Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1890
Mr. Wharton to Mr. Mizner.
Washington, August 11, 1890.
Sir: Referring to previous correspondence relating to the seizure by the Guatemalan Government of certain arms on board the American steamship Colima and to the detention of the vessel, I now inclose a copy of a letter from the president of the Pacific Mail Steamship Company to this Department, dated the 7th instant, in regard to the same subject.
I am, etc.,
Acting Secretary.
Mr. Houston to Mr. Wharton.
Dear Sir: The Pacific Mail Steamship Company begs to acknowledge receipt of your favor of the 5th instant, and notes its contents and that the Department awaits the detailed report from the United States minister, Mr. Mizner, of the incident complained of by the Pacific Mail Steamship Company.
Since my last communication to your Department I have received an extract from the report of Capt. J. S. Long, commanding the U. S. S. Colima, dated Panama Bay, July 25, 1890, a copy of which is hereto annexed, and have also received copies of telegrams and letters relating to the matter, also hereto annexed, and a marine note of protest, all of which speak for themselves. I also inclose, for your information, a copy of the mail contract between the Pacific Mail Steamship Company and the Guatemalan Government, dated February 25, 1886, together with supplementary contract renewing and modifying the first mentioned contract dated June 17, 1889.
A perusal of these contracts will, I believe, convince you that there is no justification therein for the course pursued by the Guatemalan Government.
In considering this matter, you will probably recall these facts: That when the Pacific Mail Steamship Company’s steamer left the port of San Francisco, destined for Panama and intermediate ports, on the 3d of July, 1890, there was not even a rumor of disagreement between Guatemala and Salvador; that the shipment of arms destined for Salvador was not unusual, either in character or destination, and was received in the ordinary course of affreightment; that on the 16th Guatemala sought to charter one of the company’s steamers for the conveyance of 2,000 soldiers, not to Salvador, but to Honduras; that on the 17th the Colima, without having received any notice of rupture between the two Republics, reached San José de Guatemala; that on the evening of the same day, the Colima having arrived in the morning, the company’s steamer City of Sydney arrived in the same port; that the commandant on the same day boarded the steamer and demanded peremptorily the delivery of the freight in question to the Government of Guatemala, and ordered that the ship should not leave until such delivery was made, accompanying his demand with the threat that the ship would be held by the artillery of the Government; that, acting under this and other threats, Mr. Leverich, special agent of the company, arranged with the representatives of the Guatemalan Government to transfer the freight from the Colima to the steamship City of Sidney, which was proceeding northward, destined for San Francisco and intermediate northerly ports; that while this transfer was being made under the official permit of the commandant of the port, and on the 18th of July, after the Colima had been detained under orders of the commandant, the arms and ammunition were seized by the authorities of Guatemala in direct contravention [Page 66] of the understanding; that the vessel was detained 40 hours and 5 minutes at the port of San José, causing a detention of the company’s connecting steamer at Colon of a corresponding period and seriously interfering with the company’s business.
These salient features are referred to as being, in my opinion, a complete negative to the suggestion made, as we are informed by the Guatemalan Government that the contracts referred to permit the detention of the steamer or the seizure of the arms and ammunition. As to the detention, no “grave or urgent case” within the meaning of paragraph v of the contract of September 30, 1887, had arisen, and there certainly was no reason to believe the freight in question was to be used against Guatemala, or that war or pillage was intended at any time, and certainly not at that time. The Department will doubtless take notice that even up to the present time, so far as I know, no declaration of war has been made by or against Guatemala.
Very truly, yours,
President.
Extract from report of Capt. J. S. Long, commanding Pacific Mail Steamship Company’s steamship Colima, dated Panama Bay, July 25, 1890, addressed to Capt. J. M. Dow, general agent Pacific Mail Steamship Company, Panama.
Arrived at Champerico, Guatemala; anchored in 6 fathoms water. 1:50 ship visited by commandant of the port and mails delivered to him. No passengers were allowed to go or come on board, and no launch allowed alongside, as per order of the President of Guatemala, given to me by the commandant of the port of Champerico; 4 p.m. George Pinto, the clerk, from shore, came alongside in a small boat and received the necessary papers; 5:50 a launch with passengers and specie came from shore, but no cargo was discharged this day.
July 16, 1890 (6:30).—Commenced discharging cargo; 9 a.m. second launch came alongside; 11 a.m. third launch came alongside; 2:40 p.m. all finished; 3:35 under way for San José de Guatemala.
July 17, 1890 (5:30 a.m.).—Arrived at San José de Guatemala and anchored in 10½ fathoms of water; 5:40 ship visited and mails delivered; 6:45 commenced discharging cargo; 7:30 p.m. steamship City of Sydney arrived in port.
The commandant of the port, accompanied by the captain of the port, visited me in my room, and then inquired about a shipment from San Francisco to the minister of war of Salvador, consisting of 20 cases of Winchester rifles and 25 cases of cartridges, asking that I should deliver the same to them.
I refused to consider the matter until I had communicated with our special agent, Mr. Leverich, and received instructions from him. The commandant told me that the ship would not be allowed to leave until such delivery was made, even if he had to hold her by his artillery. During all this time cargo was being discharged from the ship as usual. I respectfully call attention to the accompanying inclosures consecutively numbered according to their reception. No delay was experienced either in discharging or receiving cargo. 4:50 p.m. finished work for the day.
July 18, 1890 (6:30 a.m.).—Commenced discharging again; 8:15 arms and ammunition consigned to minister of war of Salvador were discharged into launch for transshipment to steamship City of Sydney, as per order of special agent, Mr. Leverich; 3:50 p.m. Pacific Mail steamship City of Sydney sailed for Champerico; 8 p.m. cargo all in. Discharged 16, (12) cabin, 4 steerage, passengers, 8 packages mails, 11 head of cattle, 375 tons cargo. Received 9 cabin passengers, 17 packages treasure ($6,521.75) 64, 32, 40 tons of cargo; 9:35 under way for Acajutla. Detention, 40 hours, 5 minutes.
Mr. Toriello to Mr. Leverich.
To the Agent of the Pacific Mail Steamship Company:
Be so kind as to notify Captain Long, of the steamship Colima, that to-morrow, at 1 o’clock a.m., I shall go to receive the 20 cases of Winchester rifles and the 25 cases of cartridges which he has on board consigned to the minister of war of Salvador, and that they will be confiscated in the name of the Government of Guatemala.
Your obedient servant,
Mr. Jones to Mr. Long.
Dear Sir: I have this moment received the following communication from the commander of the port:
“Please notify the captain of the steamship Colima that, by order of the Government, he must remain in this port 24 hours after concluding the discharging of the cargo, in accordance with article No. 6 of the contract.”
Yours, truly,
Subagent.
Mr. Leverich to Captain Long.
To Capt. J. S. Long:
Minister Mizner has telegraphed Washington for instructions, and I also to the Pacific Mail, New York.
Mr. Leverich to Captain Long.
To Capt. J. S. Long:
Transfer arms for Salvador to City of Sydney for storage at Acapulco.
Special Agent.
Mr. Jones to Captain Long.
Dear Sir: The commandant has given official order to permit the transshipment of the 20 cases rifles and 25 cases cartridges to the City of Sidney.
I therefore beg you to order the transshipment as soon as possible, so that the City of Sydney may reach Champerico this evening.
Yours, truly,
Received from steamship Colima 20 cases rifles and 25 cases cartridges in transshipment to the City of Sydney, and which were captured by the commander of the port in transit from ship to ship.
Permission was given by the commander of the port for above transshipment.
Mark of cases: M. de G. A. C. A. V. U. T. L. A. consigned to the minister of war, Salvador, by Urruela & Urioste, of San Francisco.
Marine note of protest.
That while transshipping 20 cases of rifles and 25 cases cartridges to steamship City of Sydney, by order of special agent, the above-mentioned goods were seized by the commandant of the port, and taken on shore by his orders with armed force, the said goods being consigned to the minister of war, San Salvador; and for said seizure we hold the Government of Guatemala responsible for all damages arising therefrom.
Consular Agent.
Renewal, covering modification of article 12 and suppression of article 15 of contract expiring September 30, 1887.
[Mail contract expires September 30, 1889.]
The secretary of state for the department of public works, duly authorized by and under instructions from the President, on the one hand, and J. H. Leverich, special agent of the Pacific Mail Steamship Company, on the other, have this day agreed to prorogue for the period of two years the contract concluded on the 23d of February, 1886, for service in the Pacific ports of the Republic—with all and every stipulation embraced therein, except such modifications as are granted below—binding alike the Government and the company; a like agreement being considered as celebrated, to have effect until the 30th of September, 1889.
It is agreed, nevertheless, that during the continuance of this contract the annual subvention stipulated in article 12 of the contract of 1886 shall be reduced to the sum of $19,500, the same to be paid to the company in the manner and under the conditions expressed in this same article.
Article 15 of the last contract shall not form part of this one.
[l. s.]
Contract.
The secretary of state for the department of public works, under authority from the General President, on the one part, and Mr. J. H. Leverich, special agent of the Pacific Mail Steamship Company, on the other, have made the following contract:
Article I.
Leverich, in the name of the company which he represents, binds himself to have the steamers of the latter perform the service in the ports of the Republic on the Pacific Ocean in conformity with the itinerary now in force, published by the company in New York on the 15th of October, 1885, which same the aforesaid company may modify as regards the dates for connections, leaving unaltered the number of steamers now performing the service, which are as follows:
Two of the steamers, at least, of the line known and designated as the “Through Line,” between Panama and San Francisco, Cal., shall call at the ports of San José and Champerico, each one of them once a month, both going and returning.
One of the steamers of the line known and desiguated as the “Mexican Line,” between Panama and Acapulco, shall call, both going and returning, once in each month, at the ports of San José and Champerico. The company, notwithstanding, reserves to itself the right to suspend the service to the Mexican ports; but, in such case, the steamers of the direct line shall perform the service in the ports of San José and Champerico to land and receive passengers, mails, and cargo which those of the Mexican line may fail to do.
Two of the steamers of the line known and designated under the name of the “Central American Line,” which perform the service between Panama and Champerico, shall call once a month, both going and returning, at the port of San José, proceeding as far as Champerico.*
[Page 69]Article II.
Should the Government open a new port on the Pacific coast, the company binds itself to have its steamers come to anchor opposite the same whenever there is cargo, the same as in the port of San José, provided the anchorage will permit it.
Article III.
The company binds itself to transport all cargo for import or export which may be for or in the ports of Guatemala, and for which it will reserve a minimum space of 250 tons in its steamers.
When the necessities of traffic require it, the company will place one or more additional steamers between Panama, San José de Guatemala, and Champerico, and vice versa, calling at Tecojate when there is cargo to embark.
Article IV.
The steamers of the company shall transport (except in fortuitous cases, or where force majeure may render it impossible), without any more delay than the time fixed in the itinerary established, or which may be established, by the aforesaid company, all the correspondence, written or printed, proceeding from or to the ports of Panama and San Francisco, and from or to the ports of Central America and Mexico, delivering and receiving it in the ports of Guatemala, where the steamers are to call in accordance with this contract. The Government of Guatemala will fix the tariff of rates on said correspondence, and will collect the amount as a revenue which belongs to it, The company shall deliver the packages of correspondence at the side of the steamer at the port of anchorage, and shall receive them up to the hour of departure.
Captains shall not be permitted to receive letters outside of the mails, except those which may be delivered to them upon the high seas, which shall be delivered to the officers authorized by the Government to receive them; it is nevertheless agreed that the company may receive and carry outside of the mails all letters or papers for or from its agents or employés when they refer to the business of the company.
Article V.
The steamers of the company shall convey to the ports of Guatemala mechanics, agricultural laborers, or others who may desire to emigrate to the Republic from any of the ports at which the steamers call at a rate which shall not exceed the half of what deck passengers generally pay, provided there be not more than 25 persons on each steamer, that they come under contract with or engaged by the Government, and present, either written or printed, the contract made by the Government, or with its agents authorized for the purpose.*
The company also agrees to give free passage to the ministers plenipotentiary of the Government of Guatemala in actual service to any of the republics of Central America, to Panama, or San Francisco, California, and vice versa, and to the other employés on commission from the Government, upon previous attestation of their character by proper documents.†
The company agrees to transport materials for the construction of railroads, which may come from New York or from San Francisco, when their construction is exclusively for account of the Government, and also for any other work of public utility undertaken by the same, at a reduction of 25 per cent, from the established rates; it being understood that this rebate shall be made solely from the proportion of freight accruing to the steamers mentioned in this contract.
Article VI.
The steamers shall be received at any hour of the day in the ports where they are to call in accordance with this contract, and shall be dispatched at the hour indicated for their departure, by day as well as at night, on working days or holidays; but if the train shall have already left Guatemala or Retalhulen, the steamer shall not sail until it arrives at San José or Champerico; and, in order that the steamers may suffer no delay, the Government shall give orders to the captains of the ports to receive and dispatch them with the greatest efficacy and promptness.
It is a condition that the steamers shall remain in the ports specified in this contract for a time sufficient to land and embark passengers, mails, and cargo; but in no case shall the delay exceed 24 hours, unless the company agree thereto.
[Page 70]It is also agreed that the steamers of the through line shall not be detained at the ports of San José and Champerico longer than the time necessary to laud and take on passengers and mails; but if a sufficient quantity of cargo is offered, their stay shall be prolonged to 12 hours.
These through steamers shall be received and dispatched, if the weather permit, at any hour of the day or night.*
Article VII.
The steamship company binds itself not to increase the tariff for freight and passage now established from the ports of Guatemala to Panama and San Francisco and to the intermediates between the two latter ports, and vice versa, collecting the following for passage to New York and to San Francisco:†
| From Champerico to New York | } | ‡ $170 |
| From San José to New York | ||
| From same ports to San Francisco | ‡ 100 |
Article VIII.
Besides, the company binds itself to make a reduction of 25 per cent, in the tariff established for the transportation of the products of Guatemala to San Francisco, excepting coffee and sugar, the freight on which having already been reduced to $12.50 and $8 American gold per ton of 2,000 pounds respectively.
The company also agrees to reduce by 25 per cent, the freight on flour which may be introduced into Guatemala from San Francisco, and the freight which is collected by the existing tariff on corn and wheat from San Fransisco, which the Government may have to import on account of poor crops of those cereals in the country.§
Article IX.
If, for any unforeseen cause, the steamers shall carry the mails, merchandise, or baggage to other ports of entry of the Republic, for importation, they may land them, binding themselves to reship them to their destination, for their account and risk, in another steamer, without thereby incurring import duties or other imposts in the port of their provisional landing.
Article X.
The Government of Guatemala concedes to the steamers of the company the right to leave any of the ports of the Republic in case of bad weather without obtaining the corresponding permit.
Article XI.
The mail service carried on by the steamers shall be performed at Panama, as at present, through the medium of the consul of Guatemala in that city; but when the Government may have no consul at Panama, the company shall attend to this service without any increase of subsidy.
Article XII.
The Government of Guatemala shall pay to the company, for the service which the latter binds itself to give, an annual subsidy of $24,000 in silver money coined and current in the Republic, payable monthly, with all preference, to the accredited agent of the company which it binds itself to have in this city; the amounts proceeding from the subsidy may be exported free of all duty.
Article XIII.
The steamers of the company shall be exempt from all port dues now established, or which may be established in the future.
[Page 71]Article XIV.
The steamers of the company shall perform the service with all regularity and exactness, and will not fail to call at the ports specified under any pretext, unless prevented by accident or bad weather; but if they fail to call for any other cause, or do not comply with the stipulation in article 3, the company shall lose and forfeit a proportionate amount of the subsidy for the voyage or voyages and port or ports omitted.
Article XV.
The Government of Guatemala is at liberty to contract with other individuals and companies for the establishment of new lines of communication; but, counting from this date, and for the term of this contract, it will not grant better conditions or greater advantages than those here stipulated for the service between San Francisco and Panama.
Article XVI.
If, during the continuance of this contract, the company should desire to sell the steamers which are the object of the same, it shall give notice to the Government of Guatemala three months in advance; the company being bound in any case that the purchasers shall guaranty the faithful fulfillment of the obligations stipulated therein.
Article XVII.
The company binds itself not to permit troops or munitions of war to be carried on board of its steamers from any of the ports of call to the ports of, or adjacent to, Guatemala, if there be reason to believe that these materials may be used against Guatemala, or that war or pillage is intended.
Article XVIII.
The company binds itself to strictly prohibit the employés on board its steamers from selling wines, liquors, and other dutiable goods in the ports of Guatemala.
Article XIX.
Differences that may arise between the Government of Guatemala and the company as to the understanding and fulfillment of the articles of this contract shall be adjusted in Guatemala by means of arbitrators, one named by each party; and, in case of disagreement, a third shall be named by the arbitrators themselves, whose decision shall be final and shall have the force of a sentence of a court of law.
Article XX.
This contract shall rule from the present date and terminate the 30th day of September of the year 1887.
[l. s.]
Special Agent.
The under secretary of the minister of public works certifies: that the above contract was approved by the General President in a decree which was signed the 23d day of the current month.
[l. s.]
Renewal, covering modifications to Articles I, V, VI, VII, and VIII, and the suppression of Article XX of the contract which expired September 30, 1887.
[Mail contract expires September 30, 1891.]
The secretary of state for the department of public works, under authority from the General President, on the one part, and J. H. Leverich, special agent of the Pacific Mail Steamship Company, on the other, have made the following contract:
I.
The contract entered into by the department of public works and Mr. J. H. Leverich on the 23d of February, 1886, is prorogued for two years: said prorogation terminating the 30th of September 1891, and in accordance with the terms as hereinafter set forth.
II.
The following is added to article i: All the steamers of the line known and designated as the “Mexican Line,” between Panama and Acapulco, will call once a month, both going and returning, in the port of Ocos, and from November until June one of the “through” steamers will call in the same port each month both outward and homeward.
III.
The following is added to paragraph 1 of article v: All immigrants, artisans, and farm laborers who may desire to come to the Republic with the intention of settling permanently will be entitled to the rebate of 50 per cent., provided they obtain a certificate to that effect from the Guatemalan consul in the port in which they embark, although they may not come under contract with the Government.
IV.
Paragraph 2 of article v is modified as follows: The company also agrees to grant free passage to ministers plenipotentiary, consuls, and other attachés of the legations and consulates of the Government of Guatemala in actual service to any of the Central American republics, to Panama, or San Francisco, California, and vice versa, and to the other employés of the Government in commission, upon previous attestation of their character by proper documents.
V.
The following is added to article vi: Neither passenger nor goods may be landed before the visit of the commandant of the port shall have taken place; and, in case of bad weather, the steamer will wait a day longer in order to effect a landing.
In grave and urgent cases the Government has the right to delay the steamers in the port 24 hours beyond the regular time agreed.
When there is good weather, steamers can not leave the port without a permit from the proper authority, who will issue it for the next port where the steamer is to call.
Every steamer must present the respective manifests made out in conformity with the bills of lading and deliver them to the Government employé commissioned to receive them on board.
VI.
The following is added to article vii: Persons securing passage from San Francisco to New York, or vice versa, will have the right to remain over in Guatemala during the time between one steamer and another, giving the company a guaranty of their reëmbarking.
VII.
The following is added to article viii: Whenever a steamer shall call at San José or Champerico, a private individual may exchange two ordinary animals of the country for one of the same species from California then on board.
VIII.
Article xx is suppressed.
[l. s.]