Mr. Hunter to Mr.
Hay.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, November 26,
1900.
No. 465.]
Sir: In reply to Department’s dispatch No. 293,
of the 12th instant, on the subject of the Pears claim, I have the honor
to inclose herewith first exchange. No. 604, dated Tegucigalpa, November
8, 1900, of a draft for $10,000 gold on Rodolfo G. Barthold, of New
York, and indorsed payable to the order of “John Hay, Secretary of
State.”
I inclose also a copy and translation marked (2) and (3), respectively,
of the note from the minister of foreign affairs, transmitting the said
draft, and a copy and translation marked (4) and (5), respectively, of
the decree and preambles of the President of Honduras ordering the
payment of the above-mentioned sum, and receipt for same marked (6).
I have the honor to be, sir, etc.,
[Inclosure 1.]
Mr. Bonilla to
Mr. Everett.
[Translation.]
Republic of Honduras, Ministry of Foreign
Affairs,
Tegucigalpa, November 3,
1900.
Sir: A short time ago I received the
dispatch of your excellency under date of October 11 last, in which
you stated that the Government of the United States of America
[Page 701]
recedes from its claim for
the punishment of the sentry, Cruz Rosales, but insists on the
immediate payment of an indemnity of $10,000 gold for the heirs of
Mr. Frank S. Pears, which sum must be paid to the order of that
legation.
In accordance with instructions from the President of the Republic, I
have the honor to state to your excellency that the Government of
Honduras, notwithstanding that it persists in its opinion already
stated as regards the irresponsibility of the state in the violent
death of Mr. Pears, the discussion having reached an end, and to
prevent the affair interrupting the good relations with the
Government of the United States, it has resolved to decree the
payment of the indemnity claimed.
I inclose herewith an authorized copy of the decree, which puts an
end to the regrettable affair.
In the same way I inclose a draft to the order of your legation to
the value of the sum which is ordered to be paid.
Expecting that your excellency will acknowledge their proper receipt,
I sign myself your obedient servant,
[Inclosure 2.]
Decree of President of Honduras ordering payment
of indemnity of $10,000.
[Translation.]
Republic of Honduras,
Ministry of Foreign
Affairs,
Tegucigalpa, November 2,
1900.
In view of the communication, under date of October 11 last, from the
chargé d’affaires ad interim of the Government of the United States
of America, in which he states that the honorable Secretary of State
of the United States, after having thoroughly considered the offer
made by the Government of Honduras to put an end to the incident
which arose on account of the sudden death of Mr. Frank S. Pears, by
the payment of an indemnity of five thousand pesos ($5,000), which
was declared unacceptable, giving him instructions to claim the
immediate payment of an indemnity of ten thousand dollars gold
($10,000), which must be paid through the legation resident at
Guatemala.
Whereas, In his dispatch of April 25, 1899, the honorable minister of
the United States, Mr. W. Godfrey Hunter, acting under instructions
from his Government, presented the claim arising from the death of
Mr. Frank S. Pears, which occurred on the night of January 31 of
said year as the result of the wound with firearm which was caused
by the soldier Cruz Rosales while on duty as sentry in one of the
sentryhouses near the cuartel of San Pedro, demanding the arrest and
punishment of said sentry, and the payment of an indemnity of ten
thousand dollars gold ($10,000) for the heirs of the deceased.
Whereas, The Government of the Republic, taking as a basis the report
made by the minister of justice, Mr. E. Constantine Fiallos, who
went to San Pedro expressly to conduct the proper investigation of
the case, accompanied by the consul of the United States, Mr. F. H.
Allison, made judicial investigations upon the presentation of the
claim, stating at the same time the hope by which he was animated to
reach an amicable and just ending of the difficulty which had sprung
from the sad event of the death of Mr. Pears.
Whereas the said minister of the United States in his dispatch of
April 9 of the current year insisted on the claim set forth, for
which reason it was deemed necessary to request the judgment of a
committee of jurists, which gave its opinion, that in conformity
with the laws of the Republic and on account of the legal acquittal
of the sentry, Cruz Rosales, there was lacking the legal base upon
which the indemnity demanded ought to rest, or what is the same,
that there was no act from which the responsibility of the Republic
might be deduced, but with the view of avoiding further
difficulties, it was agreed that a proposal should be made to the
American Government so that the sum claimed might be reduced, the
more so as there existed a letter signed by four of the near
relatives of Mr. Pears, addressed to the Secretary of State of the
American Government, by which they refused the share that they might
claim in the indemnity demanded.
Whereas in accordance with the judgment, and on account of the
suggestion of the honorable Minister Hunter in his dispatch of July
24 of the current year, that it would be satisfactory to him if he
would be advised of a way by which an amicable arrangement could be
reached, it was proposed to him to pay an indemnity of five
[Page 702]
thousand pesos
($5,000.00), insisting always upon the legal impossibility of the
punishment of the sentry, Cruz Rosales, on account of the inability
to reopen the procedure ended by the acquitting sentence passed in
authority of judgment.
Whereas with such antecedents it was justly expected that the claim
would be arranged on principles less oppressive for the country; but
with the last dispatch of the chargé d’affaires, Mr. Sidney B.
Everett, the controversy is finished and a decision most beneficial
to the interests of the country must be given out to avoid
difficulties of a more serious character; and
Whereas, It is true that even if we have been unsuccessful in
reducing the sum of the indemnity claimed, yet we have still
obtained definitely that the demand be abandoned for the punishment
of the sentry Cruz Rosales, which was the most dangerous portion of
the claim set forth; in that way the honor of the country remaining
untouched. Wherefore the President decrees as follows:
To acknowledge as a liability of the State the sum of ten thousand
dollars gold ($10,000.00), which shall be paid to the order of the
legation of the United States in Honduras as an indemnity to the
family of the American citizen, Frank S. Pears, who died in Puerto
Cortez the 31st day of January, 1899. This expense must be charged
to the entry of the public credit, for which the minister of that
department will be advised.
Let it be notified.
sierra.
The Secretary of State for Foreign Relations.
A true copy:
Tegucigalpa, November
5, 1900.
[
seal.]
Ricardo Pineda,
Subsecretary.
[Inclosure 3.]
Mr. Hunter to
Mr. Bonilla.
Legation of the United States,
Guatemala, November 26, 1900.
Sir: I have the honor to confirm the
following telegram:
“Guatemala, November 20, 1900.
His Excelleney César
Bonilla,
Minister of Foreign Affairs,
Tegucigalpa:
“I have the honor to acknowledge the receipt of your excellency’s
note of the 3d instant, inclosing a draft on New York for $10,000
gold as indemnity in the Pears case.
“I shall have great pleasure in transmitting it to my Government, and
shall further acknowledge the receipt of your excellency’s note by
mail.
“I am, with assurances of personal esteem, your excellency’s obedient
servant,
“Hunter.”
In expressing my sincere gratification that this incident has been
finally disposed of, I also take the opportunity to renew, etc.,
