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two oceans. The instruction to you of the 20th ultimo, which you will have received before this reaches you, does not confirm that opinion. Still it is not deemned necessary that, for the present at least, you should address any note to the Salvadorian minister for foreign affairs correcting or qualifying the opinion upon the subject which you had already expressed. I am, sir, &c.,


No. 315.

Mr. Torbert to Mr. Fish. No. 48.]

UNITED STATES LEGATION, San Salvador, April 21, 1871. (Received May 16.) SIR: The undersigned, minister resident, has the honor to inclose herewith a copy, and translation of the same, (marked A,) of a dispatch received from the minister of foreign relations for Salvador and his answer to the same, (marked B.)

This has been a delicate and painful duty for me; so the first note which was received I showed to Señor Dueñas, and he not being satisfied with the wording as to the guarantee of his life, I requested the minister to send another with more explicit language, which he did; and the note inclosed was approved by Señor Dueñas, who is a lawyer by profession and is willing to be tried by the laws of his country. I am, &c.,


Señor Don Gregorio Arbizu to Mr. Torbert.


San Salvador, April 20, 1871 MR. MINISTER: My government is informed that the ex-president of the republic, Dr. Don Francisco Dueñas, is now living in the house of the legation which is under our excellency's charge. The presence of Señor Dueñas in your excellency's residence Iecessarily brings to you inconvenience and annoyances, which the government wishes o save you, by leaving you the free use of all its dependencies and removing the guard hat surronnds the house with the object, mainly, that the same may not be assaulted, lor Señor Dueñas insulted by some individuals of the people who are highly incensed gainst him.

The government, moreover, must keep Señor Dueñas in safe custody for his own personal security, and because, pursuant to our legislation, he must be subjected to a rial.

Upon these considerations my government has decided to transfer Señor Dueñas to a louse that is to serve for him as a place of detention pending the trial aforesaid, and o effect the same, desires and expects that your excellency will be pleased to express four acquiescence to the measure indicated.

The honorable minister of the United States must rely upon the formal assurance shich the government gives him by these presents, that the life of Señor Dueñas will le respected as far as it may be in its power to avoid any attempt against the same, ind equally, upon any event, that he will be kept in custody without causing him innecessary annoyance.

I request of your excellency to be pleased to give me a reply as early as possible upon he subject, and to accept anew the assurances of my high esteem and consideration.


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Mr. Torbert to Señor Dr. Don Gregorio Arbizu, minister of foreign relations.


San Salvador, April 20, 1071. SIR: The undersigned, minister resident of the United States of America near the government of Salvador, has had the honor to receive the polite communication of this date which the minister of foreign affairs for the republic was pleased to direct to hir. claiming the delivery of the person, ex-president Señor Dr. Don Francisco Dueñas, who is now living under the protection of this legation.

In virtue of the reasons adduced in said note, and on account of the solemn gearantee of the supreme government, and the personal assurance given him by the Prusident himself, that in no case will Señor Dueñas's life be forfeited, he has the honor to reply to Señor Dr. Arbizu, minister, &c., for the information of his government, that he accepts the guarantee and is ready to deliver the person of ex-president Señor Dr. Don. Francisco Dueñas to the agents who may be appointed by the supreme government of Salvador to receive him..

Having due respect for the sovereignty of the state, this action is taken, and it is a matter of great personal satisfaction to the undersigned that the government gives the assurance that Señor Dueñas will be treated during his detention with special cousideration. With the highest consideration and esteem, I remain, &c., &c.,


No. 316.
Mr. Torbert to Mr. Fish.

No. 49.]


San Salvador, May 4, 1871. (Received May 31.) SIR: I have the honor to inclose herewith a translation copy (marked A) of a communication received from President Medina, of Honduras. At the time of its reception the war between Salvador and Honduras was virtually over, and about the same time I received your dispatch No. 25, giving the views of the Department on the subject of the guaranteed neutrality of the Honduras Railroad by the United States, and supposing that the Department, after seeing the letter of President Medina, would rather reply more direct through the United States minister resident to that state, I have made no reply; so the matter rests as you sus gested, neither Salvador nor Honduras knowing the exact interpretetion put upon the treaty by the United States. I am, &c., :


President of Honduras to Mr. Tobert.

Sax MIGUEL, April 13, 1871. Sir: By virtue of the guarantee of neutrality which the Government of the American Union proffered to Honduras in an existing treaty, with reference to the pointe that might serve the purposes of the interoceanic railroad, my government apprisu you that the port of Amapala should not be used as a base for military operatioas leaving it therefore under your safeguard, and removing the force it had therein si tioned.

Greatly was the goverpment of Honduras pained on learning a fow days later that a body of troops, in the service of Don Francisco Dueñas, compelled the port anthorities to leave, and carried off the war material that was there to protect it, and this with

sut your taking, as was to be expected, a measure in behalf of that neutrality. The ame thing was done with reference to Comayagua, the capital; and, nevertheless, I have also been informed of its occupation by forces of the same Señor Dueñas, in comnand of Generals Xatruch and Miranda, without respecting the declaration made by ny government of leaving that city under the protection of the United States Govrnment.

So much indifference in a matter of such gravity has made me determine the send ng of a force to recover the island for the purpose of keeping it under the sovereigntof Honduras, and placing therein the necessary war elements to protect it. In thy ame manner I must make known to you that on this date I have declared the saio jort to be in state of siege, and ordered general headquarters to be established therd or the operations of the war; and I take this step after having obtained a practicae on viction that the convention that I have referred to has not been fulfilled on your vart, as the representative of the cabinet of Washington, upon which case I address myself to the honorable minister of foreign relations for the information of that Govrnment.

I expect that you will hold this communication as an official protest on the part of he government of Honduras, over which I have the honor to preside, and that in your answer you will please tell me in a clear and distinct manner if you are or are not lisposed to comply with the aforesaid guarantee of neutrality. With all consideration, I am, &c.,


of the United States of America in San Salvador.

No. 317.

Mr. Fish to Mr. Torbert. No. 33.]


Washington, May 18, 1871. SIR: The Department has received your dispatch No. 48, of the 21st ultimo, relative to the surrender to authorities of Salvador of Señor Doctor Don Francisco Dueñas, late president of that republic, to whom you had granted an asylum. Nothing will at this time be said as to the propriety or expediency of your having granted that asylum ; you are, however, referred for the general views of the Department upon the subject to instruction No. 24, of the 16th of December, 1869, addressed to Mr. Ebenezer D. Bassett, minister resident of the United States in Hayti. A copy of this instruction is herewith inclosed.

Having, however, whether for sufficient reasons or otherwise, granted a refuge to Mr. Dueñas, you thereby incurred an obligation, which, it might be said, more or less implicated the honor of this Government in its exact fulfillment.

It appears that Mr. Dueñas assented to his own surrender. This assent, however, may be regarded as so important an element in the case that it would have been preferable if it had been given in writing. This would have made it a matter of record, which might have been used, in possible contingencies, to refute a charge that the surrender was contrary to the wishes of the refugee, a charge which there may be no sufficient means of refuting. I am, sir, &c.,


Mr. Fish to Mr. Bassett. No 24.]


Washington December 16, 1869. Sir: Your dispatch No. 20, of the 20th ultimo, has been received. It represents that in consequence of the apprehended triumph of the armed opposition to the existing government in Hayti, the foreign consulates, and even the legation of the United States, had been sought as asylumns for persons and property. Occasions for this have of late years frequently arisen in the independent states of this hemisphere, but the proceeding has never been sanctioned by the Department, which, however, appreciates those impulses of humanity which make it ditficult to reject such appeals for refuge The expediency of granting an asylum in such cases, especially by consuls, is more than questionable, and the obligation to take that course has no foundation in public law, however in Hayti or elsewhere it may be tolerated and customary

While you are not required to expel those who may have songht refuge in the legation, you will give them to understand that your Government cannot, on that account, assume any responsibility for them, and especially cannot sanction any resistance by you to their arrest by the authorities for the time being. I am, &c.,


No. 318.

Mr. Tish to Mr. Torbert.

No. 39.


Washington, June 2, 1871. SIR: Your dispatch, No. 49, of the 4th ultimo has been receivel. The communication which accompanied it, addressed to you by the president, Medina, of Honduras, is certainly of an extraordinary character. Its purpose seems to have been to hold you personally responsible for an assumed delinquency of your Government in failing to comply with the stipulation on our part to maintain the neutrality of the railway across Honduras. Supposing the obligation to exist as claimed by President Medina, it is obvious that it could not be carried into effect without the exertion of a physical force, which it was ridiculous to have supposed that you could personally wield, and unreasona ble to suppose that you had at command. It is deemed unnecessary to repeat the views which have heretofore been expressed in regard to the obligation of the United States under the treaty. That may, however, be summarily stated as a bargain to protect the railway, when completed, against occupation or obstruction, not only by a foreign power, but of Honduras itself, and to abstain ourselves from such occupation or, obstruction. This, and this ouly, we conceive to be the true meaning of the phrase "neutrality," used in the treaty, an expression which certainly is not so free from ambiguity as to require no explanatiou. Any construction which may be offered, however, must comport with reason and probability. The construction claimed by Honduras would require the United States to protect the road against all intruders from its inception to its conclusion. No such construction is warranted by the words of the instrument.

It is deemed expedient that you should ascertain what other governments may have guaranteed the railway, and on what terms, so that, if necessary, we may have an understanding with that government as to the fulfillment of our several obligations. I am, sir, &c.,





No. 319.

Mr. Fish to General Sickles.


Washington, June 24, 1870. GENERAL: Inclosed you will find a copy of a note addressed to Mr. Lopez Roberts on the 9th instant, relative to the claims of citizens of the United States against Spain, growing out of summary arrests and imprisonments, military executions, arbitrary embargoes of property, and other acts done by the Spanish authorities in Cuba to the persons and properties of citizens of the United States, in violation of the provisions of the treaty of 1795 between the Government of the United States and the government of Spain. You will also find a further communication on the same subject in regard to a claim which was presented to the Department subsequent to the transmission of the note of the 9th instant. Each of the cases mentioned in the former of these notes had previously been the subject of instruction to the consul general of the United States in Havana, to be brought to the attention of the authorities in the island of Cuba, and of demand for redress. You will observe that these notes were sent to Mr. Lopez Roberts, under the supposition that the extraordinary powers as to Cuba which were conferred upon him by his government last year were still vested in him, and that they were broad enough to authorize him to arrest these infractions of the rights secured by the treaty, and to obtain the restoration of their prop. erties to the citizens of the United States. I am informed, however, by Mr. Roberts that those powers are no longer efficient, and that he can do nothing in the premises.

I have therefore to instruct you to bring this whole subject to the notice of the Spanish government, and to say that the President hopes that immediate steps will be taken for the release of all the citizens of the United States who may be held in custody in Cuba in violation of the provisions of the treaty of 1795, or for their immediate trial under the guarantees and with the rights secured by that treaty. You are also instructed to ask for the restoration to the citizens of the United States of their properties and estates, so far as the same have been arbitrarily embargoed in violation of the provisions of that treaty. You will also endeavor to secure some mode for the early and equitable indemnification and satisfaction to the several parties, whose rights have been violated, of the amounts which should rightfully come to each claimant for the illegal detention of his property or his person. You will say that this suggestion is made in the interest of peace, of justice, and of good will, in order to secure a measure of damages in each case which shall be just as between the two governments. You will also say that it is extremely desirable to have the investigation conducted in this country. It cannot be done in Spain without subjecting the claimants to unnecessary expense. It cannot be done in Cuba, at present, without subjecting many of them to personal danger. In this connection I must again, on behalf of this Government, express, in the interest of good will and of the continued good understanding which we desire to maintain with Spain, the strong desire of the Presi

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