ay well be attributed to the excitement and indignation which the crime
naturally evoked. The views of this Government as to its obligations to
foreigners domiciled here were fully stated in the correspondence, as
well as its purpose to make an investigation of the affair with a view
to determine whether there were present any circumstances that could
under such rules of duty as we had indicated create an obligation upon
the United States. The temporary absence of a minister plenipotentiary
of Italy at this capital has retarded the further correspondence, but
it is not doubted that a friendly conclusion is attainable.
Some suggestions growing out of this unhappy incident are worthy the
attention of Congress. It would, I believe, be entirely competent for
Congress to make offenses against the treaty rights of foreigners
domiciled in the United States cognizable in the Federal courts. This
has not, however, been done, and the Federal officers and courts have no
power in such cases to intervene, either for the protection of a foreign
citizen or for the punishment of his slayers. It seems to me to follow,
in this state of the law, that the officers of the State charged with
police and judicial powers in such cases must in the consideration of
international questions growing out of such incidents be regarded in
such sense as Federal agents as to make this Government answerable for
their acts in cases where it would be answerable if the United States
had used its constitutional power to define and punish crime against
treaty rights.
The civil war in Chile, which began in January last, was continued, but
fortunately with infrequent and not important armed collisions, until
August 28, when the Congressional forces landed near Valparaiso and
after a bloody engagement captured that city. President Balmaceda at
once recognized that his cause was lost, and a Provisional Government
was speedily established by the victorious party. Our minister was
promptly directed to recognize and put himself in communication with
this Government so soon as it should have established its _de facto_
character, which was done. During the pendency of this civil contest
frequent indirect appeals were made to this Government to extend
belligerent rights to the insurgents and to give audience to their
representatives. This was declined, and that policy was pursued
throughout which this Government when wrenched by civil war so
strenuously insisted upon
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