Mr. Everett to Mr. Hay.

No. 446.]

Sir: I have the honor to transmit hereto attached:

(1)
Copy of a note of September 20, 1900, from minister for foreign affairs of Honduras.
(2)
My note of the 11th instant in reply.

By reading the above it will be seen that the Government of Honduras refer to the report of their commission of jurists (forwarded to the Department in dispatch 410) and refuse to admit their responsibility for the killing of Pears, but nevertheless for the sake of preserving friend]y relations with our Government are willing to pay cash indemnity of 5,000 pesos currency.

In accordance with your cable instructions I have declared this unacceptable, and have demanded the immediate payment of $10,000 United States gold, to be paid through this legation in order that there may be no trick used of extorting receipts from representatives of the Pears family on the spot for money actually paid over.

It will also be observed that I have pointed out that we have receded from our original demand for the punishment of the sentry, Cruz Rosales, which may in a measure serve as a balm to their wounded feelings.

Hoping that my actions will meet with the approval of the Department,

I have, etc.,

Sidney B. Everett,
Chargé d’Affaires ad interim.
[Inclosure 1.—Translation.]

Mr. Bonilla to Mr. Hunter.

Mr. Minister: Referring to the attentive dispatch of your excellency, under date of July 24 ultimo, relative to the report which you deign to request of me, of a way which this Government shall suggest for an amicable arrangement which will put an end to the Pears affair.

As I have had the honor to assure your excellency on another occasion, by the procedure, sufficiently detailed, which was formed by the decision of the courts of the country acquitting the supposed transgressor, and by the opinion of the jurists to whose study the affair was submitted, the Government of Honduras is not responsible for the regrettable deed which caused the death of the citizen Pears.

Notwithstauding, in the desire to maintain unchangeable the friendly relations which always have existed with the United States, and also in the desire to put an end to that vexatious affair, my Government proposes the following arrangement: The payment of 5,000 pesos to the family of Pears as indemnification. It is to be hoped that this arrangement may be acceptable to the American Government, taking into consideration the entire knowledge of the respective reports and investigations that the honorable Secretary of State, Mr. Hay, possesses.

And also your excellency has made an attentive and profound study of the affair, and in other occasions has shown the praiseworthy wishes of maintaining the best harmony between the two countries I highly beg of you to interpose toward your Government your good offices and valuable influence to the end that said proposition may be accepted, and a corresponding degree for the purpose of the agreed sum be given out.

With assurances, etc.,

César Bonilla.
[Page 698]
[Inclosure 2.]

Mr. Everett to Mr. Bonilla.

Sir: I have the honor to acknowledge the receipt of your excellency’s note of the 20th ultimo, stating that while the Government of Honduras does not consider itself responsible for the killing of Pears, yet for the sake of preserving friendly relations with the United States Government your excellency’s Government is willing to settle this regrettable incident by the immediate payment of 5,000 pesos.

In reply I have the honor to inform your excellency that this offer, together with the report of the commission of jurists to whom the matter was referred, was duly submitted to the honorable Secretary of State of the United States, and the latter, after carefully considering the matter and consulting with the heirs at law of the late Mr. Pears, has declared it unacceptable, and instructed me as follows:

The United States recedes from its demand that the sentry, Cruz Rosales, be punished, but, while sharing your excellency’s desire that the amicable relations between the two Governments may always be maintained, insists on the immediate payment of an indemnity of $10,000 United States gold, to be paid through this legation.

In the sincere hope that this decision will commend itself to the judgment of your excellency’s Government and will be promptly complied with, I seize the occasion, etc.

Sidney B. Everett,
Chargé d’Affaires ad interim.