Office of the Historian

Mr. Shannon to Mr. Blaine.

Legation of the United States,
Managua, January 7, 1892. (Received January 11.)
No. 45.]

Sir: I have the honor now to report my action on your No. 21 of November 20, 1891, instructing me with regard to the yet unfulfilled conditions of the agreement concluded between Mr. Mizner and the Government of Salvador as a result of the occupation of the United States consulate at San Salvador by the forces of that Government in July, 1890, when, not only was the flag of our country torn down and insulted, but the public property of the United States Government, as well as the private property of its consul, destroyed.

In accordance with your instructions, I addressed a note to his excellency the minister of foreign affairs of Salvador upon, the subject, and have just received his reply, copy of which, accompanied by a translation, is herewith inclosed, as well as a copy of my own note.

It will be seen from the reply that I am to receive further communications from his excellency upon the subject. So soon as received it will be promptly transmitted.

I have, etc.,

Richard Cutts Shannon.
[Page 28]
[Inclosure 1 in No. 45.]

Mr. Shannon to Señor Gallegos.

Legation of the United States,
Managua, December 21, 1891.

Mr. Minister: The records of this legation show that during the revolutionary disturbances at the city of San Salvador in the month of July, 1890, the consulate of the United States was violated by the Government troops and its flag torn down and insulted. The property and archives of the United States Government and the personal property of the United States consul, Mr. Henry R. Myers, were destroyed or carried away, and Mr. Myers himself subjected to great personal indignities and hardships. The incident was of a very grave and serious character, inconsistent with the friendly relations of the two countries, and in direct violation of Article 35 of the treaty of 1870.

In consequence of these events, Mr. Mizner, at that time the minister of the United States to the Central American Republic, proceeded to Salvador onboard the United States ship Thetis and arrived at La Libertad on the 8th of August. His report of what took place in this connection enumerates the conditions proposed by him for a settlement of the matter, and when we have carefully considered these conditions it will be clear that the Government of the United States could not, with self-respect, have accepted, nor could the Government of Salvador have desired to do less in reparation of the wrong done.

These conditions were:

  • “(1) That the flag shall be hoisted in broad daylight over the consulate by a uniformed commissioned officer of the provisional forces.
  • “(2) As the flag is hoisted a salute shall be made by a company of infantry under arms, accompanied by music. If practicable, this should be accompanied by a salute with artillery.
  • “(3) That the consul of the United States shall be duly placed in possession of his office, his property, and the archives, with a full resumption of his consular rights and prerogatives, including free and undisturbed use of mail and telegraphic facilities to the minister of the United States residing at Guatemala and to the United States.
  • “(4) That the minister of the provisional government charged with the foreign relations of Salvador shall address to me (Mr. Mizner) a letter expressing his regrets and apologies.
  • “(5) That as soon as practicable a satisfactory payment be made for the damage done to the property of the United States and the private property of the consul.”

The first two conditions were complied with, and the third also, in so far as the property and archives were remaining. After the completion of the prescribed ceremonies, Lieut. Denfield reports that he “then called on the secretary-general, who agreed to comply with the remaining articles contained in the United States minister’s letter of instructions.” The incident, therefore, was not considered closed by either party, and especially was the question of pecuniary damages reserved.

I am now instructed to present to the consideration of your excellency two inventories prepared by Mr. Myers, from which it appears that the value of the property of the United States Government destroyed in the consulate at the time in question amounts to $137.25, and the value of Mr. Myers’s personal property so destroyed amounts to $2,035.40, a total of $2,172.65. In view of the promise made by the secretary-general to Lieut. Denfield “to comply with the remaining articles contained in the United States minister’s letter of instructions,” it is expected that the Salvadorean Government will promptly reimburse the United States Government to this amount.

In addition to the above amounts, Mr. Myers makes a claim for personal injuries and sufferings, and, in the opinion of my Government, he is fully entitled to some compensation on that account. He has suggested $15,000 as a proper amount to be paid him, but whether he is entitled to that or some other sum my Government is willing to leave to further mutual consideration, only desiring that the Salvadorean Government shall do in this regard whatever justice shall seem to require.

I am also directed to call the attention of your excellency to a still more serious complaint in connection with this unfortunate affair, and to which Mr. Mizner adverted in the third article of the terms which he proposed in the negotiations of the 9th and 10th of August, 1890. Mr. Myers charges that he was prevented by the Salvadorean authorities from communicating with his Government directly, or with Mr. Mizner, and that he was refused a pass to leave the country, except on condition that his exequatur should at the same time be withdrawn. Herewith I inclose an affidavit of William P. Fletcher, dated August 4, 1890, which supports the charge made by Mr. Myers; also copy of a dispatch of Mr. Mizner, reporting a conversation with a telegraphic operator formerly in charge of the submarine cable in Salvador.

[Page 29]

Article 32 of the treaty of 1870 is plain with respect to the right of the Government of Salvador to withdraw Mr. Myers’s exequatur upon reasonable grounds, but to refuse to give him a pass to leave the country, except on that condition, while making no objection to his continuing to exercise his consular functions if he would remain, was a species of duress the gravity of which is increased by the fact that his avowed purpose in temporarily leaving was to communicate with his Government. It would seem to have been an attempt to do indirectly what Mr. Myers charges was also done directly, namely, to prevent his communicating with his superiors. I am instructed to say to your excellency that these two charges are important factors in this unfortunate affair, and require some satisfactory explanation and reparation.

In formally presenting this matter to your excellency, I am further instructed to ask that the Government of Salvador will have the goodness to give it early attention.

I have, etc.,

Richard Cutts Shannon.

Inventory of property belonging to the Government of the United States destroyed at the United States consulate in San Salvador by the Salvadorean troops July 30, 1890.

5 office chairs at $5 $25.00 Repairs to book case and writing desk $12.00
2 rocking chairs, at $7 14.00 Books and archives 19.00
1 table with drawers. 12.50 Coat of arms (value estimated) 25.00
Floor mats 12.75
Stationery 15.00
Water pitcher 2.00 Total 137.25

Inventory of property belonging to United States Consul Myers destroyed in his dwelling at San Salvador by the Salvadorean troops July 30, 1890.

Furniture in dwelling. Wearing apparel.–Continued.
1 large walnut bedstead. $125.00 1 fine business suit $35.00
1 large walnut bedstead. 80.00 2 plain business suits, at $25 each 50.00
2 dressing cases (large glass). 95.00 1 fine heavy overcoat 60.00
2 walnut washstands (marble top). 85.00 1 light overcoat 45.00
2 toilet sets. 45.00 8 fine shirts 24.00
2 parlor rockers 45.00 10 pairs linen cuffs 5.00
4 chairs 30.00 16 linen collars 4.00
1 large easy chair 87.00 10 silk handkerchiefs 8.50
1 handsome lounge 95.00 8 silk neckties 9.75
1 bookcase 90.00 4 pairs kid gloves 9.50
6 common chairs 24.00 4 fine silk undervests, at $9.40 37.60
1 library table 45.00 5 fine wool undervests, at $2.50 12.50
1 round parlor table 34.00 4 pairs fine silk underdrawers, at $10.20 40.80
1 handsome chandelier 46.00 7 pairs fine wool under drawers at $2.25 15.75
1 parlor lamp 23.00 11 pairs socks, at 75 cents 8.25
2 lamps 10.00 2 pairs shoes, at $5 10.00
Ornaments, vases, etc. 75.00 1 pair slippers 2.75
Choice books, etc 50.00 1 fine silk hat 8.00
2 woven-wire spring mattresses 20.00 1 soft felt hat (black) 4.25
2 fine large hair mattresses 150.00 1 large leather traveling bag 30.00
2 hair pillows 16.00 1 small leather handbag 18.00
2 feather pillows 14.00 2 cotton nightshirts, at $1.50 3.00
6 pairs linen sheets (large) 54.00 1 long wool Australian nightshirt 6.25
1 dozen pairs linen pillowcases 30.00 1 Frence plate dressing glass 9.50
4 bedspreads 32.00 2,035.40
4 woolen blankets 40.00 For personal injuries and sufferings 15,000.00
1 cot bed 7.00 Total 17,035.40
Mattress and bedding for cot. 25.00
Wearing apparel.
1 fine black cloth suit 60.00
1 fine dress coat and trousers 46.00
[Page 30]
[Inclosure 2 in No. 45.—Translation.]

Señor Gallegos to Mr. Shannon.

Minister of Foreign Affairs,
San Salvador, January 2, 1892.

Mr. Minister: On the 29th ultimo I had the honor to receive the note of your excellency, dated the 15th ultimo, touching the reclamation which the American Government presents to this Republic on account of those conditions, yet unfulfilled, of the agreement entered into as a result of the occupation of the United States consulate by the forces of this Republic in July, 1890, and which occupation occasioned some damage to the property of the American Government, as well as that of the consul, Mr. Myers, and also caused the latter some personal suffering.

Not having found, for the moment, the earlier incidents of this affair, nor any notice whatever of the events alluded to, which would enable me to send your excellency an immediate reply, I have first issued the necessary instructions to obtain them, with the view of requesting afterwards the opinion of my Government upon the points presented by your excellency.

Meanwhile, I am glad to assure you that, animated as this Government is by the highest spirit of justice and conciliation, we shall, on our part, in order to prevent, even in the slightest degree, any alteration of those friendly relations which so happily exist with your excellency’s Government, endeavor to reach the promptest and most complete solution of this disagreeable incident, at the same time aiming to reconcile, so far as may be possible, the mutual interests involved.

I gladly profit by the opportunity to renew to your excellency the assurances of the distinguished consideration with which I am, etc.,

Salvador Gallegos.