No. 123.
Mr. Fish
to Señor Dardon.
Washington, September 9, 1873.
The undersigned, Secretary of State of the United States, has the [Page 184] honor to acknowledge the receipt of the note of the 30th ultimo, addressed to this Department by Mr. Dardon, minister plenipotentiary of Guatemala, representing that Don Henry Palacios and other emigrants from Central America, who for some time past had been preparing at Colon or Aspinwall an armed expedition to invade the republics of Guatemala, Salvador, and Honduras, had for that purpose bought the steamer General Sherman, which was under the flag of the United States, had placed munitions of war on board of her, and, embarking in her, had proceeded to Belize to receive arms which they had lodged there.
Mr. Dardon complains that, although the object of the expedition adverted to was notorious, the consuls or consular agents of the United States at Aspinwall, Belize, and the ports of Honduras opposed no obstacle to the shielding of the illegal enterprise by the American flag.
Mr. Dardon consequently expresses, on behalf of his government, that the Government of the United States will issue orders for the pursuit and capture of the General Sherman, and that their consuls and agents will be instructed not to allow a filibustering expedition to disturb the peace of Central America.
In reply, the undersigned has the honor to express his regret that any hostile expedition should, have been set on foot under the flag of the United States for the purpose of invading the territories of friendly states. If, however, as Mr. Dardon alleges, the General Sherman has been sold to foreigners, this Government is no longer responsible for her acts. Though the sale deprived her of the right to fly the flag of the United States, Mr. Dardon is probably aware that, in time of actual or threatened hostilities, it is a common occurrence for such a right to be assumed as a stratagem, and the undersigned is aware of no penalty for such an assumption.
The legislation of the United States may be regarded as ample for the punishment of their citizens who, even without their jurisdiction, may take part in any hostile expedition against a country with which their government may be at peace. If Mr. Dardon or his government believes that any such citizens have been engaged in such an enterprise from or at either of the points named in his note, prosecutions against them will be instituted when the proper proof of their wrong-doing shall have been produced to competent judicial authority. In regard to the instructions to consular officers requested by Mr. Dardon, that gentleman must be aware that, within the territory of another country, they have no other authority than such as may be derived from treaty and public law, and, so far as the undersigned is aware, there is no provision of either by which they are authorized even to attempt to arrest an expedition against a neutral power in a vessel belonging to foreigners.
If this Government had reason to believe that, since her sale, as above mentioned, the General Sherman had been guilty of acts of piracy on the high seas, it would direct its naval commanders to arrest her therefor. But as even Mr. Dardon does not allege that any such acts have been or are likely to be committed, it is deemed most advisable to abstain at present from giving any such orders.
The information upon this subject conveyed in Mr. Dardon’s note and received from other sources is not as full as is desired. Measures have been adopted toward supplying deficiencies. When that shall have been done, there may be occasion again to address Mr. Dardon in regard to it.
Meanwhile the undersigned avails, &c.