Mr. Blaine to Mr.
Shannon.
Department
of State,
Washington
,
November 20,
1891
.
No. 21.]
Sir: During the revolutionary disturbances at the
city of San Salvador, in the month of July, 1890, the consulate of the
United States was violated by the Government troops and its flag torn down
and insulted. The property and archives of this Government and the personal
property of Mr. Myers, the consul, were destroyed or carried away, and Mr.
Myers subjected to great personal indignities and hardships. The incident
was of a very grave and serious character, inconsistent with the friendly
relations of the two countries, and in direct violation of article 35 of the
treaty of 1870.
Therefore, Mr. Mizner, at that time the minister of this Government to the
Central American Republics, proceeded to Salvador on board the United States
ship Thetis, and arrived at La Libertad on the 8th of
August. His report of what took place in this connection is contained in a
dispatch,*
No. 141, of August 18, 1890, a copy of which, with inclosures, was sent for
your information with Department’s No. 11, of September 26, 1891. This
Government could not, with self-respect, have accepted, and the Government
of Salvador could not have desired to do less in reparation than the
conditions which Mr. Mizner proposed to the Salvador authorities. They were:
- (1)
- That the flag shall be hoisted in broad daylight over the
consulate by a uniformed commissioned officer of the Provisional
forces.
- (2)
- As the flag is hoisted, a salute shall be made by a company of
infantry, under arms, accompanied by music. If practicable, this
should be accompanied by a salute with artillery.
- 3.
- That the consul of the United States shall he duly placed in
possession of his office, his property, and the archives, with a
full resumption of his consular rights and prerogatives, including
free and undisturbed use of mail and telegraphic facilities to the
minister of the United States residing at Guatemala and to the
United States.
- 4.
- That the minister of the provisional government charged with the
foreign relations of Salvador should address to me (Mr. Mizner) a
letter expressing his regrets and apologies.
- 5.
- That as soon as practicable a satisfactory payment be made for the
damage done to the property of the United States and the private
property of the consul.
The two first were complied with, and the third in so far as the property and
archives were remaining. After the completion of these ceremonies, Lieut.
Denfield reports that he “then called on the secretary-general, who agreed
to comply with the remaining articles contained in the United States
minister’s letter of instructions.” The incident, therefore, was not
considered closed by either party, and especially was the question of
pecuniary damages reserved.
I inclose herewith two inventories* prepared by Mr.
Myers, from, which it appears that the value of the property of this
Government destroyed in the consulate at the time in question amounts to
$137,25, and that the value of his personal property so destroyed amounts to
$2,035.40, a total of $2,172.65. It is expected that the Salvadorian
Government will promptly reimburse this Government to that amount.
In addition thereto Mr. Myers makes a claim for personal injuries and
sufferings, and in the opinion of this Government he is fairly entitled to
some compensation on that account. He suggests that $15,000 is a proper
amount to be paid him. But whether he is entitled to that or some other sum
this Government is willing to leave to further mutual consideration, only
desiring that the Salvadorian Government should do in this regard whatever
justice shall seem to require.
There is also a still more serious complaint in connection with this affair
to which Mr. Mizner adverted in the third article of the terms which he
proposed in the negotiations of the 9th and 10th of August, 1890. Mr. Myers
charges that lie was prevented by the Salvadorian authorities from
communicating with his Government directly or with Mr. Mizner, and that he
was refused a pass to leave the country except on condition that his
exequatur should at the same time be withdrawn. I inclose herewith an
affidavit of William P. Fletcher, dated August 4, 1890, which supports the
charge made by Mr. Meyers, also a copy of Mr. Mizner’s 203 of November 10,
1890, reporting a conversation with the telegraph-operator formerly in
charge of the submarine cable in Salvador.
Article 32 of the treaty of 1870 is plain with respect to the right of the
Government of Salvador to withdraw Mr. Myers’s exequatur upon reasonable
grounds, but to refuse to give him a pass to leave the country except on
that condition, while making no objection to his continuing to exercise his
consular functions if he would remain, was a species of duress the gravity
of which is increased by the fact that his avowed purpose in temporarily
leaving was to communicate with his Government. It would seem to have been
an attempt to do indirectly that which Mr. Myers charges was also done
directly, viz: to prevent his communicating with his superiors. These two
charges are important factors in this unfortunate affair and require some
satisfactory explanation or reparation.
You will form ally present this matter, upon the receipt of this instruction,
[Page 26] to the Salvadorian minister of
foreign affairs and ask that his Government will give it early attention;
and you will promptly report to me his reply thereto.
I am, etc.,
[Inclosure No. 21.]
Affidavit of William P. Fletcher.
I, William P. Fletcher, British subject and professor of languages,
accompanied Henry Ray Myers, consul of the United States of America at
San Salvador, to the telegraph office on August 2, when he requested the
director to transmit the foregoing dispatch to Washington (Exhibit A),
which the director declined doing, saying that it would injure the good
reputation of this Republic, and added that to have it sent the consul
would have to get an order from the secretary-general, Gen. Benj. Molina
Guirola. The consul requested him to write this at the foot of the
dispatch, but the director refused to do so, saying this would give the
consul ground on which to set up a claim.
Then I accompanied said consul to the secretary-general, and there, after
presenting him his personal respects and exchanging mutual and friendly
compliments, the consul requested permission to send said dispatch to
Washington.
In reply the secretary-general said that everything stated therein was
true at that time, but added that this dispatch would be read all over
the world and disgrace this country, and wanted the consul to make some
changes in it. To this the consul told the secretary to indicate the
changes he desired to be made, and he then dictated dispatch in Spanish,
hereto annexed (Exhibit B), and said dispatch was by me translated into
English for the consul, and is also hereto annexed, marked Exhibit C,
the consul saying he did not consider that he could send this dispatch
instead of the other, but that he would think the matter over. Then the
secretary requested another private interview, as he was very busy, and
both parties appointed by agreement 10 a.m. next day for the
interview.
On August 3, at the appointed time, I was also present during the
interview, acting, as the day before, as an interpreter for both
parties, when, complying with the consul’s request, I translated to the
secretary the following article of the treaty between the United States
of America and the Republic of Salvador:
“The consular offices and dwellings shall be at all times inviolable. The
local authorities shall not, under any pretext, invade them. In no case
shall they examine or seize the archives or papers there deposited.
“Consuls in all that exclusively concerns the exercise of their
functions, shall be independent of the state in whose territory they
reside.”
To which the secretary replied that that was all right in time of peace,
but that this was war time, and that the urgency of the case had made it
necessary to do what they did. The consul said that he thought they
ought to have atleast given him notice, so as to have been able to put
himself in safety: and the secretary replied that there had been no time
to do so, and assured the consul that the breaking of the doors and the
occupation of the consular office, the taking down of the flag by his
troops, and the damage to property were not done with any intention of
disrespect or insult to the United States, and that the Government had
not the slightest intention to cause any injury to the consul, if they
knew it, as personally he (Gen. Molina Guirola) and the Government had
the greatest respect for the consul’s uniform courtesy and gentlemanly
manners, and that they were ready to pay him for all personal losses of
property, submitting the question of the amount to be paid to a
commission which would be appointed by the Government. The consul
thereto replied that the breaking open of the consulate, the occupation
of the same by his troops, the hauling down of the flag, and compelling
the officer of the United States to hide in the back part of the
building (surrounded only by a few stones, to escape the bullets) for
thirty-one hours, without anything to eat, and then, being no longer
able to remain, having to take flight from the building through holes
dug in the back wall, and through heavy firing on both sides running for
2 miles, and then having to remain where the bursting of the grenades
and the flying of the bullets were causing destruction all around him
until about 3 a.m. on August 1, was a very important matter, which he
thought it his duty to freely and without fear of personal injury lay
before his Government, and that he was unauthorized to accept any
compensation for personal losses or injury until his Government had all
the facts before them and authorized him to make any arrangement
whatever for compensation for personal [Page 27] losses or injury and that it was his intention to
now proceed to Washington and lay all the facts before the Government
and would, therefore, request the secretary-general to give him a pass
which would enable him to go through his troops and embark on board an
American ship at such a time as he might be able to depart, and, in the
meantime, to give him another pass which would enable him to travel
anywhere within the Republic. The secretary-general then said that he
would cheerfully give him a pass to enable him to travel anywhere within
the Republic, but that if he wanted to leave the country he (the consul)
would have to apply in writing for another pass for that purpose, and
that when the consul did so he (the secretary) would grant the pass, but
at the same time withdraw the consul’s exequatur. The interview then
closed by the secretary-general giving the consul a pass, enabling him
to travel within the limits of the Republic of Salvador.
San
Salvador
,
August 4,
1890
.
Subscribed and sworn before me this 5th of August, 1890, San
Salvador.
[
seal.]
Gustave Yvano,
Acting
Consul.
Exhibit C.
[Translation of Exhibit B.]
Secretary Blaine, Washington:
On hordes of Indians commanded by the revolutionary Gen. Rivas that had
taken the military quarters here, and by an assault which lasted two
days, troops of the Government retook them. In so doing they took
possession of the consulate, and during the fight everything in the
office and private residence was lost, including flag which was then
hoisted. Order has been reëstablished, the constituted authorities offer
me security and regards, but I fear that further on I may not be
entirely satisfied, and I have resolved to leave.
San Salvador, August 2,
1890.
Ezeta’s government offered to pay for this, which the consul declined to
accept.
