feelings and the confidence which he has in the justice of his cause, he declares his willingness not to await the decision of the examining judge and proposes to the United States Government that the case be submitted to the consideration of the Supreme Court of Justice at Washington, to the end that that high tribunal, with its learning and impartiality, may determine, without appeal, whether there is any ground for reparation and in what shape it should be made.

The undersigned would remind you, referring to the conduct of the Valparaiso authorities, that it appears from the preliminary examination that they sent without delay to the scene of conflict all the forces at their disposal belonging to the special intendencia and to the police. Swanson, Cass, Nichols, Downey, Honner, Cunningham, Williams, Talbot, Hollard, Hodge, Butler, etc., seamen belonging to the crew of the Baltimore, stated to the interpreter of that vessel that the object of the police in arresting them was to shelter them from any attempt at attack by the excited people. The undersigned thinks that the action of the police in this matter should be considered with due allowance for the civil war which had recently been brought to a close. The body was not yet properly organized, nor did it have the force that was required to put down a disorder of such proportions in a short time.

In this connection it is proper to recall the words used by the honorable Secretary of State at Washington in his note addressed to the Marquis Imperiali, and bearing date of May 21, 1891: "There is no government, however civilized it may be, however great may be the vigilance displayed by its police, however severe its criminal code may be, and however speedy and inflexible may be its administration of justice, that can guarantee its own citizens against violence growing out of individual malice or a sudden popular tumult." This was precisely the situation of the administrative authorities at Valparaiso on the occasion of the occurrence which took place in October.

As for the dispatch addressed under date of the 11th of December to the Chilean minister in Washington by the minister of foreign relations of the Provisional Government, the undersigned submits that there could not be on the part of the Government of Chile the purpose to inflict any offense upon the Government of the United States, with

which it desires ever to cultivate the most friendly relations. Consequently the undersigned deplores that in that telegram there were employed through an error of judgment the expressions which are offensive in the judgment of your Government.

With regard to the suggestion made touching the change of the personnel of your legation to which the instructions of the honorable Secretary refer, it is incumbent upon the undersigned to declare that the Government of Chile will take no positive step without the accord of the Government of the United States, with which it desires to maintain itself in friendly understanding.

D. TELEGRAM FROM MR. BLAINE TO MR. EGAN RELATIVE TO THE OFFICIAL NOTE OF SEÑOR PEREIRA TO THE LATTER

[January 30, 1892. Papers Relating to the Foreign Relations of the United States, 1891, 312-313. Published by the United States Department of State.] Department of State

By direction of the President, Mr. Blaine instructs Mr. Egan that great pleasure has been given to the people of the United States and to the Executive Department by the receipt of Señor Pereira's telegraphic reply of the 25th of January. He says that it has been communicated to Congress; that the correspondence between the two Republics will be restored to a basis of cordiality; that in the President's belief, it will be easy to reach full and honorable adjustment of all unsettled matters; that the regret for, and condemnation of, the assault on the sailors of the Baltimore expressed by Pereira are gratifying to the President, who presents to the Chilean Government his congratulations upon the frank and ample withdrawal of Señor Matta's telegraphic instructions and upon the spirit of justice displayed toward Mr. Egan. He instructs Mr. Egan to give assurances of the President's readiness to meet the friendly overtures of the Chilean Government in the most generous spirit, and adds that the President will not engage at present in a discussion of the methods suggested by Señor Pereira in the matter of the reparation to be made for the assault upon the American sailors,

because he believes that the usual diplomatic course is now available to that end, and because he has no doubt that the whole matter will soon be brought to a final and honorable conclusion under the sense of justice evinced by Chile.

E. THE ANNUAL MESSAGE OF PRESIDENT HARRISON ANNOUNCING THE AMICABLE SETTLEMENT OF THE BALTIMORE INCIDENT

[December 6, 1892. Papers Relating to the Foreign Relations of the United States, 1892, XIII. Published by the United States Department of State.]

Congress at the last session was kept advised of the progress of the serious and for a time threatening differences between the United States and Chile. It gives me now great gratification to report that the Chilean Government, in a most friendly and honorable spirit, has tendered and paid as an indemnity to the families of the sailors of the Baltimore who were killed and to those who were injured in the outbreak in the city of Valparaiso the sum of $75,000. This has been accepted, not only as an indemnity for a wrong done, but as a most gratifying evidence that the Government of Chile rightly appreciated the disposition of this Government to act in a spirit of the most absolute fairness and friendliness in our intercourse with that brave people.

RELATIONS BETWEEN BRAZIL AND

ARGENTINA

128. THE MISIONES AWARD

[February 5, 1895. Papers Relating to the Foreign Relations of the United States, 1895, I, 1-3. Published by the United States Department of State.]

The dispute between the republics of Brazil and Argentina over the territory of Misiones had been of long standing. The land in dispute lay between the Uruguay and Yguazu rivers. Various unsuccessful attempts had been made to settle the question the last one in 1890, when there was an attempt at the division of the territory. The whole matter was laid before President Harrison in 1892, according to the terms of a treaty between the two countries. The delay in the preparation of the case made it necessary to lay the matter before President Cleveland, who made his award on February 6, 1895. The decision gave the whole territory to Brazil without assigning the reason for the judgment. Both sides accepted the award, which had the following form:

AWARD OF THE PRESIDENT OF THE UNITED STATES OF AMERICA, UNDER THE TREATY OF ARBITRATION CONCLUDED SEPTEMBER 7, 1889, BETWEEN THE ARGENTINE REPUBLIC AND THE EMPIRE (NOW UNITED STATES) OF BRAZIL

The treaty concluded September 7, 1889, between the Argentine Republic and Brazil for the settlement of a disputed boundary question provides, among other things, as follows:

1 By the census of 1890 all but thirty of the five thousand seven hundred and ninety-three inhabitants of the contested territory were Brazilians, and of the thirty not one was an Argentine.

ARTICLE I. The contention about the right that each one of the high contracting parties judges to have to the territory in dispute between them shall be closed within the term of ninety days, to be counted from the ending of the survey of the land in which the head waters of the rivers Chapeco or Pepiri-guazu and Jangada or San Antonio-guazu are found. The said survey is understood to end the day on which the commissions appointed by virtue of the treaty of September 28, 1885, shall present to their Governments their reports and plans referred to in article 4 of the same treaty.

ART. II. Should the time specified in the preceding article expire without an amicable solution being reached, the question shall be submitted to the arbitration of the President of the United States of America, to whom the high contracting parties shall address themselves within the next sixty days, requesting him to accept that commission. ART. V. The boundaries shall be established by the rivers that either Brazil or the Argentine Republic has designated, and the arbitrator shall be invited to decide in favor of one of the parties, as he may deem just, and in view of the reasons and the documents they may produce.

ART. VI. The decision shall be pronounced within the term of twelve months, counting from the date of the presentation of the expositions, or from the latest one if the presentation be not made at the same time by both parties. It shall be final and obligatory, and no reason shall be alleged to obstruct its enactment.

The high contracting parties having failed to arrive at an amicable solution within the time stipulated as aforesaid, have, in accordance with the alternative provisions of the treaty, submitted the controverted question to me, Grover Cleveland, President of the United States of America, for arbitration and award under the conditions in said treaty prescribed.

Each party has presented to me within the time and in the manner specified in Article IV of the treaty, an argument, with evidence, documents, and titles in support of its asserted right.

The question submitted to me for decision under the treaty aforesaid is: Which of two certain systems of rivers constitutes the boundary of Brazil and the Argentine Republic in that part of their adjoining territory which lies between the Uruguay and the Yguazu rivers? Each of the designated boundary systems is composed of two rivers hav