No. 400.
Mr. Middle to Mr. Fish.
Legation of
the United States,
Son
Salvador, April 19, 1872.
(Received May 18.)
No. 42.]
Sir: Referring to my No. 39 and its inclosures,
I have now the honor to transmit to you a copy and translation of a
circular from the ministry of foreign relations of Salvador, dated the
8th of April, instant, addressed to the governments of Central America,
informing them of the close of official relations with Honduras, and the
imminence of actual war. It concisely reviews the conduct of Honduras,
animadverts on its whole course, and presents the justification of
Salvador.
On the 10th instant, also, President Gonzalez addressed to his
fellow-citizens and to the people of Central America a
“counter-manifest,” in reply to that published by the President of
Honduras, a copy whereof is hereto annexed, in which the arguments of
the first-cited circular are elaborated with documentary
illustrations.
I also transmit for your information a copy and translation of an
anonymous circular, but which is supposed to be the production of a
leading opposition senator,* * * in which the course of President
Gonzalez is severely criticised as unconstitutional, it being the
prerogative of the congress to declare war, make peace, and to authorize
voluntary or forced loans. Banishment from the State is restricted to
cases which have received judicial sanction. On the other hand, the
government party contend that the first, second, third, ninth, tenth,
eleventh, and seventeenth sections of the forty-seventh article of the
fundamental law justify the action of the President in the emergency.
(See my dispatch No. 13, upon the constitution.) The truth is, dangerous
re-actionary elements begin to appear, and the fortunes of war will
probably expound the existing constitution and resolve the fate of the
government, as throughout this century they have done in Central
America. I believe President Gonzalez to be a pure patriot and honest
man. I believe he has been driven into a war which he would fain
have-avoided; but what the political result may be it is impossible to
predict. Allied with Guatemala, and encouraged with the prestige of
victories within one year of this date, the cause of Salvador is
hopeful, while the forces of Honduras have a high reputation as soldiers
and are comparatively numerous. Salvadorean troops are massing at
Chaletenango and at Sensuntepeque, but no battle has yet occurred.
Proceedings against the Jesuits have fallen into abeyance, and the few
here are not as yet disturbed, notwithstanding their having received
notification to quit. The individuals banished have been those against
whom specific charges existed.
I have, &c.,
[Inclosure No. 1.—Translation.]
National Palace, Ministry of Foreign Relations of the
Supreme Government of the Republic of
Salvador,
San
Salvador, April 8,
1872.
[From the Boletin Oficial of Salvador
of 11th April, 1872.]
[Circular to the governments of Central America.]
Señor Minister: The supreme government of
Honduras, by decree of the 25th of last March, has closed its
official relations with the government of Salvador and has
[Page 528]
prohibited every kind of
communication between the two republics, placing itself in an
attitude of war.
For some time the government of Honduras has labored more or less
covertly to change its relations with this republic, and under the
guise of peace has constantly been making warlike preparations to
that end.
The government of Salvador would have had abundant reasons to ask
explanation from Honduras of such conduct not in harmony with the
spirit of cordiality and frankness which should exist between two
friendly governments; but it has been compelled to observe in this
respect the most prudent reserve, confident that, conserving the
best relations with the government of Honduras, and not having
desire to quarrel, it might not be possible that that government
should assume with respect to Salvador an attitude plainly
hostile.
To cloak such a proceeding, the government of Honduras has seized as
pretexts to the negativing by this government of unfounded claims,
and of the conclusion of a treaty between this republic and that of
Guatemala. These causes cannot serve as any foundation to justify
the terms of the referred-to decree, for this was promulgated even
pending the deliberations on claims, and as to the celebration of
the treaty, besides such not being a cause of war consonantly to the
principles of international law, the government of Honduras has not
initiated any reclamation in this respect. For the rest, the
government of Salvador is disposed to work agreeably to that
demanded by the public order and by the national dignity and
honor.
The remaining terms of the cited decree comment upon themselves, and
one feels, Señor Minister, that in one section of Central America
governmental acts may be marked with little accord with the
beneficent and humane principles which the cause of civilization has
conquered in the lapse of time.
The Salvadorean government has directed the measures which
circumstances demand for the national defense, and, in the mean
time, it is pleasant to continue cultivating the most friendly and
fraternal relations which exist, and should exist, between Salvador
and the government of your republic, where it will be understood
that the attitude which this government has finally assumed, in
virtue of the unjustifiable course of the Honduranean cabinet,
cannot in the least affect the interests of your country nor
Government.
Especially presenting this to the knowledge of the government of your
republic, through the worthy instrumentality of yourself, I
subscribe myself, (in the absence of the minister chief of
section,)
To the Honorable Señor Minister of Foreign
Relations
Of the Supreme
Government of the Republic of—.
[Inclosure 2.—Translation.]
The revolution which triumphed in Santa Ana a year ago had for its
foundation that guarantees were trampled upon, that the public
liberties had disappeared, and that it was necessary by that means
to redeem them or to conquer them. The resolutions of the villages
abound in charges against the fallen administration, and the
messages contain the detail of all the causes which compelled the
revolution. Then was hastened the convocation of a constituent
congress, and the provisory government anticipated itself in
declaring the liberties intrusted.
The constituents, possessed with the same sentiments, fall of
patriotic fire, and knowing the evils it was necessary to remedy,
decreed the constitution of the 16th of October, 1871, and,
satisfied with their work, retired to their hearths, confident of
having assured the rights of the Salvadoreans, and that a law so
instituted would be respected and obeyed. But where are now those
libertise? Where those guarantees? As yet the constitution has not
lasted a year—fresh even the ink with which it is written—and that
fruit of the griefs and tears of families, of the blood shed in this
crisis to the whole republic, has almost disappeared. Such and so
oft-repeated attacks has it suffered in the few days of its
existence.
A treaty was celebrated with Guatemala wounding it in its most
vulnerable part, arbitrary imprisonments have been made, individuals
have been banished without judicial process, and loans are solicited
without the corresponding authorization; and, that there may be no
doubt that there does not exist any constitutional order, a decree
of the executive has been distributed to the four winds which
declares the nation in a state of war, infringing the precious
guarantee which Salvadoreans have for free locomotion.
It may be said that such a measure is a just, retaliation against the
government of Honduras in consequence of its decree of the 25th of
March last passed; but this is merely preventive, and perhaps the
result of the preparations for war which they have been making in
the city of San Miguel; and who knows but that it has been
influenced by the denunciations made in the newspaper El Porvenir of Nicaragua, which declared
[Page 529]
that nothing less than a
crusade was planning to make of Honduras another unhappy Poland.
But let this he as it may, that which we propose to
demonstrate-is-that the decree of our government is unconstitutional
and threatening to individual guarantees, and we proceed to prove
it. Among the attributes of the legislative power one finds the
fourteenth section of the thirty-sixth article of our charter, which
thus provides: “To declare war and make peace with regard to the data supplied by the executive authority but
where are the data by virtue of which the
legislative authority has declared war. If the declaration does not
exist neither should war exist, and if this is not legally declared,
still the less is there power to impede free locomotion demanding
passports, for this is a result to the state of siege, which can
only be imposed by the legislative authority as by the twentieth
section of the aforesaid article.
The law of the 30th October, 1871, provides as to the condition of
siege, (and, be it understood, a siege legally declared,) that only
in those places to which it extends shall be suspended the
guarantees of habeas corpus, free locomotion,
and the right to assemble, (article 5;) but in its first article the
same law provides, “the state of siege may be declared when the
republic finds itself in a foreign war, and in this case can impose
it upon the populations threatened by the enemy, and in case of
invasion, to places conterminous to points invaded.” All these
provisions the decree of the 5th of the present month has violated,
wherefore we believe it not only unconstitutional but also
threatening to the individual guarantees; and this being certain, we
are able to say, with article 125 of the constitution, that,
“neither the legislative authority, nor the executive, nor any
tribunal or authority, can restrain, change, or infringe any of the
proclaimed guarantees, and whatever power or authority encroaches,
upon them, shall be deemed as usurper.”
In demonstrating the unconstitutionality of the decree in question,
we do not propose to weaken the action of the government, but to
preserve the national independence and honor; on the contrary, we
desire that our government shall conform its actions to the law, so
that its dispositions may bear the desired fruit.
But let us undeceive ourselves. The profound distrust which is felt
in the whole republic has no other cause than that the sacred code
of our rights has been violated, the precious fruit of so many
sacrifices. Liberty without law is confusion, it is chaos; without
this element it is only a reign of terror or the silence of
despotism, but against that reign and that terror the people ever
protest, for they cannot exist with the loss of their liberties and
rights. Law is the supreme necessity to republics, as it upholds
property and life, and upon its fulfillment existence itself
depends.
Napoleon the Third seized the liberties of France, and, as a
distraction, brought the French to the battle-field to conquer
lands; but Napoleon lost a throne, and France its prestige and its
glories. Let us preserve our liberties and laws, and despise laurels
which always wilt When fails the dew of reason and justice.
A FEW SALVADOREANS.
San
Salvador, April 12,
1872.
[Inclosure No. 3.—Translation.]
TO THE PUBLIC.
By verbal order, as it has not been possible to secure a written one,
the President of this republic banishes me without any legal
sanction. Against so arbitrary a measure I protest as contrary to
the constitution which protects all the inhabitants of the republic,
leaving until the proper time reclamations for damages against him
causing them.
I am accused of the disorders in Apopa on Good Friday. If the
government investigates it will discover my innocence, which my
parish unanimously declares, and it will appear that the quarrels of
two neighbors and the pliant credulity of President Gonzalez have
formed this tempest against truth and justice.
The priest,
