I of the contending factions that they might carry the conflict to whatever extremes, with the knowledge that at last they should enjoy impunity in the protection of this Government, yet such might be construed as the practical effect of the assurance given in this case. am therefore constrained to withhold my approval of the assurances given at the time and under the circumstances stated in your dispatches and as understood by the Department. I am, etc., JOHN HAY. THREATS AGAINST MISSIONARIES. Mr. Sampson to Mr. Hay. No. 103.] LEGATION OF THE UNITED STATES, SIR: The attached inclosures, 1, 2, and 3, are largely self-explanatory. No. 1 is copy of letter received from two American Protestant missionaries in Quito. Immediately on receipt of it I wrote a letter to this Government, accompanying it by a translation into Spanish. Otherwise its contents might not be known by officials for two or three days, until the translator got ready to translate it. I then delivered it in person, to see its effect, which was most salutary and effective. I was then given positive assurances, orally, by the minister of foreign affairs (and VicePresident and Acting President Cueva, who happened to be present) that prompt and active steps should be taken for the protection of American missionaries and the punishment of offenders. This personal assurance was followed by a very satisfactory official answer. (See inclosure 3.) Unofficially I have learned that soldiers were detailed to go to the cathedral and other churches to hear if any more denunciation of Protestant missionaries should be indulged in, while police were sent to protect their homes. They have suffered no further molestation. Nine arrests have been made and the offend ers are in jail awaiting trial. Missionaries in China or Turkey were never in more imminent peril. Prompt, decisive action of the Government is all that averted a killing of the missionaries here-nine in all. I have, etc., [Inclosure 1.] ARCHIBALD J. SAMPSON. Messrs. Tarbox and Fritz to Mr. Sampson. QUITO, March 11, 1899. DEAR MR. SAMPSON: It having come to our knowledge that the priests were using the pulpit of the cathedral to excite the people to kill us, we asked a friend, Señor Pablo J. Guteirez, to go and listen to what was being preached. To-day at the noon service a priest by the name of Matens gave a most inflammatory address, using the following significant language: "If the Virgin Mary does not convert them it is necessary that they be taken out of the city, and if not, they must be destroyed." Last Wednesday similar language was used. Already we are seeing the fruits of such malicious words, for Thursday evening last a large crowd came to our house, bent on mischief, using the most threatening language, such as "Kill the Protestant devils," etc. Everything indicated that we would have suffered bodily harm if the police had not interfered and driven them away. Our windows also have been stoned. In view of the above facts, we, as American citizens, feel it necessary to ask you to take what steps you may think proper to stop such preaching and to give us proper protection for life and property. Yours, faithfully, E. B. TARBOX, Christian and Missionary Alliance of New York. No. 66.] [Inclosure 2.] Mr. Sampson to Mr. Peralta. UNITED STATES LEGATION, Quito, Ecuador, March 11, 1899. SIR: I have in my possession unquestioned proof of outrages perpetrated against the house and person of Protestant missionaries in this city, citizens of the United States, within the last week by citizens of Ecuador; and more, that within the same time Catholic priests have publicly proclaimed in the cathedral of this city in the hearing of many people that these "Masons," meaning "Protestant missionaries," "must be stopped preaching, must be gotten rid of in some way," by such language inciting fanatical and evil-disposed persons to take their lives. I now officially advise you of these outrages, and notify you that if harm comes to any of said citizens of the United States the Government of the United States will consider itself as the injured party, and govern itself accordingly. Prompt, concerted, efficient action on the part of your Government can stop such preaching, punish the offender, and prevent insult and harm to citizens of the United States. If you desire my cooperation in any manner, please advise me at once. [Inclosure 3.-Translation.] Mr. Peralta to Mr. Sampson. ARCHIBALD J. SAMPSON. No. 43.] QUITO, March 13, 1899. MR. MINISTER: I have carefully noted your kind dispatch, No. 66, in which your excellency notified me of the danger that threatens the Protestant missionaries in consequence of the preaching of some Catholic priests. In answer, I have the honor to communicate to your excellency that I have to-day sent to the illustrious archbishop of this archdiocese to put a stop to such irregularities; and also to the general director of the police, ordering him to inflict the punishment provided by law for such wrongs. I have, etc., J. PERALTA, Mr. Hay to Mr. Sampson. No. 81.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 103, of the 15th ultimo, reporting your intervention with the Government of Ecuador in behalf of certain American missionaries of the Protestant faith, whose lives and property have been threatened in consequence of inflammatory utterances in the pulpit by priests of the Roman Catholic faith. The Department is gratified that your representations were effective in securing proper police protection for the lives and property of American citizens. The reported utterances of the ecclesiastics of the Roman Church seem to have gone far beyond the liberty of speech which exists in republican communities, and, inasmuch as the church in Ecuador is a State institution, it was proper to call the attention of the responsible Government to the incendiary provocations of the the clergy. The Ecuadorian Government appears to admit and accept its disciplinary function in the premises. I am, etc., JOHN HAY. SUMMONS ISSUED AGAINST CONSUL-GENERAL OF THE UNITED STATES AT GUAYAQUIL. Mr. Sampson to Mr. Hay. No. 138.] LEGATION OF THE UNITED STATES, I hereby inclose copy of a letter sent to the minister of foreign relations of Ecuador, July 28, 1899, which is self-explanatory. The date of its delivery I was assured I should have speedy answer, but none has yet come. To-day in a conversation with said minister, he claimed that there was no cause of complaint on the part of the United States; that it was an offense for the officer to enter the consulate to serve a summons on the consul-general, but no greater or different offense from that if he had entered any private residence in the city for such a purpose; that he is liable to punishment, but only by the local law as in other cases; that the subcommissary of police, in using abusive, insulting language about said consul-general, was guilty of no other or greater offense than if he had so abused his fellow-citizens. any of The consul-general feels greatly outraged at the invasion of his consulate, especially as the officer brought with him a drunken discharged employee who had robbed him of about two hundred sucres. * * * What can I do further in this matter? If I had Wharton's International Law here I could decide, but in its absence must appeal to you for advice. Second. If an American citizen should enter, uninvited, the consulate and insult or assault the consul-general, would he be subject to any other or greater punishment than a citizen of this country? An answer specially important. I have, etc., ARCHIBALD J. SAMPSON. [Inclosure in No. 138.] No. 90.] UNITED STATES LEGATION, Quito, Ecuador, July 28, 1899. SIR: I am just advised that Subcommissary of Police Landin, of Guayaquil, issued a summons in a civil suit against the United States consul-general in Guayaquil, requiring him to appear before him and answer certain complaints in debt (I am assured most unjust demands), and when he did so appear used insulting and abusive language of and toward him. Said summons was served by an officer entering, without permission, the consulate-general. Appeal was made to the governor, who had failed to afford relief. Will you see that said Officer Landin is punished according to your law for insult offered the consul-general, and the officer for violating the sanctity of the consulategeneral? I have, etc., ARCHIBALD J. SAMPSON. I have since learned that the consul-general did not appear before the subcommissary of police, but his secretary did, and heard the abusive statements. A. J. SAMPSON, Minister. Mr. Hay to Mr. Sampson. No. 106.] DEPARTMENT OF STATE, SIR: Your dispatch No. 138, of the 1st ultimo, has been received. You therewith inclose copy of a note addressed by you to the minister of foreign relations in the matter of the summons issued against the consul-general of the United States at Guayaquil, and state that in conversation with you on the subject the minister claimed that the offense committed was no greater than if committed against a private citizen, and punishable only by the local law; that there was no cause of complaint on the part of the United States. You ask what you can do further in the matter. It would seem proper for you to ascertain whether consular officers of any foreign country, by treaty with Ecuador, enjoy immunity from service of judicial process in such cases. If so, any consular prerogatives extended to other powers may be expected and properly asked of Ecuador as a friendly courtesy to this Government, although there is no treaty between the two countries on this subject. Unless the offensive action of the Ecuadorean official while serving the summons is made punishable by some law of Ecuador especially applying to offenses against foreign consular officers, he would appear to be subject only to the general law applicable to offenses against private individuals. The United States has a special law making it a penal offense to "assault" or "offer violence to the person of a public minister, in violation of the law of nations," but there is no such law applying to consular officers. It is presumed the same may be the case in Ecuador. In accordance with your request, copy of Wharton's Digest is sent to you under separate cover. I am, etc., JOHN HAY. Mr. Hay to Mr. Sampson. No. 126.] DEPARTMENT OF STATE, Washington, January 31, 1900. SIR: Referring to the Department's No. 106, of October 5 last, relative to the summons issued against the United States consul-general at Guayaquil, I inclose copies of two dispatches from that officer, from which it appears that the President of Ecuador has expressed regret at the incident, and that the police magistrate has been removed from office. I am, etc., JOHN HAY. No. 83.] [Inclosure 1.] Mr. de Leon to the Department of State. CONSULATE-GENERAL OF THE UNITED STATES, Guayaquil, Ecuador, January 4, 1900. SIR: I have the honor to acknowledge your No. 51. I fear I am likely to obtain no satisfaction for the outrage perpetrated by the Ecuadorean police magistrate, Landin. Permit me to say that I make no complaint in regard to the serving of summonses. I am well aware that a consular officer is not exempt from civil process, even in cases like my own, where the claims are baseless and brought to annoy him. What I do complain of, and what I hoped the Department would require redress for, are the false and insulting remarks made about me by the police magistrate in open court, without the slightest justification, and the invasion of the consulate and my residence (even my bedroom) by a constable entering them to serve the summonses. This I regard as an outrage on the United States as well as myself. Even were I a citizen of Ecuador, my residence could not legally have been entered, while, as consul-general of the United States, I claim the consulate is equally inviolable. I can not see what bearing, therefore, your remarks, the "immunity from service of judicial process enjoyed by consular officers of other governments stationed in Ecuador," has upon the case in question. I hope you will concur in my views, and that Minister Sampson will be instructed to exact an apology from the Ecuadorean Government. * * * PERRY M. DE LEON, Consul-General. No. 85.] [Inclosure 2.] Mr. de Leon to the Department of State. CONSULATE-GENERAL OF THE UNITED STATES, SIR: I have the pleasure as well as the honor to state that in an interview I had last evening with President Alfaro, who is here on a visit, he censured Landin for his conduct and expressed his sincere regret for the occurrences, assuring me of his personal regard and thanking me for the reports I have from time to time made upon Ecuador. I have also the pleasure to state that Landin has lost his office, the municipality a few days since appointing Señor Icaza to succeed him. So terminates this disagreeable incident. I trust the next treaty with Ecuador will preclude similar trouble in the future. PERRY M. DE LEON, Consul-General. I have, etc., |