Mr. Hay to Mr. Sampson.

No. 126.]

Sir: Referring to the Department’s No. 106, of October 5 last, relative to the summons issued against the United States consul-general at Guayaquil, I inclose copies of two dispatches from that officer, from which it appears that the President of Ecuador has expressed regret at the incident, and that the police magistrate has been removed from office.

I am, etc.,

John Hay.
[Page 263]
[Inclosure 1.]

Mr. de Leon to the Department of State.

No. 83.]

Sir: I have the honor to acknowledge your No. 51. I fear I am likely to obtain no satisfaction for the outrage perpetrated by the Ecuadorean police magistrate, Landin.

Permit me to say that I make no complaint in regard to the serving of summonses. I am well aware that a consular officer is not exempt from civil process, even in cases like my own, where the claims are baseless and brought to annoy him. What I do complain of, and what I hoped the Department would require redress for, are the false and insulting remarks made about me by the police magistrate in open court, without the slightest justification, and the invasion of the consulate and my residence (even my bedroom) by a constable entering them to serve the summonses. This I regard as an outrage on the United States as well as myself. Even were I a citizen of Ecuador, my residence could not legally have been entered, while, as consul-general of the United States, I claim the consulate is equally inviolable. I can not see what bearing, therefore, your remarks, the “immunity from service of judicial process enjoyed by consular officers of other governments stationed in Ecuador,” has upon the case in question. I hope you will concur in my views, and that Minister Sampson will be instructed to exact an apology from the Ecuadorean Government. * * *

Perry M. de Leon, Consul-General.
[Inclosure 2.]

Mr. de Leon to the Department of State.

No. 85.]

Sir: I have the pleasure as well as the honor to state that in an interview I had last evening with President Alfaro, who is here on a visit, he censured Landin for his conduct and expressed his sincere regret for the occurrences, assuring me of his personal regard and thanking me for the reports I have from time to time made upon Ecuador.

I have also the pleasure to state that Landin has lost his office, the municipality a few days since appointing Señor Icaza to succeed him. So terminates this disagreeable incident. I trust the next treaty with Ecuador will preclude similar trouble in the future.

I have, etc.,

Perry M. de Leon, Consul-General.