Mr. Baker to Mr. Gresham.

[Extract.]
[No. 58.]

Sir: I have the honor of submitting to you certain correspondence which passed between your minister and the leaders of what is known as the Leon insurrection, in reference to the bombardment of this city at an early hour on the morning of the 24th instant.

The facts in the case are: Two steamboats well armed with cannon in possession of the Leoneses came over from Momotombo, between 5 and 6 o’clock (just before sunrise) on the morning referred to. As soon as they reached the position desired they commenced throwing shells promiscuously into the city, without any notice whatever, so far as I have been able to learn.

Each steamer had aboard one modern Krupp gun of 6½ caliber.

I have the testimony of an officer on board of one of the steamers that 52 shells were fired into the city. The American legation is situated four blocks from the plaza and five from the cuartel, at which these parties claim to have aimed their guns, and on much higher ground, yet the inmates of this legation will testify that 10 shells passed over or very close to the roof of the house, one of them killing a woman and wounding a man who were in a kitchen of a neighboring house still farther back from the lake. Another shell dug into the street within one-half block of the legation, exploding, and rattling our windows.

As the woman who was killed was a servant in the family of a brother of Gen. Zelaya, the commander of the armies and president of the junta, and it was in his house that the ball exploded, I could readily acquit him of having ordered such wild shooting, but I saw no reason, even after the junta’s explanation to modify the terms of my protest.

I am, etc.,

Lewis Baker.
[Inclosure 1 in No. 58.]

Mr. Baker to Gen. Zelaya and the revolutionary junta.

Gentlemen: The undersigned, a diplomatic representative of the Government of the United States, residing at the capital of Nicaragua, which is the seat of the legation, noticed with pain and humiliation an act of barbarism, at an early hour this morning, committed by officers and men presumably acting under your authority and direction. I refer to the bombardment, with death-dealing missiles, of this city, without previous notice, thus jeopardizing the lives of American citizens, the citizens of other foreign governments, women, children, and other noncombatants.

I need scarcely call your attention to the fact that such proceedings are condemned by civilized nations throughout the world, and in the name of the civilized sentiment of this age, in the name of a common humanity, in the name of the Government which I represent, I enter this my firm and solemn protest.

I am, etc.,

Lewis Baker.

The consular corps residing in this city, founded on the same reasons of the minister of the United States, agrees in the whole to the preceding protest.

  • Vicente Rodriguez,
    Vice Consul of Spain.
  • H. E. Low,
  • Consul of Austria-Hungary.
  • Pablo Giusto,
    In his name and that of the Italian Colony.
[Page 207]
[Inclosure 2 in No. 58.—Translation—Telegram.]

Señor Callejas to Señor Gamez.

The “Junta de Gobierno” deplores sincerely the misfortunes which occurred in Managua, as we learn from the mail exBrasil in consequence of the bombardment, all the more as the greatest damage was done to our friends.

We earnestly desire that the genera] in chief give as early a notice as possible to the diplomatic corps, in the event of our being compelled to the grievous necessity of continuing the attack.

Callejas.
[Inclosure 3 in No. 58.—Translation.—Telegram.]

Señor Gamez to Señor Callejas.

Please call a continuous session of the junta de Gobierno and cabinet to hear a report on diplomatic matters which I shall lay before them hereafter.

A foreigner has just arrived, under a flag of truce, from Managua.

J. D. Gamez.
[Inclosure 4 in No. 58.—Translation.—Telegram.]

Señor Callejas to Señor Gamez.

We are in permanent session.

Callejas.
[Inclosure 5 in No. 58.—Translation.]

Señor Gamez to the members of the “Junta de Gobierno.

Mr. Gallard, a French citizen, has just arrived, under a flag of truce, and brought a dispatch of the American minister, subscribed also by the consular corps in which they protest against the bombardment of Managua without previous notice, an action which they consider contrary to the laws of war, although they recognize that the said action comes from subordinate officers and not from any preconcerted arrangement of the junta whose former proceedings place it above any unfavorable opinion. Mr. Gallard also admits that inasmuch as but a few shots were fired, the bombardment clearly was not meant as an actual bombardment but a feint, with a strategic end in view. The action, according to official reports from the commander of the squadron, was only meant for a warning that preparation be made for protection against any subsequent similar attack that might be made in earnest. They only took aim at the wall of the main barracks, but the rather heavy motion of the waves deflected the aim, and some shells fell on the houses of persons dear to the chief of the revolution, among others that of his brother, Francisco Zelaya, and of his friend and associate Gen. Juan de Dios Moriera, thus demonstrating that he is not responsible for what occurred in the city.

I believe with the general commander that these facts may be announced and assurance given to the diplomatic corps that in case the revolution be compelled to resort to actual bombardment, previous notice will be given so that the persons placed under the protection of the laws of civilized nations may seek shelter, it being understood, however, that the diplomatic corps will guarantee that the enemy will respect the same laws in the persons of our bearers of flags of truce. The bearer of the answer to the proposal of peace contained in a letter from Dr. Luciano Gomez sent to them several days ago was taken prisoner, and has never been allowed to return, an act against which the junta must now enter its protest.

I am, etc.,

José D. Gamez.
[Page 208]
[Inclosure 6 in No. 58.—Translation.]

Señor Gamez:

The “Junta de Gobierno” applauds the terms of your telegram which we have just received, and request that you enter a counter-protest with the American minister and diplomatic corps in our name against the arrest and detention of the message-bearer who took the answer to Dr. Luciano Goméz, concerning terms of peace, a detention which is in complete violation of the laws of war. This junta wishes for the utmost regularity, if it should unfortunately become necessary to continue the hostilities, and expects that the chiefs of the army will conduct their operations in strict compliance with the law of nations. The demonstration against Managua which took place this morning was not in our mind meant to cause damage to a city which we esteem so much, and we sincerely lament its results. The junta also solemnly declares that the action which it deplores was a mere feint of bombardment, a strategic move directed against the main barracks, and in no way a formal attack of which it has always been our purpose to give due notice. Please tell us when the session may be adjourned.

  • F. Baca, Jr.,
  • Pedro Balladares.
[Inclosure 7 in No. 58.—Translation.]

Señor Gamez to Mr. Baker.

Sir: Duly authorized by the honorable Junta de Gobierno, residing in Leon, as you will see by the telegram which I inclose and also by the President of the same junta and general commander of the army, Gen. J. S. Zelaya, I answer your esteemed communication, received to-day from the bearer under flag of truce, Mr. Gallard, and dated yesterday in that capital.

The Junta de Gobierno, for which I speak in this instance, has been very much surprised at the harsh and insulting language used by the American minister in his said communication in appealing to the humanitarian sentiments of said junta, a language which the junta attributes to the unpleasant impression created, as you say, by the act of war against the enemy which is fortified in that capital, and not to any premeditated intention of offending in the name of the Government of the United States a friendly nation like that of Nicaragua.

The circumstances to which the minister refers happened in the following manner: Four days ago the enemy occupied this town (Mateare,) and was attacked during seventy hours by the steamers Angela and Progresso in cooperation with the land forces until completely defeated. Nobody called us barbarians or savages because we made use of the artillery of the steamers and on land against the besieged place. There were numerous families there, who retired prudently when they saw us arriving with warlike purposes.

The enemy vanquished in Mateare, fled and took refuge in the neighboring forts of the capital from which they resist us. As a consequence the steamers have gone in pursuit to harass them, while our land forces cooperate with their artillery in the attack upon them in the same way they did here. However, wishing to avert casualties they remained for several hours in front of the city sounding the alarm with their fifes, and giving unmistakable indication that they were engaged in warfare and even when their first fire was answered from land with four pieces of artillery they confined themselves to firing some twenty shots npon the main barracks, situated near the shore of the lake, and which is the most important bulwark of the enemy.

You complain that the chief of the steamers did not give previous notice of some hours before firing, and say that such is the usage of civilized nations whenever a town is about to be bombarded. The minister has forgotten that it was not a case of bombarding a defenseless city, but of attacking a fortification of the enemy, who defended themselves with equal arms, that the steamers were the victors in pursuit of the vanquished endeavoring to bring about a definitive surrender, and thus were allowed by the laws of war to act as they did. If an inhabitant suffered personally he must blame himself for not seeking a place of refuge, after seeing two enemies confronting each other, who have been fighting for some time past.

But, inasmuch as the American minister is pleased to believe that the revolution of Nicaragua must give him previous notice of its war operations against the enemy in the capital, I will make it a duty of courtesy to gratify him and to give him notice by the presents that so soon as our land forces occupy certain positions the [Page 209] artillery at its command on land and water will fire without interruption until it achieves victory or suffers defeat.

Having thus given the so-much-desired notice, I hope the minister will impress upon the families the advisability of leaving as soon as possible, if the enemy, for lack of regard for those people, decline to look for a battle in some uninhabited place, as humanity and patriotism demand.

Before concluding I must counter-protest to the minister upon an act contrary to the laws of war committed by the enemy residing in your city. They spoke about peace, they proposed an armistice, and as soon as they succeeded in taking advantage of our good faith, to the extent of our sending a message-bearer under a flag of truce, they took him prisoner and have unduly held him for over eight days.

I am, etc.,

José D. Gamez.
[Inclosure 8 in Xo. 58.]

Mr. Baker to Gen. Zelaya and the members of the Junta de Gobierno.

Gentlemen: I have your reply to my communication dated July 23, in regard to the bombardment of this city, without previous notice to noncombatants and at an hour so early in the morning as to awake the people to the startling music of whistling cannon shells.

Your explanation is a reasonable one, and is accepted in full faith. I am sure that no one could imagine that you would direct the indiscriminate throwing of explosive bombs into the houses of friends and foes alike without previous warning. After more than one shell had whistled over the roof of my residence and one had exploded in the house of a neighbor not far removed, dealing death in its explosion to an innocent inmate, I thought it proper to enter my protest in language that could not well be misunderstood. You enter a counter-protest that you sent a messenger with a white flag to the officers in charge of the Government at the capital, and that, in bad faith, they detained him. This is the first intimation I have had of this occurrence. I have no hesitation in condemning, in terms strong and emphatic, any such behavior, and I regret that I was not promptly advised of this act in order that I might have exerted any influence I might possess in the enforcement of good faith and well-approved methods.

I am, etc.,

Lewis Baker.