[Extract.]
Mr. Prevost to Mr. Seward.
No. 8.]
Legation of the United States,
Guayaquil,
April 10, 1866.
Sir: I have the honor to acknowledge receipt of
your two despatches dated, respectively, 8th and 19th of March, the
former confirming the appointment of acting secretary of legation
bestowed on me by the late minister resident of the United States, and
also instructing me to protest against the government of Ecuador, in the
event that the payment of the first instalment of the awards of the
mixed commission of the convention of November 25th be refused.
I transmit to your excellency the last note received from Mr. Bustamente,
marked A, which was received in due course of mail from the capital, and
in which payment was promised by the next mail. A translation of said
note will also be found enclosed, marked B.
I have waited until a fourth mail has arrived from Quito, and having
received neither the amount nor even an explanation, I addressed a note
to the minister of exterior relations, strongly protesting against the
violation of the convention of November, 1862, in not meeting the
payment of the awards of the first instalment of the mixed commission
under the said convention; copy of my note and protest is herewith
enclosed, marked C.
* * * * * *
[Page 464]
In the mean time, however, should the amount be paid under the protest, I
will avail myself of the first mail to remit by exchange on England, as
per your excellency’s instruction.
I have the honor, sir, to remain, your most obedient servant,
L. V. PREVOST, Acting Secretary of
Legation.
Hon. William H. Seward,
Secretary of State, Washington, D. C.
B.
[Translation.]
Mr. Bustamente to Mr. Prevost.
The undersigned, minister of exterior relations of Ecuador, has the
honor to inform the consul of the United States of the North that he
has received his note of the 26th of February last, and that by the
next mail he will give the required orders to satisfy his claim.
Until then, the undersigned subscribes himself, &c.,
L. V. Prevost, Esq., Consul, &c., &c.
C.
Mr. Prevost to Mr. Bustamente.
United States Legation,
Guayaquil,
April 9, 1866.
The undersigned consul and acting secretary of legation of the United
States of America, has the honor to acknowledge the receipt of your
excellency’s note of the 21st of March last, informing the
undersigned that by the next mail (per el correo inmediate) your
excellency would give the necessary orders for the payment of the
first instalment of the awards of the mixed commission under the
convention of November, 1862.
The undersigned, on receipt of said note, relying on the good faith
of your excellency’s government to fulfil the obligation, felt
satisfied and confident that the payment would be forthcoming by the
next mail as stated in the note of your excellency. But the
undersigned is sorry to say that he has waited until a second and,
indeed, a third mail has arrived from the capital without having
received the amount, or even an explanation from your excellency. He
has even called upon the governor of the province, in order to
ascertain if orders had been received from the supreme government to
satisfy the payment of said first instalment. The undersigned was
assured by the governor that no orders whatsoever had been by him
received.
As painful as it may be to the undersigned, yet acting under
instructions from his government at Washington, it becomes his
imperative duty as consul and acting secretary of legation, solemnly
to protest against the government of Ecuador for violations of the
stipulations of the convention of November, 1862, in not meeting the
payment of the first instalment of the awards of the mixed
commission, which fell due upon the 17th of February, 1866, and to
inform your excellency that the government of Ecuador will be held
responsible for all past, present, and future damages that may
happen in the premises.
The undersigned has the honor, &c., &c., &c.,
His Excellency Don Manuel Bustamente,
Minister of Exterior Relations, &c., &c., Quito, Ecuador.
