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Mr. Shannon to Mr. Foster.

No. 143.]

Sir: Referring still again to the case of Consul Myers, I have the honor to inclose herewith a copy of a note, with translation, that I have received from his excellency the minister for foreign affairs of Salvador, requesting me to furnish him with a certified copy of the agreement concluded in 1890 between the minister-general of the Provisional Government of Salvador and Lieut. Denfield, U. S. Navy.

Among the inclosurcs that accompanied the Department’s instruction No. 11, of September 26, 1891, was a copy of Mr. Mizner’s No. 141, of August 18, 1890, in which he reports his action in the Myers case and refers both to the “instructions” he gave Lieut. Denfield and to the hitter’s report showing that the “instructions” had been complied with. But neither Mr. Mizner’s “instructions” nor Lieut. Denfield’s report accompanied the copy of Mr. Mizner’s No. 141 which was sent me.

In your No. 21, of November 20, 1891, the five conditions or articles contained in Mr. Mizner’s letter of instructions to Lieut. Denfield are set out at length, and an extract is also given from Lieut. Denfield’s report, referring in such terms to the agreement of the secretary-general to comply with the remaining articles that it would seem the agreement had not been reduced to writing, but was only verbal. And yet in your No. 53, of April 6, 1892, it is stated that through Lieut. Denfield Mr. Mizner entered into an agreement with the Salvadorian secretary-general and it was “expressed in writing.”

As the secretary-general himself, Don Benjamin Molina Guirola, returned to San Salvador from Washington some time ago and is now in San Salvador, I have no doubt there has been learned from him all the facts of this case, and that the character of the agreement he made with Lieut. Denfield is perfectly well known to the minister for foreign affairs.

In view of all this and our peremptory refusal to take the case into the Salvadorian courts, I deem it my duty to refer this request of Dr. Gallegos for a certified copy of the agreement to the Department, and respectfully await jour instructions in regard to it.

I have, etc.,

Richard Cutts Shannon.
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[Inclosure in No. 143—Translation.]

Señor Gallegos to Mr. Shannon.

Mr. Minister: Not finding in the archives of this ministry the original of the agreement concluded between the minister-general of the Provisional Government of this Republic and Lieut. Denfield of the American Navy, in the name of the legation which is to-day under the charge of your excellency I beg you will have the goodness to furnish me with a certified copy of the agreement, which ought to be found in the archives of the legation.

Thanking your excellency in advance for this favor, I have, etc.,

Salvador Gallegos.