Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, with the Annual Message of the President, December 6, 1875, Volume I

No. 109.
Mr. Williamson to Mr. Fish.

United States Legation in Central America,
Comayagua. Honduras, March 23, 1875. (Received April 27.)

No. 322.]

Sir: I have the honor to hand you herewith an English and Spanish copy of the protocol signed by the minister of foreign affairs of Honduras and ‘myself yesterday, in regard to the settlement of the question of the outrage upon our consulate at Omoa, in July, 1873; two notes and translations addressed to me by the minister, a copy and translation of the decree accompanying one of the notes, and a copy of my reply of this date.

I beg to call your attention especially to my reply, as it contains, in as diplomatic language as I was able to employ, my views upon the presentation of the constitutional and legal argument of the minister.

The government of Honduras professed to be anxious to comply with the demand as originally presented, and, as I understood, agreed on in February, 1874, and, I believe, if it had dared to do so, would have pledged itself to begin proceedings against the officer in command at Omoa at the time of the outrage. The real difficulty, in my judgment, was not on account of constitutional or legal restrictions; for Central American history testifies that they are not usually regarded when the executive has the power and will to override them. It was substantially based on the following facts:

* * * * * * *

3d. Fear of the party of Arias, of which Straeber (the offending official) was the military chief, and of which he is now one of the most active and unscrupulous members.

My reasons for not pressing that part of the demand at this time, but, as you will see by Article Y of the protocol, leaving it for you to decide whether it should be pressed hereafter, were mainly as follows:

1st. Because in such a country as this, where there is no sound public opinion, and no punishment of crime, it would have probably elevated the fellow who was to be degraded.

* * * * * * *

When the demand was first made in February, 1874, General Straeber, as he is called, was so infamous that I had reason to believe a compliance with the demand would have been hailed with apparent satisfaction, even by his own party. Now there is a great change, and I think such an occasion would be eagerly seized upon to make Straeber a hero, and to overthrow the present government of Leiva. I beg leave also to, remark that I am informed, both by President L3iva and Minister Zuniga, as well as others, that Straeber neither is now, nor has he ever been, a general of Honduras. They say he was appointed to that rank by Provisional President Arias, but has never been confirmed by the Congress. I am also told he is a German by birth, and as an apothecary shop-boy until he undertook to play the role of a military chieftain. From all I can learn, he may be justly classed among those mischievous adventurers who find this country a fitting field for the exercise of their little talents and the display of their vicious pretensions.

The salute was fired in the Plaza of Comayagua, on the morning of the 22d instant, in accordance with the terms of the protocol, in the presence of the troops, the minister of foreign affairs and of war, myself, and spectators. I insisted upon the minister proposing to fire the salute in the plaza of the capital, among other reasons, because it would give the greatest publicity. Such an event is said never to have occurred before in the history of Honduras.

One incident in connection with the firing of the salute and the arrangement of the flag I beg leave to mention. At the request of the President the flag of Honduras was dragged up after the American flag. I consented to what I considered this self-imposed degradation of their flag upon the conditions that the American flag was to be first hoisted and saluted before the flag of Honduras was unfurled, and that the flag of Honduras should be hauled down and the American flag alone left flying at the conclusion of the salute. This was done in accordance with the conditions, and I took occasion to say publicly that my Government was in no way responsible for such extraordinary treatment of the flag of Honduras. What was meant by the President’s request and submission to such conditions I am wholly unable to comprehend. Immediately after the salute was fired I called upon the President and exchanged congratulations with him. He and his minister accompanied me to my rooms and staid an hour or so with me.

I trust the protocol may receive your approbation, and also that our Government may come to the conclusion that it can, with honor, allow the whole question to be considered as definitively settled. This country is in such an unhappy state that it is helpless, and (I fear) on the eve of anarchy. The government cannot obtain sufficient funds to pay its soldiers and employés. It cannot enforce authority. Peculations of public moneys at the ports of entry are openly admitted and permitted, because the President says he cannot put in better men.

There is no agriculture, no mining industry, no source of present wealth, and such complete disorganization of society that even a revolution might be a beneficial change. Honduras is surely in a pitiable plight.

In regard to the decree of amnesty, a copy of which is herewith sent, I beg leave to say that, while it is questionable whether it is applicable to the case of Straeber, it is certainly an evidence that the present government of Honduras has acted with that kind of faith which has so long been considered an element of Central American diplomacy. No mention of its existence was made until after the protocol had been signed; and, I have good reason to believe, it was passed after the receipt by the President and by Mr. Zuniga of my personal notes to them of January, in which I told them of my intended visit to Comayagua in February, and recalled to their minds the terms agreed upon in February, 1874.

Hoping my whole course in this matter may meet your approval, I have, &c.,

GEO. WILLIAMSON.

[Inclosure 1 in No. 322.]

Protocol of an interview between his excellency Adolfo Zuniga, minister of foreign affairs of Honduras, representing his government, and his excellency George Williamson, minister resident of the United States of America to the states of Central America, representing his Government, in relation to the settlement of the question that has arisen between said governments on account of the outrage perpetrated upon the consulate of the United States at Omoa on or about the 9th day of July, A. D. 1873, (eighteen hundred and seventy-three,) by the troops or people of Omoa.

I. His excellency Mr. Williamson stated that, under instructions from his Government, he renewed the demand for satisfaction for the outrage upon the consulate of the United States at Omoa, on or about the 9th day of July, 1873, and hoped, from what was said in his conversation with the President and the minister of foreign affairs yesterday, that a satisfactory solution might be reached, honorable to both his Government and that of Honduras.

II. The minister of the United States stated the demand for satisfaction was as follows:

1st. That a letter of ample apology should be written to him, representing his Government, by the government of Honduras.

2d. That a salute of twenty-one guns should be fired to the American flag, at a time and place to be designated.

III. That the officer in command of Omoa and the fortress and troops of Honduras at that place at the time the said outrage was committed, should be dismissed from his rank, and by law be forever prohibited from holding any office of honor, trust, or profit, civil or military, under the government of Honduras. The minister of the United States also stated, if constitutional or legal obstacles existed that might prevent or hinder a compliance with the third article of the demand for satisfaction, that they would be considered.

His excellency Mr Zuniga, minister of foreign affairs, replied:

I. That on the 19th of February, 1874, the government of Honduras answered the claim of his excellency Mr. Williamson, United States minister, signifying that the Honduras government deplored this disagreeable incident, offering to send to Omoa and to get the necessary information to verify the acts which gave cause to the claim; and that in case it was found true, the Honduras government would feel pleasure in doing justice to the Government of the United. States, as established by the laws of nations. To that effect a double information was taken by the civil and military judges of first instance at Omoa. Although from these informations it does not appear especially proven the entire act or outrage offered to the American consulate, which had to suffer from the forces stationed at Omoa, together with all the commercial houses, native and foreign, at that place, still the government has the moral conviction of the reality of the outrage, and for this reason the secretary of foreign affairs, in a dispatch of the 24th of November, in reply to the second claim of his excellency Mr. Williamson, United States minister, dated the 10th of October, stated that the government of Honduras was disposed to give the satisfaction demanded, and by word agreed in a conversation which took place in this capital with the President of the republic, his excellency Mr. Williamson, and the cabinet ministers; that is to say, salute the American flag.

II. That, in reference to the letter of satisfaction to be addressed to the minister of the United States, the Honduras government has already expressed on distinct occasions the entire disapprobation and the profound sorrow for the conduct observed by the expeditionary forces at Omoa. That in the dispatches of the 24th November and 19th February, 1874, it has been so explained to his excellency Mr. Williamson, United States minister, but there is no difficulty in addressing another dispatch to the minister of the United States, repeating that the government of Honduras deplores and condemns the outrage committed on the American consulate at Omoa.

III. That regarding the destitution of employment and military rank of the officer who commanded the forces of Honduras at Omoa, and to his inability to hold any office of honor, of confidence, or of profit under the government of Honduras, the government meets with constitutional inconveniences to accede to this part of the demand of the United States minister. The destitution or the privation of an occupation or title, whether civil or military, and the inability, temporal or absolute, to hold an appointment of honor, lucrative or of confidence, is a penalty that can only be imposed by the tribunals by law established, giving cause, and in virtue of a sentence pronounced. That these summarily-expressed reasons will be explained in exienso to the United States minister in the dispatch which has been alluded to.

IV. That the government of Honduras, in satisfaction to the Government of the United States for the outrage committed on the American consul at Omoa, will order a salute to be given to the flag of the United States in this capital, at 8 o’clock on the morning of the 23d instant, expressing the hope that the Government of the United States will find itself satisfied, and so conclude and terminate this disagreeable incident.

V. The minister of the United States, after some discussion of the constitution and laws of Honduras, referred to by the minister of foreign affairs, stated that, on behalf of his Government, he was willing to accept the letter of apology and the salute to the flag of the United States, proposed to be made by the minister of Honduras, on Tuesday, the 23d instant, at 8 o’clock, in the plaza of the capital, Comayagua, in presence of the undersigned; and also the letter, expressing in details the constitutional and legal reasons why the third demand, relating particularly to the punishment of the officer in command at Omoa at the time the outrage was committed; with the understanding that, if said letter of explanation is satisfactory to the Government of the United States, that part of the demand will be considered as not having been made; and with the further understanding that, if the said letter of explanation is not satisfactory to the Government of the United States, then the government of Honduras pledges itself to exercise all of its influence and authority to have said part of said demand for satisfaction complied with as fully as possible, or to give such other satisfaction as the Government of the United States may, according to the laws of nations, demand, in lieu of the said punishment of the said officer who was in command at Omoa at the time of the outrage.

VI. His excellency Senor Zuniga, minister of foreign affairs of Honduras, replied: That he accepts the foregoing proposal of his excellency Mr. Williamson, minister of the United States, renewing his hope that the Government of the United States will feel satisfied, and so remains, concluded and terminated, this disagreeable incident.

In testimony whereof the said minister, George Williamson, minister resident of the United States, and Minister Adolfo Zuniga, minister of foreign affairs of Honduras, have on this day signed this protocol, in duplicate, and alternated, in the city of Comayagua, Honduras, on this the twenty-second day of March, in the year of our Lord one thousand eight hundred and seventy-five, and have attached thereto the seals of their respective offices.

[seal.]

GEO. WILLIAMSON,
Minister of the United States to the Central American States.

[seal.]

ADOLFO ZUNIGA,
Minister of Foreign Affairs of Honduras.

[Inclosure 2 in No. 322.—Translation.]

Mr. Zuniga to Mr. Williamson

Comayagua, March 22, 1875.

Sir: The undersigned, secretary of state and minister of foreign affairs of the government of Honduras, has the honor to direct himself, in compliance with what was considered and agreed upon in the protocol signed this day, to his excellency Mr. George Williamson, minister resident of the United States, reiterating to him that the government of Honduras deplores and condemns the outrage committed on the American consulate at Omoa on or about the 9th day of July, 1873, by troops of Honduras stationed at Omoa, or by people of Omoa.

The undersigned allows himself to repeat to the minister of the United States that the overthrow of the government presided over by Señor Arias, and under whose orders General Straeber acted, is the best satisfaction that the government and people of Honduras can give to the Government of the United States.

The undersigned embraces the hope and has the profound conviction that the Government of the United States will feel itself satisfied from the deferential proofs of justice which the government of Honduras has given on this disagreeable incident for which it has so much felt.

Repeating to his excellency Senor Williamson, minister of the United States, the high considerations of esteem with which I subscribe myself as his most attentive and obedient servant,

ADOLFO ZUNIGA.

To His Excellency Mr. George Williamson,
Minister Resident of the United States in Central America.

[Inclosure 3 in No. 322.—Translation.]

Mr. Zuniga to Mr. Williamson.

Comayagua, March 22, 1875.

Sir: The undersigned, secretary of state and minister of foreign affairs, complying with what was said and agreed upon in the protocol, signed this day with his excellency Mr. George Williamson, minister resident of the United States, pauses to explain in extenso the constitutional reasons why the government of Honduras cannot comply with the demand of the minister of the United States, in that part which is in relation to the dismissal of the chief or officer who commanded the troops of Honduras when the outrage on the American consulate took place, and for the inability of said chief or officer to obtain offices of honor, trust, or profit, under the government of the republic.

The depriving of a title, or degrading from any office, civil or military, according to the laws of Honduras, is, on the universal principles of legislation, a penalty that discredits or renders infamous a man who falls under its stigma. By the 92d article of the constitution of Honduras only the tribunals established previously by law can judge and take cognizance of civil and criminal cases of the people of Honduras; and by the 97th article of the same constitution, the laws, orders, providences, condemnatory without trial are unjust, oppressive, and null. Consequently, the degrading of the chief or officer who commanded the forces of Honduras at Omoa can only be pronounced by the tribunals that have been by law established, after previous audience of the said officer, the slowwness and formality of a trial, and sentence to take effect, intervening.

So far as regards the inability to obtain employment of honor, of trust, or of profit in the republic, it is also another penalty that the executive power cannot impose, as it is out of the border of its attributes and belongs solely to the competence of the judiciary power.

By the 101st article of our constitution every citizen can be admitted to all public offices, civil, political, and military, without difference, according to their talents and virtues; and according to the 15th and 16th articles of the same constitution, the right of citizenship is lost or suspended, among others of less signification, for sentence pronounced, for a crime meriting a penalty more than correctional, tried criminally and condemned to prison. The chief or officer who commanded the troops of Honduras at Omoa is not suspended from his rights of citizenship, in conformity with the constitutional prescriptions that I have pointed out. But even if he were suspended from his rights of citizenship, there would always be the necessity for a sentence executed (executoriada) to disable him temporarily or absolutely to obtain office of honor, of trust, and of profit.

This country having been devoured by anarchy and civil war, especially during the last three years, the national Congress, by decree of the 9th of February of this year, which I inclose in this dispatch, concedes to the ex-governors of Honduras and their agents a full and unconditional amnesty, and absolute oblivion of all acts of a political or official character, for which they became culpable, as well as the towns which have remained in open and latent rebellion against the past governments.

Peace, Mr. Minister, is the first and most argent necessity to this small and worn-out republic, and peace cannot be obtained unless the past is forgotten and we prepare ourselves, from recent and painful experience, to work out a better future.

Such a policy, Mr. Minister, of oblivion, of tolerance and amalgamation, has been found to operate well during the past year, and the government of Honduras promises itself to obtain a long breath of peace for this people exhausted by fatigue, but in whom the fire of passion can be again excited at any moment, and renew our misfortunes unless moderation and prudence preside over the councils of government.

With these considerations the undersigned believes that the Government of the United States, so desirous for the peace and progress of the American republics of Spanish origin, will feel satisfied with the clear and frank explanations above stated in relation to the constitutional difficulty which the government of Honduras meets in non-fulfillment or compliance with the demand of the minister of the United States in regard to the degradation and removal of the chief or officer who commanded the forces of Honduras at Omoa. The undersigned further believes that the Government of the United States would not exact in any case, and much less from this small nation, that yesterday commenced consolidating its institutions, anything repugnant or in collision with the fundamental laws which it has given.

The undersigned again and lastly expresses to the minister of the United States his conviction and his hope that the Government of the United States, in view of what that of Honduras has done, and the impossibility of doing more toward the vindication or satisfaction of the Government of the United States for the outrage committed on the American consulate at Omoa, will consider itself completely satisfied, so giving another proof that it knows how to contain itself within the limits of justice, notwithstanding the greatness of its power, in its bearing and relations with weak nations.

I reiterate to his excellency, Mr. Williamson, minister of the United States, the assurance of the distinguished consideration and high appreciation with which I subscribe myself,

His most obedient servant,

ADOLFO ZUNIGA.

His Excellency Mr. George Williamson,
Minister Resident of the United States in Central America.

[Inclosure in 3 in No. 322.—Translation.]

Decree No. 25.

The President of the Republic of Honduras ta its inhabitants:

Know that the sovereign Congress has decreed the following: The constitutional Congress of the republic—

Considering that the republic finds itself in the enjoyment of the most perfect peace, and the government in possession of all the necessary means to preserve that inestimable good; considering that it is a high duty of Congress to select the means by which to give final security, strengthening the peace and harmonious order of things, in all the constituent elements of society;

Considering that national and civil wars, administrative errors, have thrown upon the ex-governors of Honduras, and some towns, grave charges, and on this account have arisen cruel social hatreds and an odious spirit of reciprocal criminations for all those who have figured in the political scene; considering that in consequence, and coming from such opposite elements, have been produced the unjust quarrels that have reduced the republic; the prolonging this order of things, festering party spirit, and throwing itself into fratricidal contentions, the land (patria) cannot take the repose that it so much requires for its sons to be united and to follow in the roads of progress;

Considering that in such a melancholy expectation in which the public (pueblo) of Honduras is the victim, it is necessary to recur to the highest feelings of patriotism, to cut at the root the revolutionary ferment, give to oblivion past acts, although touching the public conduct of the different ex-governors that have succeeded to power, and in whom perhaps there was not wanting good intention, but the opportunity of acting Well with a triumphal exit:

In presence of these considerations that represent the general feeling of the country, and making use of the noble prerogative, conceded by the section 18th, 24th article of the constitution, proclaims unanimously the following decree:

• Article 1. Conceding a general, fall, and unconditional amnesty, and absolute forgetfulness of all the acts, crimes, political and official faults, that have been committed within the territory of the republic, by any town, the governments and agents, in any time, up to the publication of this law.
• In consequence, all criminal proceedings that are commenced or are in court, instancia, relative to acts, crimes, or faults embraced in this amnesty, will be stopped, excepting fiscal responsibility of all that have administered public funds, who ought to give an account as by law established.
• Art. 2. All that are absent from the republic, for the enunciated causes, are in full liberty to return to their homes when they please, without the necessity of passport.
• Art. 3. All those who are comprehended in this pardon (gratia) purposing to disturb constitutional order, lose it by the same act.
• Art. 4. It remains null and void (derogado) in all its parts, The decree of 28th April, 1875, emitted by the national convention.

Given in the hall of sessions of the national Congress in Comayagua the 9th of February, 1875.

JOSÉ MARIA ZELAYA, D. P.

CARLOS MADRID, D. T.

MANUEL SAMERO, D. P. T.

To the supreme executive power.

Let it therefore be executed.

Comayagua, February 9, 1875.

• PONCIANO LEIVA.
• ADOLFO ZUNIGA,
  Minister of Government and Justice.

[Inclosure 4 in No. 322.]

Mr. Williamson to Mr. Zuniga.

Legation of the United States in Central America,
Comayagua, Honduras, March 23, 1875.

Sir: I have the pleasure of acknowledging the receipt of the two notes of your excellency dated yesterday, the 22d instant, relating to the settlement of the question which unhappily arose between the United States and Honduras, because of the outrage committed upon the United States consulate at Omoa on or about the 9th of July, A. D. 1873.

Your excellency states both of the notes have been addressed to me in accordance with the terms of the protocol signed by us on the 22d instant. One of them is an apology, and the other purports to explain in extenso, the constitutional and legal obstacles that have prevented your excellency’s government from acceding to the third article of the demand for satisfaction for the outrage above referred to. The latter is accompanied by a copy of a decree of general amnesty passed by the Congress of Honduras at its session of 1875.

Copies of the notes and decree, together with the protocol, will be forwarded to my Government by the first mail.

Before replying further to your excellency’s notes, I take occasion to reiterate to you in this formal manner my confident belief the protocol will be approved.

Your excellency will be pleased to understand and rest assured that the Government of the United States has no disposition to interfere in the domestic affairs of Honduras, and to dictate whether any of her citizens shall be punished without legal trial for an insult to the flag of the United States and a flagrant violation of the treaty between the United States and Honduras. Yet it may learn with regret that any constitutional or legal difficulties exist which may prevent your excellency’s government from taking steps to insure itself against the recurrence of such an outrage, and its consequences, should the same official ever again unhappily command the forces of Honduras.

Your excellency is also assured that my Government, desirous of maintaining the peaceful relations which have always happily subsisted between the United States and Honduras, will gravely weigh the constitutional and legal difficulties your excellency has presented, and, it is hoped, may reach the conclusion that its honor has been fully vindicated. The Government of the United States, being a government of law, in which the safety of the state and the liberty of the citizen are considered in danger if arbitrary and unconstitutional acts are permitted, cannot be presumed to have asked the government of a sister republic to set at defiance its own constitution and laws; but may have justly expected your excellency’s government to have initiated the necessary judicial proceedings to satisfy its legitimate demand.

It is not permitted me to omit the observation that my Government is not to be considered in the light of a prosecutor of the person who happened to be in command at the time the outrage was committed. He is, perhaps, unknown in the United States, except as the person whose name was rendered conspicuous by the outrage upon the consulate at Omoa in July, 1873, and other notorious events of that period. It might have been supposed that the government of Honduras would, of its motion, prosecute to the full extent of the law an official who had done so much to imperil the peaceful relations of the country he professed to serve, and to discredit at home and abroad the uniform he wore.

In view of such possible considerations, it may be a matter of surprise to my Government to learn the fact (for the first time communicated in your excellency’s note of yesterday) that this official has been embraced in the bill of amnesty passed by the Congress while the demand for satisfaction was still pending.

I beg leave to express my just appreciation of the difficulties with which your excellency’s government has found itself surrounded, and also to add the expression of the hope that this question has been settled definitively upon terms equally satisfactory to the United States and Honduras.

Renewing to your excellency the assurance of my high consideration, I have the honor to subscribe myself, your excellency’s obedient servant,

GEO. WILLIAMSON.

His Excellency Señor Licenciado Don A. Zuniga,
Minister of Foreign Affairs of Honduras.