Mr. Clay to Mr. Seward.

No. 54.].

Sir: I herewith enclose to you a copy of the translation of a note addressed to me by the minister of state of this republic and my answer thereto.

You will perceive that he uses the words constitutional provisional president, which appear to me to involve an inconsistency. Referring the matter, however, to your better judgment,

I have the honor to be, respectfully yours,

THOMAS H. CLAY.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Page 528]
[Translation.]

Mr. Cruz to Mr. Clay.

Sir: The undersigned, minister of state, received and informed his Excellency the President of the republic of your despatch of the 23d of last October, in which you advise him of having received instructions of your government not to recognize the provisional President of Honduras, in case of the adoption of a new constitution by the congress assembled in this capital, and in consequence not to take any action in this connection until the proposed reform should be officially effected.

The supreme government of Honduras, being informed of the same, has ordered a copy of the new constitution of the republic, which has been published (promulgado) to the nation for its exact observation, to be sent to you.

Further, it is requested of your excellency to transmit to the Department of State in Washington the enclosed paper: the publication of the new constitution, (carta,) the constitutional nomination of a provisional President, and the approaching election of a President, who on the first Sunday in December should become in possession (propriedad.)

Thus, the reform to which the instructions communicated to your excellency allude are fully consummated in such a manner that the new order of things enjoys (gosa) a legitimacy and advantages generally acknowledged in the whole nation.

Notwithstanding what is said, and willing as the undersigned minister has been to attend to the pending claim of the abandonment of the sloop Muhlenberg in the port of Ruatan, we hope an explicit answer of you. Do you admit or not the power of the constitutional provisional President, who actually is in the exercise or power of the executive of the republic of Honduras?

With sentiments of renewed respect to your excellency, and my protestations of high respect and appreciation, I subscribe myself your attentive servant,

FRANCISCO CRUZ.

Thomas H. Clay, Esq., Minister Resident, &c.

Mr. Clay to Mr. Cruz.

Sir: The minister resident of the United States at the republic of Honduras acknowledges the receipt of the note of the minister of state, under date of November 8, 1865.

The copy of the new constitution of the republic of Honduras, transmitted to the minister resident with the request that it should be sent to the Department of State at Washington, will be forwarded, as desired, by courier.

As it is no part of his duty or business to define or discuss the powers of a provisional President, he has simply to refer the minister of state to his note of the 23d of October last, which contains his instructions from the Department of State of the United States.

With sentiments of the highest consideration, he subscribes himself the minister’s attentive servant,

THOMAS H. CLAY.

Francisco Cruz, Esq., &c., &c., &c.