Mr. Hosmer to Mr. Wharton.

No. 243.]

Sir: Concurrently with dispatch No. 150 of the minister of the United States, to which I beg respectfully to refer as continuing the history I am about to narrate, I have the honor to report that on Monday [Page 87] morning, the 25th instant, during the absence of the minister of the United States at Acajutla, Salvador, I received a telegram from Mr. Florentine Souza, consular agent of the United States at Champerico, copy of which, with translation of the same into English, I inclose herewith, wherein it appears that the commandant of the port of Champerico states that Gen. J. M. Barrundia is a passenger on board of the steamer Acapulco, on his way to Salvador, charges him with high treason and other crimes against Guatemala, and requests permission to visit the vessel for his arrest and removal, the consular agent closing with the inquiry as to what he shall do in the matter.

I replied by telegraph to Mr. Souza, copy of which I inclose herewith, to the effect that I thought Guatemala had the right to search foreign vessels in her own waters for persons suspected of hostility to her during time of war, and that he was at liberty to communicate my opinion to the commandant.

On the following morning at about 10 o’clock I received a note from the President of this Republic asking me to call upon him at his house to converse about a matter of importance, copy of which note, with translation into English, I inclose herewith.

I called upon the President promptly in response to his request, and he recited to me in the interview a number of charges which the Guatemalan Government had against General Barrundia, with secret information, as he expressed it, that General Barrundia was on board of the steamer Acapulco, at that moment in the port of Champerico, en route to join the forces of Salvador against his own country. The President furthermore informed me that a copy of my telegram to Mr. Souza of the previous day had been shown to him, and he requested me to repeat it, in substance, by wire to Captain Pitts, commanding the steamer Acapulco.

I had received no information at that time when the minister of the United States would return, or that the bases for peace had been signed by General Ezeta on the part of Salvador. I accordingly promised to address a telegram to Captain Pitts immediately, which I did at the central office of telegraphs, and copy of which I inclose herewith.

On my return to this office a messenger from the foreign office brought to me a note from Señor Anguiano, minister for foreign relations, which, as will be observed in the copy and translation into English inclosed herewith, sets forth the reasons which inspire the Government of Guatemala in its desire to arrest General Barrundia and remove him from a vessel sailing under the American flag.

At the time I received this note I was informed that the minister of the United States would arrive in this capital at 2 o’clock of the afternoon. He did so, and on his arrival at this legation I reported to him at once all that had occurred in the matter which is the subject of this report.

About a quarter past 5 o’clock of the same day, and while I was on my way from this office to my hotel, I was met by a messenger of the telegraph office, who handed to me a telegram from Mr. Souza, containing the following words only: “Please answer Captain Pitts’s telegrams as soon as possible.”

On reading Mr. Souza’s request, and not having received any telegrams from Captain Pitts, I proceeded at once to the central office for telegraphs, and upon inquiry found a clerk making a corrected copy of a telegram from Captain Pitts addressed to me, which I inclose herewith, the substance of which was that J. M. Barrundia had embarked on his ship at the port of Acapulco with a direct ticket for Panama, and [Page 88] that he the captain would suggest that, as a guaranty for the ship and himself, the passenger Barrundia should be retained on board until arrival at San José, where Captain Pitts would place himself under the orders of the minister of the United States, and requesting me to submit the telegram to that official.

I replied at once to Captain Pitts in the following words: “Your telegram just received. Will submit same to United States minister for his answer.”

Immediately after dinner I returned to the legation and submitted Captain Pitts’s telegram and my reply as above to the minister of the United States, thus concluding all official action in the matter upon which I have herein reported.

I am, sir, etc.,

James R. Hosmer,
Consul-General.
[Inclosure 1 in No. 243.—Translation.]

Consul-General of the United States of America:

The commandant of Champerico has sent me the following communication:

“I have had notice that Barrundia intends to embark on one of the Pacific Mail steamers coming from the north as a passenger for Salvador, and, as he has been found with arms in hand against Guatemala, he has committed the offense of high treason and other crimes, as the public well know. I have the order of my Government to arrest the said Barrundia on the anchoring of the ship that brings him, for which reason I beg that you will please suggest to the captain to aid as best he may, so that said person can be delivered to me according to the law of nations, besides the extradition treaty for criminals ratified in 1870 between the Governments of Guatemala and the United States, which applies in the present case.

“I beg that you will please answer me for my present information, and I remain your obedient servant,

Augustin Paniagua.

Accordingly, I beg that you will communicate to me instructions as promptly as possible, as it is thought that the steamer in which Barrundia is a passenger will arrive at Champerico to-morrow, and it is necessary to have your orders to know what I ought to do in this matter.

F. Souza,
Consular Agent.
[Inclosure 2 in No. 243.—Telegram.]

Mr. Hosmer to Mr. Souza.

Señor Don F. Souza,
Agente Consular de los E. E. U. U. del Norte, Retalhulen, Guatemala:

United States minister absent. I think Guatemalan Government has right to search foreign vessels in her own waters for persons suspected of hostility to her during time of war and to arrest them. You may communicate this opinion to the commandant.

James R. Hosmer,
United States Consul-General.
[Inclosure 3 in No. 243.—Translation.]

President Barillas to Mr. Hosmer.

Gen. Manuel L. Barillas courteously salutes the Hon. Mr. James R. Hosmer and requests him to please come to his house for conversation upon an important matter.

[Page 89]
[Inclosure 4 in No. 243.]

Mr. Hosmer to Captain Pitts.

The Guatemalan Government has the right to search your steamer for any person or persons hostile to this Republic, and, if found, to arrest him or them. You will therefore please see that no obstacle is permitted to that right of search in accordance with the law of nations. The United States minister is not here, but is expected this afternoon.

  • James R. Hosmer,
    United States Consul-General.
  • Captain Pitts,
    Captain of Pacific Mail Steamer Acapulco.
[Inclosure 5 in No. 243.—Translation.]

Minister Anguiano to Mr. Hosmer.

Honorable Sir: The captain of the steamer which anchored to-day in Champerico resists, as the commandant of the port informs me, to permit the arrest of Gen. J. M. Barrundia, who is aboard of that vessel. This Guatemalan general has not only in different ways attacked his country, Guatemala, but has armed himself against her, raising an armed faction on the Mexican frontier to invade her.

Barrundia landed a few days since in San Benito, a Mexican port, having arms with him, and when he put them in hands in Tapachula, and moving upon Guatemala, was arrested and deprived of his arms; finally, be dared to penetrate the territory of Guatemala, leading an armed faction.

The facts referred to, Honorable Sir, show the perfect right which exists in the Government of Guatemala, being in a state of war, to capture Barrundia on the steamer which is anchored in Champerico; for certainly the consul-general and secretary in charge of the business of the United States of America knows that every nation, being in war, can examine or inspect foreign vessels in its own waters and capture those simply suspected of being hostile.

Besides, by the contract which the Government made with the Pacific Mail Steamship Company, that company should not permit the bringing or taking to Guatemala, nor to the adjacent countries, any element of hostility in time of war, such as exists at this time.

Accordingly, I address myself to the honorable consul-general and chargé d’affaires of the United States that he will, if he thinks proper, give his directions by telegraph to the effect that the captain of the vessel referred to may not offer any resistance to the capture or arrest of the said Gen. J. Martin Barrundia.

With assurances of my high consideration, etc.

  • F. Anguiano.
  • Hon. James R. Hosmer,
    Secretary in Charge and Consul-General of the United States, present.
[Inclosure 6 in No. 243.—Telegram.]

Captain Pitts to Mr. Hosmer.

Hon. James R. Hosmer,
United States Consul-General:

The passenger J. M. Barrundia embarked at Acapulco with a direct ticket for Panama. Under these circumstances, I would suggest, as a guaranty for my ship and myself, to hold the passenger on board until my arrival at San José, where I will place myself under the orders of the American minister. As you expect him this afternoon, please submit this to him and give me an answer.

Please ask Hockmeyer & Co. for the cipher word in the Pacific Mail code of my name, and insert the same in your answer. Please send man-of-war with your written orders, and avoid telegraphic orders, if possible. Answer.

W. G. Pitts.