No. 98.
Mr. Beach
to Mr. Hunter.
United
States Consulate-General,
Quito,
Ecuador, April 11, 1885.
(Received May 5.)
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.
United
States Consulate-General,
Quito, April 4,
1885.
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.
Ministry of Foreign Affairs of Ecuador,
Quito, April 9, 1885.
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.,