No. 105.
Mr. Williamson to Mr. Fish.
[Extract.]
United
States Legation in Central America,
Guatemala, May 4, 1874.
(Received June 8.)
No. 146 bis.]Sir: I have now the honor to lay before you a full
statement in regard to the outrage committed upon the British vice-consul,
Mr. John Magee, at San José, by the commandante of that port, on the 24th
ultimo, and of which I advised you in my No. 139, dated the 25th ultimo.
I also inclose you with this dispatch copies of all the papers that have come
into my possession concerning it. Among them you will notice particularly
the statement of Mr. Edwin James, consular agent at San José, No. 8, which I
have reason to believe, although defective by the omission of some details,
is substantially correct.
I hope his conduct in using every exertion to prevent the infliction of a
barbarous outrage upon an innocent official of a friendly power, and to
preserve the life of a fellow-creature, will meet your approbation. He
evidently ran great personal risk in throwing any obstacle in the way of
such a madman as the commandante of San José seems to have been. Your
attention is respectfully called to inclosure No. 7, in which the victim,
Mr. John Magee, officially acknowledges his indebtedness to Mr. James for
saving his life.
Among the inclosures you will find several telegrams from this legation. The
one marked No. 1 was sent at the urgent solicitation of President Barrios,
whose prime minister called on me about 8 o’clock on the morning of the
25th, and stated that the conduct of Gonzalez was a disgrace to Guatemala;
that his government was extremely anxious to make every reparation in its
power to the British government, not only by trial and punishment of the
commandante, but in other satisfactory ways.
He also said that General Solares had arrived, or would arrive, at San José
within a very short time, and that the commandante was a deserter from the
army and a fugitive on board of an American ship lying at the port of San
José. He urged me to order the delivery of Gonzalez to General Solares. I
replied that I had no right to order his delivery, but would request it,
which I thought would be quite as effectual, as the ship was lying in
Guatemalan waters.
The telegram was then written and presented to him to read. He said it was
perfectly satisfactory, and that he would take it himself to the
telegraph-office to have it dispatched forthwith.
Gonzalez had already been shot, it seems, before my telegram was wait ten. At
all events, Mr. James and the agent of the ship tell me it was not received
on board. At the time of the prime minister’s visit, he seemed to be as
ignorant as I really was of the fact that Mr. James had taken the
commandante on the ship. Had I known that Mr. James had agreed to take the
commandante on board of the ship, under the protection of the American flag,
(although his only warrant in so using the flag was a generous impulse to
save Mr. Magee’s life, by placing his persecutor and intended murderer in
safety,) I should not have thought of making a request that implied a
disposition to violate the agreement.
The statement made in the telegram, that Mr. Gonzalez “has committed a grave
outrage upon the persons of American citizens” was based upon the minister’s
declaration to me. He said the commandante, in his fit of madness, had
struck in the face an officer of an American
[Page 156]
ship, and afterward imprisoned him for an hour or two;
furthermore, that he had grossly insulted the consular agent at San
José.
To this declaration I simply replied my countrymen would probably receive
ample redress after their case was duly investigated. The oral and verbal
report of the consular agent shows the minister was mistaken.
About 11 o’clock on the 25th the prime minister, Mr. Samayoa, again called
upon me, and stated that Commandante Gonzalez bad been mortally wounded
while attempting to go on board the Pacific mail steamship Arizona, by a
Colombian, resident in Guatemala, named Don Pedro Vazquez, and that his
government wished me to telegraph to the captain of the ship to deliver that
gentleman to the military authority at San José, General Solares. I declined
either to order or request his delivery, but stated I would telegraph to the
consular agent for full particulars, and after getting his report, would
decide whether to make a request. He said that would be entirely
satisfactory to his government.
The ship sailed, as you will see by inclosure No. 5, before my telegram was
received.
The commandante, Gonzalez, was not mortally wounded, as was supposed. He is
now in this city in the hospital, and is said to be recovering. His alleged
aiders and abettors, a Mr. Bulnes, Viteré, and Corso, all officials at San
José, are now here in prison.
Mr. John Magee, the vice-consul, is also in this city, and, though confined
to his bed, is “doing well.”
The outrage gave rise to quite an active correspondence between the British
chargé d’affaires, Mr. Henry Scholfield, and the government, which resulted,
on the 1st instant, in the protocol No. 10 which accompanies this
dispatch.*
The minister of foreign affairs and the prime minister, Mr. Samayoa, express
much satisfaction with the result, and seem to feel a decided assurance that
the British government will not claim any indemnity or demand any further
satisfaction than that which is agreed upon in the protocol.
They called to see me, and in an interview invited my opinion.
I had none to express, except that, in my judgment, they might well
congratulate themselves on their diplomatic tact in the management of the
affair.
Mr. Scholfield also frequently called upon me, and explained his proceedings,
which, assuming he had the authority, met my approbation up to the time of
the protocol and his letter No. 11.
In the unreserved confidence of official correspondence, I beg leave to say
again, assuming he had authority to arrange so important an international
question without definite instructions from the foreign office, that he has
been somewhat behind the Guatemalan officials in his diplomacy. It is true,
Mr. Magee’s rather singular renunciation in advance of any claim to
indemnity presented a serious and perplexing embarrassment. It is equally
true the promptness of the government in arresting the guilty parties, as
well as its elaborate professions of a determination to make every
reparation in its power for the outrage, made it more delicate to deal with
the question. I might have done much worse.
It is probable the parties charged with the outrage will be held in prison
until a favorable answer is received from the British government.
After that their friends will probably find no serious obstacle in the
[Page 157]
way of their escape from the
punishment of the laws. Justice has not become a blind goddess in Central
America yet.
Although in this entire transaction American influence has not been impaired,
I cannot but share in some degree the apprehension generally expressed by
foreigners in regard to its effect upon the conduct of officials of the
government toward them in departments under jefe
politicos who are distant from the capital. All of them express the
opinion that no punishment will be inflicted on the offenders. If, they say,
a vice-consul of one of the most powerful nations can be whipped by a
commandante of a little post of thirty-five soldiers, right under the eye of
the government, and connected with the capital by telegraph, what must be
expected in distant departments, where it takes weeks to communicate. If,
they say, such an official as Gonzalez is a type, (and they allege he is,)
what guarantee have foreigners that they will not be dealt with both
unjustly and cruelly throughout the state, in all instances in which a
drunken or crazy jefe politico chooses to take
offense and apply the lash.
They talk indiscreetly of President Barrios having set the example to his
officials by using the whip as a punishment upon some of the best families
in the country, whose only crime was that they differed from him in
political opinion.
There is no doubt that foreigners are apprehensive of unpleasant consequences
if the British government ratifies the agreement of the protocol and the
criminals go unpunished, as they say they expect.
The feeling against the government at present is by no means favorable, and
the reactionary or conservative party enjoys its sneers in pointing to the
outrage as an evidenc of the “liberalism” and humanity of a government which
met the approval of foreigners as long as the whipping was confined to the
old families of Guatemala. It must be confessed there is some justice in the
sneer.
Such an outrage, in my opinion, could scarcely have occurred in any other
Central American state.
Mr. Magee might have been shot in other states, but not flogged.
* * * * * * *
I lay the facts and suggestions before you for your consideration, and beg
leave to add that, in my judgment, it would be well for the Secretary of the
Navy to consider the propriety of ordering the commanders of our men-of-war
in the Pacific to call at Central American ports as often as the interests
of the public service will allow, whenever they are passing up or down from
San Francisco. Such an order might prevent much trouble.
I have, &c.,
[Inclosure 1 in No. 146 bis.—Telegram.]
Mr. Williamson to the captain commanding any of the
Pacific mail-steamers off or near the port of San José de Guatemala,
or to the commanders of any American vessels at or near said
port.
United
States Legation in Central America,
Guatemala, April 25, 1874—8½
a.m.
The President of Guatemala wishes yon to deliver on shore the person of
Don José Maria Gonzalez, who has committed a grave outrage upon the
persons of American citizens and British subjects. I second his wish,
and request you to do so at once.
No one can claim an asylum from our country who has violated the laws of
civilized life to the extent Mr. Gonzalez has done.
I am, &c.,
[Page 158]
[Inclosure 2 in No. 146 bis.—Telegram.]
Mr. Moncrieff to
Mr. Williamson.
San
José, April 25, 1874.
(Received at Guatemala April 25, 10¼ a.m.)
Detention of ship very detrimental. Large number of passengers. If no
answer within twenty-four hours, will consider myself at liberty to
sail.
A. D. MONCRIEFF,
Agent Pacific Mail
Steamship Company.
[Inclosure 3 in No. 146 bis.—Telegram.]
Mr. Williamson to
Mr. Moncrieff, agent Pacific Mail
Steamship Company.
United
States Legation in Central America,
Guatemala, April 25, 1874—11
a.m.
Sir: Your telegram just received. I know of no
cause for detention of ship if Mr. José Maria Gonzalez is not on board.
Should he be on board, I think his conduct has so placed him in
outlawry, that he ought to be delivered up for trial according to the
laws of Guatemala.
If it is considered necessary, I will immediately leave for San José.
I am, &c.,
[Inclosure 4 in No. 146 bis.—Telegram.]
Mr. Williamson to
Mr. James.
United
States Legation in Central America,
Guatemala, April 25, 1874—11
a.m.
Sir: Go on the steamer Arizona, and take the
declaration of the captain, officers, and passengers in regard to the
shooting of Don José Maria Gonzalez, commandante of said port, and
telegraph substance of declaration without delay.
Answer at once. Communicate facts in your knowledge without waiting for
declaration, but be sure to send declarations.
I am, &c.,
[Inclosure 5 in No. 146 bis.—Telegram.]
Mr. James to Mr.
Williamson.
San
José, April 25, 1874.
(Received in Guatemala 2 p.m.)
Sir: The Arizona has sailed. I was present and
saw everything. The captain used every exertion to prevent the shooting,
but some of the passengers fired pistols and mortally wounded
Commandante Gonzalez. I used every exertion to prevent the outrage on
Mr. Magee. Will send details by mail.
[Inclosure 6 in No. 146 bis.—Telegram.]
Mr. Moncrieff to
Mr. Williamson.
San
José, April 25.
(Received in Guatemala 2 p.m.)
Sir: The Arizona has sailed. Mr. James has
shown great tact and energy, and there will be no necessity for your
presence here.
A. D. MONCRIEFF,
Agent Pacific Mail
Steamship Company.
[Inclosure 7 in No. 146 bis.]
Mr. Magee to Mr.
James.
San
José, April 26,
1874.
Dear Sir: It is with most heartfelt thanks that
I address you these lines, to thank you for the action yon took in my
behalf in my late trouble with Commandante Gonzalez.
On board the steamer Arizona I heard it rumored that you had not exerted
yourself as fully as you might have done, but in the critical position
in which I was placed the prudence with which you acted, at the same
time that you really jeopardized your own liberty, does you great
credit.
Had you acted precipitately, as many of the too-justly indignant
passengers on the Arizona were desirous that you should have acted, you
would have signed my death-warrant.
The protest you entered was stamped under foot by the commandante, an act
of outlawry which proved the man’s madness, and made it presumptuous to
consider that anything could be gained by asserting the respect due to a
foreign power.
Again I have to repeat that I am indebted to your prudence, as well as to
your constant and untiring efforts, for my life; a debt of gratitude
which I shall never forget. Believe me, &c.,
J. MAGEE,
Her Britannic Majesty’s
Vice-Consul.
[Inclosure 8 in No. 146 bis.]
Mr. James to Mr.
Houben.
San
José, April 26,
1874.
Sir: On the arrival of the steamship Arizona at
the port, on the morning of the 24th, the chief officer of the ship came
ashore to see Mr. Magee about discharging his ship.
On his return to the steamer he was met by the com and ante on the head
of the pier, who told him he would not permit him to embark. The officer
reported the case to me. I at once went to the comandante, and told him
he must not interfere with American sailors passing to and from their
ships; so he let him off. An hour after I received a message that Mr.
Magee and Mr. Moncrieff were prisoners, and in prison, by order of the
commandante. I went to the commandante to inquire what he had arrested
them for. His reply was he would release Mr. Moncrieff, but he would
give Mr. Magee live hundred lashes to-day, and to-morrow he would shoot
him. His reasons: he had sent for Magee to come to his house; Magee,
having a sore foot, sent back word he could not come. The commandante
then sent word to Magee to state his reasons for not coming in
writing.
Magee’s written reasons were he had a sore foot, and, besides, his
position as British vice-consul exempted him from appearing.
The commandante then sent a guard of soldiers to bring him; and if he
would not come, to arrest him or shoot him.
The soldiers went to the house of Magee and took him prisoner. Before
leaving his house Magee put a pistol in his pocket. On appearing before
the commandante (who met him going up stairs) he asked him why he had
brought that pistol with him. Mr. Magee replied: “Knowing you to be a
very violent man, I carry this pistol to defend myself.” The commandante
then struck Magee several times in the face, and told him to-day he
would give him five hundred lashes and to-morrow he would shoot him.
This was about 12 o’clock, (noon.)
I did not think the commandante would dare to carry out his threats; but
I was very much mistaken, for at 4 o’clock p.m. the soldiers were
formed, the bugles sounded, and Magee was brought up to be lashed.
I at once went to my office and wrote a protest, in the name of the
United States, against such a disgraceful outrage against humanity,
civilization, and all law, human and divine; but he would not receive my
protest or listen to me in any way. I was rudely put down stairs by the
soldiers, and he carried out his shameful and infamous outrage on the
person of a representative of a civilized and Christian nation. I tried
to telegraph you several times during the day, but the commandante had
seized the telegraph, and would permit no communication on that day, so
I acted on my own judgment, and am responsible for all of my actions,
and will accept any result they may entail; and if my conduct has
exceeded my official duty, I can only say I will be satisfied with any
action you may conceive it your duty to take in reference to the whole
course of this disgraceful affair.
[Page 160]
My conduct will never bring a blush to the cheek of an American.
During the whole course of the day I could not get an opportunity to tell
the commandante of the dreadful result of his conduct.
This day, all day, he was blind and stupid with drink and revenge. But
something must be done. Magee has received two hundred and ten lashes.
The first part of the threat has been carried out; and the second was,
that to-morrow morning Magee must die. Nearly every foreigner had fled
the port. I determined to save his life, whether it was my official duty
or not, whether I saved my own life or not.
I waited till morning; got up very early, that I might see the
commandante before he had taken any drink. About 7 a.m. I saw the
commandante bringing Magee out. He formed the soldiers, and was ready to
flog Magee again. I immediately went up to him and told him not to
attempt to go any farther with this infamous outrage. He said he was
going to give Magee more lashes and then shoot him. I told him it would
ruin him and bring misfortune on his country—perhaps ruin. He listened
to me and began to think and understand his situation. He said, “I am
ruined any way; and before the event I will kill Magee.” He then says,
“I will flee the country and if Magee will give me money I will go
aboard the steamer, if you will put me safely there.”
Magee at once said, I will give you all the money you want.
I pledged him the protection of the American flag. At this time the
captain of the Arizona (Captain Morse) sent me word he was going to
leave. I wrote him a note imploring him to delay an hour longer. I had
the money in my pocket, and the commandante was ready to go. He bid
Magee “good-bye,” and told him he was free. I walked down the pier with
him, and we got into the boat together and pushed away. I had now
succeeded in saving Ma gee’s life, and now risked my own, for when the
boat had arrived at the steps of the steamer’s ladder, I got out first,
the commandante following me, with one foot on the steps and the other
still on the boat, when the passengers, armed with pistols, opened tire
on the commandante, after I had promised him the protection of our flag.
It was on this condition he had agreed to spare Magee.
He received two mortal wounds, stepped back into the boat and went to the
shore. He now lies in a dying condition.
I regret this last outrage. In justice to Captain Morse, I must say he
did all that; he could to prevent it.
I am, &c.,
[Inclosure 9 in No. 146 bis.]
Captain Morse to
Mr. Williamson.
Pacific
Mail Steamship Arizona, April 25, 1874.
Sir: I have the honor to advise your excellency
that, owing to the large number of passengers, limited amount of coal,
and scarcity of commissary stores, I have found it necessary to resume
my voyage.
As Mr. Magee, for whose preservation I apprehend I am detained, is now
safe, the cause of his danger having been removed, there seems now to be
no urgent necessity for my remaining longer to the injury not only of
the Pacific Mail Steamship Company, but to each of my many passengers,
as I am in no way responsible for the rash act of an unseen hand which
will probably prove fatal to the commandante of the port, and no amount
of precaution could have prevented it.
I had placed guards at every available point about the vessel with the
view to guard against any such contingency.
Under these circumstances I feel confident that you will approve of my
immediate departure, inasmuch as Mr. Magee dispatches the ship
himself.
I am, your excellency’s obedient servant,
