any act of hostility days seek to obtain redress had been reagainst the Chilians resident in this state, sorted to; moreover, it was committed in or against the consul-general. But it is direct contradiction to the address of the his wish that the consul-general should be President of Chile to the assembly, in made to understand, that the government which it is declared, 'that until irrefraover which H. E. presides, possesses all gable proofs of the culpability of the Peruthe means, as well as resolution and ener-vian government were obtained, Chile gy, to demand a satisfaction equal to the insult received, and to prevent the future violations of his territory; and that, should fresh insults be offered, or the Chilians resident in Peru attempt to disturb the quiet of the country, the most severe measures will be taken.'

66

Enclosing the passport to the consulgeneral, H. E. wishes him also to be apprized, that his quitting this territory must take place to-day without fail.

"The undersigned concludes, assuring Señor Lavalle of his respect, &c.

(Signed)

PIO DE TRISTAN."

"At four o'clock p. m. of the same day, the few officers and men of the Arequipeña were sent ashore in a lighter belonging to the Achilles, and the following note from Garrido, delivered to the minister of marine:

"On board the Achilles, two miles to leeward of the Island of S. Lorenzo, -August 22nd, 1836.

would not proceed to any act of hostility. We ask now, were these proofs found when the Achilles pillaged the port of Callao? Have they been obtained since ?— Where, and how ?"—pp. 20, 21.

The proposed intervention of the British. Consul, at the request of the British merchants, was acceded to; a conversation was agreed to on board his Britannic Majesty's vessel the Talbot for cessation of hostilities, till both governments could explain, 24 hours being allowed for the Peruvian President's signature, and 50 days for Chile.The Chilians, therefore, took off the captured vessels, and their Consul Lavalle relanded, to arrange his private affairs, The Peruvian answer of consent was obtained immediately in the following note :

"Seeing no rational motives for enga"The inexplicable conduct of your go- ging the Republics of Peru and Chile in vernment has put mine under the necessity a war that would be prejudicial without of adopting, as means of defence, the being decisive, the government of Peru, measure of which you must have heard being immutable in their peaceful views, through other channels. It is the inten- and wishing to give every facility to such tion of the Chilian government to retain explanations as are necessary upon a subthe vessels of which I have taken posses-ject of so much moment, I approve of sion, as pledges of peaee from the Peru- this convention."-p. 23.

On the 30th September, the Peruvian count of Freire's expedition: 6th Mutual minister at Chile inquired whether the go- exemption for the Chilians in Peru, and the vernment meant to sanction the convention, Peruvians in Chile, from all forced contriand received an answer in the negative, butions under the name of loan, and from based upon the following specimen of Chi- being compelled to serve in the army, in the lian diplomatic argumentation :--militia or in the navy.

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The 4th and 6th articles are presumptive evidence that neither state could complain much of the other; and these, with the 1st, were open to discussion. Acceding to the 5th, as regards its second part, would have been publicly confessing what had been so publicly denied, and its introduction therefore looks like an intentional insult to bar farther negotiation. But the 3d of the stipulations is clearly of a nature to preclude all arrangement, unless as the conquered receiving laws from the conqueror; and the 2d is even still more extravagantly ridicu adversary for the independence of the latter, lous-a foreign state stipulating with her rendered nugatory by the very fact of that stipulation!

the 21st of October, and the commander sent The Chileno squadron arrived off Callao in notice of his intention to that port with a salute. Herrera, the governor, declined the double courtesy, and stated that none could land except the minister and his suite. To this "retort courteous" the Chileno admiral, Blanco, replies by the following note, which which we look upon simply in the light of the "quip modest."

"The National Congress authorizes the President of the Republic to declare war against Peru, in case of that government refusing to make such adequate compensation for the injuries done to Chile, and to offer such conditions as may warrant the independence of this Republic. The President of Chile will make public to all nations the just motives which have obliged the Chilian people to adopt this extreme, ceedingly. To deny the Chilian squadron "Your answer has surprised me exafter so many sacrifices made for the pre-admission to the port of a friendly state, servation of peace."-p. 24.

and at the very time of its conveying a minister plenipotentiary, seems to me an act of hostility which I cannot account for, considering the relations of friendship (the old story again) which exist between Chile and Peru. You will please to tell me the motive of this novelty, the most strange indeed, inasmuch as the ports of "Chile are open to all classes of Peruvian enjoy in that country special hospitality vessels, as well as to individuals, who and benevolence.

The Chilians now determined upon sending a plenipotentiary to Peru, but this plenipotentiary was accompanied by a squadron of five sail," because it was not just to allow the aggressing government (i. e. Peru!) to augment and concentrate its naval forces under the shelter of friendly intercourse." The Chileno squadron was therefore charged to keep the ships of the different republics at a certain distance, until negotiations should be concluded!

*

"Your answer will serve as a guide for my future resolutions, which, without this serious precedent, could only be peaceful, and designed to strengthen the relations of amity and cordiality between the two countries."."―p. 28.

The answer was sent accordidingly.

The propositions submitted by their plenipotentiary were six in number, viz.-1st, Satisfaction for the violence offered to Don Ventura Lavalle: 2nd, The independence of Bolivia and of the Ecuador (i. e. the preservation of the political equilibrium of the Southern Republics) 3rd, A diminution of the naval forces of Peru: 4th, Commercial reciprocity, each country placing the other on the terms of the most favored nation : 5th, The acknowledgment of the debt incurred by Peru against Chile, both during the war of the Independence, and on ac-tained.

your communication of this day, in which "I have had the honour of receiving you manifest great surprise at the squa

*It might have been added, and however ob

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dron being denied admission into this grant such a promise without their special port. This negative is but the conse- orders and instructions.”—p. 35. quence of the conduct of the Achilles on the 21st of last August, and of the non-ratification of the convention concluded on the 28th of the same month, and which had for its object the cessation of hostilities against Peru. It is surprising that Chile, instead of taking measures to enter into an adjustment of this question, which Peru has shown she desires, should send here a squadron, the presence of which can by no means be held a testimonial of peace and amity, or fail to alarm. "Peru, Sir, wishes for peace, because it is under the shield of peace that the pros perity of nations grows. There is no sacrifice, excepting that of its honor, that this country will not make to obtain it; but in the meanwhile I must inform you, that unless I receive fresh instructions from my government, I shall not deviate from this line of conduct."-p. 29.

To this Blanco replies by requesting to be at once admitted, with his fleet, as the

forces of a friendly nation; as a proof of which, he observes

"The embargo (EMBARGO!) of the Peruvian vessels,besides being made according to the most strict principles of justice, was, as you well know, the necessary consequence of Peru having made use of its naval forces to destroy the liberty, and even the independence of Chile, plunging it in all the horrors of a civil war."-p. 30.

To this satisfactory statement the Peruvian governor somewhat drily replies, that

"The instructions he has had with respect to the squadron under your command are not to allow it to come within cannon-shot of the port, because government, being the guardian of the national interests, must not give occasion to the repetition of acts like that which you term an embargo."-p. 33.

The plenipotentiary then, at great length, assured the 'Peruvian General de Tristan, that, his mission being unconcluded, it is most probable that the squadron will return to the coast of Peru, and prevent the re-union and augmentation of the naval forces of that republic; that, in his note on the 3d, he had not mentioned, directly or indirectly, the absolute departure of the squadron from the coast of Peru, but merely and indefinitely of the government of Peru with respect to its retiring from Callao; that any pretensions the squadron might be made the subject of a preliminary agreement after their landing, provided Peru should ensure to the squadron the retaining of its present advantageous position; and finally that he should wish to ascertain if the minister, in employing the their meaning the conveyance of communiwords peaceful usages, had excepted from cations to the squadron ;" and withdrew from

the coast.

We deem it absolutely unnecessary to add a word to these extracts, since never did facts speak more clearly for themselves of moderation on one side and presumptuous insolence on the other. It could only be a government confiding in its own strength, in the justice of its cause, and the reasonableness of its views, that would bear so much of provocation from a state that could inspire so little of serious alarm.

the conduct of the Chilian government at We need not touch upon the allusions to and we now turn to the manifesto of Buenos home, for this forms no part of our subject; Ayres against Santa Cruz.

We were not a little surprised at the grounds upon which, we found by the English newspapers, the government of Buenos Ayres bases its proceedings. We can discover, neither in the extracts they furnish, nor in the original document, any thing We need take but two extracts more from beyond bare assertion, without attempt at this correspondence, perhaps unique in the argument or at proof. We give the mateannals of diplomacy. The Peruvian go- rial portions of the official declaration of vernment requiring a promise that the Chi-war as they are given in the Morning Herald leno squadron, in retiring, as proposed from of August 23, 1837.

the coasts of the North and South Peruvian States, will not commit any act of hostility, capture, EMBARGO, or DETENTION, (are these synonyms of peace ?) on the property of the said states and their subjects: to this the Chilian diplomatist replies,'

"I am sorry it is not in my power to accede to this new request, because you must know that, although I am satisfied, nay certain, of the peaceful and sincere intentions of my government, I could not

"The government charged with the foreign affairs of the republic, in the name and on behalf of the Argentine confederation, considering,

"That the occupation of Peru by a Bolivian army, is not founded on any right, except that of an illegal, null, and criminal treaty, stipulated and signed by a Peruvian general, without power, and without authority, to deliver up his country to a foreigner;

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