Mr. Pacheco to Mr. Blaine .

No. 42.]

Sir: Referring to your instructions No. 35, of February 28 last, and, in accordance with directions therein contained, I have the honor to report that I formulated a demand on this Government, as per inclosure No. 1, the translated answer to which is embodied in inclosure No. 2, dated July 15.

The secretary for foreign affairs has from the beginning in all of our interviews maintained that the ceremonial apology was not to the Pacific Mail Company, and would not have been made had his Government not been led to believe by the chargé d’affaires that it would be accepted as complete reparation on the part of his Government.

Notwithstanding the many interviews with Minister De Leon, the case stands as per inclosure, and I have preferred to await further instructions in this matter.

I have, etc.,

R. Pacheco.
[Inclosure 1 in No. 42.]

Mr. Pacheco to Señor De Leon .

Mr. Minister: I have the honor very respectfully to call the attention of your excellency’s Government to the matter of the arms seized and taken by the Guatemalan authorities from the Pacific Mail Steamship Company’s steamer Colima at San José de Guatemala, July 18, 1890, and subsequently put on board the steamship San Bias, of the same line.

It seems that in an interview with the Guatemalan minister for foreign affairs, held on January 24, 1891, the matter was discussed at some length.

The minister admitted that his Government was at fault in regard to the way in which the arms were put on board of the vessels and expressed his willingness that reparation should be made.

On the 29th day of January, Col. Toriello offered and made an apology to the captain of the Pacific Mail steamship City of New York for the unceremonious manner in which the arms were returned to the steamer San Bias.

The apology and reparation, so far as they go, affected solely the steamship company.

[Page 67]

It is not reasonable to suppose that Col. Toriellpo’s expressions of regret and apology to Capt. Johnston, of the merchant steamer City of New York, can of itself constitute, so far as the Government of the United State is concerned, an expiation for the manner in which the arms were taken by the said colonel from the Pacific Mail steamer Colima.

The expectation that my Government would receive from that of Guatemala some satisfactory apology or reparation is as yet unrealized.

The ground for complaint of my Government was the wrongful seizure of the arms and the threats against and indignity shown to an American ship, while the unceremonious character of the only act done by the Guatemalan Government in disavowal was an incident only.

While thus presenting to the Government of Guatemala the desire and expectation of the Government of the United States that satisfactory apology or reparation for the whole wrongdoing would be made, I courteously refrain from formulating a demand, but leave it to your excellency’s Government to tender adequate redress of its own volition.

If so tendered, its sufficiency would remain to be determined in a spirit of frankness and friendship.

Availing myself, etc.,

R. Pacheco.
[Inclosure 2 in No. 42.—Translation.]

Señor De Leon to Mr. Pacheco .

Most Excellent Sir: I had the honor to receive the estimable communication of your excellency dated June 18 ultimo, in which you are pleased to inform me that, by instruction from the Department at Washington, you call the attention of my Government to the incident that took place on July 18 of last year respecting the arms carried by the Colima, also what occurred with reference to the manner in which the return of said arms was made.

Your excellency is pleased to observe that the ceremony which on that account took place between the commandant at the port. Col. Toriello, and Capt. Johnston, of the City of New York, was simply an apology or satisfaction on the part of the commandant to the said Capt. Johnston, and the reparation, so far as it went, referred only to the Pacific Mail Company by reason of certain formalities having been omitted in the act of delivering the arms on board the steamer San Bias.

Your excellency will allow me to say, that the ceremony agreed upon at the conferences held on the 26th and 27th of January of this year between the Hon. Mr. Kimberly, then chargé d’affaires, Señor Anguiano, at that time minister of foreign relations, and Mr. Leverich could not refer only to the steamship company, because the Government of Guatemala, very far from having any reasons for making apologies to the company, had, on the contrary, grounds to feel surprised at that proceeding, not very impartial at the time, and during the emergency of the Republic with the neighboring one of Salvador, on account of the violation of article 17 of their respective contract. The aim, then, at which the purposes of the Guatemalan Government were directed, was that of giving satisfaction to the Government of your excellency, thereby adding one more proof of the desire which it cherishes that the relations between both countries shall be maintained unalterable.

In conformity, then, with what was settled upon at those conferences, the commandant at the port of San José, as per agreement with the Hon. Mr. Kimberly, presented himself on the 31st of January, 1891, dressed in full uniform, to Capt. Johnston, of the City of New York, and made his apology. The ceremony was performed with the formalities requisite in such a case, and the flags of Guatemala and the United States were saluted by all present.

This ceremony, then, can not be taken as an apology to the steamship company, since it was invested with the high dignity in all its character, and, as at the conferences held to that effect with the honorable representative of the United States, it was the basis in point for which apologies should be given, not only for the omission of formalities, but also for what happened on the 18th of July, 1890, and with the understanding that, such a ceremony once celebrated, the incident would remain settled to the satisfaction of both Republics.

Only in this view, Mr. Minister, can the fact be understood of Señor Anguiano Jiving given his acquiescence to the celebration of suck & ceremony, when it is only [Page 68] appropriate to apologize to a government with which mine endeavors, and has always endeavored, to cultivate the friendly and cordial relations that hind both.

I believe it to the purpose, on this occasion, Mr. Minister, to remind you that even the newspapers of the United States have judged generally from the same point of view the subject which occasions this note.

I cherish the hope, Mr. Minister, that with these explanations given your honorable legation will be satisfied, and that the matter in question may be considered terminated.

I am, etc.,

Emilio de Leon,
Minister Foreign Relations of Guatemala.
  1. The act of March 3, 1891, making appropriations for the diplomatic and consular service for the fiscal year ending June 30, 1892, provided for an envoy extraordinary and minister plenipotentiary to Nicaragua Costa Rica, and Salvador, and one to Guatemala and Honduras.