No. 311.

Mr. Torbert to Mr. Fish

No. 37.]

Sir: For the information of the Department, I have the honor to inclose herewith translation copies (marked 1 and 2) of a dispatch received from this government, accompanied with a letter addressed by Thomas Martinez, general-in-chief of the expeditionary army of Salvador, to his government, complaining of the action of the state of Honduras in relation to the guaranteed neutrality of the line of the railroad in Honduras by the United States. In closure No. 4 is my reply to the above communication.

I am, &c.,

ALFRED T. A. TORBERT.

No. 1.

[Translation.]

Sir: Your excellency will become informed by the copy of a communication from the general-in-chief of the expeditionary army of Salvador, which I have the honor to accompany herewith, of the acts of manifest hostility that have been commenced at the port of Amapala, notwithstanding the neutrality of said port, and of all the line of the Honduras Railway stipulated in the fourteenth article of the treaty entered into between the United States and Honduras on the 4th of July, 1864.

As I stated to your excellency in my note of the 22d ultimo, my government at once and cheerfully accepts and will respect the neutrality of that territory on condition that the government of Honduras extends a due reciprocity, not making use of any portion of the railroad route for military operations against this republic. Otherwise, the government of Salvador, which cannot forego any means of defense to preserve its rights intact, would be compelled to repulse and light the enemy wherever he may be, even though he may be found on the territory guaranteed as neutral, which, being under the control of the hostile government, ought not to be looked upon as such.

To avoid, then, any ulterior reclamations that might come from your excellency’s government, the President has directed me to urge upon you, in the name of this government, to employ, if you deem it proper, your offices with the government of Honduras, and obtain from its part an equal effect for the stipulated neutrality, without which this would degenerate into an odious privilege that Salvador neither could nor should recognize.

My government entertains the assurance that your excellency, in view of the foregoing observations, will render due justice to it, inasmuch as it has paid all deference to your excellency’s mediation; and with the request that you will be pleased to make known to me the result of your efforts to this effect, I take pleasure in renewing to the honorable minister resident the assurances of my most respectful consideration.

In the absence of the minister of foreign relations, the chief of the foreign bureau.

SALVADOR GALLEGOS.

His Excellency General Alfred T. A. Torbet, Minister Resident of the United States.

No. 2.

General Martinez to the Minister of Foreign Affairs of Salvador.

[Translation.]

Sir: The government of Honduras has declared neutral the port of Amapala, and the same has been perhaps done by the powers that guarantee the railroad of that republic; but, sir, it is well known that the government of Honduras and its employés respect neither treaties nor obligations, nor the law of nations; of this they have [Page 690] given many proofs, and are now giving still one more, which is that of sending out of the port of Amapala armed vessels to capture all vessels coming from the minor ports of Nicaragua to La Union, a port of this republic. Out of one of these captured vessels they have taken the lieutenant, Dr. Jose Maria Ballecillos, who was bound to this republic and in my service. Ballecillos is there treated as a prisoner of war, and those who had charge of the vessel were also very ill-treated.

I beg of you, Mr. Minister, to lay this before his excellency the President, that he may decide what course the officers in command of the expeditionary forces going to Honduras are to pursue, because it is a very serious inconvenience to the Salvadorean forces that those of Honduras be permitted to do all the harm they can, at the same time that the Salvadoreans observe a strict neutrality.

Be pleased, Mr. Minister, to advise me of the President’s resolution, and to accept the considerations, &c., &c.

TOMAS MARTINEZ.

The Hon. Minister of Foreign Relations.

No. 3.

Sir: I have the honor to acknowledge the receipt on the 5th instant of your excellency’s communication dated the 6th, in regard to the neutrality of the Honduras Railroad, and inclosing a copy of a letter dated the 4th instant, addressed by Thomas Martinez, general-in-chief of the expeditionary army of Salvador, to his government on the same subject.

In your dispatch you remark, viz: “To avoid, then, any ulterior reclamations that might come from your government, the President has directed me to urge upon you in the name of this government to employ, if you deem it proper, your good offices with the government of Honduras, and obtain from its part an equal effect for the stipulated neutrality,” &c. To this end, if you will refer to my dispatch of February 20, and to the accompanying letter (marked C) to the minister of foreign relations for Honduras, you will see that I have anticipated the desires of his excellency the President. Moreover, I am pleased to inform you that I am in receipt of a copy of a letter dated February 25 from the minister of Honduras, answering my requests, and he informs me that you have been furnished with the same dispatch. In said dispatch occurs the following, viz: “And to avoid all pretext for attack, occupation, or trespass of any nature upon any point of the railrroad line, I have to declare to you that requisite orders are given to the effect that the regular garrisons and the military detachments employed in guarding the works of the railroad from Amapala to Puerto Cortes be reduced to the ordinary number, and be solely charged with the duty of preserving order in the interior; and moreover that the government of Honduras will not make use of, as a base for military operations to repel the unjust aggressions of the Salvador government, any of the points on the line, and much less of those where the works are organized,” &c.

As the matter stands, if both Salvador and Honduras adhere faithfully to their compromises there will be no trouble in regard to the neutrality of said railroad line.

In regard to the communication of General Martinez he says, viz: “The government of Honduras has declared neutral the port of Amapala, and the same been perhaps done by the powers that guarantee the railroad of that republic;” and I would say that the United States recognizes the rights of sovereignty and property of Honduras in and over the line of the railroad from Amapala to Puerto Cortes, and guarantees the entire neutrality of the same for certain purposes and on certain conditions, and for this guarantee Honduras has agreed, at my suggestion, that the port of Amapala and the line of the railroad shall sustain a neutral attitude in case of war between that state and Salvador.

It is not my place to comment on the very sweeping denunciation of General Martinez on the faithlessness of Honduras in fulfilling her treaty and international obligations; but the case as he represents it, viz: “Honduras sending out of the port of Amapala armed vessels to capture all vessels coming from the minor ports of Nicaragua to La Union in Salvador,” seems to me to be a question to be settled between Honduras and Nicaragua. And as to the particular case of Lieutenant Ballecillos referred to, I cannot give a positive opinion without hearing from the government of Honduras. Moreover the general states that the lieutenant was on his way to this republic and in his service and not that of Salvador. At present, however, it appears to me to have been an unlawful act, and I will ask an explanation and request that he be released. In this connection it is not out of place to remark that it appears that Honduras has cut all treaty relations and communications with Salvador, whether wisely or not she is the only judge, and if she will not allow any communication through her waters to Salvador, international right and usage will give her complete control of her maritime territory and a marine league along all the coasts of the state.

[Page 691]

Within these limits her rights of property and territorial jurisdiction are absolute and exclude those of any other nation. Nor are these rights abridged by the United States guaranteeing the neutrality of a line of railroad from ocean to ocean, but she still retains the right to guard her coast to prevent intrusions, to warn off, &c.; but, without a declaration of war, I do not believe she is justified in making arrests like the case referred to. And in case of war with Salvador, Honduras should not, (in view of the said neutrality,) and she says she will not, use this port, nor any part of the line of the railroad to make aggressions on the territory of Salvador.

I am, &c.,

ALFRED T. A. TORBERT.

Sr. Dr. Don Gregorio Arbizu, Minister of Foreign Relations for Salvador.