No. 129.
Mr. Bayard to Señor Flores.
Washington , June 1, 1885.
Sir: I have had the honor to receive to-day your note of the 30th ultimo in relation to the case of Mr. Julio R. Santos.
The position of this Government in the matter is clear and simple. Mr. Santos having established to the full satisfaction of the Government of the United States his right to claim its protection as a citizen of the United States, we are bound to ask that he be so treated by the Government of Ecuador, and that he be either tried on duly formulated charges with every opportunity of defense, or, in the absence of such proceedings being promptly instituted, that he be released.
This being made clear to you, you have proposed as a settlement of the matter that Mr. Santos be forthwith released, without prejudice to the question of citizenship, which you desire to reserve on behalf of your Government. To this I have assented, without, however, thereby waiving or annulling the ground on which our right to intervene to secure Mr. Santos’s trial, or release in default of trial, rests.
I understand from your note of to-day that you are fully empowered by your Government to adjust this question, but that before doing so you desire to await the arrival of certain documentary proofs, which you have been informed have been sent you.
[Page 277]As I said in my note to you of the 14th ultimo, and in our conference of the 15th, I was pleased to offer you the opportunity of inspecting the proofs of Mr. Santos’s citizenship in the possession of this Department, in order that you might have the option of signifying your concurrence in the conclusion reached, and so aid in securing Mr. Santos’s trial or release without the need of other and more direct appeal by this Government to secure those ends. You did, in fact, so inspect those proofs, after sending to the President of Ecuador the telegram in which you asked the release of Mr. Santos on the conditions agreed upon between us.
I now understand you to ask a reasonable delay in the execution of that agreement, to enable you to possess expected documents before confirming the settlement we reached. I understand you to ask this that you may feel assured that you discharge your duty toward your own Government, under your full powers, in carrying that settlement into effect.
To such a reasonable delay I have no desire to interpose objection, and the less so as I am convinced that it can merely postpone for a few days, and not overturn the good understanding at which we have arrived.
Permit me, however, to say that it must be expressly understood that there is no implication, from my consent to this delay, that the decision, of this Government as to its duty in the premises will be changed or opened for discussion. And permit me, also, to remind you, in all frankness, of the grave responsibility you assume should the result of this delay be, as I trust it will not be, to lead you to annul the agreement we have reached and so remit this Government to the assertion of its rights.
But one object inspires us both, that this incident may be disposed of in the manner best befitting the dignity and the mutual friendship of the two Governments.
Your Government releasing Mr. Santos and, for its part, reserving the question of his citizenship, such reservation will naturally extend to and include any personal rights dependent on his citizenship. As I have already told you, no ulterior questions of this nature have been suggested except by yourself, and were they to arise, I cannot conceive that they would not yield to the amicable and mutually honorable treatment which two friendly nations must give to questions arising between them.
Accept, sir, &c.,