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TREATY BETWEEN UNITED STATES AND HONDURAS, REPORTED DENUNCIATION OF.

No. 103.]

Mr. Hay to Mr. Hunter.

DEPATMENT OF STATE,

Washington, January 28, 1899.

SIR: The consul of the United States at Tegucigalpa, in his dispatch No. 14, of December 9, 1898, touching the complaint of American citizens against the Government of Honduras, reported that President Bonilla had informed him that the treaty of 1864 (July 4, 1864) "was denounced in 1878-79, but that all clauses of the treaty had been recognized as if it was really in existence."

So far as the archives of this Department show I have been unable to find any notification made by this Government or by that of Honduras of the intention of either to terminate that treaty. If such record exists at Tegucigalpa I shall be glad to have a copy thereof and of any reply by this Government.

Confidentially, I may add that this question is one of serious urgency, in view of the fact that valuable property belonging to a recently deceased American citizen, J. Cook Kingsley, of Brooklyn, N. Y., is in dispute and the authorities of Honduras deny the competency of our consul to intervene. President Bonilla alleges that the treaty was terminated in 1878-79 and sustains the local judicial authorities. Mr. Kingsley suicided at San Salvador, December 23, 1898. Both the consul there and at Tegucigalpa are familiar with the case. The attorneys are Messrs. Evarts, Beaman and Choate, of New York, who have been in telegraphic correspondence with the consuls direct and through this Department. The deceased left property also in Salvador. A representative is understood to have sailed from New Orleans for Central America, on the 12th instant, to look after and protect as far as possible, with the assistance of our consuls, the interests of the deceased.

I make these observations for your personal information in order to show the necessity for an early reply touching the status of the treaty of 1864.

I shall give the consul at Tegucipalga a copy of this instruction so that you may feel free to call upon him for any assistance in the

matter.

Commending this subject to your personal and instant attention, I am, etc.,

Mr. Hay to Mr. Hunter.

JOHN HAY.

No. 138.]

DEPARTMENT OF STATE,
Washington, April 5, 1899.

SIR: Referring to the Department's instruction No. 103, of January 28, 1899, I inclose for your information a copy of a dispatch from the consul of the United States at Tegucigalpa, No. 48, of March 10, 1899, relative to the denunciation by the Government of Honduras in 1898 of certain treaties with the United States.

I inclose also a copy of the Department's reply, from which it will appear that no treaties under the dates mentioned by Mr. Allison— namely, May 28, 1849, and May 10, 1863, were ever concluded by this Government; that so far as its archives are concerned no notification of the termination of the treaty of July 4, 1864, has ever reached this Department.

I am, etc.,

JOHN HAY.

[Inclosure 1.]

No. 48].

Mr. Allison to Mr. Hill.

CONSULATE OF THE UNITED STATES,
Tegucigalpa, March 10, 1899.

SIR: I have the honor to inform you that in accordance with my dispatch of some months previous, in which I stated that ex-President Bonilla had informed me that no treaty existed between the United States and Honduras and that it was denounced in 1878 or 1879, I have found on the record here the following:

By decree of provisional Government of Dr. Marco Aurelio Soto, dated in La Paz, April 25, 1877, were denounced several existing treaties, including

The general convention with United States signed May 28, 1849, and the one signed May 10, 1863.

This act was approved by Congress in decree of March 20, 1879.

I beg to state that our Government will have no trouble in effecting a new treaty with the Government of Honduras or a renewal of the old one, if, in your opinion, this will be necessary, as I have had some little talk with President Sierra and his ministers, and they have expressed their willingness in this matter; however, if I am to come to the United States soon, there will be several points if a new treaty is to be made which I would like to suggest.

I have notified our consul-general, Mr. A. M. Beaupré, at Guatemala, of the decrees in reference to treaty which I found on the records here.

I am,

etc.

FREDERICK H. ALLISON,

United States Consul.

No. 52.]

[Inclosure 2.]

Mr. Cridler to Mr. Allison.

DEPARTMENT OF STATE,

Washington, April 5, 1899.

SIR: I have to acknowledge the receipt of your No. 48 of March 10, in relation to the denunciation of the treaty between the United States and Honduras, referred to in my No. 24 of January 28, 1899. You say that you have found on the record at your consulate the following:

By decree of provisional government of Dr. Marco Aurelio Soto, dated in La Paz, April 25, 1877, were denounced several existing treaties, including the general convention with United States, signed May 28, 1849, and the one signed May 10, 1863. This act was approved by Congress in decree of March 20, 1879.

By reference to Department's instruction you will find that the treaty referred to as having been denounced in 1878 or 1879 by the Honduran Government was that concluded July 4, 1864, relative to friendship, commerce, and navigation.

Your dispatch speaks of two treaties signed May 28, 1849, and May So far as the record of this Department discloses the fact, I am unable to find that any treaties bearing those dates were ever concluded with the Government of Honduras.

Requesting that you will give the matter further investigation and report, THOS. W. CRIDLER.

I am, etc.,

FILIBUSTERING EXPEDITION RECRUITED IN UNITED STATES.

Mr. Beaupre to Mr. Hay.

[Telegram.]

GUATEMALA, February 28, 1899. (Received March 1, 1899.) President of Guatemala asked me to refuse to consent to the landing 150 adventurers recruited Kansas, Texas, by a leader of Honduras to disturb order in Guatemala. American press reports the movement. Left Mobile; will probably arrive Puerto Barrios to-day or to-morrow. The President awaits instructions from you to refuse landing.

BEAUPRE.

Mr. Hay to Mr. Beaupre.

[Telegram.]

DEPARTMENT OF STATE,
Washington, March 1, 1899.

If reasonable grounds of suspicion you will not oppose action of Government of Guatemala in refusing landing of alleged filibusters.

HAY.

Mr. Beaupre to Mr. Hay.

No. 147.]

LEGATION OF THE UNITED STATES,
GUATEMALA AND HONDURAS,
Guatemala, March 3, 1899.

SIR: I have the honor to confirm the appended telegram.1 In view of the apparently reliable information that a steamer had left the United States with about 150 filibusters on board, with arms and ammunition, destined for an attack upon Honduras, I consider it an act of much courtesy and consideration on the part of the President of this Republic to inform the Government of the United States of his desire to prevent the landing of these filibusters upon Guatemalan territory, when in any event he would have perhaps been justifiable in stopping them without notice.

From the little information I have it would appear that the men were recruited with the ostensible purpose of working on the North

1
1 Printed, ante.

ern Railroad of Guatemala, but were in fact to join other parties and invade Honduras, with the end of making Domino Vasquez President. Whether or not this project will now be attempted I can not say, but I think it would be well to have the Machias remain in Honduran waters for a time.

Mr. Allison, our consul at Tegucigalpa, has been notified of the situation, and I have wired him of the action of this Government. I have, etc.,

A. M. BEAUPRE Chargé d'Affaires ad interim.

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No. 39.]

Mr. Hay to Mr. Arriaga.

DEPARTMENT OF STATE,

Washington, March 3, 1899.

SIR: Referring to my conversation with you in regard to the reported departure from New Orleans, for Puerto Barrios, Guatemala, of a filibustering expedition, I have the honor to inform you, that I at once communicated with the several Departments having direction in such matters. I am to-day in receipt of a letter from the Secretary of the Navy, stating that he has telegraphed the commanding officer of the U. S. S. Machias, now stationed at Puerto Cortez, acquainting him with the reported departure of the expedition and directing him to take such action as may necessary to prevent any violation of the neutrality laws of the United States. It is trusted that this prompt action on the part of the Secretary of the Navy will effectually check the execution of any hostile act which may have been meditated against a friendly government by the expedition in question.

Be pleased, etc.,

No. 36.]

Mr. Arriaga to Mr. Hay.

JOHN HAY.

LEGATION OF GUATEMALA,
Washington, March 4, 1899.

MR. SECRETARY OF STATE: I was informed by your note of yesterday that the Secretary of the Navy had instructed the commander of the U. S. S. Machias, now stationed at Puerto Cortez (Cortes?) to endeavor to prevent any violation of the neutrality laws of the United States by members of the filibustering expeditions to which I referred in our last conversation.

I warmly thank your excellency in the name of my Government for the promptness with which you were pleased to cause this order to be issued.

An expedition of 150 men, recruited in the State of Missouri, which was to embark on the 2d instant for Puerto Barrios on the steamer of the New Orleans-Belize Royal Mail and Central Steamship Company, was prevented by the notification of the consul of Guatemala to Messrs. Macheca Brothers, the owners of the said steamship line, that the authorities of Puerto Barrios and Livingston would not permit the landing of suspicious passengers and cargo; but both the members of that expedition and those of others which were to follow, are still at New Orleans and in various Southern cities, and there is good reason

to believe that Gen. Domingo Vasquez, who is now at New Orleans, and his agents, are engaged in endeavoring to procure other means of transportation for these men.

I therefore beg your excellency to be pleased to cause instructions to be sent to the proper Federal authorities in the ports of Galveston, New Orleans, Mobile, and Pensacola to prevent the embarkation of any filibustering expedition that may seek to sail from these points. Also, of any arms and other munitions of war destined for the Guatemalan ports of the Atlantic, without the previous authorization of the consul-general of Guatemala at New Orleans.

I avail myself, etc.,

ANTO. LARO ARRIAGA.

Mr. Hay to Mr. Beaupre.

No. 121.]

DEPARTMENT OF STATE,
Washington, March 4, 1899.

SIR: Referring to your telegram of the 1st instant, in regard to the alleged departure of a filibustering expedition from the United States to Guatemala, and to the Department's telegraphic reply of the same date, confirmed in my instruction of the 3d instant, I have to inclose, for your information, copies of correspondence had with the Navy Department in regard to the said expedition.

I am, etc.,

JOHN HAY.

[Inclosure 1.]

Mr. Hay to the Secretary of the Navy.

DEPARTMENT OF STATE,

Washington, March 1, 1899.

SIR: Referring to my letter of even date herewith, communicating the telegram received from the United States minister to Nicaragua, and with reference to the apprehensions therein expressed in regard to an alleged filibustering expedition to depart from New Orleans for Honduras, I have the honor to inform you that I am advised by the minister from Guatemala that he is informed of the reported organization at Kansas City and departure from New Orleans yesterday on the steamer Managua of an unlawful expedition destined for Puerto Barrios in Guatemala. Mr. Lazo Arriaga represents that the expedition is numerous and well organized, but that its ostensible purpose in proceeding to Puerto Barrios is to engage in the operations of railway construction in that vicinity, while the real motive is believed to be the disturbance of the peace of Central America by fomenting an insurrection there, presumably in Honduras. He adverts to the circumstance that the newspaper press has published accounts of the departure of the expedition from Kansas City, and adds that the Government of Guatemala purposes to prevent the landing of the expedition at Puerto Barrios.

I have, therefore, the honor to request that so far as may be practicable the agencies under your direction will be exerted to prevent any violation of the neutrality laws of the United States.

I have, etc.,

[Inclosure 2.]
Mr. Long to Mr. Hay.

JOHN HAY.

NAVY DEPARTMENT, Washington, March 1, 1899.

SIR: Referring to the matter of the departure of an alleged filibustering expedition from New Orleans, La., for Honduras, and the representations of the minister from

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