The Secretary of State to Chargé Bailey.

No. 840.]

Sir: I inclose herewith for delivery by the embassy to the President of Mexico a letter from President Taft. This letter is in answer to one to President Taft from President Diaz, a copy and translation of which, with a copy of the former’s reply, are inclosed for the embassy’s information.

You are further instructed to hand to the Mexican minister of foreign affairs the inclosed memorandum and the office copy of President Taft’s letter.

I am, etc.,

P. C. Knox.
[Inclosure 1.]

memorandum.

The President has received a letter from the President of Mexico, in which the latter expresses the great satisfaction with which the Mexican Government has viewed the former’s disposition in regard to the shelter accorded on board a Mexican gunboat to the ex-President of Nicaragua, Señor Jose Santos Zelaya, who had solicited it of the legation of Mexico, and in which he states that President Taft’s attitude in appropriately interpreting an act which could in nowise import any disregard of the sincere friendship felt by the people and the Government of Mexico for the people and Government of the United States of America, confirms the belief, assuredly very gratifying, that the ties which, cordially and happily unite the respective countries can not easily be loosened.

To this courteous letter President Taft has sent, through the United States Embassy in Mexico, acknowledgment and reply.

When President Diaz’s confidential agent, Señor Creel, was in the United States and called upon the President on the 21st of December last, he informed the latter that his Government had offered refuge on board its gunboat to Señor Zelaya, but that, fearing the United States might not regard such action with favor, he had called to submit the matter to President Taft and to say that he would do anything the latter desired, and that the refuge would be withheld if President Taft should ask this or should intimate that such refuge would not be agreeable to the United States. Señor Creel stated that he would be glad to learn the wishes of the Government of the United States in this matter. He was requested to return at 10.30 that evening, when President Taft would endeavor to answer his inquiry.

Señor Creel returned at the appointed hour, and President Taft informed him that the Government of the United States was not disposed to express objection to such action by the Government of Mexico as might be, in the premises, sanctioned by international law. President Taft said that it was, however, to be clearly understood that while this attitude expressed no dissent it equally implied no approval or acquiescence.

On December 23 and 24, 1909, the Mexican minister to Nicaragua, then at Corinto, called upon the commander of the American naval squadron in Nicaraguan waters, Rear Admiral W. W. Kimball, in reference to the departure of ex-President Zelaya on board the Mexican gunboat General Guerrero, then in Nicaraguan waters, and on December 24 Rear Admiral Kimball addressed a letter to the Mexican minister, setting out the attitude of the Government of the United States in regard to the granting of this refuge, in confirmation of his previous conversations with the Mexican minister. To this letter, on December 30, 1909, the Mexican minister replied, informing the American naval commander that he had noted the contents of this letter and had copied it to his Government for its information.

A copy of Admiral Kimball’s letter and a copy of the Mexican minister’s reply thereto are attached.

It goes without saying that in the discussions with the Secretary of State, through whom the confidential agent conducted the business of his mission, the attitude of the Government of the United States, perhaps already sufficiently well known to the Government of Mexico, was still more precisely denned, not only upon the point which is the immediate subject of this memorandum, but also upon broader lines.

[Page 742]
[Inclosure 2.]

Admiral Kimball to the Mexican Minister in Nicaragua.

Sir: I have the honor to address your excellency in confirmation of the matter discussed personally between us yesterday and to-day.

1.
In order to avoid any possible misunderstanding that might arise through interpretation of spoken language, I have the honor to hand you this note defining my position in regard to the matter of the departure of Gen. Jose Santos Zelaya, late President of Nicaragua, from Nicaraguan territory in a Mexican ship of war under your orders.
2.
You have informed me that you have no direct instructions from your Government as to giving Gen. Zelaya conveyance out of Nicaraguan territory, but that if I had no instructions from my Government to the contrary you would assume the responsibility of giving him such conveyance.
3.
I informed you that I had no direct instructions of any kind in regard to the matter in question, and that my official attitude in regard to all Nicaraguan affairs is guided by the note of the United States Secretary of State of December 1, 1909.
4.
I also informed you that I would not interfere with the action of the Mexican minister, which action would make the Mexican Government responsible for removing Gen. Zelaya from Nicaraguan territory and also for his possible return.
5.
From the foregoing it will be clear that the conveyance of Gen. Zelaya out of Nicaraguan territory in a Mexican vessel of war under the orders of the Mexican minister is neither objected to nor acquiesced in by me.

Accept, etc.,

W. W. Kimball.
[Inclosure 3.]

Mexican Minister in Nicaragua to Admiral Kimball.

Mr. Rear Admiral: I have the honor to acknowledge to you the receipt of the note which you were pleased to place in my hands on the 24th instant, a little after 3 o’clock in the afternoon, and occasioned by the visit which I had the pleasure of making to you on board the Albany to repay a like attention which you showed me on the previous day at the city of Corinto.

In said note you refer to the conversation which we had, incidentally, concerning the possible journey of Gen. Jose Santos Zelaya, ex-President of Nicaragua, on board the Mexican man-of-war General Guerrero—a matter which you treated in writing, as you personally told me, for the sole object of explaining your neutral attitude in the face of my purpose to give asylum to said Señor Zelaya on board the General Guerrero, and to order said vessel to sail for Salina Cruz.

In reply, I have the honor to say to you that I have taken note of the contents of your communication, and I have transcribed it to my Government for its information.

Wherefore, I take pleasure in assuring you of my most distinguished consideration.

Bartolome Carbajal y Rosas.