Mr. Washburn to Señor Benitez.
Sir: I have the honor to acknowledge the receipt of your note of yesterday, in which you advise me that the treasonable combination with the enemy was to have made certain movements on the 24th of this [Page 751] month, and it was apprehended that the persons in my house, accused of being engaged in it, would seek to escape from it if they were not previously made prisoners, and you add that your government will view with great regret that they should escape and thus abuse my confidence again, and in conclusion you ask an immediate reply.
To the apparent haste in which you seem to have been I may probably attribute the fact that you make no mention of the reasons given by me in my note of the 20th why I could treat no one as criminal till I had the proofs of his guilt. Nor do you, probably for the same motive take into consideration the reasons I gave why in conformity to the law of nations I could not surrender for trial by the authorities of the country these two members of my legation. But as you say that the combination of treason was to have broken out on the 24th, and that it appeared probable that these persons would then attempt to escape from my house, it appears that further security is desired that they will not do so.
Though not participating in your opinion in regard to the criminality of these individuals, and being entirely ignorant of the nature and extent of the combination to which you allude, I am nevertheless disposed to do all in my power, and all that is consistent with my duty and respect for the law of nations, to facilitate the government in all measures of prevention or security. I will, therefore, undertake to hold Mr. Bliss and Mr. Masterman close prisoners in this legation, till I can send them out of the country, or till such time as the government may not object to their being set at liberty.
I take this occasion to renew assurances of distinguished consideration.
His Honor Gumesindo Benitez, Acting Minister for Foreign Affairs.