Mr. Hunter to Mr. Hay.

No. 253.]

Sir: I have the honor to transmit herewith inclosed Spanish copy and translation of an executive decree of the 5th instant from the Government of Honduras and relating to the claim of Mrs. Luella A. Oteri.

As will be seen by this decree, the Government of Honduras, in conformity with its proposition of February 27, 1896, which was ratified on the 9th of June of this year and accepted by me in my communication to that Government of July 7 last, adjusting the claim of Mrs. Oteri in the sum of $2,500, gold, has ordered payment of said amount by the custom-house at La Ceiba in monthly installments of $250, gold, each, to be delivered to the Hon. Frederick H. Allison, United States consul at Tegucigalpa, who will grant receipts for same.

I have, etc.,

W. Godfrey Hunter.
[Page 354]
[Inclosure.]

Decree.

[Translation.]

Mr. Minister: I have the honor to transcribe to your excellency the decree, which says:

Tegucigalpa, September 5, 1899.

“Whereas, in the month of February, 1896, there was communicated to the Government of Honduras through His Excellency P. M. B. Young, envoy extraordinary and minister plenipotentiary of the United States of America, the claim of Mrs. Luella A. Oteri, founded on the detention of the American steamer Joseph Oteri, Jr., which took place on the 15th of July, 1892, by Col. Leonardo Nuila, chief of the insurrection forces against the Government presided by General Ponciano Keiva, said claim amounting to the sum of twenty-two thousand eight hundred eighty-nine dollars and ninety-five cents for losses which the claimant alleges to have suffered in the fruit business during the detention of the steamer, and to the sum of nineteen thousand nine hundred fifty-four dollars and thirty cents for damages resulting from the denial to the aforesaid steamer of entrance into the ports of Honduras in July, 1892.

“Whereas this Government not finding the claim well founded, this office so indicated it to His Excellency General Young in a note of February 27, 1896, because it was a fact which could be proven at any moment it might be desired that Mr. Nuila detained the steamer and used it on his expedition to Trujillo with the consent of the captain and other officers; and because the steamer having served on the expedition of Mr. Nuila, nothing was more natural than that the authorities of the constituted Government should not permit its entrance until receiving satisfactory explanations.

“Whereas, in view of the above expressed and because the new administration of the country, which arose because of the revolutionary movement of Mr. Nuila begun at La Ceiba, makes it possible to treat the matter from a benevolent standpoint, this office, in the note before mentioned, proposed to His Excellency General Young, not as an indemnity for damages, but as payment for services lent by the steamer, that the claim be arranged in the sum of ($2,500) two thousand five hundred dollars, gold, or its equivalent in Honduras silver, to be paid in the custom-house of La Ceiba in monthly installments of ($250) two hundred and fifty dollars each in gold, beginning with the date of the termination of this agreement; which proposition was ratified on the 9th of June of the current year. Whereas, in an official communication of the 7th of July last, His Excellency Mr. W. Godfrey Hunter, the present American minister to the Governments of Guatemala and Honduras, this office was informed on the same date that the aforesaid proposition was accepted; and that in consequence it is proper to effect the payment in the form indicated: Therefore,

“The President decrees: To order that the custom-house of La Ceiba pay to Mrs. Luella A. Oteri ($2,500) two thousand five hundred dollars, gold, or its equivalent in Honduras silver, such payment to be made in monthly installments of ($250) two hundred fifty dollars each in gold, which will be delivered to the Honorable Frederick H. Allison, consul of the United States at this capital, who has been commissioned to receive them as they become due and to grant the corresponding receipts in the name of the United States of America. Let it be communicated. Sierra. The secretary of state in the department of foreign relations, by the law. Ricardo Pineda.”

With the highest considerations, I remain, etc.,

Ricardo Pineda, Subsecretary.