Mr. Mizner to Mr.
Blaine.
Legation of
the United States,
Guatemala, September 10, 1890.
(Received September 25.)
No. 159.]Sir: In acknowledging the receipt of your
instructions numbered 143 of the 5th ultimo, with its inclosures of copies
of telegrams and correspondence, I have the honor to add, on the subject of
the seizure of certain arms by the Government from the steamer Colima, that, if the agreement made in my presence by
the agents of the company and the Government had been carried out, it would
have ended the matter, as they admitted that the case was provided for in
article 17 of that contract. But the neglect of this Government, or the
conduct of the commandant of the port of San José in seizing the arms at the
time they were about to be transferred from one ship to the other, has
caused the trouble, as it will be noticed that on the 18th of July and prior to 8:15 a.m. of that day, he, the commandant,
had, “in view of the instructions he had received,” given the agent of the
steamer permission to transfer the property, and while it was being so
transferred captured it (see inclosure No. 1), the patron or captain of the
launch apparently acting under commandant’s orders.
His threat to sink the ship if the attempt to get under way was made, and to
possess himself of the arms “some way or other,” and his neglect to
officially deliver the arms to the steamer San Blas
as hereinafter stated, places this officer in such an attitude towards us,
especially as his acts have been, in substance, disavowed by his Government,
that I bad conceived it to be my duty to ask his removal from any civil or
military position which might bring him in contact with our ocean commerce,
and I had a letter to that effect partly written when your instructions
caused me to await further advices.
It will be noticed as a coincidence that, while Señor Sobral appealed to me
on the subject of delaying the arms on the 15th of July and I telegraphed to
you for him on the 16th, on the next day, the 17th, a large Krupp gun was
moved from this city to San José and placed in position there, as reported
in my No. 122 of the 19th of July.
It was finally understood that the arms should be put on the first mail
steamer going north, which, in this instance, was the San
Blas, the same commandant who took them from the Colima, to go aboard in uniform and officially deliver them to the
captain of the San Blas, with invoices and
explanations and such other formalities as might be usual and proper in such
cases. All of this the commandant neglected to do. The arms were received on
board of the San Blas on the 31st ultimo,
unaccompanied by any officer or representative of the Government,
[Page 98]
or any invoice, explanation, or
direction whatever; hence the letter I was about to write, above referred
to.
The memorandum of an interview with Señor Anguiano held on the 20th ultimo,
made by Mr. F. C. Sarg, who went with me to the end that there might be no
misunderstanding in the matter, goes herewith as inclosure No. 2.
The Colima was not detained beyond her usual hour for
departure, and the arms referred to were consigned to the minister of war of
Salvador.
Your telegram of July 20 apropos of this matter, which forms one of the
inclosures in your instructions to which I have now the honor to
acknowledge, has never reached this office.
I have, etc,
[Inclosure 1 in No. 159.]
Mr. Long to Mr.
Mizner.
Pacific
Mail Steamship Colima,
San José
Roadstead, Guatemala, August 6, 1890.
Sir: Referring to our conversation of this
date, as requested, I herewith send you a plain statement of the
occurrences at this port on the 17th and 18th of July last past.
I arrived here and anchored at 5:30 a.m., July 17; shortly after the
commandant of the port visited me in my room. He inquired about a
shipment of arms and ammunition consigned to the minister of war, of
Salvador. I admitted that such were on board. He claimed that we had
violated article 17 of the contract between the Pacific Mail Steamship
Company and the Government of Guatemala. Having a copy of said contract
on board, be read the article referred to and then admitted there had
been no violation. He then demanded the arms and ammunition referred to
above as contraband, Guatemala and Salvador at the time being hostile. I
refused to surrender the arms and ammunition above referred to until I
had communicated with Mr. J. H. Leverich, the special agent of the
Pacific Mail Steamship Company at this time in the city of
Guatemala.
He then told me that he would not permit the ship to leave under any
circumstances until he had possession of the arms and ammunition
referred to, and warned me not to undertake to get under way, as he
would hold the ship by his artillery, and, if necessary, sink the ship;
that by some means or other he intended to have those arms and the
ammunition. He notified me, also, that the Government had supervision of
all messages going over the wires, at the same time giving me permission
to communicate with Mr. Leverich concerning the matter. I did so, and
later in the day received a telegram from Mr. Leverich stating that he
had telegraphed to the New York office of the Pacific Mail Steamship
Company for instructions. Towards evening I received a second message
from Mr. Leverich instructing me to transfer arms for Salvador to
Pacific Mail steamship City of Sydney for storage
at Acapulco.
Early in the morning of July 18 I received from Mr R. L. Jones, subagent
of the Pacific Mail Steamship Company at San José de Guatemala,
notification that official order had been issued permitting the
transshipment as above referred to.
On the strength of the telegraphic instructions and notification of
official permission of the Guatemalan Government, at 8:15 a.m., July 18,
I discharged 20 cases of Winchester rifles and 25 cases of cartridges,
comprising the shipment consigned to the minister of war of Salvador,
info the launch alongside foe delivery on board the Pacific Mail
steamship City of Sydney, at anchor about 125
yards from the Colima.
As the launch left the ship, the patron of the
launch signaled to the town with a red silk handkerchief, and the crew
of the launch delayed as much as possible. Before the launch had made
half the distance between the two ships, a boat manned by a uniformed
crew, with an officer in charge, drew up alongside the launch and
directed it toward the pier. I saw the arms and ammunition hoisted from
said launch to the pier.
Inclosed please find all the correspondence referred to.
I was informed by our agent at the port that during our stay at the port
at the time referred to the ship was covered by two pieces of artillery,
one piece of which we could see from the ship.
Very respectfully,
J. S. Long,
Commanding Pacific Mail Steamship
Colima.
[Inclosure in J. S. Long’s
letter.]
Mr. Toriello to
Agent Pacific Mail Steamship
Company.
Port of
San José, July 18,
1890.
Sir: In view of the instructions which I have
received, you can order the transshipment from the steamer Colima to the steamer Sydney of the 20 boxes of arms and 25 of cartridges which came
from San Francisco for the ports of the Republic of Salvador.
I am, etc.,
[Inclosure 2, in No. 159.]
Memorandum.
On August 20, 1890, I waited on the United States minister by appointment
at 11:30 a.m. Mr. Mizner desired me to accompany him to the office of
the minister of foreign affairs with regard to a final settlement of the
arms question, as he considered my knowledge of the Spanish language
might be useful, and it was agreed that I should join him as
interpreter.
He informed me that some 4 or 5 days previously he had addressed a
personal demand of restitution of the arms to Minister Anguiano, and
that he had received no other reply than an invitation from that
gentleman to call at his office to-day at 1 p.m.
I proceeded to the palace with Mr. Mizner, who commenced the conversation
with Mr. Anguiano through me, desiring to hear what the Guatemalan
Government proposed to do in the matter: to this Mr. Anguiano replied
with a frank acknowledgment that his Government had been in the wrong,
and that he personally, being most anxious to arrange and settle the
difficulty, had already given orders to repack the arms and ammunition
with all speed, with the intention of sending them down to the port for
delivery to Pacific Mail steamer to-morrow. After some conversation Mr.
Mizner suggested that Mr. Anguiano should send him a formal written
reply to the above-mentioned demand, covering the following points:
- (1)
- The Government of Guatemala to declare that it had no
intention whatever to offend the Government or flag of the
United States, and to express its regrets. (Note: Other terms
were also used, i. e., “to offend the
susceptibilities,” “to hurt the feelings.”) Reference was also
made to the fact, that the commandant had acted in the seizure
on his own responsibility, and not by order of the Government;
furthermore, the Government was stated to have looked upon the
seizure as a matter of minor importance, as it had not taken
place on one of the steamer’s boats, but on a launch belonging
to the Agency Company. Mr. Mizner also referred to the trick
played on the Pacific Mail agent, the commandant having sent a
written authorization to transfer the arms from one vessel to
the other only a few minutes before the launch was
captured.
- (2)
- The Government of Guatemala declares itself ready and willing
to return the arms, having, in fact, already taken the necessary
steps to have them sent down to San José, where they will order
the commandante to make delivery on board of such steamer of
Pacific Mail Company as the United States minister shall
designate, bound north. (Note: Mr. Anguiano stated that to the
best of his belief the arms were complete, but he did not know
how it was with the ammunition; anyhow, he assured Mr. Mizner
that not a single cartridge would remain in Guatemala belonging
to that shipment. He acknowledged that the police had used the
arms and drilled with them, but did not remember for certain
whether any cartridges had been used, although he appeared to
think it probable.)
- (3)
- The Government of Guatemala to declare that the foregoing
reparation made to the United States does not affect or vitiate
any claims that may be pressed on behalf of the carriers, or the
consignees, or other parties interested in the arms and
prejudiced by their seizure. (Note: Mr. Mizner repeatedly
pressed this point on Mr. Anguiano’s attention so as to make it
perfectly clear to him. Mr. Anguiano stated of his own accord
that his Government acknowledged its obligation in this respect,
and that it would be willing to allow just claims. He
furthermore stated his willingness to have an examination of the
arms made before shipment, by a Guatemalan officer jointly with
the armorer of one of the United States ships now on the coast,
so as to obtain trustworthy evidence as to their condition when
returned to Pacific Mail Company.
Mr. Mizner finally requested Mr. Anguiano to send him his reply as soon
as convenient, as he was desirous of communicating the settlement of the
arms question to the State Department at Washington immediately.
F. C. Sarg.
Guatemala, August 20,
1890.
