Declining to express to Señor Malo any opinion upon the merits of the
various questions raised, I have informed him that I have forwarded to
the Department of State the papers herewith enclosed.
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Translation.]
Mr. Malo to Mr. Hovey.
Dear Sir and Honorable Colleague: Sincerely
appreciating your agreeable and sympathetic self, and admiring the
great nation which you so worthily represent, I have resolved to
address this letter to you, in order to explain an amicable
complaint which I have to discuss; and as I do not speak the English
language, and you, as yet, have not acquired in perfection the
Spanish, I think that my object will be better attained by the
medium of this missive.
Ecuador has never, in the slightest degree, given the United States
any cause for offence. On the contrary, we have always maintained
with that nation the most perfect state of friendship and peace. In
the full enjoyment of these cordial relations, it has taken place
that the President of the United States has requested the
authorization of Congress in order to put in execution coercive
measures towards the collection of the first dividend of a payment
to be made by Ecuador, which became due in February. I call the
attention of my distinguished friend General Hovey to two particular
events which are called into existence by this act:
First, no resistance or great delay in the payment had been offered
by Ecuador. On the contrary, according to the copy of the order
emanating from the treasury department of Ecuador, dated 25th
April—that is, one month previous to the solicitation of President
Johnson—the payment of the debt had been ordered in July and August,
thus occasioning only four months of delay on the part of a country
poor and receiving but limited revenues; this fact, I desire to
observe, being taken into consideration was not sufficient to
justify the imputation of fraudulent debtors cast upon us, and to
necessitate the employment of coercive measures of a warlike and
offensive character against us.
Secondly, a portion of the claim held by the United States is based
upon an origin that demanded the studious attention of a lawyer, as
is the Major General Hovey. It is the following: Should a government
be responsible for the robberies commited by its citizens or
subjects after these robberies have been
chastised by the laws and established tribunals of the country? Some
persons belonging to a garrison which Ecuador maintained in the
penal colony of Gallapagos attacked and captured the North American
ship George Howland, seized some of her stores, and, being
apprehended by the authorities of Ecuador, were chastised and
suffered the severest punishment. And now, for what reason and by
virtue of what law can the government of Ecuador be responsible for
the worth of the ship, for the value of the stores appropriated, or
for her future or contingent gains?
I desire that my honorable friend General Hovey place his hand upon
his truthful heart and say, as a gentleman, whether there be law,
divine or human, that imposes such a responsibility on the
Ecuadorian government? I wish that he may cite one example alone,
ancient or modern, of Europe or of America, where a government has
paid for the robberies committed by her subjects, and then I will be
the first to condemn my country.
The government of Ecuador had the weakness or condescension to accede
to the celebration of an arrangement, wanting in justice, for the
payment of this claim; but should such an arrangement, wanting in
justice, be perfected? Should not such an arrangement, infringing
the clearest principles of justice and equity, be reconsidered ?
Could there be any humiliation in a great and powerful nation like
the United States recognizing its fault and withdrawing its claim in
the clear comprehension of the occurrence?
Finally, that which has happened to-day with Ecuador may happen
to-morrow with the United States: and then, if a North American
commits a piratical robbery and receives the punishment ordained by
the law, should the government of the United States respond for the
value of those thefts and pay their imposts ? In the Trent affair,
and in that of her consuls in the republic of Colombia, the United
States have given a noble example of judging the merits of a deed
and the justice of the same, and should not Ecuador receive her meed
of equity?
The republic of Ecuador is somewhat aggrieved at the unmerited attack
made on her by her elder sister, the North American republic, but
General Hovey, with his great public and social qualities, has
always merited and received the esteem of his invariable friend and
obedient servant,
General A. P. Hovey,
Envoy Extraordinary and Minister
Plenipotentiary, &c.,
&c.
P. S.—I enclose the documents which I have received by
yesterday’s steamer.
[Translation.]
Republic of Ecuador,
Quito,
April 25, 1866.
In virtue of article 30th of the convention celebrated between the
republic of Ecuador and that of the United States of America, which
was printed in the National of July 30, 1864, No. 163, and of the
decision given by the mixed commission ordering various debts to
[Page 650]
be recognized, Mr. L. V.
Prevost should have received on the 17th February last the sum of
$10,000 89, impost of the first dividend.
The well-known paucity of the national revenues, together with the
paralyzation of the custom-house duties and of the sale of the
products resulting from the government salt mines, have prevented
the payment of this dividend at the term agreed upon; and in order
to exculpate this omission, his excellency the chief of the state
has ordered that the first dividend be paid in half parts during the
months of July and August. As Mr. Prevost should present the
certificates which accredit the claim against Ecuador, you will
order that the treasury note on the corresponding certificates to
the persons whose names are mentioned below the following sums in
moieties:
| Seth Driggs |
$370 71 |
| Joseph Gordings |
164 14 |
| William Gordings |
19 27 |
| Matthew Howland |
5,555 55 |
| Amos B Convine |
1,718 63 |
| Cotheal & Co |
1,301 47 |
| Peter Bourguet |
680 83 |
| Abraham Johnson |
369 46 |
|
10,180 06 |
This sum should be applied to the amount voted in article 1st of the
general estimate.
All of which I communicate to your excellency for your guidance and
fulfilment.
May God preserve your excellency.
The Governor of Guayaquil.
