No. 405.
Mr. Fish to Mr. Biddle.
Washington, May 24, 1872.
Sir: Your dispatch No. 43, of the 20th ultimo, relative to the case of Ex-President Dueñas, has been received. It is learned from it with regret that, despite the assurances given to your predecessor, the life of that personage is endangered, by a charge of assassination against him for ordering the execution of Ex-President Barrios. How such a charge in such a case could have been made, or can be sustained, is inconceivable upon any received definition of that crime. We understand assassination to mean killing by surprise or secret assault. This is believed to be its import in countries where pains are taken to be accurate in the use of words, and where it is regarded as important for the public welfare to discriminate between crimes. The head of a state who sanctions a public execution cannot, legally or otherwise, if precision in the use of language be desired, be regarded as an assassin. You will consequently diligently watch and promptly report the proceedings against Dueñas, and, if his life should be imperiled, you will remind that government of the pledge given to General Torbert, and will state that it is expected that pledge will be observed. It is obvious from your reference to the constitution of Salvador that Dueñas cannot legally be executed for a political offense. It is equally plain that he should not be executed, even if absurdly convicted of the charge of assassination.
I am, &c.,