No. 117.
Mr. Gresham to Mr. Baker.
Washington, October 30, 1894.
Sir: I have received your No. 383, of the 3d ultimo, inclosing a copy of the reply made by the Nicaraguan Government to your protest against the expulsion of Messrs. Lampton and Wiltbank without trial, in which that Government asserts that, as it exercises under the laws recently enacted the right to expel its own citizens without trial [Page 194] American citizens residing in the Republic can not claim more favorable treatment under the treaty of 1867.
If Messrs. Lampton and Wiltbank accepted office after the overthrow of Nicaraguan authority at Bluefields on July 5, without having taken part in the insurrection which led to that result, and if their acceptance of office was merely to contribute to the protection of the community under the de facto government, the Department considers that their expulsion was unjustifiable.
I have, therefore, to instruct you that the two gentlemen near Ausburn (whose case has been brought to the attention of the Department by the commanding officer of the U. S. S. Marblehead), Md. other Americans are entitled under the treaty of 1867 to reside and do business in Nicaragua; that they can not be deprived of that right unless it has been forfeited, and that they are entitled to know the grounds of forfeiture.
If forfeiture is claimed for causes other than political, they are entitled to an open and fair trial. If for alleged participation in an insurrectionary movement against Nicaragua, they should be informed of the charge against them and the evidence in support of it.
This position will be maintained by the United States hereafter in all cases.
I am, etc.,