File No. 7357/402–404.

Minister Dodge to the Secretary of State.

[Extract.]
No. 51, Honduranean series.]

Sir: Referring to my dispatch No. 42 of the 19th ultimo,1 in regard to the cancellation of the exequaturs of Mr. Drew Linard and [Page 467] of Mr. Virgil C. Reynolds, American consul and vice consul, respectively, at La Ceiba, I have the honor to inform you that as proposed therein in accordance with the department’s instructions I left San Salvador on the 22d ultimo arriving at Tegucigalpa on the 28th ultimo as already reported by telegraph, having been delayed en route by the Pacific Mail steamer and by difficulty in getting mules to come here from the port. Soon after my arrival I called upon President Davila and Mr. Fiallos, minister for foreign affairs, and informed them of the object of my visit. Both expressed themselves as ready to comply with the wishes of the American Government in any way which did not affect the national honor of the country. I explained that my Government merely asked for fair play and a just disposal of the incident by agreement between the two Governments meeting as equals; that my Government considered that the cancellation of these exequaturs without notification to it or any opportunity for a concurrent disposal of the incident in the diplomatic way with full consideration of the facts on both sides was notp roper treatment, and that it considered that in order to permit the two Governments to deal in concert with the question on terms of equality the exequaturs ought to be restored.

The President thereupon admitted that his Government ought as a matter of courtesy due to the United States to have given previous notification to the American Government and stated that he regretted that such notification had not been given. When the Secretary of State, however, had asked Mr. Ugarte, Honduranean minister at Washington, to secure a suspension of the order cancelling the exequaturs, the decree canceling them had already been published and therefore the request of the Secretary of State could not be granted. He had informed Mr. Ugarte to this effect and as Mr. Ugarte had not subsequently mentioned the matter he supposed that it was closed. The President assured me of the desire of his Government to find a satisfactory solution of the matter and expressed his high regard for the United States and his gratitude for its services in the cause of peace and prosperity of Honduras. He also mentioned that President Zelaya had written to him urging him to settle the matter to the satisfaction of the United States.

I then began a series of conferences with Mr. Fiallos, who at first appeared to believe that it would be impossible to restore the exequaturs and to revoke the former decree without seriously affecting the prestige of the Government, as the matter had attained such notoriety and caused so much bitterness. His Government was certain, moreover, that Mr. Reynolds had aided the insurgents and further had already ceased to be persona grata before this incident for other reasons. His removal was greatly desired. His Government had little against Mr. Linard who it considered had only taken a secondary part in the incident. It had no objection to his remaining at La Ceiba as consul although it could not but feel that after what had occurred his future usefulness as consul there would be impaired and his continuance there might give trouble in the future in case any disturbance should occur. For this reason his Government considered that it would be best if he were transferred after a reasonable time. I explained to Mr. Fiallos that the testimony taken by Commander Maxwell, United States Navy, who had been especially instructed [Page 468] to investigate this matter proved that Mr. Linard and Mr. Reynolds had been entirely correct in the steps they had taken, as they had merely acted as neutral go-betweens. Mr. Fiallos replied that the testimony of his Government proved the contrary, but that he did not think it necessary to go into this question. If it was found possible to frame a decree restoring the exequaturs without dishonor to the Honduranean Government, the exequaturs would be restored, and his Government would only ask to have Mr. Reynolds removed.

We then proceeded to draft a decree. The draft having been agreed to by the Honduranean Government, I telegraphed to you on the same day, the 3d instant, its text and the fact that the agreement was subject to the approval of the department.

On the 5th instant I received your telegram in reply, stating that the suggested settlement appeared to be satisfactory and only criticizing the word “unjustifiable” in the first paragraph of the draft. This word Mr. Fiallos readily consented to eliminate and thereupon on the 6th instant I telegraphed you to this effect and that the decree should be published on the 8th instant. I inclose herewith copies of the decree as published in the official “Gaceta” and the semiofficial “Prensa,” with translations.

Throughout our conferences I did not fail to lay stress upon the fact that my Government desired nothing but fair play and to deal with the question on the basis of absolute equality and mutual self-respect. The discussions were always of a most friendly character and I am convinced of the desire of both the President and Mr. Fiallos to find a settlement satisfactory to both sides. Mr. Fiallos desired at first to include the French consular agent in the same decree, but I stated to him that this did not appear to be well to me, and, as shown by the inclosures, a separate decree was finally made for the French consular agent restoring his exequatur temporarily.

As to the offer of mediation on the part of the Mexican Government, Mr. Fiallos appeared to think that it must have been made by request of the Department of State. I assured him, however, that this seemed most unlikely to me, although I had no information on the subject. I took occasion upon my arrival to call upon the Mexican minister and to thank him cordially for his Government’s friendly offer, while at the same time I assured him that in my opinion the matter would easily be settled, when I would immediately advise him of the result. This I have now done, conveying to him also the appreciation of the department expressed in the telegram of the 5th instant.

President Davalia referred in conversation to the charge, which he had heard had been made, that telegrams addressed to Mr. Linard had been stopped. He denied this emphatically, and also stated that he had never given any order to prevent Mr. Linard from using cipher in telegrams. The President stated further that he regretted the insulting articles which had appeared in the press against foreigners and that care should be taken as to this in the future.

In conclusion I desire to express my sincerest thanks for the department’s greatly appreciated complimentary telegram upon the settlement of this matter and to acknowledge the receipt of its instruction of the 19th ultimo, with inclosures as to the same.

I have, etc.,

H. Percival Dodge.
[Page 469]

[Inclosure.—Translation.]

[Official Gazette of the Republic of Honduras, Tegucigalpa, Sept. 8. 1908.]

Foreign relations: Temporary revalidation of the exequaturs of certain consular officials.

Whereas the executive power, in the exercise of a right which international law gives to governments of withdrawing the exequaturs of consular officers of another nation, and in compliance with the provisions of article 61 of the law of Honduras as to foreign consular missions, ordered by decrees issued July 25, 1908, that the exequaturs granted to Mr. Drew Linard and Mr. Virgil C. Reynolds, consul and vice consul, respectively, of the United States of America at La Ceiba, should be revoked on account of their intervention in the political affairs of Honduras during the recent insurrection;

Whereas the Government of the United States of America, although recognizing the right of the Government of Honduras to revoke the exequaturs of consular officers for such a cause, considers nevertheless that in view of the relations of especial friendship which exists between both Governments, an opportunity ought to have been given for a joint consideration of the matter on a basis of entire equality;

Whereas the action of the Government of Honduras was induced by the abnormal conditions then prevailing in the country, and public order now having been reestablished, nothing stands in the way of a proof of strong friendship being given to the Government of the United States of America by affording an opportunity for the consideration of the incident in the manner set forth in the preceding paragraph:

The President decrees:

To revalidate temporarily the exequaturs of the aforesaid consular officers while the two Governments consider the affair in the spirit of cordial friendship existing between them. Let this be published.

Davila.

The Secretary of State for the Department of Foreign Relations:

E. Constantino Fiallos.

[Untitled]

Temporary revalidation of the exequaturs of consular agent of France at La Ceiba.

Whereas by a decree of this date the exequaturs of Mr. Drew Linard and Mr. Virgil C. Reynolds, consul and vice consul of the United States of America, respectively, at La Ceiba, have been temporarily revalidated;

Whereas as a matter of equity and courtesy to the French Government the same should be done for Mr. Pierre Deveaux, consular agent of France at the said port, the more so since Mr. Devaux took a secondary part in the intervention which was the cause for the revocation of the exequaturs by the Government of Honduras:

The President decrees:

To revalidate temporarily the exequatur of Mr. Pierre Devaux, which was revoked by a decree of July 25 last, while the Government of the French Republic takes the necessary steps in regard to its consular representation at La Ceiba. Let this be published.

Davila.

The Secretary of State for the Department of Foreign Relations:

E. Constantino Fiallos.
  1. Not printed.