sisal

EXPOSITION
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T H E I L L E G A L A C T S
EX-PRESIDE1MT BALMACEDA,
WHICH
C AUS E D T HE CI VI L WAR IN CHI LE.
P E D R O M O N T T ,
Confidential Agent of the Constitutional Government:
1
!
;
WAS HI NGTON:
OIBSON BROS^, PRINTERS AND BOOKBINDERS.
1891.
EXPOSITION
OF
THE I L L E G A L ACT S
OF
EX-PRESIDENT BALMAGEDA
WHICH
C A U S E D T H E C I V I L W A R IN C H I L E .
BY
P E D R O M O N T T ,
Confidential Agent of tlic Constitutional Government.
WASHI NGTON :
GI BSON BROS. , PRI NTERS AND BOOKBINDERS.
1 S 9 1 .
Exposition of the illegal Acts of ex-President BaL
maceda, which caused the Civil War in Chile.
I .
One of the most admi rabl e characteri sti cs of the peopl e
of the great Ameri can Republ i c is their l ove of fair pl ay, and
thei r sympat hy f or nati ons struggl i ng for the mai ntenance of
l i berti es and consti tuti onal ri ghts.
Owi ng to the remot eness of our count ry, and the persi st-
ent mi srepresentati ons of the publ i c and secret agents of Mr.
Bal maceda in this count ry, t hrough the publ i c press, some
persons have been mi sl ed i nto the bel i ef that we are in re-
bel l i on agai nst a lawful and beni gn government . We desi re
t o gi ve a statement of facts, that an unbi assed opi ni on may
be f ormed as to the meri ts of the struggle whi ch is now del -
ugi ng our unhappy count ry with fraternal bl ood.
Our Chi l i an Republ i c , al though the most remote on thi s
conti nent f rom the Uni t ed States, has al ways endeavored to
pr ove herself a wort hy member of the si sterhood of Amer i -
can Republ i c s. But , unf ortunatel y f or our nati onal pri de, we
are now- f orced to conf ess and l ament that we cannot cl ai m
f or our peopl e and count ry that conti nui ty of prosperi t y and
happi ness whi ch, until the present year, gave such gratif}' ing
promi se f or the future greatness of our Republ i c .
But we feel conf i dent that the Amer i c an peopl e, whose ven-
erati on f or republ i can i nsti tuti ons and l ove of l i berty are no -
tori ous, after a full knowl edge of the ori gi n of our present
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struggl e and the manner in whi ch it is bei ng c onduc t ed b y
the opposi ng parti es, will do our cause the full j usti ce of
their approval , beari ng in mi nd that the ri ght is always f ear-
fully handi capped, at the i ncept i on of a struggle for l i berty,
by the fact that despot i c authori ty is in possessi on of the c a p -
ital, and is l ooked upon by f orei gn nati ons as the de facto
government , and its opposer s as i nsurgents and rebel s.
A brief revi ew of the causes whi ch have l ed to the pr es -
ent civil struggl e in our count ry will show that our Const i -
tuti onal Government is no less the government de jure than
was that of the Conti nental Congress in the revol t against
the tyranny of Geor ge I I I in the last century, and is entitled
to no less sympat hy and approval .
I I .
CHI LE UNTIL 1890.
As is well known, the Republ i c of Chi l e is situated at the
southern extremi ty of the Sout h Ameri can conti nent.
Af ter achi evi ng her i ndependence f rom Spai n, Chi l e or -
gani zed a republ i can government , and in 1833 adopt ed the
Consti tuti on whi ch, up t o the present year, cont i nued to exist.
Under the guarantees of this Consti tuti on, she establ i shed
and mai ntai ned internal tranqui l i ty, and was pr oud to march
al ong the broad road of mo d e m progress.
The popul at i on, whi ch in 1833 di d not exceed 800, 000, is
t o- day more than 3, 000, 000. The publ i c revenues have i n-
creased f rom $1, 000, 000 to 856, 000, 000, owi ng to the i ncrease
of nati onal weal th, and not t hrough excessi ve taxati on. Ed u -
cati on, publ i c and pri vate, has been successf ul l y pr omot ed,
and is now popul ar with the masses. Rai l road and tel egraph
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lines run through the l and, extendi ng thei r benefits to the
t owns and cities of the Republ i c , and by ocean cabl es Chi l e
is in communi cat i on with the whol e worl d. He r peopl e find
remunerati ve empl oyment in c ommer c e, mi ni ng, agri cul ture,
and the useful arts, in all of whi ch f orei gners of all nati ons
parti ci pate, enj oj ' i ng the same ri ghts and pri vi l eges as do the
citizens of the count ry. Absol ut e tol erati on is ac c or ded
t o all rel i gi ous denomi nat i ons, and the observance of the
Consti tuti on and l aws, by the magistrates and peopl e,
was the guarantee of publ i c order, internal tranqui l i ty and
progress.
Under the Consti tuti on of 1833, popul ar government was
establ i shed. The executi ve power is vested in a Pr esi -
dent, who is el ected every five years. The legislative power
resi des in t wo houses, bot h el ected by the peopl e, and whose
members recei ved no remunerati on. The j udges of the
courts hol d thei r offices f or life or g o o d behavi or, and, in
the exerci se of thei r f uncti ons, are i ndependent of the other
departments of the Government .
The Presi dent appoi nt s the mi ni sters, wi thout the c onc ur -
rence of the Senate (as is necessary in the Uni t ed States)
or other body, and they can be member s of either Ho us e ,
and when not member s can assist at its sessi ons, taking part
in its di scussi ons, but not voti ng.
The f undamental di sposi t i ons that govern the rel ati ons
bet ween the Presi dent and Congress, are the f ol l owi ng:
1. The budget or appropri at i ons f or cari yi ng on the Go v -
ernment, and f or other publ i c uses, are vot ed annual l y b y
Congress, and no moni es can be taken f rom the Treasury
wi thout thi s annual l aw.
2. The taxes are fixed annual l y by Congress, and the
Presi dent is prohi bi t ed f rom orderi ng the col l ecti on or r e-
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cei vi ug any taxes or i mpost s, if not authori zed by Congress,
f or a peri od not exceedi ng ei ghteen mont hs.
3. The f orces of the army and navy are fixed by Congress
annual l y, and wi thout this law no army or navy can l egal l y
exist in Chile.
4. Tr o o ps cannot be quartered in the pl ace where Congress
is in sessi on, or within thirty miles of it, wi thout the speci al
permi ssi on of Congress, granted by law every year.
5. The Presi dent cannot be i mpeac hed duri ng the term of
hi s office, and no order of the Presi dent shoul d be obeyed
wi thout the si gnature of a Cabi net Mi ni ster who assumes the
responsi bi l i ty, and is i mpeachabl e by the Ho us e of Re pr e -
sentatives bef ore the Senate.
These f undamental pri nci pl es were observed in Chi l e,
wi thout i nterrupti on, f rom 1833 t o 1890, a space of fifty-
seven years. The power whi ch they conf er on Congress t o
parti ci pate in the admi ni strati on of the government , and the
i rresponsi bi l i ty of the Presi dent , on the one hand, and the
pri vi l ege they accord the ministry to j oi n in the debates of
Congress, and their responsi bi l i ty, on the other, brought
about the result that no mi ni stry can carry on the gover n-
ment, or exerci se their f uncti ons wi thout the acqui escence
or conf i dence of the legislative bo dy.
Thus, under the gui dance of the ablest and purest men
of the country, a compl et e system of parl i amentary g o v -
ernment grew up, and was uni versal l y recogni zed as the
law of the l and, and to its excel l ence was due the ex-
cepti onal tranquility and prosperi t y enj oyed by Chi l e,
under whi ch her f orei gn c ommer c e for 1889 i ncreased to
120, 000, 000, whi l e the most enl i ghtened and progressi ve
l aws were i ncorporat ed in her statute books : f or i nstance,
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a law gi vi ng the ri ght of suffrage t o every mal e citizen 21
years ol d, wi thout other speci f i cati on than hi s abi l i ty t o
read and write. A muni ci pal ref orm l aw, whi ch resembl ed
t hose in f orce in the Uni t ed States, had been passed b y the
Hous es , but was o ppo s e d by Mr. Bal maceda.
El even presi denti al peri ods have succeeded each other,
regul arl y, under the i Egi s of the Consti tuti on of 1833,
namel y, that of General Pri et o, two terms, f rom 1831 t o
1841 ; General Bul nes, t wo terms, f rom 1841 t o 1851 ; Do n
Manuel Mont t f rom 1851 to 1 8 6 1 ; Do n Joaqui n Perez f rom
1861 to 1 8 7 1 ; Do n Feder i c o Errazuri z f rom 1871 to 1876 ;
Do n Ani bal Pi nt o f rom 1876 to 1881 ; and Do n Do mi ng o
Santa Mari a f rom 1881 to 1886.
Al l these di sti ngui shed statesmen di scharged thei r e xe c u-
tive duti es in strict conf ormi t y with the Consti tuti on and
l aws of the Republ i c , renderi ng them willing homage, even
in peri ods of dangerous popul ar exci tement, whi ch di s -
t urbed the count ry some thirty or f orty years ago. The y all
reti red f rom power at the expi rat i on of their presi denti al
terms, handi ng over intact t o thei r successors the sacred
deposi t of the i nsti tuti ons and l aws conf i ded to their care.
I t was left to the present cl ai mant of the presi denti al
office t o break this l ong and honorabl e record.
Mr. Bal maceda was el ected Presi dent with the support of
the l i beral party in 1886. He had di sti ngui shed hi msel f as
a member of the Ho us e of Representati ves, and as Mi ni st er
of State. He had, on all occasi ons, procl ai med the doctri ne
whi ch had never in Chi l e been cal l ed in questi on, that Cab-
inets coul d not exist wi thout the acqui escence of Congress,
and that the acqui escence of Congress was essential to the
conti nuance in power of a Chi l i an cabi net, j ust as a c o n-
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firmation by the Senate is necessary to enabl e Cabi net
officers to perf orm thei r f uncti ons in the Uni t ed States.
Duri ng the first years of hi s admi ni strati on, Mr. Bal mac eda
was di screet, conci l i ati ng, and attentive to the voi ce of p ub -
lic opi ni on, and succeeded in reuni ti ng the l i beral party,
whi ch, in the heat of the campai gn, resul ti ng in hi s el ec-
ti on, had be c o me di vi ded. Thus , accept ed by the entire
liberal party, thereafter hi s admi ni strati on was uno ppo s e d.
I n hi s messages to Congress in 1887 and 1888, whi ch he
read on its openi ng, he felicitated its members upon the sat-
i sf actory results of our parl i amentary system of government ,
and upon the progress the count ry was maki ng under it.
I I I .
COMMENCEMENT OF TROUBLES.
Up to this ti me, the pol i ti cal course of Bal maceda was
consi stent and patri oti c. But , i ntoxi cated by the exerci se
of power , he was l oath to surrender it. As he coul d not
hol d office f or a second term, he determi ned to enj oy all its
substanti al fruits, by f orci ng i nto the Presi denti al office a
creature of hi s own sel ecti on, who woul d be merel y a locum
tencns, whi l e lie woul d be the real Presi dent of the Republ i c ,
and be abl e to elect hi msel f f or the succeedi ng term.
Wi t h far-casti ng di pl omac y and i ntri gue, he put in oper a-
ti on all the influence of hi s office and admi ni strati ve ma -
chi nery to effect hi s pur pose.
The i nti mate personal fri end desi gned as hi s successor
had none of the qualifications necessary f or the Presi dency,
and hi s el evati on was bi tterl y combat t ed by publ i c opi ni on,
and all the "provinces ; and bot h houses of Congress ec hoed
the will of the peopl e.
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Notwi thstandi ng the deni al of the Presi dent of any unc o n-
stitutional desi gns, the Cabi net, at whose head was Mr. De -
metri o Last-aria ( who recentl y peri shed in the wi nter snows
of the Andes escapi ng f rom the persecuti ons of Mr. Bal ma-
ceda) , prof oundl y di strusted hi m and resi gned. Congress
was equal l y suspi ci ous, and di strusted hi s prof essi ons of
g o o d faith. As a guarantee of it, he was i nduced, after
vari ous conf erences with the l eadi ng men of the Republ i c ,
to appoi nt a Cabi net in accord with publ i c senti ment, and in
opposi t i on to presi denti al i nterventi on in the choi ce of a
new Presi dent.
Thi s Cabi net was consti tuted on the 23d of Oc t ober 1889,
and Congress mani f ested its sati sfacti on by passi ng the a p-
propri at i on and army bi l l s f or the year 1890, as well as va-
ri ous laws f or the general good.
But the peopl e were not decei ved by the Presi dent ' s pr o -
f essi ons, and entertai ned a prof ound distrust of hi s si ncer-
i ty. These suspi ci ons were speedi l y conf i rmed by Mr. Bal -
maceda' s own f ri ends, who opei i ty decl ared that as soon as
Congress had passed the appropri at i on bill the present
Cabi net woul d be of no further use.
The mi ni stry cal l ed the attention of the Presi dent t o the
general distrust, and besought hi m t o assembl e Congress in
extraordi nary sessi on, in order to put an end to popul ar fears.
Mr. Bal maceda accept ed this advi ce with apparent pl easure,
and authori zed the mi ni sters to decl are in bot h Ho us e s the
Presi dent' s sol emn promi se to call Congress t o an extraor-
di nary sessi on in the mout h of Apri l , 1890, when its me m-
bers woul d have returned to the capi tal f rom thei r summer
vacati on ; and further, that duri ng that sessi on a new el ec-
toral l aw, made necessary by a change in the Consti tuti on the
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year bef ore, affecting the el ectoral basi s, establ i shed by t he
provi si ons of the ol d l aw, woul d be di scussed ; al so, that
muni ci pal ref orm l aw, so l oudl y demanded by the publ i c ,
woul d be present ed f or consi derat i on.
The head of the mi ni stry, Mr . Sanchez Font eci l l a, an-
nounc ed to bot h Ho us e s of Congress the sol emn promi se of
the Presi dent .
The appropri at i on bill and the array and na.vy bi l l havi ng
been passed and appr oved in the last days of Dec ember , p o p -
ular fears were real i zed. I n January, 1890, the Presi dent de -
manded the resi gnati on of the Cabi net. He cl osed Congress
and appoi nt ed new mi ni sters, chosen f rom hi s personal fri ends
(in Chi l e, as has been al ready expl ai ned, conf i rmati on by the
Senate not bei ng necessary) , and set to work with sel f - l auda-
t ory decl arati ons, and all the resources of promi ses, threats,
and the di stri buti on of publ i c empl oyment s, to allure the
members of Congress and win over a maj ori t y of them t o
hi s interest.
The attempts at corrupt i on and i nti mi dati on were, ho w-
ever, in vai n, and he failed to win a si ngl e parti zan. On the
contrary, hi s illegal proceedi ngs al i enated many of hi s fri ends
who, up to that ti me, had suppor t ed hi m.
I V.
BALMACEDA VI OLATES HIS SOLEMN PROMI SES AND INAUGURATES
REVOLUTI ONARY MEASURES.
The mont h of Apri l , 1890, arrives, and passes, and Mr . Bal -
maceda, in vi ol ati on of hi s sol emn promi se, fails to c onvoke
Congress in extraordi nary sessi on.
The Consti tuti on of Chi l e provi des that Congress, in regu-
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lar sessi on, shall meet on the first of June annual l y, f or three
mont hs. I t also provi des that duri ng the recess of Congress
the conservati ve f uncti ons of that body, namel y, the duty of
preservi ng and def endi ng the rights and pri vi l eges of the na-
ti on, and the pr oper observance of the l aws, shall be del e-
gated t o a commi ssi on termed the " Conservati ve Commi t t ee, "
c o mpo s e d of seven members of the Senate, and an equal
number f rom the Ho us e of Represent at i ves, el ected by the
respecti ve Hous es f rom thei r own members.
Thi s Commi t t ee, by the authori ty vested in it by the Co n-
sti tuti on, requi red the Presi dent to order the convocat i on of
Congress in extraordi nary sessi on. Notwi thstandi ng hi s sol -
emn promi se and the i mportant measures t o be di sposed of
at the autumn sessi on, the Presi dent ref used.
Fr o m this ti me f orward Mr. Bal maceda marched bol dl y on
in his unconsti tuti onal and revol uti onary career. On the 30th
of May, he named as chief of the Cabi net the person whose
candi dacy f or the Presi denti al chai r was one of the causes
of the pol i ti cal difficulties.
On the first of June Congress met in ordi nary sessi on, and
i mmedi atel y passed a vote of censure against the Mi ni sters
b y a large maj ori ty in bot h houses. But contrary t o un-
br oken precedent s f or fifty-seven years, they ref used to sur-
render office.
On the first of Jul y, the law authori zi ng the col l ecti on of
taxes expi red by consti tuti onal l i mi tati on, and, fifteen days
bef ore, the Ho us e of Representati ves had decl ared it woul d
not re- enact said l aw, unless a Mi ni stry was appoi nt ed in
whi ch bot h Presi dent and Congress had conf i dence, and
whi ch woul d be a guarantee of the consti tuti onal regi men.
The censured mi ni sters cont i nued in office, and Co n-
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gress ref used to di scuss the revenue measures, and duri ng the
entire mont h of Jul y no taxes or duti es were col l ected in
Chi l e. The publ i c expendi t ures were made with surpl us
funds accumul ated in the last years.
Stri kes and riots were the order of the day in Val parai so
and I qui que, our t wo most i mportant port s, f oment ed by
agents of the Execut i ve f or the pur pos e of i nti mi dati ng
Congress. These ri ots caused seri ous l oss of propert y, and
a still more l amentabl e l oss of life to po o r peopl e.
At last the authori ti es bec ame f ri ghtened, and were c o m-
pel l ed to i nterfere, not dari ng to brave the publ i c i ndi gna-
ti on, whi ch coul d not be decei ved as to the compl i ci t y of the
executi ve authori ty in these di sorders.
V.
PiiATs' Mi Ni s Ti i Y. OBLI GED TO RESI GN.
Congress conti nui ng firm at its post of duty, the Presi dent
was f orced to submi t, and on the 7th of August named an-
other mi ni stry, presi ded over by Mr. Prats, who left hi s
post of Chi ef - Justi ce of the Supr eme Court to accept thi s
posi ti on. Hi s associ ates were also gentl emen of the hi ghest
character. Thus consti tuted, thi s Mi ni stry enj oyed the fullest
conf i dence of Congress and of the nati on.
Thi s mi ni stry began its f uncti ons by decl ari ng to bot h
Ho us e s of Congress that the Execut i ve consi dered hi m-
self honor ed by the homage whi ch he now renders t o the
Nati onal Congress ; that it was a pl easi ng satisfaction t o
recogni ze that wi thout the concurrence of Congress it was
i mpossi bl e t o govern in har mony with the Consti tuti on, and
in accordance with the uni nterrupted practi ce of the count ry
duri ng its entire peri od of i ndependent nati onal exi stence ;
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.and that he congratul ated hi msel f that the unpl easant c o n-
flict had termi nated satisfactorily.
Har mo ny and tranqui l i ty were re- establ i shed, and Co n -
gress passed the law authori zi ng the col l ecti on of taxes b y
the Execut i ve.
As the ordi nary sitting of Congress woul d cease the first
of Sept ember, the mi ni stry, in the Presi dent' s name, promi sed
that the Congress woul d be convened in extra sessi on f or
Oct ober, f or the purpose of legislating on the proj ect of
muni ci pal ref orm and other laws. I n t hose sessi ons the
appropri at i on bill and the army and navy bill woul d also
be di scussed.
Ac c or di ng to the Consti tuti on, the Presi dent convenes
Congress in extra sessi on when necessary f or the publ i c ser-
vi ce, and by constant and i mmemori al usage the convocat i on
is made each year, general l y in the mont hs of Oc t ober or
November .
The appropri at i on bill and the army and navy bill have
al ways been di scussed and vot ed on in the last mont hs of
this extra sessi on.
I n conf ormi ty with thi s custom, whi ch has be c o me a l aw
of the l and, the rules of bot h houses in 1887, and wi thout a
di ssenti ng voi ce, fixed the last days of De c e mbe r as the ti me
f or passi ng these l aws.
I n accordance with the formal promi se of the Prats Mi n-
istry, Congress was c onvoked to meet on the first of Oc t ober .
A few days after, the Mi ni stry pr opos ed to the Presi dent the
di smi ssal of a pol i ti cal f uncti onary, whose conduct di d not
i nspi re conf i dence, and thwarted the c ompr omi s e of the Mi n-
istry with the peopl e, in regard to free el ecti ons. The Pr esi -
dent refused to remove hi m.
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The Mi ni stry resi gned in a bo dy, and the Presi dent ac -
cepti ng thei r resi gnati on named another Mi ni stry, chosen
f rom the narrow ci rcl e of hi s personal f ri ends, and ordered
the cl osure of the extra sessi on of Congress bef ore the di s-
cussi on of any l aws. Thi s t ook pl ace on the 15th of last
Oct ober.
The " Conservati ve Commi t t ee, " vested with its consti tu-
ti onal powers, met, and after mature del i berati on requi red
the Presi dent to again c onvoke Congress f or the passage of
the appropri at i ons, whi ch annual l y expi re on the 31st of
Dec ember , and f or the di scussi on of the bi l l f or muni ci pal
ref orm and of the army bill.
Al t hough the Presi dent had gi ven hi s sol emn promi se t o
do this, he now posi ti vel y ref used to c ompl y with the request
of the " Conservati ve Commi t t ee. " The Commi t t ee rei ter-
ated its mandate, and the Presi dent persi sted in hi s refusal.
In the meanti me, in an orderl y pol i ti cal cl ub, a young ci ti -
zen was ki l l ed by the pol i ce, whi ch is under the i mmedi ate
order of the Presi dent , and Mr. Bal maceda, i nstead of c o n-
demni ng the cri me, i ssued a decree or ordi nance, regul ati ng
the hol di ng of publ i c meeti ngs, whi ch virtually amount ed to
their suppressi on. In the fulfilment of its consti tuti onal
dut y to the nati on, the Conservati ve Commi t t ee demanded the
puni shment of the cri me and abrogati on of this ordi nance,
as a flagrant vi ol ati on of the rights of the peopl e, guaranteed
by the express provi si ons of the Consti tuti on, whi ch has
al ways been hel d sacred under every republ i can gover n-
ment.
The Presi dent posi ti vel y ref used compl i ance with the r e-
quest of the Conservati ve Commi ttee ; and publ i c meeti ngs
find all expressi on of the popul ar f eel i ng were suppressed.
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VI .
DI CTATORSHI P OF BALMACEDA.
Meanwhi l e the first of January, 1891, arrived. The appr o -
pri ati ons f or the publ i c expenses and the army and navy
bill had expi red the day bef ore by the consti tuti onal l i mi ta-
ti on. As Mr. Bal maceda, notwi thstandi ng the rei terated
requests of the Conservati ve Commi ttee, his sol emn promi se,
and the never- bef ore i nterrupted custom, had not c o nv o ke d
Congress to an extra sessi on to re- enact these laws for the
year 1891, he coul d not consti tuti onal l y di sburse publ i c
moneys nor mai ntai n any military or naval f orce for l ack
of these l aws.
The Presi dent, Mr. Bal maceda, i nstead of convoki ng Co n-
gress, as was his duty, i ssued a procl amat i on in whi ch he de -
cl ared his i nabi l i ty to carry on the Government in accordance
with the Consti tuti on, and theref ore by virtue of his own will
he woul d hereafter di spose of the publ i c f unds and support
army and navy wi thout ref erence to the Consti tuti on and
l aws.
He r e hi story repeats itself, and what cost Charles the Fi rst
hi s head, after two centuri es and a half is re- enacted in Re -
publ i can Ameri ca.
Af ter the publ i c decl arati on of Mr. Bal maceda that he was
resol ved no l onger to attempt carryi ng on the Gover nment
under the Consti tuti on and l aws, is it any wonder that the
nati on was prof oundl y al armed for its l i berti es ? I n the
steadfast patri oti sm and firmness of Congress was its onl y
hope. Many peace- l ovi ng citizens, who up to this ti me had
taken no part in the cont roversy that f or mont hs had been '
goi ng on, now ranged themsel ves on the si de of Congress,
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whi ch represented the maj esty of the Consti tuti on, and thi s
party in a short time i ncl uded nearl y every man of pr omi -
nence in official life, in the l earned prof essi ons, in c ommer c e,
in the army, in the navy, and the great bul k of the peopl e.
Of course, as there will al ways be in such ti mes, there were
a few, whose names had figured in publ i c posi t i ons, who, c o n-
sulting their own personal interests, " bent the suppl e hi nges
of the knee, that thrift mi ght f ol l ow f awni ng, " j oi ned the party
of the Di ct at or, and are now conspi ri ng with hi m f or the over-
throw of the l i berti es of their count ry.
At this crisis, seei ng that the Presi dent was bent on an
arbitrary di ctatorshi p, Congress resol ved to exerci se the
powers conf erred upon it by the Consti tuti on. Thi s i nstru-
ment provi des that whenever the Presi dent is f ound unfit to
di scharge the duti es of hi s office by reason of infirmity, ab-
sence, or other (/rave cause, the Presi denti al office must be
decl ared vacant. Thi s it pr oc eeded to do and sol emnl y
ordai ned that Mr. Jose Manuel Bal mac eda had ceased to be
the Presi dent of Chile.
Fr o m this moment Mr . Bal mac eda l ost the attributes of
Presi dent of the Republ i c , and returned to the condi t i on of
a pri vate ci ti zen.
To parallel the situation in Chi l e at this moment , by an
exampl e f rom Ameri can pol i ti cal hi story, let us suppose that
the Senate of the Uni t ed States, in 1868, had f ound Pr esi -
dent Andr ew Johns on gui l ty of hi gh cri mes and mi sdemean-
ors, and removed hi m f rom office ; and suppose that, i nstead
of obeyi ng its mandate, he had di ssol ved the Congress at the
poi nt of the bayonet , and decl ared that he woul d col l ect the
taxes, di sburse the publ i c revenue, mai ntai n the army and
navy wi thout any appropri at i on havi ng been made f or that
17
pur pos e, accordi ng to his own will and pl easure. I n a word,
that adopt i ng the maxi m of Lo ui s X I V of " Vetat o'est moi "
I am the st at ehad pr oc eeded to rule this great count ry after
thi s f ashi on. Suc h an attempt at usurpati on in the Uni t ed
States is t oo i mpr obabl e f or the wi l dest f ancy, but unf ort u-
nately Chi l e is now actual l y goi ng t hrough this experi ence.
Of course Mr . Bal mac eda ref used to submi t to the decree
of Congress removi ng hi m f rom office, and, suppor t ed by a
port i on of the army, and by hi s creatures in the executi ve
offices, who m he had mi ndf ul l y appoi nt ed f or this emergency,
prepared to mai ntai n hi s Di ct at orshi p.
On its part Congress appeal ed to the peopl e and to the
publ i c f uncti onari es, to gi ve effect to its resol uti on of hi s r e-
moval f rom the Presi dency.
Her e we have the hi story of the causes and ori gi n of the
civil war in Chi l e.
The fleet, as wel l as the most di sti ngui shed officers of the
army, i mmedi at el y pl ac ed themsel ves at the di sposi t i on of
Congress. I n virtue of the resol uti on of that bo dy, a " j unt a "
of provi si onal government Avas f ormed, consi sti ng of the c o m-
mander of the fleet, the Vi ce- Presi dent of the Senate, and
the Presi dent of the Ho us e of Representati ves. Thi s junta
is firmly establ i shed at I qui que, and exerci ses its authori ty
over the provi nces of Tacna, Tarapaca, Antof agasta, and
At acama, that extends f rom the 17th degree of south l ati -
t ude t o the 29th.
I n these provi nces the Consti tuti on and laws are fully
mai ntai ned. The courts are open f or the admi ni strati on of
the l aws and f or di spensi ng j usti ce, and all the f uncti ons of
a regul arl y consti tuted republ i can government are strictly
18
perf ormed. Thi s is in striking contrast t o the course the
Di ct at or has t hought pr oper t o pursue.
I n order to maintain hi s usurpati on he has t rodden under
f oot the Consti tuti on and l aws of hi s count ry, and has de -
cl ared that he will rule the nati on wi thout regard to the
Consti tuti on or the l aws.
He has, wi thout the authori ty of l aw, caused the emi ssi on
of government paper money t o the amount of twel ve mi l l i ons
of dol l ars.
He has, contrary t o l aw, i ssued an i nferi or metal l i c coi nage.
He has filled the count ry with spi es.
He has vi ol ated the sacred ri ght of domi ci l e.
He has vi ol ated the sacredness of pri vate c or r es pond-
ence, guaranteed by the Consti tuti on.
He has refused to obey the decrees of the hi gh tri bunal
of j us t i c et he Supreme Court.
He has i mpri soned many j udges.
He has i mpeded by brute f orce the courts of j usti ce, and
f orbi dden them to exerci se their hi gh f uncti ons.
He has si l enced all the publ i c j ournal s that oppos ed or
cri ti ci sed hi s acts, someti mes conf i scati ng or orderi ng the
destructi on of all thei r pri nti ng material.
He has thrown i nto pri son hundreds of l aw- abi di ng ci ti -
zens, and kept them c onf ounded with cri mi nal s.
He has i mpri soned many of the members of Congress,
whose persons under the Consti tuti on are i nvi ol abl e.
He has di ssol ved Congress.
He has ordered the el ecti on of new Senators and Re p -
resentati ves, al though the terms of mor e than t wo- t hi rds of
the Senators of the Consti tuti onal Congress had three years
to run.
19
He has al tered and modi f i ed the el ecti on laws by hi s own
arbitrary will.
He has revoked, in the same arbi trary manner, the l aw
whi ch f orbi ds the publ i c empl oyes to be Senators or Repr e-
sentati ves, the maj ori ty of the new members bei ng sal ari ed
empl oyes.
He has embargoed the propert y of many of hi s opponent s .
He has taken horses, cattle, and other propert y of hi s
adversari es.
He has made use of the publ i c funds accordi ng to hi s
absol ute will, and in pal pabl e vi ol ati on of the l aws.
He has i ncreased more than three ti mes the pay of the
officers and sol di ers of hi s army.
He has enrol l ed b y f orce an i mmense number of ci ti zens
against thei r will, and against the l aws.
He has cruel l y martyri zed, b y Hoggi ng and other i gno -
mi ni ous tortures, hundreds of respectabl e citizens, ri ch and
poor , wi thout respect t o age or condi t i on.
He has caused to be shot to death many ci ti zens wi thout
a l egal trial and sentence, in some i nstances sendi ng hi s
orders f or their executi on by tel egraph. By a mere tel e-
graphi c order he caused the executi on, in col d bl ood, of
ei ghty, i n the provi nce of Antof agasta, the 9th of Mar c h,
f or ref usi ng t o serve in hi s army against the Consti tuti onal
Government .
I n a word, Mr . Bal maceda uses hi s power as an odi ous and
cruel tyrant, and no one is safe, in person, or pr oper t y.
He does not even permi t hi s enemi es to l eave the count ry.
I n Santi ago mor e than three persons are not al l owed to wal k
together i n the streets. Af ter 6 o' cl ock in the eveni ng no
hor se or carri age is permi tted t o be used, and bef ore 12
20
o' cl ock every one must be in door s. Al l this under heavy
fines and penal ti es.
VI I .
PROGRESS OP THE CONSTITUTIONAL GOVERNMENT.
The f orces of the Consti tuti onal government oc c upi ed
I qui que the 16th of February. On the 7th of Mar c h the
army of Mr. Bal maceda was compl et el y rout ed i n the battl e
of Po z o Al mont e, and the whol e of the provi nce of Tarapaca
si nce then has remai ned in the hands of the Consti tuti onal
government , whi ch has establ i shed its seat at I qui que.
I n the latter part of March, the Consti tuti onal army t ook
possessi on of the provi nce of Antof agasta, the army of the
Di ctator, 2, 300 strong, taki ng ref uge in the nei ghbori ng
Re publ i c of Bol i vi a.
Abo ut the mi ddl e of Apri l , the Consti tuti onal f orces o c c u-
pi ed the provi nce of Tacna, and again the army of Mr . Bal -
maceda in this provi nce escaped t o the nort h, finding ref uge
in the Republ i c of Peru.
Duri ng the last days of Apr i l and in May, the Consti tu-
tional army laid hol d of the pr ovi nc e of At acama, the f orces
of the Di ct at or, as usual , seeki ng the prot ect i on of a neutral
power , this ti me in the Argenti na.
The navy t ook possessi on of the Lo b o s i sl ands in the
mont h of June. Fr o m these i sl ands l arge quanti ti es of
guano are export ed. Thi s has pr oved a great l oss t o Mr.
Bal mac eda, as he r eaped ri ch harvests f rom this val uabl e
fertilizer.
The Consti tuti onal f orces oc c upi ed Val l enar and all the
val l ey of Huas c o in the mont h of July*. The f orces ai
21
Bal mac eda havi ng been di sl odged, escaped to the pr ovi nc e
of Co qui mbo .
The l ack of arms and ammuni ti on, owi ng to the i mpr o -
vi si on of the civil war, di d not permi t farther extensi on of
military operat i ons duri ng the last f ew mont hs.
At last the Consti tuti onal army is wel l - armed and equi pped,
and they will soon conti nue in their accust omed paths of
vi ct ory.
The Consti tuti onal Government now oc c upi es f our pr o v -
i n c e s Tacna, Tarapaca, Antof agasta, and At acama. The
Consti tuti on and laws are observed in them ; propert y and
all the ri ghts of ci ti zens are respected.
I n regard to the finances of the Consti tuti onal Go v e r n-
ment, it may be pr oper t o state that the provi nces under its
authori ty furnish mor e than two-thi rds of the taxes of the
Republ i c , and that it scrupul ousl y respects pri vate propert y.
The contri buti ons whi ch these ri ch terri tori es produce are
regul arl y and peaceabl y col l ected, and suffice f or all the out -
l ays requi red b y a wel l - regul ated government . No arbi trary
l evy of taxes has been exacted f or any pur pose.
VI I I .
ATTEMPTED MEDI ATI ON.
On vari ous occasi ons the representati ves of f orei gn go v-
ernments at Santi ago, commi sserati ng the sad condi t i on of a
count ry that they had so recentl y seen pr osper ous and happy,
made proffer of their servi ces, as medi ators, between the c o n-
tendi ng parti es t o this unhappy conflict. These overtures
were al ways cordi al l y recei ved by the Consti tuti onal Gover n-
ment .
22
I n the latter part of Apri l the Mi ni sters of the Uni t ed
States, of France, and Brazi l , in the name of thei r respecti ve
governments, t endered thei r g o o d offices f or the re- establ i sh-
ment of peace. Mr. Bal mac eda officially accept ed these
offers, and, at the i nstance of the f orei gn Mi ni sters, gave a
safe conduct to the representati ves appoi nt ed by the Const i -
tutional Government at I qui que, who were then in safe c o n-
ceal ment in Santi ago.
The members to the pr o po s e d conf erence, on the part of
the Consti tuti onal Gover nment , l ai d bef ore the medi ati ng
f orei gn representati ves the basi s of an agreement, si gned by
them, whi ch, in thei r j udgment , woul d c onduc e to the rest o-
ration of peace. Thi s evi nced so l of ty a patri oti sm as to
recei ve the warm and hearty approval of the honor abl e
representati ves of the medi ati ng government s.
Thei r g o o d offices were, however, unproduct i ve of any
f avorabl e result, as Mr. Bal maceda, f rami ng pretexts, de-
cl i ned to f ormul ate any c ompr omi se, or to express any opi ni on
as t o a practi cal basi s f or the settlement of the questi ons at
i ssue. The consequence was that the representati ves of the
medi ati ng government s utterly fai l ed i n thei r benef i cent i n-
tenti ons, and the conf erence, whi ch the Gover nment at
I qui que had accept ed, in def erence to the Uni ted States, and
the other medi ati ng power s , was di ssol ved.
I t will be wel l to remember that the Government at I qui que,
on the 20th of Apri l , accept ed the prof f ered g o o d offices of
the di pl omat i c mi ni sters at Santi ago, of Engl and and Ger-
many, and that three days afterwards Mr . Bal mac eda pl anned
and ordered the unexpect ed and barbarous attack, by means
of t or pedoes, on the i ron- cl ad Blanco Encalacla, one of the
Avar vessel s of the Chilian navy, whi ch, in a f orei gn war, had
23
achi eved the most signal vi ctori es, and was f ondl y cheri shed
by the nati on. .
The Di ct at or concei ved it not i ncompat abl e with the pe nd-
i ng peac e negoti ati ons t o make thi s unl ooked- f or attack,
whi ch caused the death of more than 150 Chilian sai l ors.
He had also endeavored by an act of t reachery to i mpri son
the representati ves of the Consti tuti onal Government , vi ol at -
i ng the safe conduct gi ven them at the request of the di pl o-
mati c medi ators, whi ch secured i mmuni t y f or thei r l i ves and
persons, and but f or the nobl e and energeti c attitude of the
honorabl e f orei gn mi ni sters there is little doubt but that
Mr . Bal maceda woul d have di sregarded the safe c onduc t
whi ch lie had sol emnl y granted.
I X .
CONCLUSION.
Suc h is the except i onal condi t i on of Chi l e. The Const i -
tuti onal Government exerci ses authori ty f rom the 17th t o
the 29th degree, and in all this terri tory the ri ghts and guar -
antees f or persons and propert y, under the Consti tuti on and
l aws, are as scrupul ousl y respected as in the best governed
countri es of the gl obe.
I n the terri tory over whi ch Mr. Bal mac eda exerci ses au-
thori ty, there is nei ther Consti tuti on or laws to restrain hi s
tyranni cal acts. The onl y law he i nvokes is hi s own unr e-
strai ned will, whi ch does not respect even those f undamental
pri nci pl es recogni zed as the f oundati on of all law.
Chi l e has seen f or the first time respectabl e ci ti zens, f or
no other offence than oppos i ng the pol i cy of the Di ct at or,
ti ed t o the whi ppi ng- post , i nhumanl y f l ogged and otherwi se
24
cruel l y tortured. The nati on will not soon f orget such out -
rages, and posteri ty will execrate hi s memor y.
Ac c o mpanyi ng this we present vari ous document s ref err-
i ng to the resol uti ons of the Chilian Congress, whi ch i nc o n-
testabl y establish the fact that the Consti tuti onal Go ve r n-
ment at I qui qne represents the onl y l egi ti mate soverei gn
authori ty in our l and.
We append, al so, the decrees of Mr. Bal mac eda, setting-
aside the Consti tuti on, di ssol vi ng Congress, and suspendi ng
the sessi ons of the courts of j usti ce.
Fi nal l y, we deem it appropri at e to add a c o py of the d e -
cree promul gat ed by the government of the Re publ i c of
Bol i vi a, recogni zi ng the bel l i gerency of our Consti tuti onal
Government . The geographi cal posi t i on of that republ i c,
so near the scenes of our civil contest, enabl es her t o appr e -
ci ate, better than more distant government s, the true c ondi -
ti on of affairs in Chi l e ; henc e her decree of the 23d of May
last. As will be seen, she expl ai ns with enti re i mparti al i ty
the reasons f or her acti on.
The government of the Argenti na, whi ch bounds Chi l e on
the east, has decl ared, t hrough the message of the Presi dent
of that Republ i c t o the Nati onal Congress, that it will observe
the strictest neutral i ty. The Re publ i c of Per u observes strict
neutrality accordi ng to i nternati onal l aw.
I n concl usi on, we wi sh t o c onvi nc e the peopl e of the Uni t ed
States that the peopl e of Chi l e have not risen in rebel l i on
against a lawful government , and that in oppos i ng Mr . Bal -
maceda, they are in no sense rebel s or i nsurgents, but that
they have taken arms in def ense of thei r Consti tuti on and
l aws, t o secure thei r menac ed l i berti es, that they may l eave
them as a perpetual heri tage t o thei r chi l dren.
We seek in f orei gn countri es, especi al l y in the Uni t ed
25
States, t o arouse the sympat hy of. a free peopl e in f avor of
a nati on struggl i ng to retain their free republ i can institutions,
whi ch were secured at the cost of so much preci ous bl ood
by their ancestors. We wi sh to make known t o its f ortunate
ci ti zens the causes that have l ed to the present unhappy c o n-
di ti on of our country, feeling assured that when the f acts are
known the sympat hy and go o d wi shes of no Ameri can
citizen will be deni ed to a brave peopl e, struggl i ng f or the
preservati on of thei r l i berti es, and the mai ntenance of thei r
republ i can f orm of government .
The peopl e of Chi l e have al ways c ompr ehended, to the
fullest extent, the sacredness of the hi gh duti es to be fulfilled.
I n the most sol emn epochs of her hi story, when her exi st-
ence as an i ndependent nati on, and her honor were at stake,
she di spl ayed sufficient val or and energy to mai ntai n the
bri ghtness of the star that adorns her banner.
The present struggl e in f avor of her institutions and l i b-
erty affects the most vital interests of the Republ i c , and we
are certain that f or their preservati on she will not omi t, as
she never has omi tted, the sacrifice of her best bl o o d and
her treasures.
Di vi ne Pr ovi denc e does not desert the def enders of
j usti ce and l i berty. Thos e who have been once free, will
never tread the road that l eads to sl avery. The Chi l i ans,
who have l earned t o appreci ate l i berty because t hey owe it
t o thei r own efforts, are sure of vi ctory in their strife against
the shamef ul oppressi on that so cruel l y afflicts thei r l oved
count ry.
P E D R O MONTT,
Confidential Agent of the Constitutional Government.
WASHI NGTON, D. C , August 8th, 1 8 9 1 .
ANNEXED DOCUMENTS.
I .
Act of both Houses of the National Congress declar-
ing the inability of Mr. Balmaceda.
We , representati ves of the peopl e of Chi l e in Nati onal
Congress assembl ed, taki ng i nto c onsi der at i on
1. That the many cri mes commi t t ed by the executi ve au-
thori ti es against the el ectoral power of the Republ i c , t o falsify
the expressi on of the soverei gn will of the peopl e at the el ec-
ti ons, have been assisted and prot ect ed b y the Presi dent of
the Republ i c and hi s Mi ni sters, refusi ng to hear the r epr e-
sentati ons of the Conservati ve Commi ttee, and thus assumi ng
to himself the responsi bi l i ty of the gui l ty f uncti onari es ac -
cordi ng to the mandate of number 2 of the 49th article of
the Consti tuti on of the State.
2. That the pol i ce f orce, conf i ded to the Presi dent of the
Republ i c f or the preservati on of publ i c order and the def ense
of the rights of the citizens, has been empl oyed in organi zi ng
and di recti ng mobs of the c o mmo n rabbl e, pai d f or pr o mo t -
i ng the most shamef ul and cri mi nal transgressi ons against the
publ i c safety, and to trampl e under f oot the f undamental
rights of citizens, so that the use of said f orce was a constant
menace f or them, destroyi ng the pri mordi al end of the est ab-
l i shment of publ i c authorities ; that the Presi dent of the Re -
publ i c and hi s Mi ni sters have been deaf to the cl amor of
publ i c i ndi gnati on and the constant remonstrances of Co n-
gress and of the Conservati ve Commi ttee f or those acts,
whi ch the authori ti es have left unpuni shed, in this manner
assumi ng the responsi bi l i ty.
3. That the sol e reparati on offered f or the last and s or r ow-
ful attacks on the ri ght of publ i c assembl y, has been the pr o -
mul gati on of the ordi nance of the 20th De c . tilt., whi ch is a
new and dari ng vi ol ati on of the ri ght to hol d meeti ngs and
of peti ti on, whi ch are guaranteed by paragraph 6 of the 10th
article, and by the 6th of 27th article of the Consti tuti on,
thus i ncurri ng the Presi dent of the Republ i c and hi s ac c o m-
27
pl i ces iu a flagrant usurpati on of an excl usi ve ri ght of Co n-
gress, whi ch is the onl y power that can di ctate these e xc e p-
ti onal l aws of transi tory durati on, not to exceed the term of
one year.
4. That the Presi dent of the Republ i c has constantl y vi o-
lated publ i c faith, as were officially and sol emnl y pr omi sed
by hi s Mi ni sters in Congress.
5. That the Presi dent has squandered the publ i c f unds, di s-
bursi ng them wi thout the sancti on of law ; he has created p ub -
l i c offices and pai d unwarranted commi ssi ons, usi ng the publ i c
money wi thout the sancti on or consent of Congress, thus
usurpi ng an excl usi ve power vested in the legislature estab-
l i shed in paragraph 10 of article 28 of the Consti tuti on.
6. That the same f uncti onary has i gnored and vi ol ated the
control l i ng attri buti ons of Congress and of the Conservati ve
Commi t t ee, scorni ng them iu the most absol ute miu in e r , with
open infraction of the 49th and other articles of the Const i -
tuti on, accordi ng to whi ch Congress is control l er and j udge
of the hi gh executi ve officials.
7. That due t o the non- recogni t i on of these ri ghts, the
Presi dent of the Republ i c recentl y attempted to change the
t i me- honor ed f orm of our Government by retai ni ng a cabi net
in who m Congress had shown their want of conf i dence, and
to whom the same Congress had deni ed the contri buti ons,
and he reached the poi nt of governi ng wi thout them, caus-
i ng to the treasury i mmense l osses and t o the nati on pert ur-
bati ons still more moment ous.
8. That by cl osi ng Congress, because it oppos ed with
patri oti c firmness the i nvasi on of the dearest rights of the
peopl e, he was false to hi s pl edged wor d of sancti oni ng
pendi ng l aws necessary for the guarantee of those rights.
9. That wi thout menti oni ng other vi ol ati ons of law and
personal guarantees, the Presi dent has recentl y carri ed hi s
system of mal - admi ni strati on, legal and soci al rui n, to the
extent of di sposi ng publ i c funds and to maintain at will,
l and and naval f orces, wi thout authori zati on from Congress,
thus openl y usurpi ng power whi ch bel ongs excl usi vel y to
the legislative branch of the nati on, to whi ch onl y has this
power been conf erred by and accordi ng to the 2d and 3d
paragraphs of 28th article of the Consti tuti on, whi ch establish
that only in virtue of'a laio it will be possible to fix annually
the uiaount of public expenditures, and to fix equally each-
year the number and organization of the military. and -naval
forces to be maintained in time of both peace and war.
28
10. That the acts ref erred to have caused much alarm in
soci ety, compl et e demoral i zati on in the admi ni strati on, and
such a seri ous perturbati on in economi cal affairs that the
honor of the nati on has been gravel y c ompr omi sed.
11. That these acts and the decl arati ons cont ai ned in the
Dlario Official, afford evi dent pr oof of the pl ot whi ch had
been f ramed and carri ed out by the Presi dent of the Re -
publ i c against the Consti tuti on ; that all these acts cl earl y
reveal an i ntenti on to undermi ne our pol i ti cal edifice, c o n-
structed by the val or and sacrifices of several generati ons, in
order to raise on the rui ns of the peopl e' s soverei gnty an
absol ute power, and to overturn and anarchi se a well const i -
tuted soci ety, a peopl e tranqui l and obedi ent , that onl y asks
f or peace and legal or der ; that all this consti tutes no ordi nary
cri me, but the greatest of cri mes that can be commi t t ed by
a ruler.
12. That as the perpetrati on of these deeds lias pl aced
the Presi dent in open revol uti on against consti tuti onal order,
he lias be c o me a traitor to hi s country, and thus is pl aced
beyond the pal e of the l aw whi ch he had sworn to obey and
maintain.
13. That if the magistrates openl y vi ol ate the maj esty of
the l aws that consti tute the necessary base of soci al order,
their orders are null and of no val ue, as it is expressl y est ab-
l i shed in Arti cl e 151 of the Consti tuti on, and in such a case
not onl y the ri ght but the duty exists, to resist, in def ense
of the publ i c order, a duty whi ch i nc umbs on all ci ti zens,
and very especi al l y on consti tuted powers.
14. That the 4th paragraph of the 27th Arti cl e, and the
65th Arti cl e of the Consti tuti on, establ i sh that it is the attri-
buti on of Congress to decl are, when, t hrough infirmity, a b -
sence, or other potent mot i ve, and when t hrough death,
renunci ati on, or other class of absol ute i mpossi bi l i ty, the
Presi dent of the Republ i c coul d not exerci se his charge.
15. That the cri mes ment i oned, and f or whi ch the actual
Presi dent of the Republ i c has made hi msel f cul pabl e, cannot
consti tute a more powerf ul mot i ve, nor an i mpedi ment more
absol ute f or maki ng hi m unfit and unwort hy to conti nue in
the exerci se of hi s office. *
I N VIRTUE OF THE PRECEDING CONSIDERATIONS, WE, MEMBERS
or THE SENATE AND OF THE HOUSE OF REPRESENTATI VES OF
CHI LE, INVOKING THE SUPREME JUDGE OF THE UNI VERSE IN TES-
TIMONY OF THE RECTITUDE OF OUR INTENTIONS, FOR THE OBJECT
2d
I I .
The Presidents of both Houses to the Captain Jorje
Montt.
VALPARAI SO, January (5, 1 8 9 1 .
El Presi dent of the Republ i c in a mani fest, whi ch he has
di rected to the nati on, has decl ared that not bei ng abl e to
govern in accord with the Nati onal Congress, as the Const i -
tuti on requi res and has been observed by all hi s pr edec es -
s or s he has resol ved to mai ntai n the naval and military
f orces wi thout authori ty of the l aw, and to make publ i c ex-
pendi t ures wi thout legislative appropri at i ons.
Consequent l y, for the first ti me in Chi l e, the Presi dent of
the Republ i c has decl ared hi msel f i ndependent of the Co n-
stitution. He has renounced the l egi ti mate authori ty with
whi ch he was i nvested, and has attempted t o assume a
personal arbi trary power whi ch has no authori ty but hi s
own will, nor other limits than hi s power to enf orce it.
I n so grave an emergency it is the dut y of the Nati onal
Congress to take under its care the def ense of the Consti tu-
ti on, and to adopt all the measures that the ci rcumstances
may make necessary for re-establishing her supreme ri ghts.
I n the di scharge of this patri oti c duty, the Nati onal Con-
gress counts on the assistance of the naval and military
OF RE- ESTABLISHING THE CONSTITUTIONAL rgime, SECURING I N-
TERNAL TRANQUILITY, ATTENDING TO THE COMMON DEFENSE, AND
ESTABLISHING FIRMLY THE BLESSINGS OF LIBERTY AND THE LAWS,
IN THE NAME AND BY THE AUTHORITY OF THE PEOPLE WE REPRE-
SENT, SOLEMNLY DECLARE :
1. That the Presi dent of the Republ i c , Do n Jos e Manuel
Bal maceda, is absol utel y i ncapaci tated f or conti nui ng in the
exerci se of hi s office, and consequentl y he is depri ved of it
f rom this day.
2. That the Secretari es and the Counci l l ors of State, who
have been accompl i ces in his attacks against the Consti tu-
ti on, are also i ncapaci tated to repl ace hi m in his office.
And. theref ore, we appoi nt Do n Jorj e Mont t to assist the
acti on of Congress in re- establ i shi ng the sway of the Co n-
stitution.
SANTI AGO, January 1, 1 8 9 1 .
30
f orces, because these owe thei r exi steuce to the laws of Co n-
gress, and it is not possi bl e that they woul d wish t o l ose their
legal exi stence in order to serve a di ctatori al regime establ i shed
f or onl y pri vate reasons of the Presi dent of the Republ i c .
Fi f ty- seven years of uni nterrupted Consti tuti onal organi -
zati on and a l ong list of sacrifices made, and of gl ori es at-
tai ned in the country' s servi ce, mark out, to the army and
navy of the Republ i c , their post of duty, whi ch is to resist,
as contrary to their honor , every attempt that may be
made against the c ode, that serves as a basi s f or our nati onal
institutions, and gi ves a starting poi nt to publ i c power.
The Nati onal Congress, in the fulfilment of the duty whi ch
the actual situation i mposes, has approved the resol uti ons
that are f ound in the above act.
The Nati onal Congress has also dul y conf erred on the under-
si gned full authori ty to communi cat e with naval authori ti es
and demand of them thei r co- operati on in the sphere of ac -
ti on conduci ve t o the most pr ompt re-establ i shment of the
Consti tuti onal Government .
I n virtue of this power, the undersi gned order that a naval
di vi si on be organi zed to admoni sh the Presi dent of the Re -
publ i c tliat the navy remai ns faithful to the Consti tuti on,
and that in obedi ence to its dictates it is absol utel y i ndi s-
pensabl e, that the annual l aw be passed that authori zes and
l egal i zes its exi stence.
I n virtue of their powers the undersi gned name and a p-
poi nt the Captai n, Do n Jorj e Mont t , Chi ef of the Naval
Di vi si on, remai ni ng themsel ves on boar d the fl ag-shi p t o
attend to the devel opment of the movement s in def ence of
the Consti tuti on of the Republ i c .
. ( Si gned) WA L D O S I L VA,
Vice-President of the Senate.
R A MO N B A R R O S LI TCO,
President of the House of Representatives.
To the Capt. of the Navy, Don Jorje Montt,
and to the Chiefs and' Officials of the Fleet.
I I I .
Acceptation of Capt. Montt as Commander of the
Fleet.
VALPARAI SO, 6th of January, 1 8 9 1 .
I n virtue of the consi derati ons presented in the pr ec ed-
31
i ng note and resol uti ons, I accept the appoi nt ment whi ch has
been made in my person t o organi ze a naval di vi si on whi ch
will remai n under my c ommand to fulfil all orders emanati ng
f rom the above- named del egates of the Nati onal Congress.
I order the present resol uti on and the note of the del e-
gates to be i ncorporat ed in the " order of the day, " that it
be known to the chi ef s, the officials, and the tri pul ati on of
the fleet.
Let this be archi ved.
( Si gned) J OBJ E MONT T .
I V.
Organization of the Constitutional Government.
I QUI QUE, April 12, 1891.
I n virtue of these antecedents, and consi deri ng :
1. That the l and and naval f orces, in obedi ence to Co n-
gress, have al ready oc c upi ed three provi nces of our t erri t ory;
2. That the necessi ty of establ i shi ng over them the e m-
pi re of the l aws, whi ch cannot be effective wi thout a pr oper
organi zati on, is ur ge nt ;
3. That these provi nces produce the greatest part of the
nati onal revenues, and that it is i ndi spensabl e to organi ze
correctl y their col l ecti on and di sbursement ;
4. That the task whi ch the country has resol utel y under-
taken will not have ended until the Consti tuti onal regime and
the vi ol ated popul ar rights have been s ec ur ed;
5. That the f oregoi ng ends can onl y be obtai ned by adj ust-
i ng the admi ni strati ve acts to our Consti tuti onal f orm of
government , whi ch establishes an executi ve power with re-
sponsi bl e secretari es.
I t is decreed :
1. The Provi si onal Government Junta f ormed by the under -
si gned is decl ared dul y organi zed.
2. Al l acts and decrees of this Junta must be si gned by
its Presi dent and the secretary of the respecti ve depart -
ment.
3. Let f our departments of the Junta be organi zed, to wi t :
(a) That of the Interi or and Publ i c Wo r ks .
(b) That of For ei gn Rel at i ons, Justi ce, Wo r s hi p, and P u b -
l i c Instructi on.
(c) That of the Treasury.
(d) That of Wa r and the Navy.
32
Eac h of these Depart ment s will be filled by a responsi bl e
secretary, and by officials who will be named at the pr oper
ti me.
( Si gned) . J OEJ E MONT T .
WA L D O S I LVA.
R A MON B A R R O S L UCO.
Secretary, E. V A L UE S V E R GA R A .
I QUI QUE, April 13, 1891.
We have resol ved and decree :
Mr. I s i dor e Errazuri z is named Secretary of the Junt a,
of Government in the Depart ment of For ei gn Rel at i ons,
Justi ce, Wo r s hi p, and Publ i c Instructi on.
Re c o r d and communi cat e.
MONT T ,
S I L VA,
B A R R O S L UCO.
I QUI QUE, April 13, 1891.
We have resol ved and decree :
Mr. Joaqui n Wal ker Mart i nez is named Secretary of the
Junt a of Government in the Depart ment of the Treasury.
Re c o r d and communi cat e.
MONTT,
S I L VA,
B A R R O S L UCO.
I QUI QUE, April 13, 1891.
We have resol ved and decree :
Mr. Col onel Adol f o Hol l ey is named Secretary of the
Junta of Government in the Depart ment of Wa r and Navy.
Re c o r d and communi cat e.
MONT T ,
S I LVA,
B A R R O S L UCO.
I QUI QUE, May S, 1891.
A V e have resol ved and decree :
Mr. Manuel Jose Irarrazaval is named Secretary of the
Junta of Government in the Depart ment of the Int eri or and
Publ i c Wo r ks .
Re c o r d and communi cat e.
MONTT,
S I L VA,
B A R R O S L UCO.
33
V.
Recognition of the Constitutional Government as
Belligerent by Bolivia.
ANI CET O ARCE,
Constitutional President of the flepuhlie of Bolivia.
Consi deri ng that in the civil war that exists in the nei ghbor -
i ng Republ i c of Chi l e, two governments are consti tuted and
organi zed, representi ng the high publ i c powei ' s, with domi ni on
and armed f orces on l aud and sea, col l ecti ng and di sbursi ng
the publ i c r evenues ; that the relations of the Government of
Bol i vi a with the " Junta " of the Government establ i shed in
I qui que, are necessary, i nasmuch as this occupi es, governs,
and admi ni sters the territories of Antof agasta and Ari ca, and
Bol i vi a hol ds free passage for i mportati on and exportati on in
the first port , and a parti ci pati on in the revenues of the s ec -
ond, accordi ng to the treaty of truce ;
That the civil war in Chile bei ng an i ncontestabl e fact, the
doct ri ne and practi ces of civilized nati ons have consecrated
the pri nci pl e of the l egi ti mate right that government s have
f or recogni zi ng the bel l i gerency of pol i ti cal parti es who ven-
tilate their di sputes with arms, bei ng obl i gatory besi des f or the
Bol i vi an government , t o maintain the fiscal and commerci al
interests of the nation wi thout this bei ng a moti ve f or al ter-
i ng the l oyal observance of neutrality ;
Havi ng consul ted the Counci l of Mi ni sters, I de c r e e :
The Government of Bol i vi a recogni zes as a bel l i gerent the
" excel enti ssi ma Junta of go ve r nme nt " whi ch acts in the
name, and in representati on of l egi s l at i ve Po we r of Chi l e,
in the civil war sustai ned with the Presi dent of the Republ i c
who acts in the name, and in representati on of the Execut i ve
Power .
The Senor Mi ni ster of Forei gn Rel at i ons is ordered to
answer f or the executi on and fulfilment of this decree.
Gi ven in the ci ty of La Paz, the 27th of the mont h of
May, 1891.
ANI CET O ARCE.
TELMO I GHAZO.
JENARO SANJINEK.
SEVERO FERNANDEZ ALONSO,
SERAPI O REYES ORTI Z.
34
V I .
Decree of Mr. Salmaceda Declaring Himself Dictator
and Setting Aside the Laws.
SANTI AGO, January 7, 1 8 9 1 .
I decree :
Fr o m this date I assume all publ i c power necessary f or
admi ni steri ng and governi ng the State and mai ntai ni ng order
in the i nteri or.
Theref ore, f rom this moment , every law that woul d f orbi d
the exerci se of the powers requi red f or preservi ng order and
tranquility in the i nteri or, and securi ty in the exteri or of the
State, is suspended.
Rec or d and publ i sh in the official j ournal .
B A L M A C E D A .
DOMI NGO GODOY.
I SMAEL PEREZ .
J . M . VALDES CARRERA.
JOS F. GANA.
G . MACKENNA.
35
VI I .
Decree of Mr. Balmaceda Dissolving Congress, Order
ing a Revision of the Constitution, and the Elec
tion of a New Congress, Modifying the Electoral
Law, and Suspending the Law of Incompatibility.
S A N T I A G O , February 1 1 , 1 8 9 1 .
Consi der i ng:
T hat the maj ori ty of Congress has vi ol ated the consti tu
tion and has revol ted against the Consti tuti onal G overnment
of the Republ i c , produci ng the di sastrous consequences of a
revol uti on, and the subversi on of publ i c order, attempti ng
against its own exi stence, and di ssol vi ng itself de facto ;
T hat it is the duty of the chief of the State to pr omot e effi
caci ousl y the re establ i shment of the Consti tuti onal regime,
not onl y by remedyi ng the mi sfortunes, results of the r evo
l uti on, but also by suppressi ng the original causes of the
conflict for the pur pose of securi ng for the future stability of
the institutions, peac e in the i nteri or and respect for the
nati ou in forei gn c ount r i es; and finally,
T hat it is i mpossi bl e to accompl i sh these ends, confi ni ng
one' s self to the power s that the consti tuti on and the l aws
have establ i shed for the exerci se of G overnment in normal
and ordi nary condi t i ons, and that it is for this reason i ndi s
pensabl e to make an appeal to the peopl e, sol e j udge and
soverei gn, for the el ecti on of a Consti tuti onal Congress that
coul d adj ust the exerci se of said powers, reform, as woul d be
j udged the most conveni ent for the attainment of this obj ect ,
and gi ve a definite sol uti on to the contenti ons whi ch mi ght
exist between the power s of the S t at e;
I de c r e e :
. 1. El ect i ons for S enators, Representati ves, and Mu
ni ci pal officers will be hel d in all the Provi nces and Depar t
ments of the Republ i c .
A R T . 2. T he S enate and the Ho us e of Representati ves will
consti tute a Congress for revi si ng the Consti tuti on of the
S tate, as far as may be necessary for guaranteei ng publ i c
order, securi ty of the i nteri or, and for establ i shi ng the attri
butes of the. State powers, in order to avoi d conflicts.
A R T . 3. T he el ecti ons will be hel d in obedi ence to the
36
el ectoral law of the 20th of A ugust , 1890, on the basi s of the
existing regi sters, and with the fol l owi ng modi fi cati ons :
(a) T he voti ng will take pl ace the last S unday of the
mont h of March next, and the sessi on of Congress will c o m
mence the 20th of A pri l fol l owi ng.
(0) T he system of voti ng will be that ordered in the 65th
article of the la.w of the 9th of January, 1884.
(a) Des ks for i nscri bi ng votes are suppressed.
(d) T he el ecti on boards will be installed, and authori zed
to execute all acts that by l aw correspond to t hem, with the
concurri ng members.
(e) T he Publ i c Compt rol l er will repl ace the Presi dent of
the S enate in the attributes conferred on hi m by the law.
(f) In default of the first <dcalde he will be suppl i ed by
the second ; the absence of this last, by the thi rd, and in the
same manner with others.
. 4. T he Presi dent of the Republ i c will be el ected in
the manner and in the condi t i ons establ i shed by the Const i
tution of the State.
. 5. T he effects of the l aw of the 12th of De c e mbe r ,
1888, concerni ng i ncompat i bi l i t y, will be hel d in suspense
until further orders, as also the 2d and 3rd articles of the
l aw of the 28th of A ugust , 1890, relative to uni ons of the
Provi nces and Depart ment s for the el ecti on of Repr es ent a
tives and S enators.
A R T . 6. T he executi on of this present decree and the r es o
l uti on of difficulties that may occur, will be under the di r ec
ti on of the S ecretary of the Interi or.
Re c o r d and publ i sh.
B A L MA C E DA .
CLA UDI O VI CUN A .
DO MI N G O G O DO Y.
I S MA EL PEREZ .
J. M. VA LDES CA RRERA .
JO S . G A N A .
G . MA CKEN N A .
37
VI I I .
Decree of the Constitutional Government declaring
null and void of effect the elections convoked by
the Dictator.
IQUIQUE, March 9, 1891.
Cons i der i ng:
1. That by the decree of the 11th of February of this year,
the Di ct at or Bahnaceda di ssol ved the Nati onal Congress,
and ordered a new el ecti on accordi ng to rul es di ctated by
himself, and that are contrary to the rules prescri bed in the
el ectoral l aw.
2. That the said decree orders the total renewal of the
Senate, vi ol ati ng the Consti tuti on that provi des for its r eno-
vation by half parts everj ' three years.
3. That the el ecti ons ordered by the Di ctator, to take pl ace
on the 29th of the present month, will be verified in anoma-
l ous condi t i ons, because the Republ i c is under the pressure
of martial l aw and the el ectoral f uncti ons in suspensi on.
4. That the Depart ment s of Pi sagua, Tarapaca, Tocopi l l a,
Antof agasta, Tal tal , and Chanaral , whi ch do not recogni ze
the authori ty of the Di ct at or, will not have a choi ce in el ect-
i ng representati ves to Congress.
5. That a maj ori ty of the Senators and Representati ves,
whose terms have not expi red, are now in pri son or in c on-
ceal ment on account of tin; persecuti ons of the Di ctator, and
f or these reasons are depri ved of the exerci se of their el ec-
toral ri ghts, and the duti es that the el ecti on laws require! of
the Presi dents of bot h Hous es .
(i. That a vast number of citizens with a ri ght to vote are
in the same condi t i on as the Member s of Congressi n pri -
son, or hi di ng f rom pol i ti cal persecuti on.
7. That a maj ori ty of the j udges of el ecti ons chosen to re-
cei ve and count the votes are hi dden, or in pri sons, or absent
f rom their respecti ve departments, as is categori cal l y r ec -
ogni zed by the Di ct at or in the said decree of the 11th of
Febr uar y last, f or whi ch reason he authori zes the el ecti on
boards t o act wi th one member onl y, if the other six are not
present.
8. That it is the duty of the del egates of the Nati onal
Congress to preserve and def end their ri ghts, and those of
citizen voters, whose el ectoral pri vi l eges are endangered.
Let it be decl ared :
38
That the el ecti ons that are to be hel d on the -29th of the
current mont h, in conf ormi t y with the Di ct at or' s decree, are
cont rary to the Consti tuti on of the State and to the el ecti on
l aws, and that in no case can t hey i mpai r the ri ghts of actual
Senators and Representati ves.
Le t it be recorded and publ i shed.
( Si gned) WA L D O S I LVA,
R A MO N B A R R O S L UCO,
Secretary, E N R I Q U E V A L D E S V E R G A R A .
39
I X .
Emission of Fraudulent Paper-Money.
I QUI QUE, %th of March, 1891.
The del egati on of the Nati onal Congress, havi ng l earned
that the Di ct at or Bal maceda has made an i ssue of pape r -
money t o the amount of twel ve mi l l i on of dol l ars, thus vi o -
lating the di sposi ti on of the Consti tuti on and the l aws whi ch
have been di ctated f or the i ssue of. paper- money b y the
State,
DECLARES,
Fo r the prot ect i on of the interests of the State and p e o -
pl e,
That the said emi ssi on of $12, 000, 000. 00 is not guar -
anteed b y the pr oc eeds of the nati onal revenue, nei ther can
it be recei ved in the publ i c treasuries.
Le t it be recorded and publ i shed.
( Si gned) WA L D O S I LVA,
RAMON B A R R O S LUCO.
40
X.
Decree of Mr. Balmaceda Suspending the Functions
of the Courts of Justice.
SANTI AGO, 27 February, 1891.
Consi deri ng :
That the admi ni strati on and the government of the State
is conf i ded to the Presi dent of the Republ i c , and that hi s
authori ty extends to all that has f or obj ect the preservati on
of publ i c order in the i nteri or and the exteri or securi ty of
the Republ i c , respecti ng and causi ng to be respected the
Consti tuti on and the l aws, as f ound in 73d Art. of the pol i t -
i cal Consti tuti on ;
That a port i on of the members of Congress has vi ol ated
the pol i ti cal Consti tuti on and the l aws of the State by re-
bel l i ng against the Presi dent of the Republ i c , and by obl i g-
i ng the chi ef of the nati on to assume all the publ i c power s
necessary f or re- establ i shi ng order and soci al tranqui l i ty ;
That the regul ar and ordi nary f uncti ons of the Supreme
Court and the Courts of Appeal , in the abnormal and extraor-
di nary si tuati on, created by the revol uti on and the anarchy
of those who have commenced and sustain it, will prevent
the task of paci f i cati on recl ai med by the hi ghest nati onal
interests, and will pr oduc e conflicts that will augment the
mi sf ortunes that afflict the Republ i c ;
I have resol ved, and I decree :
Unti l further orders the f uncti ons of the Supreme Court
and of the Courts of Appe al are suspended.
Record, make it known, and publ i sh. '
B A L MA C E DA .
IsMAEL PEKEZ.
BN
1102814563
I N DEX.
PAGE.
I. Introduction ..' . . y . .. 1
II. Chile until 1890. . . . . . . . . 2
m. Commencement of troubles 6
IV. Balmaceda violates his solemn promises and inaugurates revolu-
tionary measures .. . . . . 8
V. Prats' Ministry.Obliged to resign 10
VI. Dictatorship of Balmaceda 13
VII. Progress of the Constitutional Government . . . . 18
VIII. Attempted mediation \ 19
IX. Conclusion i 21
ANNEXED DOCUMENTS:
I. Act of both Houses of the National Congress declaring the ina-
bility of Mr. Balmaceda 24
II. The Presidents of both Houses to the Capt. Jorje Montt 27
III. Acceptation of Capt. Montt as Commander of the fleet 28
IV. Organization of the Constitutional Governments ; 29-
V. -Recognition of the Constitutional Government as belligerent by
Bolivia . . *. . 31
VI. Decree of Mr. Balmaceda declaring himself Dictator and setting
aside the laws. 33
VII. Decree of Mr. Balmaceda dissolving Congress, ordering a revision
of the Constitution and the election of a new Congress, modi-
fying the electoral law and suspending the law of incompati-
bility. \ 33
VIII. Decree of the Constitutional Government declaring null and void
the elections convoked by the Dictator 35
IX. Emission of fraudulent paper money 37
X. Decree of Mr. Balmaceda suspending the functions of the courts
of justice.. > 38