No. 98.
Mr. Beach to Mr. Hunter.

No. 34.]

Sir: On the 3d instant I received Department of State dispatch No. 24, relating to Julio Romano Santos, now imprisoned by the Ecuadorian Government, at Monte-Cristi. On the following day I addressed a note to the minister of foreign affairs, a copy of which is given in inclosure No. 1. I did not specifically refer to the subject of freedom of obtaining evidence as to the citizenship of Mr. Santos, as I know that no obstacles have been interposed.

On the 8th instant I received a reply to my note, a translated copy of which is given in inclosure No. 2. The whole question of Mr. Santos’s citizenship has been referred to Washington, to be decided between the Department of State and Minister Antonio Flores. It will be seen that I have developed an outline of the charges against Mr. Santos, to which the attention of the Department of State is particularly directed.

Since the Wachusett came to Ecuador regarding Mr. Santos, the Government here has appeared active in its efforts to hold him in all respects to a strict accountability,

I have by to-day’s mail written to Mr. Santos that the question of his citizenship had been referred to Washington, and that if he had any more evidence, to forward it there.

I am, &c.,

H. N. BEACH,
Consul-General.
[Inclosure 1 in No. 34.]

Mr. Bench to Mr. Espinosa.

Sir: I have the honor of addressing you again concerning Mr. Julio Romano Santos, imprisoned by your Government. Yesterday I received from the Department of State at Washington a note in which it is set forth that under the treaty between Ecuador and the United States Mr. Santos has not lost his rights as a citizen of the United States, evidence having been adduced showing that his business arrangements in Ecuador were for a temporary residence; that he has always intended returning to the United States to reside, where he has maintained business connections. I am instructed to demand that Mr. Santos be given all of his rights under the treaty between the two countries. As I interpret your note to me dated January 28, 1885, the Government of Ecuador is willing to concede the United States citizenship of Mr. Santos, and desires only to hold him accountable for alleged violations of’ Ecuadorian laws. Am I right in my interpretation?

I am informed that formal charges have been made by your Government against Mr. Santos, in which criminal acts on his part are alleged. Will you please furnish me with a copy of those charges?

I am, &c.,

H. N. BEACH,
Consul-General.
[Page 240]
[Inclosure 2 in No. 34.—Transition.]

Mr. Espinosa to Mr. Beach.

Sir: I have the honor of answering the appreciated dispatch of yours dated the 4th of the present, relating to the nationality of Mr. Julio R. Santos, and to the proceedings following, for the part he took in the rebellion begun by Eloy Alfaro in the provinces of Manibi and Esmeraldas.

You communicate to me that you have received from the Department of State at Washington a dispatch in which it is declared that the said Mr. Santos, according to the treaty between the United States and Ecuador, has not lost his rights as North American citizen, because there is evidence that his residence in Ecuador has been only temporary. For this my Government believes that the enlightened Government of the American Union has decisive proofs against the presumption that the third article of said treaty establishes in these words. [Here the words of the article are given.—G. G.] And as these proofs are not known to the Government of Ecuador, that has no other knowledge in this particular than that of the residence of Mr. Santos for more than six years in this Republic at the head of a commercial house established in Manibi; that he has accepted a public service during this last time, and his participation in an intestine rebellion against the constitutional order, has believed it convenient to give instruction to his excellency Senor Don Antonia Flores, credited as an envoy extraordinary and minister plenipotentiary before the American Government, so that having these proofs in view he may definitely arrange at Washington this affair, and may have the nationality of Mr. Santos established in the way he may agree with the said Government.

As regards the meaning of my dispatch of the 28th of January last, that you have interpreted in the sense that the Government of Ecuador is disposed to acknowledge the North American citizenship of Mr. Santos, and only wishes to make effective the responsibility which he has incurred for violating the Ecuadorian laws, I have the honor to tell you that I confined myself to express the doubt of my Government as regards the said disputed citizenship, because the positive evidence had not yet been received, as stated, and to show you the satisfaction with which I would give you a proof of esteem and benevolence, granting the freedom of the prisoner if he were not submitted to judgment in a lawful way, or if the proofs of his culpability should be banished.

The proceedings for trial of Mr. Santos were in consequence of his direct participation in the Alfaroist rebellion, which is evidently proved by his having been captured with armed people and war stores in the mouth of the Chone, and for having found in his house Remington guns, military stores, and the baggage of the head man of the rebellion, being also notorious for the rest: that he was one of the chiefs of the rebels that disturbed the peace of the nation and made in the province of Manibi the bloody war recently finished. If you wish the evidence of these charges, I can order the copies of the corresponding proofs from the province of Manibi for they are of record on the regular procedure.

I am, &c.,

J. M. ESPINOSA.