Mr. Merry to Mr.
Hay.
Legation of the United States of America,
San José, Costa Rica, May 7,
1899.
No. 248.]Sir: On arrival at Port Limon yesterday I
cabled you as follows: “Entered into an arrangement Mosquito Territory
customs duties by payment to British consul, subject to decision of the
Government of the United States and the Nicaraguan Government, as to de
facto government, of which you will have unquestionable proof. Request
leave of absence one month, consul of the United States, San Juan del
Norte, to make a report to the Department of State. Reply by telegraph
to San José. Mosquito Territory quiet at present. British war ship
probably remain until ours has returned.” To which, twenty-four hours
subsequently, I received the following answer: “Mosquito Territory
arrangement approved, subject to determination of law and equity. Leave
of absence granted.” The last sentence I have cabled Commander Dayton,
at Colon, to avoid the necessity for his calling at Limon en route
northward, as I am anxious to have him relieve the Proserpine at Bluefields, soon as possible. I had said to Mr.
Sanson that while Colonel Torres remains the port will have the
protection of a war ship. He then assured me that Torres will leave for
Managua on 14th, as his “court-martial” has nearly concluded its
“evidence.”
I beg to inclose herewith (inclosures Nos. 1 and 2) copies of my letter
requesting the British consul, Mr. Bingham, to accept the trust, and his
acceptance thereof. The clause No. 5 relating to request that the matter
be settled within four months’ time was put in the agreement at the
request of the merchants, although I was not favorable thereto. I
inclose herewith copy of letter (inclosure No. 3) handed me by the
merchants of Bluefields, just prior to my departure. Before leaving a
number of affidavits had been prepared, proving the de facto Government
of Reyes between February 3 and 25. I urged them to carefully prepare
these affidavits, to go forward by United States Consul Sorsby direct,
or through this legation. Although insistent upon aggressive military
action upon my arrival, they were apparently satisfied when I left, but,
whether satisfied or not, I did not go to Bluefields to increase the
friction or to settle the interminable Mosquito question with military
power, although if American interests are to be regarded worthy of
support, I respectfully suggest that it should be finally disposed
of.
With assurances, etc.,
William Lawrence Merry,
United States Minister.
[Inclosure 1.]
Mr. Merry to
Mr. Bingham, Her Britannic
Majesty’s consul at Bluefields.
Legation of the United States of America,
Bluefields, Nicaragua,
May 3,
1899.
Sir: Permit me, on behalf of the United
States Government, to request you to receive in trust the amount of
$19,673.33, Nicaraguan currency, claimed from five American
establishments here due to the customs authorities of Bluefields.
The inclosed copy of agreement made between Hon. Joaquin Sanson and
myself is selfexplanatory. If we shall be able to prove, as I have
no doubt we can, that the government of General Reyes, between the
3d and 25th of February, 1899, was the only effective and thede
facto government in Bluefields, the amount will be, under this
agreement, repaid to the merchants, who have already paid these
duties once. We hold that to have refused payment to Reyes’s
government would have resulted in the seizure of their goods, with
material injury to their business. That was sufficient duress then,
as it is now, to force payment of duties. But it is not my province
at this time to argue the case. I make this request on behalf of my
Government and our citizens, that it may go on record as one more
proof of the mutual good will now happily existing between our
respective Governments, and with entire confidence in your
acceptance.
With assurances, etc.,
William Lawrence
Merry,
United States
Minister.
[Inclosure 2.]
Mr. Bingham to
Mr. Merry.
British Consulate, Bluefields, May 4,
1899.
Sir: I have the honor to acknowledge
receipt of your communication, dated the 3d instant, in which you
request me, on behalf of the United States Government, to receive on
trust, in accordance with the terms of an agreement made between
yourself and the minister of foreign affairs of Nicaragua, copy of
which you inclosed me, the amount of $19,673.33, Nicaraguan
currency, claimed from certain American establishments in this city
as due to the customs authorities of Bluefields.
I shall have much pleasure in accepting the trust with which you
honor me.
I am, etc.,
H. F. Bingham,
Her Britannic Majesty’s
Consul.
[Inclosure 3.]
American merchants of
Bluefields to Mr. Merry.
Bluefields, Nicaragua, May
4, 1899.
Hon. William Lawrence
Merry,
United States Minister to
Central America.
Sir: Your friends, the American business
men of Bluefields, can not permit you to leave this port without an
expression of their esteem and regard for the admirable manner and
zeal you have shown in withstanding, under very trying
circumstances, the tyranny of Nicaraguan officials.
We fully appreciate the situation, and the praiseworthy manner in
which you have discharged the onerous and responsible duties
appertaining to your position have won from us our full confidence
and belief in the integrity of the entire proceedings.
We thank you for all the assistance rendered, and only those
concerned can fully appreciate the relief sustained.
With best wishes,
J. W.
Petersen.
The New Orleans
and Central American Trading Co.,
Per Jos. W. Beer.
Allen &
Caldwell.
Samuel Weill.
Sam D. Spellman.
