No. 315.
Mr. Torbert to Mr.
Fish
No. 48.]
United States Legation, San Salvador, April
21, 1871. (Received May 16.)
Sir: The undersigned, minister resident, has the
honor to inclose herewith a copy, and translation of the same, (marked A,)
of a dispatch received from the minister of foreign relations for Salvador
and his answer to the same, (marked B.)
This has been a delicate and painful duty for me; so the first note which was
received I showed to Señor Dueñas, and he not being satisfied with the
wording as to the guarantee of his life, I requested the minister to send
another with more explicit language, which he did; and the note inclosed was
approved by Señor Dueñas, who is a lawyer by profession and is willing to be
tried by the laws of his country.
I am, &c.,
A.
[Translation.]
Señor Don Gregorio Arbizu to
Mr. Torbert
Department of Foreign Relations of
Salvador, San
Salvador, April 20,
1871
Mr. Minister: My government is informed that
the ex-president of the republic, Dr. Don Francisco Dueñas, is now
living in the house of the legation which is under your excellency’s
charge. The presence of Señor Dueñas in your excellency’s residence
necessarily brings to you inconvenience and annoyances, which the
government wishes to save you, by leaving you the free use of all its
dependencies and removing the guard that surrounds the house with the
object, mainly, that the same may not be assaulted, nor Señor Dueñas
insulted by some individuals of the people who are highly incensed
against him.
The government, moreover, must keep Señor Dueñas in safe custody for his
own personal security, and because, pursuant to our legislation, he must
be subjected to a trial.
Upon these considerations my government has decided to transfer Señor
Dueñas to a house that is to serve for him as a place of detention
pending the trial aforesaid, and to effect the same, desires and expects
that your excellency will be pleased to express your acquiescence to the
measure indicated.
The honorable minister of the United States must rely upon the formal
assurance which the government gives him by these presents, that the
life of Señor Dueñas will be respected as far as it may be in its power
to avoid any attempt against the same, and equally, upon any event, that
he will be kept in custody without causing him unnecessary
annoyance.
I request of your excellency to be pleased to give me a reply as early as
possible upon the subject, and to accept anew the assurances of my high
esteem and consideration.
[Page 694]
B.
Mr. Torbert to Señor Dr. Don Gregorio Arbizu, minister of foreign
relations
United States Legation, San Salvador,
April 20, 1871.
Sir: The undersigned, minister resident of the
United States of America near the government of Salvador, has had the
honor to receive the polite communication of this date which the
minister of foreign affairs for the republic was pleased to direct to
him, claiming the delivery of the person, ex-president Señor Dr. Don
Francisco Dueñas, who is now living under the protection of this
legation.
In virtue of the reasons adduced in said note, and on account of the
solemn guarantee of the supreme government, (and the personal assurance
given him by the President himself,) that in no case will Señor Dueñas’s
life be forfeited, he has the honor to reply to Señor Dr. Arbizu,
minister, &c., for the information of his government, that he
accepts the guarantee and is ready to deliver the person of ex-president
Señor Dr. Don. Francisco Dueñas to the agents who may be appointed by
the supreme government of Salvador to receive him.
Having due respect for the sovereignty of the state, this action is
taken, and it is a matter of great personal satisfaction to the
undersigned that the government gives the assurance that Señor Dueñas
will be treated during his detention with special consideration.
With the highest consideration and esteem, I remain, &c.,
&c.,
