No. 46.
Mr. Hall to Mr.
Frelinghuysen.
Legation of
the United States in Central America,
Guatemala, February 10, 1885.
(Received March 6.)
No. 316.]
Sir: On the 28th ultimo I was informed that the
Nicaraguan Government proposed to arrest and remove from on board of the
Pacific Mail Company’s steamer Honduras, then lying in the port of San Juan
del Sur, a passenger in transit for Panama. No other particulars were given
me, except that the passenger in question was a Nicaraguan named José
Dolores Gomez, and that he was one of those who were implicated in the
recent insurrectionary movement in Nicaragua, which I reported to the
Department in my No. 254, of the 3d of September ultimo, from Managua. Gomez
had been ordered to the Mosquito Reserve; from there he came to Guatemala
and embarked at San Jose, as I first understood for Panama, but have since
learned that it was for Punta Arenas.
Upon learning of the attempt referred to, I instructed our consul at Managua
by telegraph “to say respectfully to the Nicaraguan minister for foreign
affairs that our Government has never consented, and will never consent to
the arrest and removal from an American vessel in a foreign port of any
passenger in transit, much less if the offense is political.”
I had in mind the many cases of this kind which occurred at Havana during the
Cuban insurrection and in every case, with one exception, where the
Department was consulted as to the surrender of the party, a negative answer
was returned.
The exception was that of one Olivares, who was charged with the crime of
assassination.
A similar case to that of Gomez occurred at the port of San José de
Guatemala, and was reported to the Department by the consul general, Mr.
Whitehouse, in August last, during my absence.
It seems desirable that there should be more definite instructions for such
cases; under certain circumstances there can be no doubt as to the right to
arrest a person who, like Gomez, voluntarily enters the jurisdiction of a
state whose laws he has violated, even should he be in transit for another
state and on board of a foreign vessel.
I inclose a letter from the consul at Managua transcribing a telegram lie
received from the minister for foreign affairs of Nicaragua, and reporting
other particulars in regard to the case of Gomez.
I have, &c.,
[Page 71]
[Inclosure 1 in No.
316.—Cablegram.]
Mr. Hall to Mr.
Leavitt.
Guatemala, January 28,
1885.
Reported here arrest of a transit passenger bound to Panama, on board
steamer Honduras, at San Juan del Sur. Say respectfully to Nicaraguan
minister foreign affairs that our Government never has consented and
never will consent to the arrest and removal from an American vessel in
a foreign port of any passenger in transit, much less if offense is
political.
[Inclosure 2 in No. 316.]
Mr. Leavitt to Mr.
Hall.
United
States Consulate,
Managua,
Nicaragua, February 3,
1885.
Sir: I have the honor to acknowledge the
receipt of your telegram of the 28th ultimo. At the time the message was
delivered in Managua I was in Leon. While in Leon, on the evening of the
27th, I received the following telegram from Mr. Castellon:
“Government has ordered the commander of port San Juan del Sur to
arrest José Dolores Gomez, a fugitive prisoner, who is on board
of the steamer Honduras, now en route to
that port. I suppose the captain will not interfere with the
action of the commander, but to avoid whatever difficulty likely
to arise, I request you to send a telegraphic message to the
captain of the Honduras at San Juan del Sur, stating that the
order has been issued by the Government and recommending him to
support the commander, as there is no grounds on the part of the
captain to hinder the execution of the Government’s order.
CASTELLON.”
I declined to send such a telegram. I returned to Managua immediately and
found your telegram awaiting me. Mr. Castellon was absent from Managua,
and to-day is the first opportunity I had of seeing him and informing
him of your instructions to me. He requested me to send my instructions
in writing. I did so, and sent the letter of which I inclose a copy.
(Copied in continuation.)
I have learned that the Government requested the captain of the Honduras
to deliver up Gomez, but he declined. He was then requested by the
Government to go ashore. This he declined to do. He then was requested
not to sail for twenty-four hours; This also he declined, and the
Government alleges that he sailed in two hours without a license from
the commandant of the port.
For these alleged offenses he, the captain, has been tried by the
Nicaraguan Government and found guilty, but I have not yet been able to
learn what sentence they have passed upon him. From the attitude of the
Government, I am afraid they meditate some injury to the captain or his
ship in case he returns.
I have tried, briefly, to outline the case and give the salient
points.
* * * * * * *
I am, &c.,
[Inclosure in inclosure 2 in No.
316.]
Mr. Leavitt to Mr.
Castellon.
United
States Consulate,
Managua,
Nicaragua, February 3,
1885.
Sir: In reply to your telegram of the 27th
ultimo, and regarding the case of José Dolores Gomez, I have the honor
to say that I am instructed by the minister of the United States in
Central America “that the Government of the United States never has
consented and never will consent to the arrest and removal from an
American vessel in a foreign port of any passenger in transit, much less
if the offense be political.”
I am, &c.,
H. H. LEAVITT,
United States
Consul.
