Foreign Relations of the United States, 1894, Nicaragua (Mosquito Territory)
No. 66.
Mr. Guzman
to Mr. Gresham.
Washington, July 5, 1894.
Sir: In pursuance of the promise which I made to your excellency in our conversation of this morning, I have the honor herewith to transmit to you a copy of the communication which I have received from my Government and of the inclosures to said communication.
According to our agreement, I will call at the Department of State on Saturday next, for the purpose of again conferring with your excellency.
With the highest consideration, etc.,
Mr. Madriz to Mr. Guzman.
Managua , June 4, 1894.
Mr. Minister: This office has received your excellency’s note, No. 30, of May 7, in which you acknowledge instructions Nos. 168, 169, 170, and 171.
Mosquito Reserve.—The last news received indicates that the Reserve continues in a state of tranquillity, and the Government intends shortly to issue a decree establishing certain reforms tending to order and good government in that district, such reforms, of course, having the provisional character required by the state of facts.
Minister Baker has just addressed this Government with regard to the arrival of Nicaraguan forces at Bluefields (Annex A), alleging failure to observe the agreement he made personally with the undersigned on the 5th of May, and characterizing the proceeding of the commissioner as an act of bad faith. I have answered him in the terms which you will see by the copy marked Annex B, and I invite your attention to this matter, which might possibly later on give rise to some difficulty. Such an agreement has not existed, nor could it have existed, seeing that it is not within the competence of the minister of the United States to intervene in matters which directly concern Nicaragua alone.
To the statements of my reply to Mr. Baker I ought to add that, according to a report from the commissioner, the soldiers went to Bluefields at the instance of the governor of police to assist in the pursuit of the fugitive criminal Argüello, whose capture was considered very difficult to effect with the slender police force of that town.
The commissioner reports, moreover, having advised the American minister of the motives for taking those troops to Bluefields, and adds that if the force had remained there, it was because there were well-founded grounds for fearing that a seditious movement might be attempted. However this may be, the commissioner is responsible for his acts to the Government of Nicaragua; but there is no right for the intervention of the American minister in the terms in which it is expressed.
The Argüello case.—The unfortunate incident of the death of Wilson, [Page 110] caused by Argüello, is occasioning difficulty to the Government. You already know the details of this lamentable affair, and are perfectly aware that the Government not only has deplored it in all sincerity, but also that it has done everything possible in order that the slayer of “Wilson be judged conformably to law and be punished if culpable. The temporary suspension of the governor of Rama, Señor Torres, which I ordered when I was in the reserve, has been declared final by the Government; and positive and energetic orders have been given for the capture of the offender. In a personal interview which Mr. Baker had with the President, the latter assured him that he would do everything that lay in his power and in the powers of the Government to the end that the fugitive criminal shall not escape condign punishment. This was so formulated by Minister Baker in a note of which I send you a copy.
In this communication Mr. Baker asks the removal of the commissioner, Don Carlos A. Lacayo, but without adducing against him a concrete charge whereon to base such a petition.
You should assure the Department of State that this Government has not beheld nor does it now behold with indifference the death of Wilson, and you should set forth, moreover, what has been done in this affair and the orders issued at the instance of my department by the ministry of justice, which has notified the authorities that they are under the strict duty of pursuing and capturing the delinquent. In the meantime the criminal is being tried in contumaciam in conformity with law.
Consul Bingham.—The withdrawal of the exequatur of the consul of Her Britannic Majesty at San Juan del Norte, Mr. Herbert F. Bingham, gave rise to representations on the part of the honorable English minister, Audley Gosling, who personally asked of the Government, the restoration of the said exequatur, alleging that no ground had existed for the determination of this Government. In the field of [international] law this department could successfully defend that action, but the undersigned determined to forego the purely theoretical discussion to which this would give rise without any positive result, and stated to Mr. Audley Gosling that he was disposed to hear friendly explanations but not to accept as a justification the reasons which he, Mr. Gosling, had adduced.
Mr. Gosling agreed thereto, as you will see by the memorandum of the conference which I have had with him, and * * * in view of those explanations the Government deemed it appropriate to restore the exequatur in the terms set forth in the order which I send you. * * * Perusal of the memorandum shows you that in this matter the dignity of the Republic has been maintained. I also send you copy of my report to the subsecretary in charge of the office relative to the conduct of Mr. Bingham in the occurrences at Bluefields.
Consul Braida.—Minister Baker communicated with this Government, representing in a friendly and cordial manner that he recognized the right, and even the justice, which pertained to Nicaragua in withdrawing the exequatur of the consul of the United States at San Juan del Norte, Mr. Sigismund C. Braida; but that as a tribute to the good relations existing between the two countries, and in view of the attitude latterly maintained by Mr. Braida in regard to the affairs of Mosquito, which had been friendly and respectful toward Nicaragua, he asked the restoration of the exequatur, which was done for these reasons and on account of the desire which the Government has to prove that it feels for that of the United States the best sentiments of friendship. [Page 111] By so doing there was, moreover, avoided the unfavorable impression which might have been produced in the mind of the American Government by only returning Consul Bingham’s exequatur. The order by which it was directed that Mr. Braida shall continue in the exercise of his consular functions (Annex P) speaks for itself in explanation of the determination of the Government in this regard.
* * * * * * *
The present communication having been thus far drafted, there has just occurred to-day the following incident. Minister Baker came to this department in company with Gen. Daniel Macauley, agent of the canal company, to state that he has clear and expressive instructions from his Government to support the said compauy in its claim touching the proposal of the ministry of fomento concerning the forfeiture of the Cardenas-Menocal contract, that it be submitted to the decision of a tribunal of arbitrators to be organized in conformity with article 55 of the contract. A similar statement was made by Mr. Baker two days ago to the President of the Republic. Mr. Macauley has already addressed to the respective ministries a letter in reference to this matter, which is under consideration.
In the course of the interview Mr. Baker said, in this ministry, that President Cleveland, and Secretary Gresham as well, were under the impression that Nicaragua was hostile to the Americans. And when I spoke to him touching the reasons he had for so believing, he answered me that it was proved by the attitude of this Government with regard to the canal company, since he did not think that Nicaragua could, conformably with law, declare the lapse (insubsistencia) of the contract for the st#e fact of the company not having fulfilled the clause which stipulates the canalization of the Tipitapa, and that in doing so it would act in a spirit of opposition to the undertakers, whose credit was profoundly affected by the statements of the ministry of fomento in the note of April 2, last, relative to the tribunal of arbitrators above referred to. That motives for that impression in the mind of his Government were found in the fact that the Government of Nicaragua had consented to the seizure, in San Juan del Norte, of the property of the company for the benefit of private individuals, and to the grave injury of the company. In referring to this Mr. Baker emphatically uttered these words: “To steal the property of the company.” And he wound up by saving that the conduct of Nicaragua in the Argüello incident proved such hostility from the moment it supported Commissioner Lacayo, whose course lie characterized as shameful (vergonzoso).
With the circumspection which was necessary, I answered Mr. Baker, dispelling his charges. I said to him that on more than one occasion had this Government given proofs of good will and condescension toward the canal company, cheerfully lending its aid to the settlement of serious difficulties, which perhaps originated with the company itself; and that in the present ease, from the moment that the company had now addressed the Government through its agent seeking to invalidate the declaration of the ministry of fomento, I did not see that for our part the way was closed to a just, equitable, and friendly arrangement in view of the magnitude and importance of the opening of our interoceanic transit. What the ministry of fomento desired was to safeguard the rights of Nicaragua, and not in any way to injure the credit of an enterprise in which the future of this country was bound up.
With respect to the embargo of the property of the construction company in San Juan del Norte, in virtue of an order issued by the judicial [Page 112] power independently of the executive, I stated to him that I could not, in any manner, impute to the Government the fault thereof; and you will recall that in respect-to this particular there exists an official communication from this department, of which I sent you a certified copy at the time, in order that if it were necessary you might throw light upon things at Washington.
As touching the incident of the death of Wilson, I adduced more or less fully the convincing proofs, which you already know, of the action of the Government directed to the capture of the fugitive criminal, and his trial according to justice by the proper authorities.
Mr. Baker concluded his interview by saying that the American war vessels New York and San Francisco still remained on our Atlantic Coast, and that Captain Watson had telegraphed to him asking orders as to his movements; but that he, Mr. Baker, had not sent him orders, as he was awaiting instructions from the Department of State, already announced to him, and which he supposed were on the way.
As it may be that behind all this there may be found something which might seriously compromise our interests in the reserve, it is proper that you should ascertain what truth there is in it in order to ward off unhappy consequences, and avoid the upright judgment of the American Government being distorted by reports destitute of truth.
I omitted to say to your excellency that upon Mr. Baker taking leave he stated that if not inconvenient he would ask to have with me an interview, when he should receive the instructions he awaited, since it might turn out, to judge from what the periodicals of the United States have lately said, that his Government might be under the impression (influence) of untruthful news with respect to the situation at Rama and Bluefields.
To-day I send you the following cablegram:
Guzman, Washington
It is asserted that Captain Watson will receive instructions to disembark marines because the situation at Bluefields and Rama is believed to be unsafe.
We positively know the contrary. Ascertain and report by cable. This government confides in the honorableness and friendship of the American Government.
Madriz.
I hope that your excellency will be pleased to report to this department touching this matter with as much detail as possible, and that in view of the importance of the case you will endeavor to throw light upon it so that the Government may know with certainty what to expect in the future.
Extracts from periodicals.—I give you an especial injunction to send extracts from the periodicals of the United States making direct or indirect reference to Nicaraguan affairs.
The canal business.—I deem it opportune, in view of the statements which, by reason of the arrival of the agent, Mr. Macauley, Minister Baker has lately made to this Government, to call your attention to the terms of the dispatch from this department to your legation, numbered 170, and dated April 7th, last.
I repeat to you the expressions of my highest consideration.
Annex A.
Mr. Baker to Mr. Madriz.
Managua, May 29, 1894.
Sir: I have the honor to call your attention to the inclosed letter, the original of winch I have on file at this legation.
This letter goes to show that your agreement personally made with me on the 5th of May at Bluefields, by which you ordered all the armed soldiers with their disturbing bugles and drums from that town to the bluffs, was not observed many hours after I left there.
This seems to me an exhibition of bad faith and a contempt on the part of Commissioner Lacayo of the agreement and orders of his superior officer, which can not well be overlooked.
I have, etc.,
Es conforme.
Annex C.
Mr. Baker to the Minister
for Foreign Affairs.
Managua, May 24, 1894.
Mr. Minister: In a personal interview on the 21st instant with his excellency the President I was assured of his purpose to do what lay in his power and in the power of his Government to recapture and properly punish the escaped prisoner, Argüello, who, white a public official of Nicaragua, shot down and murdered an American citizen, William Wilson by name.
In the same conversation, in order to show the friendship of this Government for its good friend, the United States, he announced his purpose of punishing the culpable officer through whose lax administration, if not actual connivance, the prisoner was allowed to walk out of an unguarded jail.
I have waited with much patience until this time for an announcement of the fulfillment of this purpose. Having heard nothing further from his excellency on the subject, I now must carry out my imperative cable instructions from the President of the United States in asking instant and effective redress,” and “to demand the immediate removal of Governor Torres,” whose failure to obey the instructions of his superior officers in regard to the confinement of the prisoner was a scandal to your own Government and an insult to mine, and “the removal from the office of commissioner to the Mosquito Reservation of Carlos A. Lacayo, who is held by the President to be even more culpable than Torres.”
I have, etc.,
Es conforme.
Annex C.
Mr. Baker to Mr. Madriz.
Managua, June 10, 1894.
Mr. Minister: Your communication acknowledging the receipt of an official communication from the United States Government, which I had the honor of presenting under instructions to you in person, and an impartial reply thereto, reached me yesterday. Ae soon as the voluminous documents accompanying the communication have been translated I will reread them with care and forward them to Washington for the information of my Government. In the meantime I can but express my regret to find in your excellency’s communication no assurance that Noyles, the accomplice of the murderer of Wilflon, shall be dealt with accordiug to his deserts or that your 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.”
With renewed assurances, etc.,
Es conformo.
Managua, June 14, 1894.
[Seal of the minister of foreign relations of Nicaragua.]
Annex C.
Mr. Madriz to Mr. Baker.
Among the papers accompanying my note No. 259 of the 8th instant are two which entirely satisfy the purposes of the Honorable Secretary Gresham’s dispatch.
One is the note addressed by the minister of justice to the commissioner of the Mosquito Reservation, dated June 2, directing the arrest and trial of Noyles, as well as his punishment if found guilty.
In that, note and in the one which I addressed to the new governor of Rama, dated May 6 last, instructions were given that officer in regard to the line of conduct he should follow, in order to give no grounds for any complaint, and to efficiently protect the lives and interests of citizens and foreigners.
These instructions, communicated before your excellency came and read me Mr. Gresham’s dispatch, ought to thoroughly satisfy your excellency. Nevertheless, I do not desire for my part to omit nny friendly act, and I therefore declare to your excellency:
- (1)
- That Charles Noyles shall be brought to trial, as has been already ordered, and if found guilty shall be punished in accordance with law.
- (2)
- The Government has issued orders and taken measures which clearly evidence “its sincere purpose and its readiness to protect the lives and interests of American citizens residing in the Mosquito Reservation and to punish offenses committed against them.
Your excellency has declared on various occasions, in reference to these matters, that you did not doubt the honorable intentions of the Government; I therefore appeal to your excellency’s own opinion.
I avail, etc.,
A true copy.