Adolfo Zuniga to Mr. George Williamson, March 22, 1875

Mr. Zuniga to Mr. Williamson.

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,