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Duke University Press The Hispanic American Historical Review
Duke University Press The Hispanic American Historical Review
Duke University Press The Hispanic American Historical Review
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The Hispanic American Historical Review
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NOTES AND COMMENT
THEODORE E. NICHOLS*
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138 THE HISPANIC AMERICAN HISTORICAL REVIEW
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NOTES AND COMMENT 139
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140 THE HISPANIC AMERICAN HISTORICAL REVIEW
nition, and with Great Britain still holding back. This reticence on
the part of Great Britain now seems strange, because from this period
on Chile was one of the most stable of the Latin-American republics,
with most of her presidents serving one or two full terms, and with no
major domestic disturbance occurring until 1891. Obviously Britain
could not know this in advance. Chile continued to wait and to hope.
The accession of the more liberal William IV in 1830 was seen as a
good sign. In July of the following year Miguel de la Barra, the Chi-
lean consul-general in London, informed his government that Great
Britain was ready to recognize Chile and sign a treaty of friendship
and commerce. This announcement was much celebrated in Chile,
but, according to Barros Arana, the government was in such bad finan-
cial straits at the time that it did not feel it could afford the expense of
sending a legation to London. Nothing was done.14
President Joaquin Prieto announced to his congress in 1832 that
Great Britain was about to enter into such a treaty with Chile, but the
treaty was not arranged.'5 Again, in 1834, Prieto proclaimed that Great
Britain had. given her consul-general in Chile power to negotiate a
"Treaty of Friendship, Commerce and Navigation" with the republic.
Again for some reason the treaty was not concluded.'6
Meanwhile important negotiations concerning the slave trade were
being carried on.' It is enough to say here that in 1839 Great Britain
and Chile signed a treaty which abolished the slave trade by Chileans
(although Chile had officially abolished it in 1811) and which provided
14 Ibid., XVI, 161. It is curious that Roberto Hernmndez Cornejo states, "El reco-
nocimiento de la independencia de Chile por la Gran Bretafna s6lo vino a obtenerse en
1831" (Valparaiso en 1827 [Valparaiso, 1922], p. 227). Perhaps Hernindez was misled
by the rumor mentioned above, or the date 1841 may have been misprinted. No repre-
sentatives of diplomatic rank were received before 1841. As for treaties, the present
writer has been unable to find any record of a treaty of amity and commerce before 1854,
with the exception of the unratified treaty of 1843, discussed below (pp. 141-142). Negative
evidence exists, on the other hand: "S61o en octubre de 1854 se celebr6 entre ambas
naciones . . . un verdadero tratado de amistad y comercio" (Barros Arana, op. cit., XVI,
161, footnote). The British and Foreign State Papers give no such treaty before 1854.
Javier Vial Solar, Los tratados de Chile (2 vols., Santiago de Chile, 1903-1904), gives none,
nor does A. BascufUn Mont6s, Recopilaci6n de tratados celebrados entre la Rep4iblica de
Chile y las potencias extranjeras (2 vols., Santiago de Chile, 1894), or Lewis Hertslet,
comp., A Complete Collection of the Treaties ... between Great Britain and Foreign Powers
(31 vols., London, 1840-1925). Probably one of the main reasons for nonrecognition was
the fact that Chile did not keep up payments on the British loan of 1822.
15 Prieto to Congress of Chile, June 1, 1832, in BFSP, XIX, 1219.
18 Same to same, June 5, 1834, in BFSP, XXII, 1136.
17 See James Ferguson King, "The Latin American Republics and the Suppression of
the Slave Trade," THE HISPANIC AMERICAN HISTORICAL REVIEW, XXIV (August, 1944),
387411; and the writer's British Economic Activities in Chile to 1854 (unpublished
M. A. thesis; Berkeley, California, 1946), pp. 3741.
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NOTES AND COMMENT 141
for reciprocal search of ships and for trials of violators by mixed courts.
An "Additional and Explanatory Convention" was signed in 1841, and
the treaty was ratified in 1842.
Perhaps connected with the slave trade treaty negotiations was the
very significant step taken by the British Government on May 24,
1841. The British representative in Chile, Lieutenant Colonel John
Walpole, who had served as consul-general at Santiago since 1833, was
given the additional rank of charg6 d'affaires.18 Thus a British repre-
sentative with diplomatic rank was now resident in Chile, and that
nation could consider herself recognized politically by Great Britain.'9
II
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142 THE HISPANIC AMERICAN HISTORICAL REVIEW
tion" was drawn up by Chile and Great Britain, and was signed and
presented to the Chilean Congress on September 9, 1844.21 The Congress
approved the treaty.22 Chile, however, was not yet to have her way.
On June 1, President Bulnes told Congress that Britain had found
"substantial objections" to the treaty, and would not ratify it. What
these objections were was not stated.23
On May 10, 1852, Great Britain and Chile signed a "Convention
for the reciprocal Abrogation of Differential Duties." This stated that
neither nation should impose duties of tonnage, harbor, or any other
type, on vessels of the other nation, if they were not imposed upon ships
of their own.24
It was not until October 4, 1854, that Britain and Chile agreed upon
a treaty of friendship, commerce, and navigation. The treaty filled
many pages with the language of diplomacy, and covered a broad scope.
Although it was little different from that of 1843, Britain agreed to it.
"Perpetual friendship" was to exist between the two nations. Citizens
of either country were to have the right to travel and trade freely in
"all places, ports, and rivers in the territories of the other," wherever
such was allowed any other nation, and could trade "in all kinds of
produce, manufactures, and merchandise of lawful commerce." The
provisions regarding payment of duties already referred to as being
agreed upon in the Convention of 1852 were included in this treaty.
A great deal of space was given over to the discussion of laws regarding
details of commercial procedure, e.g., loading and unloading of ships,
etc. Citizens of either nation residing in the territory of the other
were to be exempt from military service.
Very important were provisions for freedom of religion and right of
burial, for which Protestants in Chile had long been struggling. Other
clauses dealt with procedure in the event of war-embargoes, right of
nationals to liquidate their businesses, etc. The treaty was to hold for
a minimum of ten years. It might continue after that time, or could
be terminated at any time before or after ten years, if either party
declared so twelve months in advance.Y Ratifications were exchanged
"l Chile, Congreso, Sesiones de los cuerpos lejislativos de la RkpOiblica de Chile, 1811 a
1846, recopiladas... por Valentin Letelier (37 vols., Santiago de Chile, 1887-1908),
XXXIV, 408. This treaty which was not ratified, was so similar in content to the accepted
treaty of 1854 that only the provisions of the latter will be discussed.
"2Ibid., pp. 518-529.
23 Chile, Congreso, Documentos parlamentarios. Discursos de la apertura en las sesiones
del Congreso, y memorias ministeriales (9 vols., Santiago de Chile, 1858-1861), II, 347.
24BFSP, XL, 10-12.
25 The full text of the treaty may be found in BFSP, XLIV, 47-62; Hertslet, op. cit.,
IX, 948-962; BascufiAn Mont6s, op. cit., pp. 194-208.
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NOTES AND COMMENT 143
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