No. 62.
Mr. Baker
to Mr. Gresham.
Legation of
the United States,
Managua, June 11, 1894.
(Received July 3.)
Sir: Referring to yours, dated May 12, and received
by me June 6, I have to say: After carefully reading this communication, I
had a copy made of it, which I lost no time in taking in person to the
office of the minister of foreign affairs. I slowly read the communication
over in the presence of that officer and his subsecretary. In closing, I
repeated the reading of the closing paragraph in full, that no
misapprehension might possibly exist. * * *
I deemed it not inappropriate to make known to the minister, in this
connection, the following cable from Captain Watson, which I had received
before your instructions reached me:
Have copies of instructions sent you dated May 12 and 24 concerning
demands in Argüello case. Ready to assist with all my force.
After the conclusion of my official visit I quietly called attention to the
tenor of Captain Watson’s cable and remarked that I would be pleased to have
this Government’s response at the earliest convenient moment, since, Captain
Watson was awaiting at Colon a reply from me. A response was promised Within
a few hours, positively that afternoon at latest. Just fifty-three hours had
elapsed when I received the paper marked Inclosure No. 1. I regret to find
no assurance in this communication “that the murderer’s accomplice, Noyles,
shall be dealt with according to his deserts,” or that this Government will
“adopt such measures as will leave no doubt of its sincere purpose and
ability to protect the lives and interests of the peaceable citizens of the
United States dwelling in the Mosquito Indian Reservation and to punish
crimes committed against them.”
In this unofficial conversation I stated that I was at Bluefields at the time
Argüello walked out of prison the second time; that it was a misnomer to
call his going an escape; that he simply walked out of a door that had stood
wide open all day and through which he had passed in and out at pleasure,
substantially unguarded; that his mistress had come and gone at intervals
during the day and for some time previous $ that he deliberately walked out
in the full light of day, going into the forests near by at an hour so near
nightfall as to make a sucessful pursuit, unless promptly made, difficult;
that Mr. Lacayo’s chief officer, General Ruhling, who was immediately
responsible under Lacayo for the safe-keeping of the prisoner, had been
notified by an American resident whose affidavit I had to that effect, of
the manner in which Argüello was left unguarded and permitted to walk about
the grounds, 100 yards distant from the prison building; that General
Ruhling made no move, until after the news of the prisoner’s absence had
been received, looking to a greater degree of security; that General Lacayo
stated his conviction that Argüello
[Page 104]
guard to allow him to escape, and
when inquired of as to whether this derelict (or bribed) guard had been
placed in prison for his supposed crime, replied that he had been sent to
recapture the prisoner.
I stated to him that I had General Ruhling’s admission, made to me in person,
that during the afternoon of the day following the prisoner’s walkout, he
(General Ruhling) saw him (Argüello) in the outskirts of Bluefields, not 100
yards from him; and when asked why he did not give the alarm and arrest the
culprit, replied with a smile that he (Argüello) did not wait to be
arrested. I mention this as an evidence of the lack of energy and
earnestness which characterized the pursuit of the so-called fugitive.
I stated further, in this unofficial way, and for the purpose of contributing
my mite to the minister’s information assisting him in seeing his duty in
the premises, that Mr. Lacayo’s everyday actions created uneasiness among
the foreign residents; that his continuance in office is a menace to the
peace of that community, and made it impossible (if there were no other
reason) for the United States to withdraw her war ships from those waters;
that Nicaragua, by the continuance of this irresponsible man in this highly
responsible position, was her own worst enemy.
Accompanying Inclosure No.1 are many documents bearing upon the Wilson murder
and the efforts to discover and punish his murderer, which I may not succeed
in having translated in time to accompany this in the mail which should
depart to-morrow. They are telegrams and orders to officers in regard to the
imprisonment, trial, etc., of the culprit, and throw no new light upon the
transaction. I shall forward them in this mail if possible, if not possible,
then in the next mail.
Inclosure No. 2 is a communication in answer to one I sent to the minister on
the day of my arrival from Bluefields, May 21. Although dated May 26, it did
not reach me until the 27th, too late to-get into the mail that was due to
depart on that day for the United States.
All of which is respectfully submitted.
I have, etc.,
[Inclosure No. 1 in No.
62.—Translation.]
Mr. Madriz to Mr.
Baker.
National Palace,
Managua, June 8,
1894.
Mr. Minister: The day before yesterday morning
I had the honor to receive a visit from Your Excellency, during which
you read me a dispatch from the Secretary of State of the United States,
dated at Washington on May 12, last, relative to the murder of an
American, William Wilson, at Rama, and that Government’s complaints
against the Nicaraguan authorities who had charge of the custody and
trial of the culprit.
After briefly reviewing the information received by that Government
concerning the incident, Mr. Gresham says that the whole business is
marked by such contempt for the most obvious dictates of justice, and
such disregard of the simplest obligations of international duty as to
call for urgent and solemn protest on the part of that Government.
He concludes by demanding:
- (1)
- That the Government of Nicaragua shall manifest its
disapproval of the conduct of its officers in terms admitting of
no misapprehension.
- (2)
- That the culprit, Argüello, be brought to immediate
trial.
- (3)
- That Governor Torres be dismissed from office.
- (4)
- That the murderer’s accomplice, Noyles, be dealt with
according to his deserts.
- (5)
- That the Government of Nicaragua shall adopt such measures as
will leave no doubt of its sincere purpose and ability to
protect the lives and interests of the peaceable citizens of the
United States dwelling in the Mosquito Indian Reservation and to
punish crimes committed against them.
On many different occasions, by word and letter, this Government’s
feelings regarding this matter have been explained to your excellency,
and the pain with which it has seen Governor Torres fail so greatly in
his path of duty by not complying with the demands of public vengeance.
Its disapproval of that officer’s conduct, demonstrated by his prompt
removal, as your excellency knows, has been made clear and manifest, so
that the responsibility resulting from his acts can not be attributed to
the Government.
The Government has not made those explanations merely as a matter of
duty, but because it wishes to demonstrate the fact that its course is
prompted by a high sense of right and justice.
As commissioner of the Supreme Government to the Atlantic Coast I did
everything in my power, always conforming strictly to law, in the case
of ex-Governor Argüello, and it was the undersigned who dismissed
Governor Torres as soon as he had evidence of his culpability. I think,
therefore, that the following words, quoted from the said dispatch, can
not apply to the officer who now addresses your excellency: “And
emphasize the indifference of the superior Nicaraguan agents to their
plain duty in the matter.”
In regard to the other remarks of Mr. Gresham in the dispatch, I inclose
documents which will go to prove that from the beginning this Government
has been animated by an unchangeable purpose of having justice done.
Consequently I decline the protest which was directed to you, and trust
that your excellency’s Government will find the explanations
satisfactory.
Your excellency’s Government may rest assured that mine will strictly
fulfill its duty with as much zeal us you defend your rights.
Captain Watson’s telegram, a copy of which was joined to the dispatch,
seems to indicate the possibility of his employing forcible means in our
territory; and my Government sees a certain similarity between his ideas
and your excellency’s, as expressed to me in a recent interview when you
said that Captain Watson was awaiting your instructions to commence
action.
My Government, feeling sure that it has faithfully fulfilled its duties,
awaits calmly and without fear anything which may occur. In the same
interview your excellency explained this point to me more clearly, but
conforming to your desires it will be considered as a personal
statement.
I hope that your excellency will inform me of any objections you may have
to this explanation.
I have the honor to reiterate to your excellency the expressions of my
esteem and most distinguished consideration.
[Page 106]
[Inclosure 2 in No.
62—Tranalation.]
Mr. Madriz to Mr.
Baker.
National
Palace,
Managua, May 26,
1894.
Mr. Minister: I have the honor of replying to
Your Excellency’s letter of the 21st instant, in which you state that on
your return from the Mosquito Reservation you found at the legation
instructions from the United States Government respecting the
disgraceful affair of the William Wilson murder.
After that incident, which my Government sincerely deplores, had
occurred, the commissioner of the Republic to the Mosquito Reservation
and governor in chief of the Siguia district, appointed, in place o
Argüello, Col. Luis Cartin, to whom he gave special instructions to
prosecute according to law the case against Wilson’s murderer. The
criminal having escaped, and the commissioner thinking there was some
culpability on the new governor’s part, temporarily replaced him by
appointing a young American named Goodel. Goodel accepted the office,
but there were obstacles which prevented his taking possession, and
therefore it was necessary for Colonel Cartin to continue in chargé
especially as his explanations of his conduct were satisfactory.
When the preliminary proceedings had been finished and the absent
criminal summoned by proclamations displayed in public places, in
conformity with the law relating to such cases, the governor of Rama,
Col. Francisco Torres, came from the interior to Bluefields, bringing
Argüello with him, so that his trial might be held in the place where he
had committed the crime.
Repeated orders were given Colonel Torres to proceed with the trial
strictly in conformity with the law, and that during the criminal’s
arraignment he should be kept in a secure prison. But having afterwards
learned that Governor Torres had not acted strictly in accordance with
my orders, and also taking into account the representations of the
captain of the American man-of-war San Francisco,
I suspended him, at the same time appointing in his place a person who
knows how to perform his duty. On the Government’s approval of Mr.
Torres’s temporary suspension, it was made permanent.
In order to complete a judicial proceeding the criminal was taken to
Bluefields, from whose prison I have learned that at a late hour he
escaped.
It is very lamentable that such a thing may have occurred, but I can
assure your excellency that the ministry of justice has issued orders
for his capture, and has also instructed the judge of the case to
continue the proceedings; and in default, to summon the criminal by
edicts, and complete the case according to law.
Regarding that which refers to Commissioner Lacayo’s participation in
this matter, I will say that during my stay in Bluefields far from from
finding in him even the most trifling partiality, he always displayed
the greatest interest in having justice done; and I witnessed his
displeasure at what had occurred and his resolution to remove Colonel
Cartin the day he learned of Argüello’s first escape.
I have ordered a copy of the various documents relating to that affair to
be prepared, and as soon as they are finished I will send them to your
excellency.
I wish that I could inform you of the satisfactory settlement of that
vexations affair; but that not now being possible, I can assure you that
[Page 107]
the Government will
diligently endeavor to procure the capture of the murderer and give him
a legal trial.
The Government’s desire to see justice done is demonstrated by the manner
in which it disapproved of Governor Torres’s conduct by removing him,
and that it has asked for the latest reports of any responsibility which
may rest upon Commissioner Lacayo; for, as I have said before, during my
visit there Mr. Lacayo’s action in the Argüello affair could not lead me
to form a just charge against him.
I will take care to keep Your Excellency informed of whatever notices I
may receive, for I know that the reports which I have ordered will keep
me frequently informed of the course of the events.
I avail myself, etc.,
