Mr. Hay to Mr. Hunter.

No. 103.]

Sir: The consul of the United States at Tegucigalpa, in his dispatch No. 14, of December 9, 1898, touching the complaint of American citizens against the Government of Honduras, reported that President Bonilla had informed him that the treaty of 1864 (July 4, 1864) “was denounced in 1878–79, but that all clauses of the treaty had been recognized as if it was really in existence.”

So far as the archives of this Department show I have been unable to find any notification made by this Government or by that of Honduras of the intention of either to terminate that treaty. If such record exists at Tegucigalpa I shall be glad to have a copy thereof and of any reply by this Government.

Confidentially, I may add that this question is one of serious urgency, in view of the fact that valuable property belonging to a recently deceased American citizen, J. Cook Kingsley, of Brooklyn, N. Y., is in dispute and the authorities of Honduras deny the competency of our consul to intervene. President Bonilla alleges that the treaty was terminated in 1878–79 and sustains the local judicial authorities. Mr. Kingsley suicided at San Salvador, December 23, 1898. Both the consul there and at Tegucigalpa are familiar with the case. The attorneys are Messrs. Evarts, Beaman and Choate, of New York, who have been in telegraphic correspondence with the consuls direct and through this Department, The deceased left property also in Salvador. A representative is understood to have sailed from New Orleans for Central America, on the 12th instant, to look after and protect as far as possible, with the assistance of our consuls, the interests of the deceased.

I make these observations for your personal information in order to show the necessity for an early reply touching the status of the treaty of 1864.

I shall give the consul at Tegucipalga a copy of this instruction so that you may feel free to call upon him for any assistance in the matter.

Commending this subject to your personal and instant attention,

I am, etc.,

John Hay.