ties from communicating either 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and that he was refused a pass to leave the country except on condition that his exequatur should at the same time be withdrawn. The treaty of 1870 is plain with respect to the right of the Government of San 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 exereise 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. These two matters are important factors in this unfortunate affair, and so inseparably connected with the question of what is due to this Government and to Mr. Myers personally, that the Department is constrained to hold the matter of damage in abeyance until the receipt of further information from you. Mr. Mizner, in his No. 187, of October 18 last, reported that the cable operator at La Libertad in July and August last was now in Panama, and that he had sent to him for a statement of the control exercised over his office by the authorities of San Salvador during the time mentioned. Also, in his No. 188, of the same date, he says: I will by the next mail communicate with the Provisional Government of San Salvador on the subject of Consul Myers being refused a pass to leave the country, and will promptly report the results. The Department will therefore await your further advice upon these two points, on receipt of which it will again instruct you in the premises. I am, etc., JAMES G. BLAINE. No. 244.] Mr. Kimberly to Mr. Blaine. LEGATION OF THE UNITED STATES IN CENTRAL AMERICA, Guatemala, January 31, 1891. (Received February 20.) SIR: I have the honor to acknowledge the receipt of your instruction, No. 10, of December 29, 1890, and to report that I fully appreciate the gravity of the Consul Myers, of Salvador, matter; but, after a careful search for the information necessary to respond to yours on the two points named, I can find nothing of record to indicate Mr. Mizner having written, as his No. 188, of October, 18, 1891, states, to the Provisional Government of Salvalor, or to the La Libertad telegraph operator alleged to have been at the time mentioned in Panama; in fact, have no means of ascertaining the information except connected with Mr. Mizner's numbers to the Department, and would respectfully request the Department to begin anew this matter with necessary instructions, which shall be closely followed. I have, etc., SAMUEL KIMBERLY, Chargé d'Affaires ad interim. No. 37.] Mr. Blaine to Mr. Pacheco. DEPARTMENT OF STATE, SIR: As you will see by Mr. Mizner's No. 187, of 18th of October last, and his No. 188, of that date, he had apparently instituted certain inquiries relative to repression exercised in July last upon our consul at San Salvador, Mr. Myers, by the authorities there. The Department called these statements of Mr. Mizner to the attention of Mr. Kimberly by its instruction No. 10, of December 29, 1890, but I regret to say that according to Mr. Kimberly's No. 244, of January 31, last, he can find nothing of record in the legation to render it so certain as could be desired that the inquiries were communicated to the parties mentioned. You will please carry out the directions of instruction No. 10, above named, in whatever manner seems to your judgment the most desirable in order to possess yourself of documentary evidence of value throwing light on the case of Mr. Myers. Should it appear that answers have been received to the reported inquiries of Mr. Mizner, and should those answers be adequate to establish the facts, you will apprise the Depart ment by mail. I am, etc., JAMES G. BLAINE. No. 16.] Mr. Pacheco to Mr. Blaine. LEGATION OF THE UNITED STATES IN CENTRAL AMERICA, San Salvador, March 30, 1891. (Received April 28.) SIR: I have the honor to acknowledge the receipt of your No. 37, of March 2, relative to the repression exercised in July last upon our consul at San Salvador, Mr. Myers, by the authorities of said Republic. The papers regarding the aforementioned case have recently been found at the legation in Guatemala. I momentarily expect their ar rival, as also your instruction No. 10, of December 29, 1890. I shall immediately approach this Government concerning the matter, and obtain all documentary and other evidence available to throw light on the case of Mr. Myers. I have, etc., R. PACHECO. No. S.] Mr. Wharton to Mr. Pacheco. DEPARTMENT OF STATE, SIR: Your attention is called to instruction No. 10, of December 29, 1890, and No. 37, of March 2, 1891, relative to the case of Henry R. Myers, late consul at San Salvador. I regret that your report in response thereto has not been received. The Department did not contemplate that your legation should have any further preliminary correspondence with the Salvadorian Govern ment on the subject, but inasmuch as Mr. Mizner reported that he had already addressed a note to the minister of foreign affairs, it was deemed advisable to know what reply was made thereto; and also, if convenient, that the statement of the telegraph operator should be obtained. The matter is one which this Government, at the earliest practicable moment, desires to instruct you to formally present to the Government of Salvador. It was thought that the information requested would be useful for that purpose, but the Department can not delay its presentation of the matter longer. Upon the receipt of this, therefore, if you have not already done so, you will, without further delay, report such information, if any, as you have. I am, etc., WILLIAM F. WHARTON, No. 60.] Mr. Pacheco to Mr. Blaine. LEGATION OF THE UNITED STATES IN GUATEMALA AND HONDURAS, Guatemala, September 2, 1891. (Received September 17.) SIR: I have the honor to acknowledge the receipt of your instructions No. 8, of July 23, 1891, and to report that by referring to Mr. Mizner's No. 188, of October, 18, 1890, you will find therein a paragraph reading as follows: I will, by the next mail, communicate with the Provincial Government of Salvador on the subject of Consul Myers being refused a pass to leave the country. I have made diligent search throughout our legation records but do not find anything to show that Mr. Mizner ever wrote to the Government of Salvador on the above subject. If he did, it does not appear on our books. With regard to the needed information from Mr. Atherton, cable operator at La Libertad in July, August, and September last, I would likewise respectfully call your attention to Mr. Migzer's No. 187, of October 18, 1890, and also his No. 203, of November 10, 1890, wherein he reports in the former That Mr. Atherton, the cable operator at La Libertad, is now in Panama, and that I have sent to him for a written statement of the control exercised over his office by the authorities of Salvador. And in the latter dispatch he goes on to say: Mr. Whitney has just returned and informs me that he had several conversations with Mr. Atherton, who stated distinctly that it is a part of the contract between the cable company and the Government of Salvador that the Government should have supervision of the correspondence, and that, as a matter of fact, during the late war in July and August last the anthorities of Salvador did place a guard of soldiers over the cable office in La Libertad, controlling its business. Mr. Atherton, still being in the employ of the cable company, did not, for apparent reasons, feel disposed to reduce these matters to writing. Permit me to say, in this connection, that I can not find further information to report from the records here. I have, etc., R. PACHECO. No. 11.] Mr. Wharton to Mr. Shannon. DEPARTMENT OF STATE, Washington, September 26, 1891. SIR: Referring to instruction No. 2, of 9th instant, I inclose copies of correspondence with the legation at Guatemala, on the complaint of Mr. Myers, consul at San Salvador, against the authorities of that Government, as set forth. I am, etc., WILLIAM F. WHARTON, Acting Secretary. [Inclosures.] From Mr. Mizner, No. 141, August 18, 1890. The above documents were printed in Foreign Relations, 1890. To Mr. Pacheco, No. 8, July 23, 1891 (new series). The above documents are printed in this volume ante. Mr. Blaine to Mr. Shannon. No. 21.] DEPARTMENT OF STATE, SIR: During the revolutionary disturbances at the city of San Sal vador, 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 this Government and the personal property of Mr. Myers, the consul, were destroyed or carried away, and Mr. Myers 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. Therefore, Mr. Mizner, at that time the minister of this Government to the Central American Republics, proceeded to Salvador on board the United States ship Thetis, and arrived at La Libertad on the 8th of August. His report of what took place in this connection is contained in a dispatch,* No. 141, of August 18, 1890, a copy of which, with inclosures, was sent for your information with Department's No. 11, of September 26, 1891. This Government could not, with self-respect, have accepted, and the Government of Salvador could not have desired to do less in reparation than the conditions which Mr. Mizner proposed to the Salvador authorities. They 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. *Printed in Foreign Relations, 1890, p. 75. 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 should 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 two first were complied with, and the third in so far as the property and archives were remaining. After the completion of these ceremonies, Lieut. Denfield reports that he "then called on the secretarygeneral, 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 inclose herewith two inventories* prepared by Mr. Myers, from which it appears that the value of the property of this Government destroyed in the consulate at the time in question amounts to $137.25, and that the value of his personal property so destroyed amounts to $2,035.40, a total of $2,172.65. It is expected that the Salvadorian Government will promptly reimburse this Government to that amount. In addition thereto Mr. Myers makes a claim for personal injuries and sufferings, and in the opinion of this Government he is fairly entitled to some compensation on that account. He suggests that $15,000 is a proper amount to be paid him. But whether he is entitled to that or some other sum this Government is willing to leave to further mutual consideration, only desiring that the Salvadorian Government should do in this regard whatever justice shall seem to require. There is also a still more serious complaint in connection with this affair 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 Salvadorian 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. I inclose herewith an affidavit of William P. Fletcher, dated August 4, 1890, which supports the charge made by Mr. Meyers, also a copy of Mr. Mizner's 203 of November 10, 1890, reporting a conversation with the telegraph-operator formerly in charge of the submarine cable in Salvador. 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 that which Mr. Myers charges was also done directly, viz: to prevent his communicating with his superiors. These two charges are important factors in this unfortunate affair and require some satisfactory explanation or reparation. You will formally present this matter, upon the receipt of this instruc * For these inventories to inclosure to Mr. Shannon's dispatch, No. 15, dated January 7, 1892, post. |