Thomas H. Nelson to William H. Seward, February 15, 1866

Mr. Nelson to Mr. Seward.

Sir: I have the honor to inform you that during my late visit to Valparaiso I called upon the commander-in-chief of the Spanish squadron, Admiral Casta Mendez Nunez, and had a long and interesting conversation with him. We conversed freely upon the existing conflict between Chili and Spain, and it was most gratifying to me to find in him a spirit of conciliation and a desire for a peaceful solution to the pending difficulties, in marked contrast to the persistent hostility manifested by the late admiral.

I returned to Santiago immediately afterwards and sought an interview with the secretary of foreign relations. I informed his excellency of the deep interest with which our government had pursued the course of events, subsequent to the arrival in the waters of Chili of the Spanish squadron, under the orders of Admiral Pareja, and the earnest desire of that government to bring about a peaceful solution of the pending difficulties; that the true interests of Chili as well as Spain would be promoted by such solution, and that I had been instructed from time to time to omit no effort to that end.

I stated that it was the opinion of our government that Chili had already evinced so much chivalry and national spirit, in her acceptance and conduct of the war, as to render it perfectly consistent with her honor to offer or accept negotiation with a view to peace. I likewise informed him that the United States had manifested so severe an impartiality since the opening of the contest as to render that government, perhaps, the most acceptable arbiter of the question, and besought that of Chili to accept the friendly offices of the United States as such arbiter.

Mr. Covarrubias informed me that the government of Chili had manifested, from the very beginning of the difficulties, an earnest desire for peace; that she was willing at any moment to conclude the strife, if it could be done consistently with her honor and dignity; that he accepted the idea of arbitration, but feared that several difficulties lay in the way of its practicable realization; that in the first place, France and England had recently, through their representatives in Santiago, tendered their mediation in the question between Chili and Spain, a mediation which had been accepted by the latter, but which Chili could not at present accept; that since the instructions were written ordering that mediation to be tendered, complications had arisen which were unforeseen, and which those instructions did not cover, alluding to the treaty of alliance, offensive and defensive, between the republic of Chili and that of Peru, for carrying on hostilities against Spain; that he had consequently replied to those offers of mediation, stating that he could not accept the same unless the questions between Peru and Spain were included in the same, nor even then, save upon bases which Chili would present, should the mediation ever become practically realizable. He further stated that it might be deemed discourteous to England and France, were his government, after declining, although only conditionally, the offered mediation, should accept a similar tender from the United States, but that he would lay the subject before the president, and inform me of the result. I then informed Mr. Covarrubias that I would present my proposition in writing, and on the 12th instant addressed him a note, embodying the views expressed in the interview, and including in my proposition, as will be perceived by its perusal, the Peruvian-Spanish question, so as to save the government of Chili from all embarrassment.

I called upon Mr. Covarrubias this afternoon to learn the result of his conference with the president. He informed me that the mails for Europe and the north closing to-day, he feared it would be impossible to hand me to-day the written official opinion of his government, but would do so to-morrow, and meanwhile again informed me that, while he accepted the idea of arbitration with gratitude, he could not, for the reasons hereinbefore stated, accept the proposition itself at present, or until the negotiations in regard to mediation pending with England and France should be concluded.

I then informed his excellency that so desirous was my government to witness a peaceful solution of the pending difficulties, that I would, upon receipt of his reply, address him a further communication, informing him, in view of the embarrassment preventing the present acceptance of my proposition, he might consider that offer as a permanent one open for the acceptance of his government at any future time when those obstacles should be removed.

I have also the honor to transmit herewith, marked B, a copy and translation of the joint protest of the consular corps of Valparaiso against the decree of Admiral Mendez declaring Chilian coal to be contraband of war, and also, marked C, a note from the admiral to the United States consul, embodying his views on the subject and his determination to carry out his decree. This note is very severe in its tone, and characterizes the consular protest as hostile, and its signers as liable to be considered enemies of Spain.

A want of time has rendered it necessary to write very briefly and hastily; but these facts are of such interest that I deem it my duty not to postpone their transmission until the next mail, when I will forward the note of Mr. Covarrubias.

I have the honor to remain, very respectfully, your obedient servant,

Protest of the consular corps.

The following is the note with which the said corps has replied to the declaration of the commander-in-chief of the Spanish squadron in the Pacific, in regard to the coal from Chilian mines:

Valparaiso, February 6, 1866.

The undersigned members of the consular corps, assembled at the consular general of his Faithful Majesty the King of Portugal, have made themselves aware of the contents of the note which his excellency, the commander-in-chief of the squadron of her Catholic Majesty in the Pacific, was pleased to address to the dean of the consular corps of this city on the 29th of January last. In that note and the accompanying resolution, the commander-in-chief is pleased to set forth that he has declared the coal of the different mines of Chili to be contraband of war, and that consequently neutral vessels on board of which those of the squadron of her Catholic Majesty may find this combustible, whatever be its port of destination, will be subject to the provisions of the fourth article of the blockade instructions.

It is not the intention of the undersigned to enter into a discussion either upon the greater or less right possessed by the commander-in-chief to make the said declaration, nor upon the considerations upon which it is founded, nor upon the consequences to be deduced therefrom, and they leave to their respective governments the reservation to discuss with that of his excellency the questions involved in the measure adopted.

The undersigned, in conformity with the principles contained in the protest which they presented to the predecessor of his excellency, under date of the 5th of October last, deeming it their unavoidable duty to assist and protect the commerce of their peoples and the free navigation of the vessels bearing the flag of their respective nations, whenever they are employed in lawful traffic, cannot do otherwise than protest in the most formal manner, and make the government of the commander-in-chief responsible for all damages that may be caused to their people in consequence of the said resolution relative to coal from the different mines of the republic of Chili.

For this purpose the undersigned have likewise agreed that the present be drawn up in duplicate, one being addressed to the commander-in-chief of the squadron of her Catholic Majesty in the Pacific, through Mr. George Lyon, consul general of his Faithful Majesty and dean of this consular corps, and the other of the same tenor filed in the consulate general of his Faithful Majesty the King of Portual.

The undersigned, begging the commander-in-chief to be pleased to acknowledge the receipt of the present communication, have the honor to offer to his excellency the assurances of their high consideration and respect.