Thomas O. Osborn to Miguel Luis Amuñátegu, February 21, 1880

Mr. Osborn to Señor Amuñátegui.

Sir: I find published in the Diario Official an order from the minister of war and marine of your excellency’s government issued on the 3d instant to the commander in-chief of the Chili squadron, regarding the course to be pursued in the prosecution of the present war, touching the purport of which I deem it my duty to address your excellency.

The very cordial relations which exist between our respective governments encourage me to believe that the motives which impel me cannot be misconstrued, and that my suggestions will be received by your excellency as they are offered, in a spirit of the utmost sincerity and friendship.

I understand the order mentioned to direct the bombardment and destruction of all Peruvian towns which have made preparations for defense, and the destruction of all launches, and other property whether public or private, used for loading and discharging cargo in the various ports of the enemy. The instruction to bombard is, I understand, unrestricted, except as stated above. The importance of the place in a military point of view is not to be taken into consideration. It is enough to know that it has in place some cannons for defense. Nor is there any requirement for the notice now so generally recognized as necessary by the civilized governments in such cases.

The right of bombardment is a cruel one in any aspect, and the public opinion of the world very justly demands that it should be sparingly exercised, and when exercised that the horrors attending it should be mitigated in the greatest degree possible. It is a relic of the barbarism of the dark ages, against which civilization has for several centuries steadily and unceasingly directed its fire, and while the progress which has been made may not be as great as good men everywhere could wish for, still much has been accomplished for humanity. The limits which circumscribed its exercise in the ages which are past have been through the expansion of an enlightened public sentiment gradually reduced, until, I respectfully submit to your excellency, the law of nations recognizes it only as pertaining to ports which possess some inportance, strategic or otherwise, in a military sense, and that even then sufficient notice of the proposed bombardment should be given to enable non-combatants and neutrals to remove themselves and their property from danger. And so, too, regarding the destruction of the launches and moles. It will hardly be seriously contended that such destruction could be justified except when the necessities of the military situation might seem to require it.

These observations are of a general character, but it is in its bearing upon the interests and rights of neutrals that I desire more especially to direct your excellency’s attention to the order in question. These rights are liable to be seriously compromised by a rigid execution of the order, if I correctly understand its purport. The destruction of all the moles and launches on the Peruvian coast, for instance, involves the destruction of all neutral commerce with that country without the necessity of a blockade. I trust to be informed that my interpretation of the order in this respect is a mistaken one.

Without, however, particularizing further, I feel that my duty has been performed in bringing the matter to the consideration of your excellency, and I shall rest in the hope that whatever may appear to be wrong in the order referred to, in so far at least as it affects the right of neutrals, will be duly righted.

With sentiments of the highest consideration, I have, &c.,