No. 49.
Mr. Reynolds to Mr. Fish.
Legation of
the United States,
La Paz,
Bolivia, February 20, 1875.
(Received April 3.)
No. 46.]
Sir: I have the honor to report that upon the 18th
of January, and for many days thereafter, many persons, citizens of Bolivia,
have asked the protection of this legation from interference by the
government of this republic.
I gave all applicants the same response, viz: That for criminal offenses
against the laws of the country, the American flag could afford no
protection; and for offenses purely political, I felt assured the government
and the administration of President Frias would not molest the parties
implicated.
As many as thirty persons have applied for the protection of the flag of the
United States, being connected with the attempted revolution in some way,
prior to January 18, and it became a grave question for me to solve in the
light of precedents in Bolivia. It has been common for the defeated party in
any revolution to seek protection under foreign flags, and especially under
the flag of this legation.
Well knowing the character of the late mutiny and attempted revolution,
wherein many murders were committed in cold blood, and where many lost their
lives by bullets shot through the windows of their houses, I felt that the
only course which could meet the approval of my conscience and approbation
of my Government was that of refusing protection or asylum to all chiefs of
the revolution and chiefs of the mutiny in the quarters of the army.
I earnestly hope that my action will meet the entire approval of my
Government.
Of those making application, but two have remained under the protection of
this legation, each filing statements alleging that he was not engaged,
directly or indirectly, with arms in the mutiny on the 23d, 24th,
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25th, and 26th days of December, and
stating further that he sought the protection of this flag, through
apprehension of molestation through personal enemies filing false statements
with the government. Their names are Adolpho Criales and J. D. Poso. Their
application bears date February 4, and they have remained unmolested till
the present time.
I send herewith a memorandum of a conversation had with the minister for
foreign affairs last evening.
It will be seen from the memorandum of the interview that information had
been filed with the government that Mr. J. D. Poso has been in conspiracy
against the government while under the protection of the flag of this
legation.
I called Mr. Poso to my rooms this morning, and upon notifying him of the
charges made against him, he stoutly denied the allegations, as stated
above, and assured me that in no case had he violated the privileges of the
protection granted to him. In reply, I expressed myself satisfied with his
denial, yet at the same time I assured him that under no circumstances could
I permit an unfriendly or hostile act toward the constitutional government
of Bolivia to be committed by any one under the protection of the flag.
While the honorable minister for foreign affairs has expressed entire
satisfaction with my course, I am free to say that the case is one of
embarrassment, and I respectfully ask for general or specific instructions
in the premises, and will await the reply of the Department with much
interest, in which I will find definite instructions covering like cases in
the future.
I am, &c.,
[Inclosure 1 in No. 46.]
memorandum.
Conference with the minister for foreign
affairs, Dr. Don Mariano Baptista, February 19, 1875.
Being invited to repair to the palace to meet the President and minister
for foreign affairs, the following conversation transpired:
Baptista. The present illness of the President
is my apology for requesting your presence in the palace; otherwise, we
should have repaired to your legation-rooms. I hope you will appreciate
the reason, and take no offense for invitation sent you.
Reynolds. Your action requires no apology
whatever. I very much regret the illness of the President, and hope he
may soon be released of his” illness. I cheerfully place myself at your
service.
Baptista. The government of Bolivia has taken
notice of the fact that certain parties have taken asylum in your
legation, among whom are Mr. J. D. Poso, Mr. Adolphe Criales, and Mr. F.
Soles. Is the information correct?
Reynolds. It is, so far as Mr. J. D. Poso and
Adolphe Criales are concerned. These gentlemen made application in
writing for the protection of the flag of the United States on the 4th
day of February, alleging that they did so for precaution only as
against false information which might be filed with the government of
Bolivia, and further alleging that they were not participants in the
revolution attempted on the 23d, 24th, 25th, and 26th December, 1874. I
stated to these gentlemen, as I have said to all applicants for asylum,
that if their offenses were purely political and not criminal, I felt
safe in assuring them that the government of Bolivia would not molest
them; but if their offense was criminal, and, as such, liable to
punishment under the penal laws of the country, I could not assure them
of protection and asylum under the flag of the United States. They have
remained in the legation-rooms till the present under assurances that
they were not guilty of any criminal offense.
Baptista. The government makes no charges of
crime against either of these gentlemen, yet the government wished the
honorable North American minister to take notice of the fact that this
same man, J. D. Poso, esq., at a former time took refuge under the flag
of the United States during the time that Mr. Markbreit was American
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minister, and, at the same time,
was in conspiracy against the lawful government of Bolivia. The
government would wish the honorable minister to further notice the fact
that Mr. Poso is now attempting to do the same thing as formerly, viz,
communicating with outside parties to the injury of the government,
while under the protection of the Hag of your legation.
Reynolds. The minister resident from the United
States sincerely thanks the government of Bolivia, through her minister
for foreign affairs, for the information communicated, and assures the
government that the legation of the United States in Bolivia will not
permit any unfriendly act toward the government to be committed by
parties while under protection. Such acts as alleged against Mr. J. D.
Poso are deemed unfriendly and unwarranted, and the minister resident
will take pleasure in notifying him that he cannot use the
legation-rooms as the base of intrigue or conspiracy against the
constituted authorities of the government of Bolivia; and he further
assures the minister that any further act of like character as alleged
will be followed by a notification to Mr. Poso that no further
protection would be granted to him.
Baptista. This is completely and highly
satisfactory to my government, and I wish to assure the honorable
minister of the United States of the highest regards of the President
and government of Bolivia, and he only regrets that there was any
seeming necessity for calling the minister’s attention to the case of
Mr. Poso, which arose from information filed with this government.
Note.—With mutual good feeling warmly expressed
the conference ended.
