Mr. Washburn to Señor Benitez.

Sir: I have the honor to acknowledge the receipt of your note of yesterday, in which you review at great length the circumstances that have arisen and the discussion that has taken place in consequence of the protracted residence in the legation of certain persons who do not belong to it, and conclude by saying that it is expected by this government that all such persons will leave it before sunset this day. Being thus restricted to a few hours, it is impossible for me to even allude to the many points touched upon in your note, and I am, therefore, compelled to defer a more formal answer to another time. I will here remark, however, that I dissent entirely from the opinions and conclusions advanced by you in relation to the rights and immunities of foreign ministers and legations. But this does not affect the practical view of the case in relation to all the persons whom you mention by name as remaining against the wishes of the government. They have all advised me, including Mr. Leite Pereira, notwithstanding his exceedingly infirm state of health, that, to relieve me of any embarrassment on their account, they will voluntarily leave the legation to-day; and of those whose names were not long since given as not belonging to the legation there will only remain Dr. Carreras and Señor Rodriguez, and their servant, and Mrs. Leite Pereira. To the residence of this lady here, as the friend and companion of Mrs. Washburn, I presume no objection will be made. These gentlemen, however, like the others, have expressed their willingness to leave if the government shall insist upon it. I, however, should greatly prefer that they remain. Such is also their desire, and I have therefore requested them to stay till I may be further advised of the final determination of the government. I do not understand that any offense is charged against them, except the bare fact of remaining in the legation, and if the government insists on their leaving it, then it will assume that I have no right to have guests or visitors in my house. This would place me in so anomalous and singular a position as would compel me to take different action than what I had intended, and therefore I hope the government will not insist upon it. I shall deeply regret the departure of Mrs. Thomas and Mrs. Eden, as their assistance to Mrs. Washburn is very necessary to her comfort and health.

Mrs. Thomas has served as a nurse, or “ama de leche,” for nearly all the time she has been in my house, and at this time is in a very feeble state of health. In case that I do not hear of the return of the American gunboat (which I am now hourly expecting) within a very short time, it will therefore be my duty to my family to ask passports for them, [Page 737] and facilities for their passage through the military lines, and thence to Buenos Ayres.

I take this occasion to renew assurances of distinguished consideration.

CHARLES A. WASHBURN.

His Honor Gumesindo Benitez, Acting Minister of Foreign Affairs.