No. 53.
Mr. Uhl to
Mr. Baker.
Washington, May 23, 1894.
Sir: Yours of the 11th instant, has been received. It reports the escape of Norberto Argüello, the murderer of William Wilson, under circumstances conclusively showing that the assurances given to you that the criminal would be imprisoned and duly brought to justice were unsubstantial, and that the negligence whereby the superior authority at Bluefields permitted his escape was no less culpable than the protection openly given to the accused by the governor at Kama. Indeed the responsibility of the commissioner at Bluefields was greater, in view of the previous action of his subordinates and the solemn obligation he took upon himself in the name of the Nicaraguan Government to prevent any such failure of justice as Governor Torres had helped to bring about.
A telegram received from Captain Watson on the 18th instant via New Orleans, confirms your statements touching the positive culpability of the Nicaraguan commissioner in connection with Argüello’s escape.
Mr. Gresham’s instruction of the 12th instant, directed you to make appropriate demand for the removal of Governor Torres, the trial of Argüello, and the adoption of effective steps to protect American life and property. The course of Argüello’s immediate protector, Torres, deserving as it is of unmistakable rebuke, is almost dwarfed by the astounding negligence of Commissioner Lacayo, whose duty in the premises was as imperative as his pledges to perform it were positive.
Senor Laoayo’s excuse that the escape of Argüello may be the work of “some hidden enemy of Nicaragua, serving as an instrument to excite difficulties with a friendly Government” is puerile in the extreme. His powers and authority were ample to prevent the freedom which, as the affidavits sent by you demonstrate, Argüello was enjoying in the open view of any person passing by the jail. That this notorious state of things could exist without Senor Lacayo’s knowledge is inconceivable, except as the assumption that his incompetence for the high trust he holds is even greater than his wanton neglect of obvious duty.
It is expected that the immediate displeasure of the Nicaraguan Government will be signally visited upon this officer. The assurances you have already received of the disposition of the Government of Nicaragua toward the similarly incompetent and culpable governor of Rama should be a guarantee of the prompt suspension and removal of Commissioner Lacayo.
The obligation of Nicaragua to put forth every possible effort to recapture Argüello and bring him to justice is clear, and you will ask that this be done, including the usual resort to proceedings of extradition, should he have fled to another country.
I sent you a telegram on the 22d instant, instructing you that culpable responsibility for Argüello’s escape is clearly shown by your dispatch and Captain Watson’s report, and to ask redress and immediate effective rebuke to those blameworthy; that Lacayo, having been more directly responsible, his culpability appears even greater than that of Torres, whose removal you were directed to demand in an instruction of the 12th instant.
You may read this instruction to the minister for foreign affairs, and you may add that the Government of the United States, which on so [Page 93] many occasions has given proof of its regard for Nicaraguan rights, especially in connection with this very question of the Mosquito territory, can look for nothing less than equally considerate and friendly treatment on the part of Nicaragua, and confidently expects that speedy action will be taken, in the interest of mutual good understanding, to remedy and punish this extraordinary action of its dependent officers.
I am, etc.,