cers
and men of such vessels. Captain Schley testifies that when his vessel
returned to Valparaiso on September 14 the city officers, as is
customary, extended the hospitalities of the city to his officers and
crew. It is not claimed that every personal collision or injury in which
a sailor or officer of such naval vessel visiting the shore may be
involved raises an international question, but I am clearly of the
opinion that where such sailors or officers are assaulted by a resident
populace, animated by hostility to the government whose uniform these
sailors and officers wear and in resentment of acts done by their
government, not by them, their nation must take notice of the event
as one involving an infraction of its rights and dignity, not in a
secondary way, as where a citizen is injured and presents his claim
through his own government, but in a primary way, precisely as if its
minister or consul or the flag itself had been the object of the same
character of assault.

The officers and sailors of the _Baltimore_ were in the harbor of
Valparaiso under the orders of their Government, not by their own
choice. They were upon the shore by the implied invitation of the
Government of Chile and with the approval of their commanding officer;
and it does not distinguish their case from that of a consul that his
stay is more permanent or that he holds the express invitation of the
local government to justify his longer residence. Nor does it affect
the question that the injury was the act of a mob. If there had been
no participation by the police or military in this cruel work and no
neglect on their part to extend protection, the case would still be one,
in my opinion, when its extent and character are considered, involving
international rights. The incidents of the affair are briefly as
follows:

On the 16th of October last Captain Schley, commanding the United States
steamship _Baltimore_, gave shore leave to 117 petty officers and
sailors of his ship. These men left the ship about 1.30 p.m. No incident
of violence occurred, none of our men were arrested, no complaint was
lodged against them, nor did any collision or outbreak occur until about
6 o'clock p.m. Captain Schley states that he was himself on shore and
about the streets of the city until 5.30 p.m.; that he met very many of
his men who were upon leave; that they were sober and were conducting
themselves with propriety, saluting Chilean and other officers as th