No. 255.

Mr. Henry Baxter to Mr. Fish

No. 23.]

Sir: I have the honor to forward herewith inclosed communications and papers just received from Hon. Francisco Alvarado, secretary of foreign relations, Honduras. Under the present critical situation and possible contingencies that are liable to occur between the republics of Honduras and Salvador I have thought it proper to call the attention of the government of Salvador to the existing treaty between the governments of the United States and Honduras of July 4, 1864, and especially to article XIV of said treaty; giving assurance at the same time of all confidence that nothing will occur that shall interfere with or interrupt the friendly relations now existing between the governments of the United States and Salvador.

Opinions are still entertained by many that an amicable arrangement may yet be concluded and war avoided.

Hoping my course thus far may meet with the approval of your excellency, and awaiting instructions after the communicated facts are known to your excellency,

I have, &c.,

HENRY BAXTER,
[Translation.]

Mr. James Maddey to minister of foreign relations

Most Excellent Sir: I have the honor to inform your excellency, and the government, of my return to this country again to perforin the duties of my position as the representative of Mr. James Brunlees, of London, engineer of the railway for the government of Honduras.

I much regret to find myself obliged, by justice to the contractor, to appeal immediately to the government for protection to the employés of the third section of the road.

The state of things in Goazcoran, the headquarters of Mr. Stanley, director of the works of said section, is such that the lives of foreigners employed there, of the agents of the contractor and of his workmen, are daily exposed and in great danger, and those employés may be killed or forced to kill their antagonists in their own defense, both of which occurrences would be very prejudicial to the building of the road, and might, moreover, paralyze the whole enterprise. The worst is that the local authorities are opposed to the laborers on the railroad instead of assisting them. The alcalde of Goazcoran disarmed a servant of the engineer’s, and declared that no foreigners should be allowed to carry arms in the town, and that, too, in a town where the inhabitants have sworn to kill all foreigners, and have come around their houses at night and told them so. The government has already sent some soldiers, but as these are frequently removed for one or two days, the employés of the road have no resource left but to defend themselves. I need not say that the withdrawal of the soldiers for a time renders the fact of their presence an absurdity, for the hostile inhabitants never withdraw. Besides, the alcalde has openly declared against the railway.

In consequence of these difficulties, Mr. Stanley has suggested that the following steps be taken:

1st. That the alcaldes be ordered to give all the assistance in their power to the officers of the road, and that they be not allowed to speak openly against them, as the alcalde of Goazcoran is now doing.

[Page 575]

2d. That all foreigners belonging to the road be at liberty to carry arms both in and out of the towns, and that they be placed upon the same footing as the officers of the government.

3d. That some difference be made in the jurisdiction of the alcaldes over the officers of the road and the natives of the country.

4th. That the soldiers sent for the protection of the employes of the road be not removed for any other service, and that a force sufficient to prevent any disorder be obliged to remain at Goazcoran, and at any other point of the line where threats have been made or bad feeling exists against the employés of the road.

Allow me to add that I consider the petition of Mr. Stanley reasonable, and that the government ought to accede to it out of regard to its own interest in the completion of the road. I hope that your excellency will communicate this petition, as soon as possible, to his excellency the President, on whom I hope to call soon.

Inclosed are copies of two letters from Mr. Drew, with regard to which I have no observation to make; but they will confirm what I have said in relation to the necessity of the immediate interposition of the government for the protection of those who are engaged in the building of the road. Unless things be put on a different footing it will be impossible for the contractors to complete their work, and I repeat that, as an engineer of the government, I consider it essentially to the interest of the government to give them all the assistance and protection possible.

With the highest respect, I sign myself, your excellency’s, &c.,

JAMES MADDEY.

Comayagua, January 19, 1871.

A correct copy.

[l. s.]

CALIZ.

The undersiged, minister of state in the department of foreign relations of the supreme government of the republic of Honduras, certifies that the above signature of the minister of the interior, the licentiate Don Justo Caliz, is authentic.

[l. s.]

FRANCISCO ALVARADO.
[Translation.]

Señor Don Francisco Alvarado to Mr. Baxter

Sir: I have the honor to inclose to your excellency the decree which has been this day issued, declaring the treaties between Honduras and Salvador suspended, on account of the absolute refusal of that government to fulfill the duties imposed upon it by said treaties.

This step has been taken with regret, but it was necessary, as it tends to maintain the rights of this country, which would suffer detriment if the reciprocal obligations contracted by the two governments were only fulfilled by Honduras. I do not doubt that your excellency will, with the good judgment which characterizes you, regard the considerations upon which the decree is based as being eminently just.

I am, with the highest consideration, your, &c.,

FRANCISCO ALVARADO.

José Maria Medina, captain-general and president of the republic of Honduras.

Considering that the government of Salvador has refused the extradition requested on several occasions, and recently demanded, of the parties guilty of two atrocious murders, whom it should have surrendered according to the stipulations of article VI of the convention of Santa Rosa, concluded March 25, 1862:

Considering that it has also positively refused the concentration of the political refugees from Honduras, who for six years have been fanning the flame of discord in this country, and that during this time remonstrances have been made according to article VIII of the same convention:

Considering that this absolute refusal of the government of Salvador to fulfill its international duties has rendered the commission of no avail which was sent by Honduras to negotiate a harmonious and conciliatory settlement, the result of which should be peace between two friendly governments, and the strengthening of the kindly relations of two sister nations united by common interests:

Considering that to this act of flagrant bad faith it adds another still more grave, viz, that of placing considerable forces on the frontiers of Honduras, without explaining its reasons for such a step, according to article IX of the convention of Sensenti, concluded November 27, 1845:

Considering that this open violation of the treaties which bind the two republics, [Page 576] and the menacing attitude which has been assumed by the government of Salvador, discharges that of Honduras from the obligations contracted by said conventions:

In observance of the rules established by the law of nations, and desiring to protect the rights of Honduras, decrees:

Article I. All treaties between Honduras and Salvador are suspended until that government shall, on its part, duly observe them.

Article II. Let this be communicated to the governments of Central America, and to the diplomatic corps, for their information.

Article III. Let it be reported to the sovereign congress of the republic at its next ordinary session; let it be printed, published, and circulated.


JOSÉ MARIA MEDINA.

The Minister of Foreign Relations, Francisco Alvarado.

[Translation.]

Señor Don Francisco Alvarado to Mr. Baxter.

Sir: The continuance of political refugees from Honduras in the department of San Miguel and La Union, has been a great cause of alarm to the towns on the frontier, which are in constant dread of an invasion. This alarm has recently increased on account of the positive refusal of the government of Salvador to concentrate the emigrants, as was requested by a commission from Honduras, and on account of said governments having subsequently placed considerable forces at San Miguel under the command of General Xatruch, the leader of the opposition party in Honduras.

This situation has placed obstacles in the way of the proper performance of the work on the inter-oceanic railway of Honduras, inasmuch as the partisans of General Xatruch foment hatred among the people against the engineers in charge of the work, and some evil-disposed persons have even gone so far as to threaten them with death, as you will see by the inclosed copy of a communication from Mr. James Maddey, the government engineer.

His excellency the President has already taken the necessary measures to protect the work; but if the invasion which is announced takes place at any point of the line the laborers must of course disperse, the engineers be in peril of their lives, and the large foreign capital employed in this great work be lost, or at least greatly prejudiced.

As those countries, on account of the inexperience of their political infancy, are constantly exposed to intestine commotions and to invasions from other States, the government of Honduras desired to secure with the friendly great foreign powers the neutrality of the line, in order that the labors which have been commenced might never be interrupted, and in order that the capital employed in the construction of the road might be guaranteed against any loss.

Among the great powers which have lent their guarantee to the government of Honduras is the great American republic, which, in the fourteenth article of the treaty of July 14, 1864, stipulated, “That, in consideration of these concessions, (those made to it by Honduras,) in order to insure the construction and permanency of the road aforesaid, as well as the advantages which its non-interruption offers to mankind, the Government of the United States recognizes the rights of sovereignty and ownership of Honduras in the line of the road; and for the same reason it positively and effectively guarantees its entire neutrality so long as the United States shall enjoy the privileges granted in the foregoing articles, &c.”

In virtue of this guarantee on the part of the United States of the non-interruption of a work in which mankind is so deeply interested, and to prevent the loss of or any injury to the large foreign capital which is employed therein, his excellency the President of Honduras, earnestly requests, through me, the very honorable Mr. Baxter, minister of the United States, to be pleased to notify the government of Salvador to refrain from attacking or occupying any point of the line of the railway from Amapala to Puerto Caballos in case of a war with Honduras, giving it to understand that any aggression, occupation, or attack on any of the points of the line aforesaid will render it responsible for any injury which may be done to the work in consequence of its interruption, and for any losses which may be suffered by the engineers, as likewise for any diminution of the value of the capital employed in the work.

This step, which his excellency the President hopes will be taken by his excellency Mr. Baxter, in consideration of the friendly and cordial relations which happily exist between the Government of the United States, of which your excellency is a worthy representative, and that of the republic of Honduras, is only designed to prevent the aforesaid injuries to the work of building the road; for, in the event of an invasion by the government of Salvador, this government feels confident that it possesses the elements and resources necessary for the defense of the State.

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I beg your excellency to be pleased to give me a reply in due time to this note, and to acccept, at the same time, the assurance of my respect and high consideration.

FRANCISCO ALVARADO.