EVENTS SUCCEEDING THE ELECTION. 317 



SASTTAOO, October 25, 186 1. 



SIR: I have the honor to inform your Excellency that, conformably to orders from the cotn- 

 nminler in (hid of II. M. forces in the Pacific, Commander Paynter, of H. B. M. steamer 

 Gorgon, took possession of a steamer culled the Arauco, at Talcahuano, on the 15th of October 

 tot. 



.In the note that I had the honor to receive from your Excellency on the 12th of October, your 

 Excellency enclosed to me a copy of a decree from the l'i -;,!, -nt of the republic of Chile, to the 

 effect that this steamer no longer enjoyed the protection of the Chilean flag, nor was considered 

 ;^ a Chilean vessel; and the decree went on to say that the Arauco might be legally capture- 1 

 by any ship, for the protection of the interests of any nation that it might compromise. 



The case has occurred. The steamer Arauco has been the instrument by means of which. 

 Britannic interests have been prejudiced, by means of which British subjects resident in Chile 

 have been misused and despoiled of their property, and by means of which British insurers may 

 suffer great losses. 



However a British agent may lament to see a prosperous and flourishing country, as is the 

 republic of Chile, faithfully allied to Great Britain, blessed until now by peace, with an enlight- 

 ened government making constant progress and forwarding commercial prosperity, and with a 

 President recently elected by the popular will however he may lament to see a similar country 

 in the midst of civil war and internal dissensions, it is his duty to preserve a neutral position 

 and leave internal difficulties of the country near which he has been appointed to be regulated 

 by the constituted authorities. 



But when there are two contending parties, it is also the duty of the diplomatic agent to take 

 care that one of these two parties does not avail itself of circumstances to injure interests of his 

 compatriots. That one of these parties may be empowered by civil war to overthrow the gov- 

 ernment of its country, violently and piratically take possession of a steamer under British 

 colors, and make an unlawful use of it for its private ends that this same party may prejudice 

 British interests, as in the case of the steamer Arauco, cannot be permitted. 



It is for this reason that, by order of the commander -in-chief, the Firefly was taken ; that 

 indemnity has been twice demanded, and security exacted for the payment of the demand. It 

 is on this account that the same commandant issued the order for the capture of the Arauco. 

 But no unprejudiced person will pretend to discover in these measures an infraction of neu- 

 trality. 



I avail myself of this occasion to renew to you the assurance of my high consideration. 



H. S. SULLIVAN. 



His Excellency Don ANTONIO VARAS, 



Minister of Foreign Affairs, &c. 



REPLY. 



SANTIAGO, November 7, 1851. 



SIR: I have had the honor to receive, and have made known to the President, your note of 

 the 25th of last month, in which you inform me that Commander Paynter, of H. B. M. steamer 

 Gorgon, had taken possession of the steamer Arauco at Talcahuano on the 15th of the same 

 month, in accordance with orders received from the commander-in-chief of H. B. M. naval 

 forces in the Pacific. 



You refer for the motive of this to the supreme decree of the 12th of October, in which it is 

 declared that the Arauco no longer enjoys the protection of the Chilean flag, and may be legiti- 

 mately captured by any vessel in protection of the interests of the nation to which she might- 

 belong and that the Arauco might prejudice. You show that the case anticipated in the decree 

 had been verified, and have made an exposition of the principles which, in the present condition 



