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 CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
EXPOSITION 
 
 THE ILLEGAL ACTS 
 
 EX-PRESIDENT BALMACEDA, 
 
 CAUSED THE CIVIL WAR IN CHILE. 
 
 PEDRO MONTT, 
 Confidential Agent of the Constitutional Government . 
 
 washington : 
 
 Gibson Bros., Printers and Bookbinders. 
 
 1891. 
 
|l Cornell University 
 7 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924021189653 
 
EXPOSITION 
 
 THE ILLEGAL ACTS 
 
 EX-PRESIDENT BALMACEDA, 
 
 CAUSED THE CIVIL WAR IN CHILE. 
 
 PEDRO MONTT, 
 Confidential Agent of the Constitutional Government. 
 
 washington : 
 
 Gibson Bros., Printers and Bookbinders, 
 
 1891. 
 

Exposition of the illegal Acts of ex-President Bal- 
 maceda, which caused the Civil War in Chile. 
 
 One 6f the most admirable characteristics of the people 
 of the great American Republic is their love of fair play, and 
 their sympathy for nations struggling for the maintenance of 
 liberties and constitutional rights. 
 
 Owing to the remoteness of our country, and the persist- 
 ent misrepresentations of the public and secret agents of Mr- 
 Balmaceda in this country, through the public press, some 
 persons have been misled into the belief that we are in re- 
 bellion against a lawful and benign government. We desire 
 to give a statement of facts, that an unbiassed opinion may 
 be formed as to the merits of the struggle which is now del- 
 uging our unhappy country with fraternal blood. 
 
 Our Chilian Republic, although the most remote on this 
 continent from the United States, has always endeavored to 
 prove herself a worthy member of the sisterhood of Ameri- 
 can Republics. But, unfortunately for our national pride, we 
 are now forced to confess and lament that we cannot claim 
 for our people and country that continuity of prosperity and 
 happiness which, until the present year, gave such gratifying 
 promise for the future greatness of our Republic. 
 
 But we feel confident that the American people, whose ven- 
 eration for republican institutions and love of liberty are no- 
 torious, after a full knowledge of the origin of our present 
 
struggle and the manner in which it is being conducted by 
 the opposing parties, will do our cause the full justice of 
 their approval, bearing in mind that the right is always fear- 
 fully handicapped, at the inception of a struggle for liberty, 
 by the fact that despotic authority is in possession of the cap- 
 ital, and is looked upon by foreign nations as the <le facto 
 government, and its opposers as insurgents and rebels. 
 
 A brief review of the causes which have led to the pres- 
 ent civil struggle in our country will show that our Consti- 
 tutional Government is no less the government de jure than 
 was that of the Continental Congress in the revolt against 
 the tyranny of George III in the last century, and is entitled 
 lo no less sympathy and approval. 
 
 II. 
 
 Chile until 1890. 
 
 As is well known, the RejDublic of Chile is situated at the 
 southern extremity of the South American continent. 
 
 After achieving her independence from Spain, Chile or- 
 ganized a republican government, and in 1833 adopted the 
 Constitution which, up to the present year, continued to exist. 
 Under the guarantees of this Constitution, she established 
 and maintained internal tranquility, and was proud to march 
 along the broad road of modern progress. 
 
 The population, which in 1833 did not exceed 800,000, is 
 to-day more than 3,000,000. The public revenues have in- 
 creased from $1,000,000 to §56,000,000, owing to the increase 
 of national wealth, and not through excessive taxation. Edu- 
 cation, public and private, has been successfully promoted, 
 and is now popular with the masses. Railroad and telegraph 
 
lines run through the hxnd, extending their benefits to the 
 towns and cities of the Republic, and by ocean cables Chile 
 is in communication with the whole world. Her people find 
 remunerative employment in commerce, mining, agriculture, 
 and the useful arts, in all of which foreigners of all nations 
 participate, enjoying the same rights and privileges as do the 
 citizens of the country. Absolute toleration is accorded 
 to all religious denominations, and the observance of the 
 Constitution and laws, by the magistrates and people, 
 was the guarantee of public order, internal tranquility and 
 progress. 
 
 Under the Constitution of 1833, popular government was 
 established. The executive power is vested in a Presi- 
 dent, who is elected every five years. The legislative power 
 resides in two houses, both elected by the people, and whose 
 members received no remuneration. The judges of the 
 courts hold their offices for life or good behavior, and, in 
 the exercise of their functions, are independent of the other 
 departments of the Government. 
 
 The President appoints the ministers, without the concur- 
 rence of the Senate (as is necessary in the United States) 
 or other body, and they can be members of either House, 
 and when not members can assist at its sessions, taking part 
 in its discussions, but not voting. 
 
 The fundamental dispositions that govern the relations 
 between the President and Congress, are the following : 
 
 1. The budget or appropriations for carrying on the Gov- 
 ernment, and for other public uses, are voted annually by 
 Congress, and no monies can be taken from the Treasury 
 without this annual law. 
 
 2. The taxes are fixed annually by Congress, and the 
 President is prohibited from ordering the collection or re- 
 
ceiving any taxes or imposts, if not atithorized by Congress, 
 for a period not exceeding eighteen months. 
 
 3. The forces of the army and navy are fixed by Congress 
 annually, and without this law no army or na^•y can legally 
 exist in Chile. 
 
 4. Troops cannot be quartered in the place where Congress 
 is in session, or Avithiu thirty miles of it, without the special 
 permission of Congress, granted by law every year. 
 
 5. The President cannot be impeached during the term of 
 his office, and no order of the President should be obe3'ed 
 without the signature of a Cabinet Minister who assumes the 
 responsibility, and is impeachable bj* the House of Eepre- 
 sentatives before the Senate. 
 
 These fundamental principles were observed in Chile, 
 without interruption, from 1833 to ISHO, a space of fifty- 
 seven years. The power which they confer on Congress to 
 participate in the administration of the government, and the 
 irresponsibilitj" of the President, on the one hand, and the 
 privilege they accord the ijiinistry to join in the debates of 
 Congress, and their responsibility, on the other, brought 
 about the result that no ministry can carry on the govern- 
 ment, or exercise their functions without the acquiescence 
 or confidence of the legislative bodv. 
 
 Thus, under the guidance of the ablest and purest men 
 of the country, a complete system of parliamentary gov- 
 ernment grew up, and was universally recognized as the 
 laAv of the land, and to its excellence was due the ex- 
 ceptional tranquility and prosperity enjoyed by Chile, 
 under which her foreign commerce for ISlSl* increased to 
 8120,000,000, while the most enhghtened and progressive 
 laws were incorporated in her statute books : for instance, 
 
a law giving the right of suffrage to every male citizen 21 
 years old, without other specification than his ability to 
 read and write. A municipal reform law, which resembled 
 those in force in the United States, had been passed by the 
 Hoiises, but was opposed by Mr. Balmaceda. 
 
 Eleven presidential periods have succeeded each other, 
 regularly, under the iEgis of the Constitution of 1833, 
 namfely, that of General Prieto, two terms, from 1831 to 
 1841 ; General Bulnes, two terms, from 1841 to 1851 ; Don 
 Manuel Montt from 1851 to 1861 ; Don Joaquin Perez from 
 1861 to 1871 ; Don Federico Errazuriz from 1871 to 1876 ; 
 Don Anibal Pinto from 1876 to 1881 ; and Don Domingo 
 Santa Maria from 1881 to 1886. 
 
 All these distinguished statesmen discharged their execu- 
 tive duties in strict conformity with the Constitution and 
 laws of the Republic, rendering them willing homage, even 
 in periods of dangerous popular excitement, which dis- 
 turbed the country some thirty or forty years ago. They all 
 retired from power at the expiration of their presidential 
 terms, handing over intact to their successors the sacred 
 deposit of the institutions and laws confided to their care. 
 
 It was left to the present claimant of the presidential 
 ofiice to break this long and honorable record. 
 
 Mr. Balmaceda was elected President with the support of 
 the liberal partyin 1886. He had distinguished himself as 
 a member of the Hotise of Representatives, and as Minister 
 of State. He had, on all occasions, proclaimed the doctrine 
 which had never in Chile been called in question, that Cab- 
 inets could not exist without the acquiescence of Congress, 
 and that the acquiescence of Congress was essential to the 
 continuance in power of a Chilian cabinet, just as a con- 
 
firmation by the Senate is necessary to enable Cabinet 
 officers to perform their functions in the United States. 
 
 During the first years of his administration, Mr. Balmaceda 
 was discreet, conciliating, and attentive to the voice of pub- 
 lic opinion, and succeeded in reuniting the liberal party, 
 which, in the heat of the campaign, resulting in his elec- 
 tion, had become divided. Thus, accepted by the entire 
 liberal party, thereafter his administration was unopposed. 
 In his messages to Congress in 1887 and 1888, which he 
 read on its opening, he felicitated its members upon the sat- 
 isfactory results of our parliamentary system of government, 
 and upon the progress the country was making under it. 
 
 III. 
 
 COMMENCEMEXT OF TbOUBLES. 
 
 Up to this time, the political course of Balmaceda was 
 consistent and patriotic. But, intoxicated bj- the exercise 
 of power, he was loath to surrender it. As he could not 
 hold office for a second term, he determined to enjoy all its 
 substantial fruits, by forcing into the Presidential office a 
 creature of his own selection, who would be merely a locum 
 tejiens, while he would be the real President of the Republic, 
 and be able to elect himself for the succeeding term. 
 
 With far-casting diplomacy and intrigue, he put in opera- 
 tion all the influence of his office and administrative ma- 
 chinery to efl'ect his purpose. 
 
 The intimate personal friend designed as his successor 
 had none of the qualifications necessary for the Presidency, 
 and his elevation was bitterly combatted bj- public opinion, 
 and aU the provinces ; and both houses of Congress echoed 
 the will of the people. 
 
9 
 
 Notwithstanding the denial of the President of any uncon- 
 stitutional designs, the Cabinet, at whose head was Mr. De- 
 metrio Lastaria (who recently perished in the winter snows 
 of the Andes escaping from the persecutions of Mr. Balma- 
 ceda), profoundly distrusted him and resigned. Congress 
 was equally suspicious, and distrusted his professions of 
 good faith. As a guarantee of it, he was induced, after 
 various conferences with the leading men of the Eepublic, 
 to appoint a Cabinet in accord with public sentiment, and in 
 opposition to presidential intervention in the choice of a 
 new President. 
 
 This Cabinet was constituted on the 23d of October 1889, 
 and Congress manifested its satisfaction by passing the ap- 
 propriation and army bills for the year 3 890, as well as va- 
 rious laws for the general good. 
 
 But the people were not deceived by the President's pro- 
 fessions, and entertained a profound distrust of his sincer- 
 ity. These suspicions were speedily confirmed by Mr. Bal- 
 maceda's own friends, who openly declared that as soon as 
 Congress had passed the appropriation bill the present 
 Cabinet would be of no further use. 
 
 The ministry called the attention of the President to the 
 general distrust, and besought him to assemble Congress in 
 extraordinary session, in order to put an end to popular fears. 
 Mr. Balmaceda accepted this advice with apparent pleasure, 
 and authorized the ministers to declare in both Houses the 
 President's solemn promise to call Congress to an extraor- 
 dinary session in the month of April, 1890, when its mem- 
 bers would have returned to the capital from their summer 
 vacation ; and further, that during that session a new elec- 
 toral law, made necessary by a change in the Constitution the 
 
10 
 
 year before, affecting the electoral basis, established by the 
 provisions of the old law, would be discussed ; also, that 
 municipal reform law, so loudly demanded by the public, 
 would be presented for consideration. 
 
 The head of the ministry, Mr. Sanchez Fontecilla, an- 
 nounced to both Houses of Congress the solemn promise of 
 the President. 
 
 The appropriation bill and the army and navy bill having 
 been passed and approved in the last days of December, pop- 
 ular fears were realized. In January, 1890, the President de- 
 manded the resignation of the Cabinet. He closed Congress 
 and appointed new ministers, chosen from his personal friends 
 (in Chile, as has been already explained, confirmation by the 
 Senate not being necessary), and set to work with self-lauda- 
 tory declarations, and all the resources of promises, threats, 
 and the distribution of public employments, to allure the 
 members of Congress and win over a majority <)f them to 
 his interest. 
 
 The attempts at corruption and intimidation were, how- 
 ever, in vain, and he failed to ■win a single partizan. On the 
 contrary, his illegal proceedings alienated many of his friends 
 who, up to that time, had supported him. 
 
 IV. 
 
 Balmaceda Violates his Solemn Peomises and Inaugurates 
 Eevolutionaby Measures. 
 
 The mouth of April, 1890, arrives, and passes, and Mr. Bal- 
 maceda, in violation of his solemn promise, fails to convoke 
 Congress in extraordinary session. 
 
 The Constitution of Chile provides that Congress, in regu- 
 
11 
 
 lar session, shall meet on the first of June annually, for three 
 months. It also provides that during the recess of Congress 
 the conservative functions of that body, namely, the duty of 
 preserving and defending the rights and privileges of the na- 
 tion, and the proper observance of the laws, shall be dele- 
 gated to a commission termed the " Conservative Committee," 
 composed of seven members of the Senate, and an equal 
 number from the House of Eepresentatives, elected by the 
 respective Houses from their own members. 
 
 This Committee, by the authority vested in it by the Con- 
 stitution, required the President to order the convocation of 
 Congress in extraordinary session. Notwithstanding his sol- 
 emn promise and the important measures to be disposed of 
 at the autumn session, the President refused. 
 
 From this time forward Mr. Balmaceda marched boldly on 
 in his unconstitutional' and revolutionary career. On the 30th 
 of May, he named as chief of the Cabinet the person whose 
 candidacy for the Presidential chair was one of the causes 
 of the political difficulties. 
 
 On the first of June Congress met in ordinary session, and 
 immediately passed a vote of censure against the Ministers 
 by a large majority in both houses. But contrary to un- 
 broken precedents for fifty-seven years, they refused to sur- 
 render office. ^ 
 
 On the first of July, the law authorizing the collection of 
 taxes expired bj constitutional limitation, and, fifteen days 
 before, the House of Eepresentatives had declared it would 
 not re-enact said law, unless a Ministry was appointed in 
 which both President and Congress had confidence, and 
 which would be a guarantee of the constitutional regimen. 
 
 The censured ministers continued in office, and Con- 
 
12 
 
 gress refused to discuss the revenue measures, and during tlie 
 entire month of July no taxes or duties were collected in 
 Chile. The public expenditures were made with surplus 
 funds accumulated in the last years. 
 
 Strikes and riots were the order of the day in Valparaiso 
 and Iquique, Our two most important ports, fomented by 
 agents of the Executive for the purpose of intimidating 
 Congress. These riots caused serious loss of property, and 
 a still more lamentable loss of life to poor people. 
 
 At last the authorities became frightened, and were com- 
 pelled to interfere, not daring to brave the public indigna- 
 tion, which could not be deceived as to the complicity of the 
 executive authority in these disorders. 
 
 V. 
 
 Peats' Ministky. — Obliged to Eesign. 
 
 Congress continuing firm at its post of duty, the President 
 was forced to submit, and on the 7th of August named an- 
 other ministry, presided over by Mr. Prats, who left his 
 post of Chief-Justice of the Supreme Court to accept this 
 position. His associates were also gentlemen of the highest 
 character. Thus constituted, this Ministry enjoyed the fullest 
 confidence of Congress and of the nation. 
 
 This ministry began its functions by declaring to both 
 Houses of Congress that the Executive considered him- 
 self honored by the homage which he now renders to the 
 National Congress ; that it was a pleasing satisfaction to 
 recognize that without the concurrence of Congress it was 
 impossible to govern in harmony with the Constitution, and 
 in accordance with the uninterrupted practice of the country 
 during its entire period of independent national existence ; 
 
13 
 
 and that he congratulated himself that the unpleasant con- 
 flict had terminated satisfactorily. 
 
 Harmony and tranquility were re-established, and Con- 
 gress passed the law authorizing the collection of taxes by 
 the Executive. 
 
 As the ordinary sitting of Congress would cease the first 
 of September, the ministry, in the President's name, promised 
 that the Congress would be convened in extra session for 
 October, for the purpose of legislating on the project of 
 municipal reform and other laws. In those sessions the 
 appropriation bill and the aimy and navy bill would also 
 be discussed. 
 
 According to the Constitution, the President convenes 
 Congress in extra session when necessary for the public ser- 
 vice, and by constant and immemorial usage the convocation 
 is made each year, generally in the months of October or 
 November. 
 
 The appropriation bill and the army and navy bill have 
 always been discussed and voted on in the last months of 
 this extra session. 
 
 In conformity with this custom, which has become a law 
 of the land, the rules of both houses in 1887, and without a 
 dissenting voice, fixed the last days of December as the time 
 for passing these laws. 
 
 In accordance with the formal promise of the Prats Min- 
 istry, Congress was convoked to meet on the first of October. 
 A few days after, the Ministry priiposed to the President the 
 dismissal of a political -funetionaFy^whose conduct did not 
 ins pire con fidence, and thwarted the compromise of the Min- 
 istry with the people, in regard to- free elections. The Presi- 
 dent refused to remove him. 
 
14 
 
 The Ministry resigned in a body, and the President ac- 
 cepting their resignation named another Ministry, chosen 
 from the narrow circle of his personal friends, and ordered 
 the closure of the extra session of Congress before the dis- 
 cussion of any laws. This took place on the 15th of last 
 October. 
 
 The " Conservative Committee," vested with its constitu- 
 tional powers, met, and after mature deliberation required 
 the President to again convoke Congress for the passage of 
 the appropriations, which annually expire on the 31st of 
 December, and for the discussion of the bill for municipal 
 reform and of the army bill. 
 
 Although the President had given his solemn promise to 
 do this, he now positively refused to comply with the request 
 of the " Conservative Committee." The Committee reiter- 
 ated its mandate, and the President persisted in his refusal. 
 
 In the meantime, in an orderly political club, a young citi- 
 zen was killed by the police, which is under the immediate 
 order of the President, and Mr. Balmaceda, instead of con- 
 demning the crime, issued a decree or ordinance, regulating 
 the holding of public meetings, which virttially amounted to 
 their suppression. In the fulfilment of its constitutional 
 duty to the nation, the Conservative Committee dema.nded the 
 punishment of the crime and abrogation of this ordinance, 
 as a flagrant violation of the rights of the people, guaranteed 
 by the express provisions of the Constitution, which has 
 always been held sacred under every republican govern- 
 ment. 
 
 The President positively refused compliance with the re- 
 quest of the Conservative Committee ; and public meetings 
 and all expression of the popular feeling were suppressed. 
 
15 
 
 VI. 
 
 DicTATORSHir OF Balmaceda. 
 
 Meanwhile the first of January, 1891, arrived. The appro- 
 priations for the public expenses and the army and navy 
 bill had expired the day before by the constitutional Kmita- 
 tion. As Mr. Balmaceda, notwithstanding the reiterated" 
 requests of the Conservative Committee, his solemn promise, 
 and the never-before interrupted custom, had not convoked 
 Congress to an extra session to re-enact these laws for the 
 year 1891, he could not constitutionally disburse public 
 moneys nor maintain any military or naval force for lack 
 of these laws. 
 
 The President, Mr. Balmaceda, instead of convoking Con- 
 gress, as was his duty, issued a proclamation in which he de- 
 clared his inability to carry on the Government in aceardance 
 
 with the Consti tution, an dtherefnre hy vu±iitwftj-4M«-T-rwTT-nrrH 
 
 he would hereafter dispose^ of the public funds and support 
 arniy and_jiavy- without— reference toTEe T5onstitution and 
 
 4firWS7 
 
 Here history repeats itself, and what cost Charles the First 
 his head, after two centuries and a half is re-enacted in Re- 
 publican America. 
 
 After the public declaration of Mr. Balmaceda that he was 
 resolved no longer to attempt carrying on the Government 
 under the Constitution and laws, is it any wonder that the 
 nation was profoundly alarmed for its liberties ? In the 
 steadfast patriotism and firmness of Congress was its only 
 hope. Many peace-loving citizens, who up to this time had 
 taken no part in the controversy that for months had been 
 going on, now ranged themselves on the side of Congress, 
 
16 
 
 which represented the majesty of the Constitution, and this 
 party in a short time included nearly every man of promi- 
 nence in official life, in the learned professions, in commerce, 
 in the army, in the navy, and the great bulk of the people. 
 Of course, as there will always be in such times, there were 
 a few, whose names had figured in public positions, who, con- 
 sulting their own personal interests, " bent the supple hinges 
 of the knee, that thrift might foUow fawning," joined the party 
 of the Dictator, and are now conspiring with him for the over- 
 throw of the liberties of their country. 
 
 At this crisis, seeing that the President was bent on an 
 arbitrary dictatorship, Congress resolved to exercise the 
 powers conferred upon it by the Constitution. This instru- 
 ment provides that whenever the President is found unfit to 
 discharge the duties of his office by reason of infirmity, ab- 
 sence, or other grave cause, the Presidential office must be 
 declared vacant. This it proceeded to do and solemnly 
 ordained that Mr. Jose Manuel Balmaceda had ceased to be 
 the President of Chile. 
 
 From this moment Mr. Balmaceda lost the attributes of 
 President of the Republic, and returned to the condition of 
 a private citizen. 
 
 To parallel the situation in Chile at this moment, by an 
 example from American political history, let us suppose that 
 the Senate of the United States, in 1868, had found Presi- 
 dent Andrew Johnson guilty of high crimes and misdemean- 
 ors, and removed him from office ; and suppose that, instead 
 of obeying its mandate, he had dissolved the Congress at the 
 point of the bayonet, and declared that he would collect the 
 taxes, disburse the public revenue, maintain the army and 
 navy without any appropriation having been made for that 
 
17 
 
 purpose, according to his own will and pleasure.. In a word, 
 that adopting the maxim of Louis XIV of " Vetat c'est moi " — 
 I am the state — had proceeded to rule this great country after 
 this fashion. Such an attempt at usurpation in the United 
 States is too improbable for the wildest fancy, but unfortu- 
 nately Chile is now actually going through this experience. 
 
 Of course Mr. Balmaceda refused to submit to the decree 
 of Congress removing him from office, and, supported by a 
 portion of the army, and by his creatures in the executive 
 offices, whom he had mindfully appointed for this emergency, 
 prepared to maintain his Dictatorship. 
 
 On its part Congress appealed to the people and to the 
 public functionaries, to give effect to its resolution of his re- 
 moval from the Presidency. 
 
 Here we have the history of the causes and origin of the 
 civil war in Chile. 
 
 The fleet, as well as the most distinguished officers of the 
 army, immediately placed themselves at the disposition of 
 Congress. In virtue of the resolution of that body, a " junta " 
 of provisional government was formed, consisting of the com- 
 mander of the fleet, the Vice-President of the Senate, and 
 the President of the House of Representatives. This junta 
 is firmly established at Iquique, and exercises its authority 
 over the provinces of Tacna, Tarapaca, Antofagasta, and 
 Atacama, that extends from the 17th degree of south lati- 
 tude to the 29th. 
 
 In these provinces the Constitution and laws are fully 
 maintained. The courts are open for the administration of 
 the laws and for dispensing justice, and all the functions of 
 a regularly constituted republican government are strictly 
 
18 
 
 performed. This is in striking contrast to the course the 
 Dictator has thought proper to pursue. 
 
 In order to maintain his usurpation he has trodden under 
 foot the Constitiition and laws of his country, and has de- 
 clared that he will rule the nation without regard to the 
 Constitution or the laws. 
 
 He has, without the authority of law, caused the emission 
 of government paper money to the amount of twelve millions 
 of dollars. 
 
 He has, contrary to law, issued an inferior metallic coinage. 
 
 He has filled the country with spies. 
 
 He has violated the sacred right of domicile. 
 
 He has violated the sacredness of private correspond- 
 ence, guaranteed by the Constitution. 
 
 He has refused to obey the decrees of the high tribunal 
 of justice — the Siipreme Court. 
 
 He has imprisoned many judges. 
 
 He has impeded by brute force the courts of justice, and 
 forbidden them to exercise their high functions. 
 
 He has silenced all the public journals that opposed or 
 criticised his acts, sometimes confiscating or ordering the 
 destruction of all their printing material. 
 
 He has thrown into prison hundreds of law-abiding citi- 
 zens, and kept them confounded with criminals. 
 
 He has imprisoned many of the members of Congress, 
 whose persons under the Constitution are inviolable. 
 
 He has dissolved Congress. 
 
 He has ordered the election of new Senators and Eep- 
 resentatives, although the terms of more than two-thirds of 
 the Senators of the Constitutional Congress had three years 
 to run. 
 
19 
 
 He has altered and modified the election laws by his own 
 arbitrary will. 
 
 He has revoked, in the same arbitrary manner, the law 
 which forbids the public employes to be Senators or Eepre- 
 sentatives, the majority of the new members being salaried 
 employes. 
 
 He has embargoed the property of many of his opponents. 
 
 He has taken horses, cattle, and other property of his 
 adversaries. 
 
 He has made use of the public funds according to his 
 absolute will, and in palpable violation of the laws. 
 
 He has increased more than three times the pay of the 
 officers and soldiers of his army. 
 
 He has enrolled by force an immense number of citizens 
 against their will, and against the laws. 
 
 He has cruelly martyrized, by flogging and other igno- 
 minious tortures, hundreds of respectable citizens, rich and 
 poor, without respect to age or condition. 
 
 He has caused to be shot to death many citizens without 
 a legal trial and sentence, in some instances sending his 
 orders for their execution by telegraph. By a mere tele- 
 graphic order he caused the execution, in cold blood, of 
 eighty, in the province of Antofagasta, the 9th of March, 
 for refusing to serve in his army against the Constitutional 
 Government. 
 
 In a word, Mr. Balmaceda uses his power as an odious and 
 cruel tyrant, and no one is safe, in person, or property. 
 He does not even permit his enemies to leave the country. 
 In Santiago more than three persons are not allowed to walk 
 together in the streets. After 6 o'clock in the evening no 
 horse or carriage is permitted to be used, and before 12 
 
20 
 
 o'clock every one must be in doors. All this under heavy 
 fines and penalties. 
 
 VII. 
 
 Pbogbess of the Constitutional Government. 
 
 The forces of the Constitutional government occupied 
 Iquique the 16th of February. On the 7th of March the 
 army of Mr. Balmaceda was completely routed in the battle 
 of Pozo Almonte, and the whole of the province of Tarapaca 
 since then has remained in the hands of the Constitutional 
 government, which has established its seat at Iquique. 
 
 In the latter part of March, the Constitutional army took 
 possession of the province of Antofagasta, the army of the 
 Dictator, 2,300 strong, taking refuge in the neighboring 
 Eepublic of Bolivia. 
 
 About the middle of April, the Constitutional forces occu- 
 pied the province of Tacna, and again the army of Mr. Bal- 
 maceda in this province escaped to the north, finding refuge 
 in the Republic of Peru. 
 
 During the last days of April and in May, the Constitu- 
 tional army laid hold of the province of Atacama, the forces 
 of the Dictator, as usual, seeking the protection of a neutral 
 power, this time in the Argentina. 
 
 The navy took possession of the Lobos islands in the 
 month of June. Prom these islands large quantities of 
 guano are exported. This has proved a great loss to Mr. 
 Balmaceda, as he reaped rich harvests from this valuable 
 fertilizer. 
 
 The Constitutional forces occupied Vallenar and all the 
 valley of Huasco in the month of July. The forces of 
 
21 
 
 Balmaceda having been dislodged, escaped to the province 
 of Coquimbo. 
 
 The lack of arms and ammunition, owing to the impro- 
 vision of the civil war, did not permit farther extension of 
 military operations during the last few months. 
 
 At last the Constitutional army is well-armed and equipped, 
 and they will soon continue in their accustomed paths of 
 victory. 
 
 The Constitutional Government now occupies four prov- 
 inces — Tacna, Tarapaca, Antofagasta, and Atacama. The 
 Constitution and laws are observed in them ; property and 
 all the rights of citizens are respected. 
 
 In regard to the finances of the Constitutional Govern- 
 ment, it may be proper to state that the provinces under its 
 authority furnish more than two thirds of the taxes of the 
 Republic, and that it scrupulously respects private property. 
 The contributions which these rich territories produce are 
 regularly and peaceably collected, and suffice for all the out- 
 lays required by a well-regulated government. No arbitrary 
 levy of taxes has been exacted for any purpose. 
 
 VIII. 
 
 Attempted Mediation. 
 
 On various occasions the representatives of foreign gov- 
 ernments at Santiago, commisserating the sad condition of a 
 country that they had so recently seen prosperous and happy, 
 made proffer of their services, as mediators, between the con- 
 tending parties to this unhappy conflict. These overtures 
 were always cordially received by the Constitutional Govern- 
 ment. 
 
22 
 
 In the latter part of April the Ministers of the United 
 States, of France, and Brazil, in the name of their respective 
 governments, tendered their good offices for the re-establish- 
 ment of peace. Mr. Balmaceda officially accepted these 
 offers, and, at the instance of the foreign Ministers, gave a 
 safe conduct to the representatives appointed by the Consti- 
 tutional Government at Iquique, who were then in safe con- 
 cealment in Santiago. 
 
 The members to the proposed conference, on the part of 
 the Constitutional Government, laid before the mediating 
 foreign representatives the basis of an agreement, signed by 
 them, which, in their judgment, would conduce to the resto- 
 ration of peace. This evinced so lofty a patriotism as to 
 receive the warm and hearty approval of the honorable 
 representatives of the mediating governments. 
 
 Their good offices were, however, unproductive of any 
 favorable result, as Mr. Balmaceda, framing pretexts, de- 
 clined to formulate any compromise, or to express any opinion 
 as to a practical basis for the settlement of the questions at 
 issue. . The consequence was that the representatives of the 
 mediating governments utterly failed in their beneficent in- 
 tentions, and the conference, which the Government at 
 Iquique had accepted, in deference to the United States, and 
 the other mediating powers, was dissolved. 
 
 It will be well to remember that the Government at Iquique, 
 on the 20th of April, accepted the proffered good offices of 
 the diplomatic ministers at Santiago, of England and Ger- 
 many, and that three days afterwards Mr. Balmaceda planned 
 and ordered the unexpected and barbarous attack, by means 
 of torpedoes, on the iron-clad Blanco Encalada, one of the 
 war vessels of the Chilian navy, which, in a foreign war, had 
 
23 
 
 achieved the most signal victories, and was fondly cherished 
 by the nation. 
 
 The Dictator conceived it not incompatable with the pend- 
 ing peace negotiations to make this unlooked-for attack, 
 which caused the death of more than 150 Chilian sailors. 
 
 He had also endeavored by an act of treachery to imprison 
 the representatives of the Constitutional Government, violat- 
 ing the safe conduct given them at the request of the diplo- 
 matic mediators, which secured immunity for their lives and 
 persons, and but for the nOble and energetic attitude of the 
 honorable foreign ministers there is little doubt but that 
 Mr. Balmaceda would have disregarded the safe conduct 
 which he had solemnly granted. 
 
 IX. 
 
 Conclusion. 
 
 Such is the exceptional condition of Chile. The Consti- 
 tutional Government exercises authority from the 17th to 
 the 29th degree, and in all this territory the rights and guar- 
 antees for persons and property, under the Constitution and 
 laws, are as scrupulously respected as in the best governed 
 countries of the globe. 
 
 In the territory over which Mr. Balmaceda exercises au- 
 thority, there is neither Constitution or laws to restrain his 
 tyrannical acts. The only law he invokes is his own unre- 
 strained will, which does not respect even those fundamental 
 principles recognized as the foundation of all law. 
 
 Chile has seen for the first time respectable citizens, for 
 no other offence than opposing the policy of the Dictator, 
 tied to the whipping-post, inhumanly flogged and otherwise 
 
24 
 
 cruelly tortured. The nation will not soon forget such out- 
 rages, and posterity will execrate his memory. 
 
 Accompanying this we present various documents referr- 
 ing to the resolutions of the Chilian Congress, which incon- 
 testably establish the fact that the Constitutional Govern- 
 ment at Iquique represents the only legitimate sovereign 
 authority in our land. 
 
 We append, also, the decrees of Mr. Balmaceda, setting 
 aside the Constitution, dissolving Congress, and suspending 
 the sessions of the courts of justice. 
 
 Finally, we deem it appropriate to add a copy of the de- 
 cree promulgated by the government of the Republic of 
 Bolivia, recognizing the belligerency of our Constitutional 
 Government. The geographical position of that republic, 
 so near the scenes of our civil contest, enables her to appre- 
 ciate, better than more distant governments, the true condi- 
 tion of affairs in Chile ; hence her decree of the 23d of May 
 last. As will be seen, she explains with entire impartiality 
 the reasons for her action. 
 
 The government of the Argentina, which bounds Chile on 
 the east, has declared, through the message of the President 
 of that Republic to the National Congress, that it will observe 
 the strictest neutrality. The Republic of Peru observes strict 
 neutrality according to international law. 
 
 In conclusion, we wish to convince the people of the United 
 States that the people of Chile have not risen in rebellion 
 against a lawful government, and that in opposing Mr. Bal- 
 maceda, they are in no sense rebels or insurgents, but that 
 they have taken arms in defense of their Constitution and 
 laws, to secure their menaced liberties, that they may leave 
 them as a perpetual heritage to their children. 
 
 We seek in foreign countries, especially in the United 
 
25 
 
 States, to arouse the sympathy of a free people in favor of 
 a nation struggling to retain their free republican institutions, 
 which were secured at the cost of so much precious blood 
 by their ancestors. We wish to make known to its fortunate 
 citizens the causes that have led to the present unhappy con- 
 dition of our country, feeling assured that when the facts are 
 known the sympathy and good wishes of no American 
 citizen will be denied to a brave people, struggling for the 
 preservation of their liberties, and the maintenance of their 
 republican form of government. 
 
 The people of Chile have always comprehended, to the 
 fuUest extent, the sacredness of the high duties to be fulfilled. 
 
 In the most solemn epochs of her history, when her exist- 
 ence as an independent nation, and her honor were at stake, 
 she displayed sufficient valor and energy to maintain the 
 brightness of the star that adorns her banner. 
 
 The present struggle in favor of her institutions and lib- 
 erty affects the most vital interests of the Eepublic, and we 
 are certain that for their preservation she will not omit, as 
 she never has omitted, the sacrifice of her best blood and 
 her treasures. 
 
 Divine Providence does not desert the defenders of 
 
 justice and liberty. Those who have been once free, will 
 
 never tread the road that leads to slavery. The Chilians, 
 
 who have learned to appreciate liberty because they owe it 
 
 to their own efforts, are sure of victory in their strife against 
 
 the shameful oppression that so cruelly afflicts their loved 
 
 country. 
 
 PBDEO MONTT, 
 
 Confidential Agent of the Constitutional Government. 
 Washington, D. C, August Wi, 1891. 
 
ANNEXED DOCUMENTS. 
 
 Act of both Houses of the National Congress declar- 
 ing the inability of Mr. Balmaceda. 
 
 We, representatives of the people of Chile in National 
 Congress assembled, taking into consideration — 
 
 1. That the many crimes committed by the executive au- 
 thorities against the electoral power of the Republic, to falsify 
 the expression of the sovereign will of the people at the elec- 
 tions, have been assisted and protected by the President of 
 the Eepublic and his Ministers, refiising to hear the repre- 
 sentations of the Conservative Committee, and thus assuming 
 to himself the responsibility of the guilty functionaries ac- 
 cording to the mandate of number 2 of the 49th article of 
 the Constitution of the State. 
 
 2. That the police force, confided to the President of the 
 Republic for the preservation of public order and the defense 
 of the rights of the citizens, has been employed in organizing 
 and directing mobs of the common rabble, paid for promot- 
 ing the most shameful and criminal transgressions against the 
 public safety, and to trample under foot the fundamental 
 rights of citizens, so that the use of said force was a constant 
 menace for them, destroying the primordial end of the estab- 
 lishment of public authorities ; that the President of the Ee- 
 public and his Ministers have been deaf to the clamor of 
 public indignation and the constant remonstrances of Con- 
 gress and of the Conservative Committee for those acts, 
 which the authorities have left unpunished, in this manner 
 assuming the responsibility. 
 
 3. That the sole reparation offered for the last and sorrow- 
 ful attacks on the right of public assembly, has been the pro- 
 mulgation of the ordinance of the 20th Dec. ult., which is a 
 new and daring violation of the right to hold meetings and 
 of petition^ which are guaranteed by paragraph 6 of the 10th 
 article, and by the 6th of 27th article of the Constitution, 
 thus incurring the President of the Republic and his accom- 
 
27 
 
 plices in a flagrant usurpation of an exclusive right of Con- 
 gress, whicli is the only power that can dictate these excep- 
 tional laws of transitory duration, not to exceed the term of 
 one year. 
 
 4. That the President of the Eepublic has constantly vio- 
 lated public faith, as were officially and solemnly promised 
 by his Ministers in Congress. 
 
 5. _ That the President has squandered the public funds, dis- 
 bursing them without the sanction of law ; he has created pub- 
 he offices and paid unwarranted commissions, using the public 
 money without the sanction or consent of Congress, thus 
 usurping an exclusive power vested in the legislature estab- 
 hshed in paragraph 10 of article 28 of the Constitution. 
 
 6. That the same functionary has ignored and violated the 
 controlling attributions of Congress and of the Conservative 
 Comniittee, scorning them in the most absolute manner, with 
 open infraction of the 49th and other articles of the Consti- 
 tution, according to which Congress is controller and judge 
 of the high executive officials. 
 
 7. That due to the non-recognition of these rights, the 
 President of the Republic recently attempted to change the 
 time-honored form of our Government by retaining a cabinet 
 in whom Congress had shown their want of confidence, and 
 to whom the same Congress had denied the contributions, 
 and he reached the point of governing without them, caus- 
 ing to the treasury immense losses and to the nation pertur- 
 bations still more momentous. 
 
 8. That by closing Congress, because it opposed with 
 patriotic firmness the invasion of the dearest rights of the 
 people, he was false to his pledged word of sanctioning 
 pending laws necessary for the guarantee of those rights. 
 
 9. That without mentioning other violations of law and 
 personal guarantees, the President has recently carried his 
 system of mal-administration, legal and social ruin, to the 
 extent of disposing public funds and to maintain at will, 
 land and naval forces, without authorization from Congress, 
 thus openly usurping power which belongs exclusively to 
 the legislative branch of the nation, to which only has this 
 power Ijeen conferred by and according to the 2d and '6d 
 paragraphs of 28th article of the Constitution, which establish 
 that only hi virtue of a law it will ie possible to fix annually 
 the amount of public expenditures, and to fix equally each 
 year the nu7iiber and organization of the military and naval 
 forces to he maintained in tiine of both peace and war. 
 
28 
 
 10. That the acts referred to have caused much alarm in 
 society, complete demoralization in the administration, and 
 such a serious perturbation in economical affairs that the 
 honor of the nation has been gravely compromised. 
 
 11. That these acts and the declarations contained in the 
 Diario Official, afford evident proof of the plot which had 
 been framed and carried out by the President of the Re- 
 public against the Constitution ; that all these acts clearlj- 
 reveal an intention to undermine our political edifice, con- 
 structed by the valor and sacrifices of several generations, in 
 order to raise on the ruins of the people's sovereignty an 
 absolute power, and to overturn and anarchise a well consti- 
 tuted society, a people tranquil and obedient, that only asks 
 for peace and legal order ; that all this constitutes no ordinary- 
 crime, but the greatest of crimes that can be committed by 
 a ruler. 
 
 12. That as the perpetration of these deeds has placed 
 the President in open revolution against constitutional order, 
 he has become a traitor to his country, and thus is placed 
 beyond the pale of the law which he had sworn to obej' and 
 maintain. 
 
 13. That if the magistrates openly violate the majesty of 
 the laws that constitute the necessary base of social order, 
 their orders are nuU and of no value, as it is expressly estab- 
 lished in Article 151 of the Constitution, and in such a case 
 not only the right but the duty exists, to resist, in defense 
 of the public order, a duty which incumbs on all citizens, 
 and very especially on constituted powers. 
 
 14. That the 4th paragraph of the 27th Article, and the 
 65th Article of the Constitution, estabhsh that it is the attri- 
 bution of Congress to declare, when, through infirmity, ab- 
 sence, or other potent motive, and when through death, 
 renunciation, or other class of absolute impossibihty, the 
 President of the Republic could not exercise his charge. 
 
 15. That the crimes mentioned, and for which the acttial 
 President of the Republic has made himself culpable, cannot 
 constitute a more powerful motive, nor an impediment more 
 absolute for making him unfit and unworthy to continue in 
 the exercise of his office. 
 
 In viktue of the peeceding consideratioxs, we, membees 
 OF the Senate and of the House of REPEESENTATrs'Es of 
 Chile, invokcng the Supeeme Judge of the Univeese m tes- 
 timony OF the bectitude of oue intentions, foe the object 
 
29 
 
 OF EE-ESTABLISHING THE CONSTITUTIONAL regime, SECURING IN- 
 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 President of the Eepublic, Don Jose Manuel 
 Balmaoecla, is absolutely incapacitated for continuing in the 
 exercise of his office, and consequently he is deprived of it 
 from this day. 
 
 2. That the Secretaries and the Councillors of State, who 
 have been accomplices in his attacks against the Constitu- 
 tion, are also incapacitated to replace him in his office. 
 
 And, therefore, we appoint Don Jorje Montt to assist the 
 action of Congress in re-establishing the sway of the Con- 
 stitution. 
 
 Santiago, January 1, 1891. 
 
 II. 
 
 The Presidents of both Houses to the Captain Jorje 
 
 Montt, 
 
 Valparaiso, January 6, 1891. 
 
 El President of the Eepublic in a manifest, which he has 
 directed to the nation, has declared that not being able to 
 govern in accord with the National Congress, as the Consti- 
 tution requires — and has been observed by all his predeces- 
 sors — he has resolved to maintain the naval and military 
 forces without authority of the law, and to make public ex- 
 penditures without legislative appropriations. 
 
 Consequently, for the first time in Chile, the President of 
 the Republic has declared himself independent of the Con- 
 stitution. He has renounced the legitimate authority with 
 which he was invested, and has attempted to assume a 
 personal arbitrary power which has no authority but his 
 own will, nor other limits than his power to enforce it. 
 
 In so grave an emergency it is the duty of the National 
 Congress to take under its care the defense of the Constitu- 
 tion, and to adopt all the measures that the circumstances 
 may make necessary for re-establishing her supreme rights. 
 
 in the discharge of this patriotic duty, the National Con- 
 gress counts on the assistance of the naval and military 
 
30 
 
 forces, because these owe their existence to the laws of Con- 
 gress, and it is not possible that they would wish to lose their 
 legal existence in order to serve a dictatorial regime estahMshed 
 for only private reasons of the President of the Republic. 
 
 Fifty-seven years of uninterrupted Constitutional organi- 
 zation and a long list of sacrifices made, and of glories at- 
 tained in the country's service, mark out, to the army and 
 navy of the Republic, their post of duty, "^^■hich is to resist, 
 as contrarj' to their honor, every attempt that may be 
 made against the code, that serves as a basis for our national 
 institutions, and gives a starting point to public power. 
 
 The National Congress, in the fulfilment of the duty which 
 the actual situation imposes, has approved the resolutions 
 that are found in the above act. 
 
 The National Congress has also duly conferred on the under- 
 signed full authority to communicate with naval authorities 
 and demand of them their co-operation in the sphere of ac- 
 tion conducive to the most prompt re-establishment of the 
 Constitutional Government. 
 
 In virtue of this power, the undersigned order that a naval 
 division be organized to admonish the President of the Re- 
 public that the navy remains faithful to the Constitution, 
 and that in obedience to its dictates it is absolutely indis- 
 pensable, that the annual law be passed that authorizes and 
 legalizes its existence. 
 
 In virtue of their powers the undersigned name and ap- 
 point the Captain, Don Joije Montt, Chief of the Naval 
 Division, remaining themselves on board the flag-ship to 
 attend to the development of the movements in defence of 
 tlie Constitution of the Republic. 
 
 (Signed) WALDO SILYA, 
 
 Yice-President of the Senate. 
 RAMON BARROS LFCO, 
 President of the House of Hepresentatlres. 
 To the Capt. of the Navy, Don Jorje 21ontt, 
 
 and to the Chiefs and Officials of the Fleet. 
 
 III. 
 
 Acceptation of Capt. Montt as Commander of the 
 
 Fleet. 
 
 Yalparaiso, &th of Jitnuary, 1891. 
 In virtue of the considerations presented in the preced- 
 
31 
 
 ing note and resolutions, I accept the appointment which has 
 been made in my person to organize a naval division which 
 will remain under my command to fulfil all orders emanating 
 from the above-named delegates of the National Congress. 
 
 I order the present resolution and the note of the dele- 
 gates to be incorporated in the " order of the day," that it 
 be known , to the chiefs, the officials, and the tripulation of 
 the fleet. 
 
 Let this be archived. 
 
 (Signed) JOEJE MONTT. 
 
 IV. 
 Organization of the Constitutional Government. 
 
 Iquique, April 12, 1891. 
 In virtue of these antecedents, and considering : 
 
 1. That the land and naval forces, in obedience to Con- 
 gress, have already occupied three provinces of our territory ; 
 
 2. That the necessity of establishing over them the em- 
 pire of the laws, .which cannot be effective without a proper 
 organization, is urgent ; 
 
 3. That these provinces produce the greatest part of the 
 national revenues, and that it is indispensable to organize 
 correctly their collection and disbursement; 
 
 4. That the task which the country has resolutely under- 
 taken will not have ended until the Constitutional regime and 
 the violated popular rights have been secured ; 
 
 5. That the foregoing ends can only be obtained by adjust- 
 ing the administrative acts to our Constitutional form of 
 government, which establishes an executive power with re- 
 sponsible secretaries. 
 
 It is decreed : 
 
 1. -The Provisional Government Junta formed by the under- 
 signed is declared duly organized. 
 
 2. All acts and decrees of this Junta must be signed by 
 its President and the secretary of the respective depart- 
 ment. 
 
 3. Let four departments of the Junta be organized, to wit : 
 {a) That of the Interior and Public Works. 
 
 {h) That of Foreign Eelations, Justice, Worship, and Pub- 
 lic Instruction. 
 
 (c) That of the Treasury. 
 
 [d) That of War and the Navy. 
 
32 
 
 Each of these Departments will be filled by a responsible 
 secretary, and by officials who will be named at the proper 
 time. 
 
 (Signed) JOEJE MONTT. 
 
 WALDO SILVA. 
 RAMON BAEEOS LUGO. 
 Secretary, E. VALDES VERGAEA. 
 
 Iquique, April 13, 1891. 
 We have resolved and decree : 
 
 Mr. Isidore Errazuriz is named Secretary of the Junta, 
 of Government in the Department of Foreign Eelations, 
 Justice, "Worship, and Public Instruction. 
 Eecord and communicate. 
 
 MONTT, 
 SILYA, 
 
 BAEEOS LUGO. 
 
 Iquique, April 13, 1891. 
 We have resolved and decree : 
 
 Mr. Joaquin Walker Martinez is named Secretary of the 
 Junta of Government in the Department of the Treasury. 
 Record and communicate. 
 
 MONTT, 
 SILYA, 
 
 BAEEOS LUGO. 
 
 Iquique, April 13, 1891. 
 We have resolved and decree : 
 
 Mr. Golouel ' Adolfo Holley is named Secretary of the 
 Junta of Government in the Department of War and Navy. 
 Eecord and communicate. 
 
 MONTT, 
 SILYA, 
 
 BARROS LUGO. 
 
 Iquique, May 8, 1891. 
 We have resolved and decree : 
 
 Mr. Manuel Jose Irarrazaval is named Secretary of the 
 Junta of Government in the Department of the Interior and 
 Public Works. 
 
 Record and communicate. 
 
 MONTT, 
 SILYA, 
 BAEEOS LUGO. 
 
33 
 
 V. 
 
 Recognition of the Constitutional Government as 
 Belligerent by Bolivia. 
 
 ANICETO ARCE, 
 
 ConstihUional President of the Republic of Bolioia. 
 
 Considering that in the civil war that exists in the neighbor- 
 ing Republic of Chile, two governments are constituted and 
 organized, representing the high public powers, with dominion 
 and armed forces on land and sea, collecting and disbursing 
 the public revenues ; that the relations of the Government of 
 Bolivia with the "Junta" of the Government established in 
 Iquique, are necessary, inasmuch as this occupies, governs, 
 and administers the territories of Antofagasta and Arica, and 
 Bolivia holds free passage for importation and exportation in 
 the first port, and a participation in the revenues of the sec- 
 ond, according to the treaty of truce ; 
 
 That the civil war in Chile being an incontestable fact, the 
 doctrine and practices of civilized nations have consecrated' 
 the principle of the legitimate right that governments have 
 for recognizing the belligerency of political parties who ven- 
 tilate their disputes with arms, being obligatory besides, for the 
 Bolivian government, to maintain the fiscal and commercial 
 interests of the nation without this being a motive for alter- 
 ing the loyal observance of neutrality ; 
 
 Having consulted the Council of Ministers, I decree : 
 
 The Government of Bolivia recognizes as a belligerent the 
 " excelentissima Junta of government " which acts in the 
 name, and in representation of Legislative Power of Chile, 
 in the civil war sustained with the President of the Republic 
 who acts in the name, and in representation of the Executive 
 Power. 
 
 The Senor Minister of Foi-eign Relations is ordered to 
 answer for the execution and fulfilment of this decree. 
 
 Given in the city of La Paz, the 27th of the month of 
 May, 1891. 
 
 ANICETO ARCE. 
 
 Telmo Iohazo. 
 
 Jenaro San.jines. 
 
 Seveeo Fernandez Alonso, 
 
 Seeapio Reyes Ortiz. 
 
34 
 
 VI. 
 
 Decree of Mr. Balmaceda Declaring Himself Dictator 
 and Setting Aside the Laws. 
 
 Santiago, Jaivuiry 7, 1891. 
 
 I decree : 
 
 From this date I assume all pul>lic power necessary for 
 administering and governing the State and maintaining order 
 in the interior. 
 
 Therefore, from this moment, rreinj law that would forbid 
 the exercise of the powers required for preserving order and 
 tranquility in the interior, and security in the exterior of the 
 State, is suspended. 
 
 Record and publish in the official journal. 
 
 BALMACEDA. 
 
 D0MIXG(.) CtO]>(_)Y. 
 
 Ikmael Perez. 
 
 J. M. Yaldes Cakeera. 
 
 Jose F. Gaxa. 
 
 G. Mackenna. 
 
35 
 
 VII. 
 
 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. 
 
 Santiago, Fehruary 11, 1891. 
 Oonsifleiing : 
 
 That the majority of Congress has violated tlie constitu- 
 tion and has revolted against the Constitutional Government 
 of the Republic, producing the disastrous consequences of a 
 revolution, and the subversion of public order, attempting 
 against its own existence, and dissolving itself de fucio ; 
 
 That it is thejluty^ of J;he__cliief^o|^ the Stateto pimiipte effi- 
 cacioiisly the re- establishment of the Constitutional Teglmu, 
 not only by remedying th^jmisfoiiuueSjre 
 lution, but also^.by suppressing the original- causfis of the ^ 
 conflict for the purj)ose of securing for the future sta bility of 
 the institutions, peac(^Jji tliejteripr Ivrirl respects for jEhe 
 nation in foreign^ countries ; and finally. 
 
 That it is impossible to accomplish these ends, confining 
 one's self to the powers that the constitution and the laws 
 have established for the exercise of Government in normal 
 and ordinary conditions, and that it is for this reason indis- 
 pensable to make an appeal to the people, sole judge and 
 sovereign, for the election of a Constitutional Congress that 
 could adjust the exercise of said powers, reform, as woidd be 
 judged the most convenient for the attainment of this object, 
 and give a definite solution to the contentions which might 
 exist between the powers of the State ; 
 
 I decree : 
 
 Aet. 1. Elections for Senators, Representatives, and Mu- 
 niciptd officers will be held in all the Provinces and Depart- 
 ments of the Republic. 
 
 Akt. '.2. The Senate and the House of Representatives will 
 constitute a Congress for revising the Constitution of the 
 State, as far as may be necessary for guaranteeing public 
 order, security of the interior, and for establishing the attri- 
 butes of the State powers, in order to avoid conflicts. 
 
 Art. 3. The elections will be held in obedience to the 
 
36 
 
 electoral law of the 20th of August, 1890, on the basis of the 
 existing registers, and with the following modifications : 
 
 (ff) The voting will take place the last Sunday of the 
 month of March next, and the session of Congress will com- 
 mence the 20th of April following. 
 
 {/j) The sjstem of voting will be that ordered in the 65th 
 article of the law of the 9th of January, 1884. 
 
 (c) Desks for inscribing votes are suppressed. 
 
 (d) The election boards will be installed, and authorized 
 to execute all acts that by law correspond to them, with the 
 concurring members. 
 
 (e) The Public Comptroller will replace the President of 
 the Senate in the attributes conferred on him by the law. 
 
 (/) In default of the first alcalde he will be supplied by 
 the second ; the absence of this last, by the third, and in the 
 same manner with others. 
 
 Art. 4. The President of the Eepublic will be elected in 
 the manner and in the conditions established by the 'Consti- 
 tution of the State. 
 
 Aet. 5. The eifects of the law of the 12th of December, 
 1888, concerning incompatibility, will be held in suspense 
 until further orders, as also the 2d and 3rd articles of the 
 law of the 28th of August, 1890, relative to unions of the 
 Provinces and Departments for the election of Representa- 
 tives and Senators. 
 
 xIkt. 6. The execution of this present decree and the reso- 
 lution of difficulties that may occur, will be under the direc- 
 tion of the Secretary of the Interior. 
 
 Record and publish. 
 
 BALMACEDA. 
 
 Claltdio Yicuna. 
 
 Domingo Godoy. 
 
 ISMAEL PeKEZ. 
 
 J. M. Valdes Caeeeea. 
 Jose F. Gana. 
 G. Mackexna. 
 
37 
 
 VIII. 
 
 Decree of the Constitutional Government declaring 
 null and void of effect the elections convoked by 
 the Dictator. 
 
 Iquiqub, March 9, 1891. 
 Considering : 
 
 1. That by the decree of the 11th of February of this year, 
 the Dictator Balmaceda dissolved the National Congress, 
 and ordered a new election according to rules dictated by 
 himself, and that are contrary to the rules prescribed in the 
 electoral law. 
 
 2. That the said decree orders the total renewal of the 
 Senate, violating the Constitution that provides for its reno- 
 vation by half parts every three years. 
 
 3. That the elections ordered by the Dictator, to take place 
 on the 29th of the present month, will.be verified in anoma- 
 lous conditions, because the Eepublic is under the pressure 
 of martial law and the electoral functions in suspension. 
 
 4. That the Departments of Pisagua, Tarapaca, Tocopilla, 
 Antofagasta, Taltal, and Chanaral, which do not recognize 
 the authority of the Dictator, will not have a choice in elect- 
 ing representatives to Congress. 
 
 5. That a majority of the Senators and Representatives, 
 whose terms have not expired, are now in prison or in con- 
 cealment on account of th(! persecutions of the Dictator, and 
 for these reasons are deprived of the exercise of their elec- 
 toral rights, and the duties that the election laws require of 
 the Presidents of both Houses. i 
 
 6. That a vast number of citizens with a right to vote are 
 in the same condition as the Members of Congress — in pri- 
 son, or hiding from political persecution. 
 
 7. That a majority of the judges of elections chosen to re- 
 ceive and count the votes are hidden, or in prisons, or absent 
 from their respective departments, as is categorically rec- 
 ognized by the Dictator in the said decree of the 11th of 
 February last, for which reason he authorizes the election 
 boards to act with one member only, if the other six are not 
 present. 
 
 8. That it is the duty of the delegates of the National 
 Congress to' preserve and defend their rights, and those of 
 citizen voters, whose electoral privileges are endangered. 
 
 Let it be declared : 
 
38 
 
 Tliat the elections that are to be held on the 29th of the 
 current month, in conformity with the Dictator's decree, are 
 contrary to the Constitution of the State and to the election 
 laws, and that in no case can they impair the rights of actual 
 Senators and Representatives. 
 
 Let it be recorded and published. 
 
 (Signed) WALDO SILVA, 
 
 EAMON BAREOS LUGO, 
 Secretary, ENEIQUE VALDES VEEGAEA. 
 
39 
 
 IX. 
 Emission of Fraudulent Paper-Money. 
 
 Iquique, ^th of March, 1891. 
 The delegation of the National Congress, having learned 
 that the Dictator Balmaceda has made an issue of paper- 
 money to the amount of twelve million of dollars, thus vio- 
 lating the disposition of the Constitution and the laws which 
 have been dictated for the issue of paper-money by the 
 State, 
 
 DECLARES, 
 
 For the protection of the interests of the State and peo- 
 ple. 
 
 That the said emission of $12,000,000.00 is not guar- 
 anteed by the proceeds of the national revenue, neither can 
 it be received in the public treasuries. 
 Let it be recorded and published. 
 
 (Signed) WALDO SILVA, 
 
 EAMON BAREOS LUCO. 
 
40 
 
 X. 
 
 Decree of Mr. Balmaceda Suspending the Functions 
 of the Courts of Justice. 
 
 Santiago, 27 February, 1891. 
 Considering : 
 
 That the administration and the government of the State 
 is confided to the President of the Republic, and that his 
 authority extends to all that has for object the preservation 
 of public order in the interior and the exterior security of 
 the Republic, respecting and caiisiug to be respected the 
 Constitution and the laws, as found in 73d A^jt. of the polit- 
 ical Constitution ; 
 
 Tha-t a, pxniion of the members of Congress has violated 
 the political Constitution and the laws of the State by re- 
 belling against the President of the Republic, and by oblig- 
 ing the chief of the nation to assume all the public powers 
 necessary for^re-establishing order and social tranquility ; 
 
 That the regular and ordinary functions of the Supreme 
 Court and the Courts of Appeal, in the abnormal and extraor- 
 dinary situation, created by the revolution and the anarchy 
 of those who have commenced and sustain it, will prevent 
 the task of pacification reclaimed by the hig hesL national 
 interests, s^sdr will ibr^d uce conHicts th at will.. augment thp 
 'misfortunes^tEat^affli^t the Republic ; 
 
 i have resolved, and I decree : 
 
 Until further orders the functions of the Supreme Court 
 ' and of the Courts of Appeal are suspended. 
 
 Record, make it known, and publish. 
 
 BALMACEDA. 
 
 ISMAEL PeKEZ. 
 
INDEX. 
 
 Fase. 
 
 I. Introduction 1 
 
 n. Chile untU 1890 2 
 
 in. Oomiaencement 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. Couolusion ;: ;.... 21 
 
 Annexed Doouments : 
 I. Act of both Houses of the National Congress declaring the ina- 
 bility of Mr. Balmaceda 24 
 
 n. The Presidents of both Houses to the Oapt. Jorje Montt 27 
 
 m. Acceptation of Capt. Montt as Commander of the fleet 28 
 
 IV. Organization of the Constitutional Government ; 29 
 
 V. Beoognition 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- 
 fjring the electoral law and suspending the law of incompati- 
 bility.... .....:..,.... 33 
 
 Vm. 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 , i.... 38 
 
Cornell University Library 
 F 3098.M81 
 
 Exposition of the illegal acts of ex-Pre 
 
 3 1924 021 189 653