José Manuel Pareja to The Diplomatic Corps, resident at Santiago, September 26, 1865

Second reply of Admiral Pareja to the diplomatic corps.

The undersigned, commander-in-chief of the squadron of her Catholic Majesty in the Pacific, and her minister plenipotentiary, has had the honor to receive the collective note of the diplomatic corps resident in Santiago, under date of the 24th instant, which the representative of the United States of America, acting as dean of said body in the republic of Chili, has been pleased to remit to him through the United States consul at Valparaiso.

Hostilities having been opened between Spain and Chili, the principal object at which were directed both the first note and that which he has now the honor to answer, has disappeared.

However, in addition to a just motive of courtesy, the undersigned, in answering it, has also in view the object of refuting some of the arguments which appear in the said note, in order to lay down his clear and explicit opinion upon them, which he does not hesitate to affirm is the same as that of his government.

That note states, “that the public ministers who sign it do not feel themselves called upon to emit an opinion with regard to the motives which have induced the government of her Catholic Majesty to require satisfaction from the republic of Chili, and that they desire solely to prevent an unnecessary rupture.” And further on: “They do not consider with Mr. Pareja that no other means than peremptory demands remain, inasmuch as the explanations given to Mr. Taveira by the minister of foreign affairs of Chili, in his note of 16th May, ultimo, were satisfactory to the negotiator of her Catholic Majesty, from which moment an arrangement was concluded between both countries; the differences which, during some time, had cooled their intercourse, disappeared, and there was every right to believe that, Mr. Taveira having acted as minister of her Catholic Majesty, the arrangement accepted by him would be ratified by his government.”

The undersigned may be allowed to manifest to the public ministers whom he addresses that in indicating to them, in his former note, the nature of the insults offered by Chili to Spain, and in remitting to them a copy of his memorandum to the Spanish-American republics, in which they are plainly detailed, he had no other view than that of demonstrating evidently to them the reality and gravity of those insults, and consequently the absolute necessity on the part of the government of her Catholic Majesty, after the numerous notes interchanged between its representatives and the Chilian minister, of having recourse to peremptory demands, to which that government had a complete right from the moment that the government of Santiago refused to satisfy the honor of Spain, of which the government of Madrid is the only judge.

If Mr Taveira was satisfied with the explanations of Mr. Covarrubias, the Spanish government did not in any manner contract an obligation to ratify the consent of its resident minister, because, besides that this gentleman, as he expresses it in his note of May 20th, said only that these explanations were sufficient in his judgment, there is the powerful reason that, precisely on account of his not having complied with the instructions which he held from his government, it disapproved of his conduct in the most solemn and explicit manner; the undersigned allowing himself to affirm that the instructions which he has received from the government of her Catholic Majesty, in conformity with which he proceeded, were entirely similar to those with which Mr. Taveira ought to have complied.

Thus the government of her Catholic Majesty, in disapproving the acts of Mr. Taveira, and stating “that it considered the condition of things to be the same as when Mr. Taveira addressed his note of 13th May, ultimo, to Mr. Covarrubias,” has acted in complete conformity with diplomatic rules and with common law, and not in contradiction to them, as. the undersigned has observed with regret has been assumed by the diplomatic body resident in Santiago; since, having given to Mr. Taveira the instructions referred to, it is clear that at that time it considered the explanations given by Mr. Covarrubias as insufficient, and so holding them, it is also evident that no other course remained for him than that which he has seen himself obliged to take in defence of its honor, which, as before expressed, was exactly that marked out to Mr. Taveira.

The government of Spain has already discussed the question sufficiently with that of Chili, as is proven by the explanations of May 19, to convince itself fully that it would not succeed in obtaining, by pacific means, such explanations as it has a right to obtain.

It only remains to the undersigned to manifest that his government not having been able to adopt any other course, after the refusal of that of Chili to satisfy it in the manner due, he cannot admit the protest of the diplomatic body resident in Santiago, considering that the responsibility of the damages caused by the hostilities will be due exclusively to the obstinacy of the government of Chili in denying to Spain adequate satisfaction for the offences committed against her. In all cases the laws of war invest the belligerent with the right of doing the greatest possible harm to the enemy; moreover, one who does it with reason, as Spain now does, can never admit the responsibility of those damages which may be caused to foreigners established in the territory of the adversary.

The undersigned renews to the diplomatic body resident in Santiago, and to its honorable dean, the assurance of his highest respect.