American politics (non-partisan) from the beginning to date

by Thomas V. Cooper; Hector T. Fenton

Before attempting to give an outline of the facts upon which this conclusion rests, I think it right to say a word or two upon the legal aspect of the case. The Baltimore was in the harbor of Valparaiso by virtue of that general invitation which nations are held to extend to the war vessels of other powers with which they have friendly relations. This invitation I think must be held ordinarily to embrace the privilege of such communication with the shore as is reasonable, necessary and proper for the comfort and convenience of the officers and men of such vessels. Captain Schley testifies that when his vessel returned to Valparaiso, on September 14th, 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 population, 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 of 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 steamer 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 says that he was himself on shore and about the streets until 5.40 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 they met them. Other officers of the ship, and Captain Jenkins, of the merchant ship Keweenaw, corroborate Captain Schley as to the general sobriety and good behavior of our men.

The Sisters of Charity at the hospital to which our wounded men were taken, when inquired of, stated that they were sober when received. If the situation had been otherwise, we must believe that the Chilean police authorities would have made arrests. About 6 P.M. the assault began, and it is remarkable that the investigation by the Judge of Crimes, though so protracted, does not enable him to give any more satisfactory account of its origin than is found in the statement that it began between drunken sailors. Repeatedly in the correspondence it is asserted that it was impossible to learn the precise cause of the riot. The Minister of Foreign Affairs, Matta, in his telegram to Mr. Montt under date of December 31st, states that the quarrel began between two sailors in a tavern, and was continued in the street, persons who were passing joining in it.

The testimony of Talbot, an apprentice, who was with Riggin, is that the outbreak in which they were involved began by Chilean sailor spitting in the face of Talbot, which was resented by a knock-down. It appears that Riggin and Talbot were at that time unaccompanied by any others of their shipmates.

These two men were immediately beset by a crowd of Chilean citizens and sailors, through which they broke their way to a street car and entered it for safety. They were pursued, driven from the car, and Riggin was so seriously beaten that he fell in the street apparently dead. There is nothing in the report of the Chilean investigation made to us that seriously impeaches this testimony. It appears from Chilean sources that almost instantly, with a suddenness that strongly implies premeditation and preparation; a mob, stated by the police authorities at one time to number 2000, and at another 1000, was engaged in the assault upon our sailors, who are represented 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 information was received at the intendencia at 6.15, and that the police arrived on the scene at 6.30, a full half hour after the assault began. At that time he says that a mob of 2000 men had collected, and that for several squares there was the appearance of a “real battle-field.”

The scene at this point is very graphically set before us by the Chilean testimony. The American sailors, who, after so long an examination, have not been found guilty of any breach of the peace, so far as the Chilean authorities are able to discover, unarmed and defenceless, are fleeing for their lives, pursued by overwhelming numbers, and fighting only to aid their own escape from death or to 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 with what character of weapon, or whether by a missile thrown by our men or by some of his fellow-rioters is unascertained.

The pretense that our men were fighting “with stones, clubs, and bright arms,” is, in view of these facts, incredible. It is further refuted by the fact that our prisoners, when searched, were absolutely without arms, only seven penknives being found in the possession of the men arrested, while there were received by our men more than thirty stab wounds, every one of which was inflicted in the back, and almost every contused wound was in the back or back of the head. The evidence of the ship’s officer of the day is that even the jack-knives of the men were taken from them before leaving the ship.

As to the brutal nature of the treatment received by our men, the following extract from the account given of the affair by the La Patria newspaper, of Valparaiso, of October 17th, cannot be regarded as too friendly: “The Yankees, as soon as their pursuers gave chase, went by way of the Calle del Arsenal towards the city car station. In the presence of an ordinary number of citizens, among whom were some sailors, the North Americans took seats in the street car to escape from the stones which the Chileans threw at them. It was believed for an instant that the North Americans had saved themselves from popular fury, but such was not the case. Scarcely had the car begun to move, when a crowd gathered around and stopped its progress.