Mr. Baiter to Mr. Gresham.

No. 184.]

Sir: I beg to transmit herewith an affidavit made before me by Mrs. Josefa Jacoby as to the treatment she suffered at the hands of the authorities of Granada in the collection of a second forced loan imposed by decree of November 25.

[Page 458]

In connection with my former communications, No. 164 and 178, I beg to say that the inclosed letter of Mr. Luciano Gomez, formerly minister of hacienda, and brother-in-law of Mrs. Jacoby, shows that the President on the 12th instant renewed to him the promise made to me that the collection of the forced contribution from Mrs. Jacoby would be held in abeyance until advices could be received from Washington, and notwithstanding this promise the forcible means related in Mrs. Jacoby’s affidavit were resorted to afterwards, and pending the decision.

The preamble of the decree of November 25, 1893, referred to above, reads as follows:

In prevision of a conflict between this Republic and that of Honduras, on account of the hostile attitude against Nicaragua assumed by the Government of that nation, and as it is peremptorily necessary to prepare in time for the defense of the national honor and sovereignty; and it being indispensable, for that purpose, to secure the necessary means by a forced loan, because the state of depletion of the public treasury does not permit their being drawn from the funds of ordinary revenue, in use of the faculties conferred by decree of the Constituent Assembly of October 19 last, the Government decrees, etc.

I have, therefore, taken this decree to cover, within the clear intent of the treaty of 1867, a forced war loan which should not be collected from American citizens.

I have, therefore, made another protest to the Government against this new collection, a copy of which I beg to inclose.

All of this I beg to submit, with a request for instruction from the Department, and remain, etc.,

Lewis Baker.
[Inclosure 1 in No. 184.]

Affidavit of Mrs. Jacoby.

I, the undersigned, Josefa Jacoby, widow of William Jacoby, a citizen of the United States of America, resident in the Republic of Nicaragua, by these presents state and declare that on the 12th day of December of the current year I was notified that the “distributing committee (junta calculadora) of Granada had levied from me the sum of $1,666 as a forced loan, to be paid in accordance to the decree of November 25 of the current year, in three parts; the first part twenty-four hours after the notice, the second eight days thereafter, and the third within two weeks, at the office of said committee. Granada, December 11, 1893. Signed: Trinidad Ccón, Manuel Lacayo, Juan I. Urtecho, Salvador Cuadra.” On the 13th I advised the vice-consul of the United States at Managua of this new contribution imposed upon me. On the 20th of this month two agents of the police came into my house and penetrated into my sleeping room, where I was ill in bed. They notified me that I should pay them the third part of the contribution, viz, $555.33. I begged them to let me do so the next day, when I could do so under protest before notary public, as I considered myself exempt from such loans. They refused to do so, and added that I must draw at once for that amount, because otherwise they would not allow anything to eat to come into the room and that we could then die of hunger. As in the former instance, they really forbade all communication, and then, convinced that they would carry out their menace, I called two persons, Don Rafael Alegria and Miss Mercedes Alegria, to witness that I paid over the money under compulsion, and I signified this to the [Page 459] committee in writing, advising them that I should make a formal protest as soon as I could appear before notary public. The agents took the money to the committee and a receipt was given to Don Rafael Alegria with the statement that they did not admit any protest.

This is the third time a squad of soldiers has been put at my house to force me to pay like contributions. The first time they remained outside; the second an agent entered the house and forbade my going out, receiving visits, correspondence, or telegrams or provisions, while eight soldiers remained outside and I was kept under strict supervision to prevent my escape. Of all this I can bring witnesses.

I certify to all related above as being true in all particulars.

Josefa Jacoby.

Witness:
Louis Chable.

Sworn to and subscribed before me, Lewis Baker, minister of the United States of America at Managua, by Mrs. Josefa Jacoby, who is personally known to me, and whose signature is also known to me.

In testimony whereof I have appended hereto my name and the seal of this legation, this 25th day of December, 1893, at Managua, Nicaragua.

[seal.]
Lewis Baker.
[Inclosure 2 in No. 184.—Translation.]

Mr. Gomez to Mrs. Jacoby.

Dear Sister-in-Law: From the time I arrived here I took the opportunity to speak with Gen. Zelaya and most of the ministers, toad vise them that you had been made a prisoner in your house on account of the contribution, and after discussion of the point it was decided that the promise made to the American minister through his secretary would be complied with, viz, to await the six weeks. An order to that effect was given last night.

So keep quiet and await the answer which the minister will receive. Nothing else of importance.

Your affectionate brother-in-law,

Luciano Gomez.