Mr. Merry to Mr. Hay.
San José Costa Rica, November 11, 1899.
Sir: I have the honor to forward herewith copy and translation of excerpts from a personal letter just received from Mr. Sanson, late Nicaraguan minister of foreign affairs, relating to the trust fund now held by the British consul at San Juan del Norte. You will note that Mr. Sanson “has good reasons to expect” that Judge Romans will absolve the Bluefields merchants from the second payment of duties and will “order” the money in the hands of the British consul returned to them. How he expects to “order” the consul is a question; but I presume he intends me to understand that the Nicaraguan Government will consent to the return of the fund to parties from whom it was received. This practically conceding the question at issue, I presume the Department will not object to repayment through decision of the court, inasmuch as Judge Roman’s court may be considered a part of the Nicaraguan Government, and doubtless acting under its instructions. If the honorable Secretary approves, I will write Mr. Bingham, the [Page 812] British consul at San Juan del Norte, that we request the fund shall be repaid by him in his official capacity to each of the owners thereof and their receipts taken in triplicate, one copy each for the Department, Judge Roman’s court, and the consul. This will tend to avoid future complications and is in accordance with the terms of the trust.
Awaiting your instructions in this particular and with assurances of my highest esteem, I remain, etc.
United States Minister.