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following day (the 2d of October last) in an English steamer bound to Panamá and thence to this city, where he arrived on the 19th of November; that previous to his departure he had only time to receive a few letters of introduction to this country, having been principally thus favored by the Hon. Thomas H. Nelson, Minister of the United States in Chili, with whose warm and kind friendship deponent had been honored since his arrival in that country, this deponent having on several occasions been the channel of intercourse between Mr. Nelson and the Chilian Government-that high-minded American representative being most sincerely esteemed and respected both by the Government and people of Chili, who looked with general grief to his removal from office at the moment when, as senior of the diplomatic body of Chili, he exercised the whole of his influence to bring the Spaniards to reason. Deponent has had an opportunity of presenting but a few of Mr. Nelson's letters, among them those addressed to the Hon. Montgomery Blair, Speaker Schuyler Colfax, Senators Lane, Sumner, and a few others. Among the letters written by the Hon. Mr. Nelson, and delivered to deponent on the eve of his departure, was an unsealed one to the Hon. William H. Seward, Secretary of State, which, as Mr. Nelson is no longer in office, deponent has not delivered, but a copy of which he annexes hereto, marked A, the original being in deponent's possession, and ready to be produced under the direction of the Court.

Immediately upon deponent's arrival in this country, as aforesaid, he had an interview with the Chilian Minister, and very soon thereafter delivered several lectures and speeches in this city, for the purpose of presenting the war in Chili in its true light of honor, patriotism and justice against the atrocity of the attack on the part of Spain; that those demonstrations were made in the presence of thousands of the citizens of New York at the Cooper Institute, and at various other public places in this city. That for the same purpose he has made several publications in pamphlet form, and in the journals of this city, and has issued a newspaper in the Spanish language, under the title of La Voz de la America, of which several numbers have been published.

Deponent was in Washington in the month of January last for several days, and during that time resided in the

house of the Chilian Minister, as a member of his family. Whilst deponent was there, Mr. Seward, Secretary of State, was absent from the country, and Mr. Hunter, who acted as such, was invited to dine with the Chilian Minister, who presented deponent to Mr. Hunter as Secretary of the Chilian Legation, and deponent was also introduced as such, to the President of the United States at a public reception, and, upon other occasions, to LieutenantGeneral Grant, Major-General Sherman, and to several other high official persons.

Deponent further says he holds in his possession a document in the Spanish language, in the handwriting of the Chilian Minister, and signed by him, under the seal of the Chilian Embassy at Washington, an exact copy of which document is hereunto annexed, marked B. Deponent now holds and exercises the said office of Secretary of Legation, and is entitled to all the privileges and immunities thereof.

Deponent further says he presents the foregoing facts, and claims his diplomatic privileges because he is advised and believes he ought so to do, in the discharge of his duty to his Government, and not because he has in any manner violated the laws or institutions of the United States, all of which he has ever respected and observed.

BENJ. VICUÑA MACKENNA. Sworn to before me, this tenth of February, 1866. EDWARD J. OWEN, Notary Public, N. Y.



SANTIAGO DE CHILI, October 1, 1825.

Hon. Wm. H. Seward, Secretary of State, Washington:


I have the honor of introducing to you the eminent historian, statesman and patriot, Don Benjamin Vicuña Mackenna, who is on the eve of starting for the United States. to represent to our Government and people the con

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dition of affairs in this country. Implicit faith may be given to all that he may say on the subject.

It is scarcely necessary that I should remind you that Mr. Mackenna has ever been our warm and steadfast friend. In the Chilian Congress, in public, and through the press, he has earnestly and eloquently maintained the cause of the Union.

I sincerely hope that he will be received with the consideration due to his eminent character and public services. Very respectfully,

Your obedient servant,





The Hon. Secretary of State of Chili informs me that, by order of the Supreme Government, your Excellency has been appointed Secretary of this Legation, with the salary assigned by law, and with the retention of the office of Secretary of the Chamber of Deputies, according to the agreement of that body: the which I have the honor to communicate to your Excellency for your information., F. S. ASTA-BURUAGA.



Explanatory letter of Mr. Asta-Buruaga to Mr. E. W. Stoughton:

NEW YORK, Feb. 12.


As it may prove of interest in the case of Señor Vicuña Mackenna, in which you are counsel, to establish his character, as a man of honor and truth, in its real light, I deem it my duty to state to you that I forwarded to him, at the proper time, the appointment of Secretary of Legation according to instructions which I had received from my Government.

But as Mr. Vicuña Mackenna had not yet been officially

presented to the State Department, he was free to assume or decline that position.

This circumstance explains why the honorable Secretary of State informed the District-Attorney that Mr. Mackenna was not recorded as such Secretary at the State Department; and, at the same time, places in its true light the telegram which I sent to that functionary, stating that Mr. Mackenna may not be considered as Secretary, for which purpose I take pleasure in sending you this communication.

I have the honor to to be,

Your obedient servant,

F. S. ASTA-BURUAGA, Chilian Minister.

After reading the above documents, Mr. Stoughton declared in Mr. Vicuña Mackennn's behalf that he was ready to wave, and did wave, all his diplomatic privileges and immunities, and came forward to be tried by the common law of the country.

The Secretary of State, Hon. W. H. Seward, had, nevertheless, refused to grant any diplomatic immunity to the Agent of Chili, as shown in the following telegram and certificate:



D. S. Dickinson, United States District Attorney. Benjamin Vicuña Mackenna is not known to this Government as having any diplomatic privileges. You will proceed accordingly.




To all to whom these presents shall come greeting:

I certify that it appears, from the records and files of

this Department, that Benjamin Vicuña Mackenna is not now, and never has been, Secretary to the Chilian Legation in the United States, and that he is not and never has been accredited to this Government in any capacity which would entitle him to the privileges and immunities of a diplomatic agent, pursuant to the laws of nations and the Act of Congress in such case provided.

In testimony whereof, I, William H. Seward, Secretary of State of the United States, have hereunto subscribed [LS] my name, and caused the seal of the Department of

State to be affixed.

Done at the city of Washington this twelfth day of February, A.D. 1866, and of the Independence of the United States of America the ninetieth.


The trial, after these preliminary discussions, has been postponed to the middle of April, and the Confidential Agent of Chili is at liberty under bail of ten thousand dollars.

What the result of this trial will be time alone will show.

The people of the United States will be called upon to pronounce their verdict in the pending question, and as far as the opinion of its representatives goes, we know its real and deep significance in the account we have published of the meeting of January 6th.

The opinion of the South American countries is not yet known. But the following article, published on February the 21st, by the Mercantile Chronicle, of Panamá, an able interpreter of popular feeling among the republics of the Pacific, gives an idea of what will be the feeling exhibited toward the actual policy of the United States in those "sister republics:"


From the advices just received from New York, we learn of the arrest of Señor Mackenna, the Special agent of the Republic of Chili to the United States, charged

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