Mr. Baker to Mr.
Gresham.
Legation of the United States,
Managua
,
December 22,
1893
. (Received January 12, 1894.)
No. 178.]
Sir: I wish to report further proceedings in
the matter mentioned in my dispatches Nos. 161, 164, and 169.
On December 11 Mrs. Jacoby called in person on President Zelaya with my
letter of the 9th to her, a copy of which I inclose1. After that interview she
addressed me the note1 of
which the inclosed documents are respectively a copy and a translation.
According to them the President refused to comply with the promise made
a few days before that he would await the answer from Washington before
insisting upon the collection of the contribution from Mrs. Jacoby.
Under date of December 14 Mrs. Jacoby wrote me a communication, a copy
and translation of which are inclosed herewith. From it you will notice
that armed force was used to compel her to pay the contribution, which
she did under protest before notary. (See inclosures.)
I therefore made the protest to this Government, a copy of which I
inclose, and, in compliance with Mrs. Jacoby’s request, I sent her a
letter advising her of the course to pursue in the future in reference
to those forced war loans.
The minister of foreign affairs has merely acknowledged the receipt of my
communication so far, and advised me that he is awaiting instructions
from the President on the subject.
I submit these documents for your consideration, and respectfully request
your instructions on the subject.
I have, etc.,
[Inclosure 1 in No.
178.—Translation.]
Mrs. Jacoby to
Mr. Baker.
Granada
,
December 14,
1893
.
My Dear Sir: Day before yesterday, between
2 and 3 in the afternoon until 8 o’clock at night, an agent of
police with eight soldiers was stationed at my house to compel me to
pay the contribution, using force therefor, as I wanted to close my
door, and he forbade my doing so. He came into the inner part of my
house looking for some means of communication with the outside; he
asked for the keys to open an inner door which I have, and which
communicates with another independent house; he closed all my means
of communication, and forbade the entrance of visitors or telegrams
and the exit of any correspondence, and finally attempted to
prohibit the entrance of provisions. The governor came. I spoke to
him in a pleasant manner, convincing him that I had no intention of
leaving the house, and I offered to go the following day at 1
o’clock to hand him the contribution, which I did, making at the
same time the protest which I have the honor to inclose. I have
witnesses for everything which I have related.
I expect to receive at any moment a notice of the second
contribution.
Please advise me if the protest is in due form, and whether I should
make another each time payments are demanded of me, and if I shall
suffer the imposition of a guard or pay before being forced to it by
those means.
With all consideration, I remain, etc.,
[Page 456]
[Inclosure 2 in No.
178.—Translation.]
Before me, Alonzo Peralta, appeared Doña Josefa, widow of Jacoby,
aged 55, a resident of this city and employed in domestic
occupations, who said that she comes before me to make formal
protest to the representative of the public treasury of this city
against the act of the supreme Government in imposing upon her a
forced contribution, she being an American citizen as the widow of
the American citizen William Jacoby; that she ignores and refutes,
therefore, the right under which said contribution has been demanded
from her twice; that she is going to pay solely on account of the
use of main force and to avoid personal vexations the amount of 600
pesos fuertes; but protesting once, twice, three times, and as many
times as maybe necessary in law, reserving the right to claim the
amounts exacted and the damages, and to preserve always the
character of American nationality, therefore that of foreigner in
Nicaragua.
Don Alberto Reyes, of age, of this city, bookkeeper and administrator
of public revenues of this district, in representation of the public
treasury, being present, said that he does not admit the protest
made to him, because Mrs. Jacoby is before all things a Nicaraguan,
and therefore subject to the laws of the country; that, therefore,
he refutes the present protest and formalizes the collection made
from Mrs. Jacoby, because she is neither considered nor recognized
as a transient or resident foreigner, but as a Nicaraguan.
So said the parties to this in presence of the witnesses, Messrs.
Segundo Almazer de la Rocha and Don Francisco Tomas Jimenez, both of
age, amanuenses, residents of this city, and with the remaining
qualifications under the law, without any kinship to the undersigned
notary, before whom I read this protest to the parties thereto. They
averred that it is written in accordance with their wishes, and all
sign with me. Testimony whereof I give in the city of Granada on the
13th day of December of 1893, at 1.45 in the afternoon. Amended.
Supreme Government. Don. Interlineation r. Approved.
-
Josefa Jacoby,
-
Alb. Reyes,
-
A. de la Rocha,
-
F. Tomas Jimenez.
Before me:
Alonzo Peralta,
Notary.
This took place before me, from folios
82 to 84 of my protocol of the present year, and I seal and sign
it in the city of Granada, Republic of
Nicaragua, December 13, 1893.
[
seal.]
Alonzo Peralta.
[Inclosure 3 in No.
178.]
Mr. Baker to
Mr. Madriz.
Sir: I am in receipt of a communication
from Mrs. Josefa Jacoby, a copy of which I beg to inclose, together
with a copy of a protest which she has filed at this legation.
From these documents your excellency will see that Mrs. Jacoby has
been compelled by the authorities to pay a contribution to a forced
loan, raised under a decree of the junta of Government of Nicaragua
of August 3, 1893.
[Page 457]
From documentary evidence in my possession Mrs. Jacoby is a citizen
of the United States, and as such entitled to all the privileges and
immunities accruing to American citizens under the treaty of 1867,
which provides “that the citizens of the United States, residents in
the Republic of Nicaragua, shall be exempted from forced loans in
time of war.”
The decree referred to above mentions in its preamble that the forced
loan levied upon Mrs. Jacoby is “to finish to pay the extraordinary
expenses incurred by the war,” while the former decree of July 24,
which said decree of August 3 modifies as to amount, also recites in
its preamble that—
Whereas the ordinary resources are not sufficient for the
maintenance of the forces raised for the purpose of
reestablishing the public order subverted in Leon; and whereas
it is indispensable to provide for those expenses, etc. * *
*
I beg to submit, therefore, that the forced loan which has been
collected from Mrs. Jacoby is, within the clear intent of the
treaty, a war loan, from which American citizens are exempt; and
under general and specific instructions from my Government to that
effect, and in its name, I hereby protest against the action of your
excellency’s Government in collecting said loan from Mrs. Jacoby, as
well as against the forcible means used by the authorities of
Granada in its collection.
I beg to ask also that the amount collected be refunded to Mrs.
Jacoby, and remain, etc.,
[Inclosure 4 in No.
178.]
Mr. Baker to
Mrs. Jacoby.
Legation of the United States,
Managua
,
December 16, 1893
.
My Dear Madam: I am in receipt of your
communication of the 14th, and note the vexations to which you have
been subjected, as well as the fact that you have made the payment
of $600 under a protest, a copy of which you inclosed.
1 have filed that paper, and have made a formal protest to the
Government of Nicaragua against the act of collecting war loans from
an American citizen. I have also asked that the money be refunded to
you.
It is difficult for me to comply with your request for specific
instructions as to your action in the future payments, but as the
new loan of November 25 is also a war loan, according to its
preamble, you are likewise exempted from it, and can therefore
refuse to pay it, letting the authorities levy on any of your
property for its collection. But if you choose to pay it, a formal
protest must by all means accompany each payment, and the document
sent me is in proper form therefor.
I beg to remain, etc.,
