Mr. Mizner to Mr.
Blaine.
Legation of
the United States,
Guatemala, August 4, 1890.
(Received August 21.)
No. 133.]
Sir: Referring to my dispatches numbered 120 and
126, of the 16th and 28th of last month, on the subject of the seizure of
arms from the Pacific mail steamer Colima by this
Government, I have the honor to report that, in addition to the earnest
verbal appeal made to me by Señor Sobral on the 15th of July in reference to
those arms, he subsequently, and on the same day, wrote to me a note, of
which inclosure No. 1 is a copy; hence my telegram to you of the 16th of
July. On the next day I met Señor Sobral at his office in the presence of
the gentlemen mentioned in my note of the 27th ultimo, including the agent
of the Pacific Mail Company, when the minister stated that his attention
[Page 48]
had for the first time been called
to the 17th article of the contract between his Government and that Company,
reading as follows:
The company binds itself not to permit troops or munitions of war to
be carried on board of its steamers from any of the ports of call to
the ports of, or adjacent to, Guatemala, if there be reason to
believe that these materials may be used against Guatemala, or that
war or pillage is intended.
This simplified the matter, and it was promptly agreed between us that the
arms in question should be stored in San José, to my care or that of the
United States consular agent there, or sent to some neutral port.
On the 18th of July the arms were forcibly seized by this Government as the
Pacific Mail Company was in the act of transferring them from the steamer
Colima, bound south and in the direction of
Salvador, to the steamer City of Sydney, bound north
and in the opposite direction from Salvador, for the avowed purpose of
depositing them in a neutral port, according to the request of Señor Sobral,
as expressed in inclosure No. 1.
The arms were immediately sent to this city by rail and placed in the hands
of the military and police force, being conspicuously paraded through the
streets to the irritation of Americans and the unfavorable comments of
others.
On the 24th of July I called on Señor Sobral, complaining of the seizure, and
understood him to say that the matter would be promptly arranged and to my
satisfaction.
Not hearing from him as I expected, on the 27th of July I addressed him a
note, of which inclosure No. 2 is a copy.
Señor Sobral called on Tuesday, the 29th of July, at this legation, again
giving me to understand that, as soon as a report could be had from the
commander of the port on the subject, all would be properly settled.
On the 1st instant I received a note from that minister, a copy of which is
inclosed herewith, numbered 3, in which he makes the report of the commander
of the port the subject of his communication without comment, the courtesy
of which under all the circumstances I am inclined to question.
To this last communication I replied on the 2d instant, as per copy of
inclosure herewith, numbered 4.
I have, etc.,
[Inclosure 1 in No.
133.—Translation.]
Mr. Sobral to Mr.
Mizner.
National
Palace, Guatemala
, July 15, 1890.
Excellent Sir: I have the honor to refer to the
interview had with Your Excellency this day, and to request you, if you
see proper, to dictate the dispatch which in that interview you were
pleased to offer me relative to a detention of the steamer Colima in the port of San José for three more
days than the Government has a right to detain her under the contract
entered into with the Pacific Mail Company, with the understanding that
the expense occasioned by the delay shall be covered by the Government
(oportunamente), at the same time reiterating
to Your Excellency the request which I made to you, to the effect that
the arms which the said steamer Colima brings may
not be disembarked in any port of the republic of Salvador, but in some
neutral port.
In the name of the Government, I give to your excellency in advance the
most expressive thanks for this important service, and I am pleased to
assure you once more that with distinguished consideration and
particular appreciation
I am, etc.,
[Page 49]
[Inclosure 2 in No. 133.]
Mr. Mizner to Mr.
Sobral.
Legation of the United States,
Guatemala, July 27,
1890.
Sir: Referring to our very cordial interview of
last Thursday on the subject of the seizure of certain arms and
ammunition by Your Excellency’s Government on the 18th instant from a
Pacific mail steamer in the harbor of San José, I can but regret that
Your Excellency has not seen proper to communicate with me in relation
thereto, as I understood you to say you would do at once, and before it
should become necessary for me to take any action under the telegraphic
instructions I had received from Washington, which were in answer to the
dispatch I had sent at Your Excellency’s request.
I do not feel at liberty to delay compliance with my instructions in the
premises, and sincerely trust that Your Excellency will inform me before
Wednesday next of the position of your Government as to the seizure,
considering at the same time the agreement entered into by Your
Excellency and myself in the presence of ministers Anguiano and Salazar,
Mr. Sarg, and Mr. Leverich, the agent of the Pacific Mail Company, to
the effect that the arms should he stored in San José or sent to a
neutral port, and that while the company was in the act of returning the
arms to a northern neutral port Your Excellency’s Government seized them
and has since transported them to this city, placing them in the hands
of your military force for use against a nation with which my Government
is at peace.
It is scarcely necessary for me to assure Your Excellency of the entire
impartiality of my Government in this matter, and that, if the position
had been reversed, and Salvador had, prior to a declaration of war,
seized arms destined for Guatemala, the same course would have been
pursued as is thought just and proper now.
I have, etc.,
[Inclosure 3 in No.
133.—Translation.]
Mr. Sobral to Mr.
Mizner.
National
Palace, Guatemala,
August 1, 1890.
Excellent Sir: In answering your favor of the
27th of last month, I have the honor to transmit the report on the
subject to which you refer, made by the commandant of the port of San
José, which says:
“Guatemala, July 31, 1890.
“Mr. Minister: I have the honor to
inform you that on the 17th instant the steamer Colima anchored in the port of San José,
proceeding from San Francisco, bringing 200 Winchester rifles
and 50,000 cartridges for the Government of Salvador, and
destined to be disembarked at Acajutla.
“At that time it was public that the troops of Guatemala
confronted those of Salvador on our frontier on account of the
events of the 22d of June, and that an outbreak was inevitable
on account of the continued provocation of the forces of the
Salvadorians. Under these circumstances I demanded (pedí) of the captain of the Colima that he deliver the arms to me,
because, notwithstanding there had been no formal declaration of
war in the usual way, there could be no doubt that war was about
to commence at any moment on account of the hostile acts of
Salvador which had already taken place by firing upon our
forces.
“The captain of the Colima, not believing
himself authorized to decide the question, referred it to the
agent of the company in Central America, Mr. Leverich.
“The City of Sydney also anchored in San
José, and Mr. Leverich saw fit to agree with our Government, as
he informed me, to reship the arms and cartridges on the Sydney with a view to their return to San
Francisco; but Mr. Leverich directed Agent Jones at San José to
order the captain of the Sydney to leave
the said arms at Acapulco, which was not as agreed upon, and
this circumstance decided me to possess myself of the arms for
the better security of the republic.
“The fact was the capture of a launch of the Agency Company of
Guatemala, manned by sailors of the country, as the arms were
being transferred from one ship to the other, without any breach
of the courtesy always observed by us for the American flag. If
we have commenced to have a want of confidence in the
impartiality of the employés of the Pacific Mail Company, it is
on account of the repeated acts of hostility they have observed
towards Guatemala.
[Page 50]
“The steamer San Juan transported troops
from La Union to Acajutla and emigrants of Honduras from Corinto
to La Union on her last trip, which is proof of what I have
said.
‘“This is all I have to report to the minister, reiterating the
protestations of appreciation, etc.,
“Henry Toriello,
“Commander of the Port of San José.
“Mr. Minister of Foreign Relations,
Present.”
With distinguished consideration and appreciation, I have the honor to
subscribe myself Your Excellency’s very attentive and obedient
servant,
His Excellency L. B. Mizner,
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America, Present.
[Inclosure 4 in No. 133.]
Mr. Mizner to Mr.
Sobral.
Guatemala, August 2,
1890.
Mr. Minister: In acknowledging the receipt of
Your Excellency’s communication of yesterday, I can but express surprise
and regret at the substitution of a report of the commander of the port
of San José for an answer to my note of the 27th ultimo on the subject
of the seizure of certain arms on the American steamer Colima, especially so when the report fails to respond to the
real questions which I had the honor to submit for Your Excellency’s
consideration, such as my inquiry as to the position Your Excellency’s
Government intended to take regarding the seizure; the agreement Your
Excellency entered into with me concerning the storing of the arms in
question in San José or in a neutral port; the fact that the arrangement
was the result of an earnest request first made to my Government by Your
Excellency, etc.
The opinion of the very gentlemanly commander of the port as to a state
of war, or the good faith or impartiality of the Pacific Mail Steamship
Company, I suggest are immaterial, or were merged in the very friendly
agreement above referred to.
I am, however, instructed to say to Your Excellency that my Government
perceives no international right on the part of Guatemala to seize the
arms referred to, and that their continued detention must therefore be
at her own risk, and that my Government can not consent to the seizure,
nor countenance injuries by Guatemala against our own citizens or their
property, and, further, that a declaration of war can not validate a
prior unlawful seizure.
Regretting that the arms have not been withdrawn from the hands of your
military force in the streets of this city and deposited in the United
States consular agency at San José, or reshipped to a neutral port, in
conformity with our understanding, I have, etc.,
