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 THE MAGEE INCIDENT 
 
 HOW A GREAT POWER 
 
 SECURED ADEQUATE REDRESS FOR THE 
 
 ILL-TREATMENT OF 
 
 ITS CONSULAR REPRESENTATIVE 
 
 Respectfully Submitted To The Attention of 
 
 PRESIDENT WILSON 
 
 AND 
 
 THOSE WHO SHARE WITH HIM 
 
 The Responsibility For The Conduct Of Our 
 Foreign Relations 
 
 Prepared from Official Documents, by 
 ELLERY cf STOWELL 
 
 Author of Consular Cases and Opinions, Le Consul, Etc. 
 
 RRICE, 2S CEIMTS 
 
 JOHN BYRNE & COMPANY 
 
 715 Fourteenth Street, Northwest 
 
 WASHINGTON, D. C. 
 
 1920 
 
COPYRIGHT, 1920 
 BY BI,I<BRY C. STOWBI,!, 
 
 ©C1A563537 
 FEB 2 1 1920 
 
? ^\'\l^<^ 
 
 i 
 
 
 THE MAGEE INCIDENT (1874) 
 
 Great Britain and Guatemala 
 
 The American consular agent at San Jose, Guatemala^ 
 in a letter of April 26, 1874, writes as follows: 
 Sir, 
 
 On the arrival of the steam-ship "Arizona" at the port 
 on the morning of the 24th instant, the chief officer of 
 the ship came ashore to see Mr. Magee about discharging 
 his ship. On his return to the steamer he was met by 
 the Gomandante on the head of the pier, who told him 
 he would not permit him to embark. The officer reported 
 the case to me. I at once went to the Gomandante and 
 told him he must not interfere with American sailors 
 passing to and from their ships, so he let him off. An 
 hour after I received a message that Mr. Magee and Mr. 
 Moncrieff were prisoners, and in prison by order of the. 
 Gomandante. I went to the Gomandante to inquire 
 what he had arrested them for. His reply was, he would 
 release Mr. Moncrieff, but he would give Mr. Magee 500 
 lashes today, and tomorrow he would shoot him. His 
 reasons : — He had sent for Mr. Magee to come to his 
 house. Magee, having a sore foot, sent back word he 
 could not come. The Gomandante sent word to Mr. 
 Magee to state his reasons for not coming in writing. 
 
 Magee's written reasons were, he had a sore foot ; and 
 besides, his position as British Vice-Gonsul exempted him 
 from appearing. 
 
 ♦Prepared from the material in the Parliamentary Papers, 1875, vol. 
 82. 
 
The Comandante then sent a guard of soldiers to 
 bring him, and if he would not come, to arrest him or 
 shoot him. 
 
 The soldiers went to the house of Mr. Magee and took 
 him prisoner. 
 
 Before leaving the house Mr. Magee put a pistol in his 
 pocket. 
 
 On appearing before the Comandante (who met him 
 going up stairs) he asked him why he had brought that 
 pistol with him. 
 
 Mr. Magee replied, "Knowing you to be a very violent 
 man, I carry this pistol to defend myself." 
 
 The Comandante then struck Mr. Magee in the face 
 several times, and told him today he would give him 500 
 lashes, and tomorrow he would shoot him. 
 
 This was about 12 o'clock (noon) 
 
 I did not think the Comandante would dare to carry 
 out his threats, but I was very much mistaken; for at 4 
 o'clock P. M. the soldiers were formed, the bugles sound- 
 ed, and Mr. Magee was brought up to be lashed. 
 
 I at once went to my office and wrote a protest, in the 
 name of the United States, against such a disgraceful 
 outrage against humanity, civilization, and all laws, 
 human and divine, but he would not receive my protest 
 or listen to me in any way. I was rudely put down stairs 
 by the soldiers, and he carried out his shameful and in- 
 famous outrage on the person of a representative of a 
 civilized and Christian nation. 
 
 I tried to telegraph you several times during the day, 
 but the Comandante had seized the telegraph and would 
 permit no communication on that day, so I acted on my 
 own judgment, and am responsible for all my actions, 
 and will accept any result they may entail; and if my 
 
conduct has exceeded my official duty, I can only say I 
 will be satisfied with any action you may conceive it your 
 duty to take in reference to the whole course of this 
 disgraceful affair. My conduct will never bring a blush 
 to the cheek of an American. 
 
 During the whole course of the day I could not get 
 an opportunity to tell the Comandante of the dreadful 
 result of his conduct. 
 
 This day, all day, he was blind and stupid with drink 
 and revenge. But something must be done. Mr. Magee 
 had received 210 lashes, the first part of the threat had 
 been carried out, and the second was that tomorrow 
 morning Mr. Magee must die. Nearly every foreigner 
 had fled the port. 
 
 I determined to save his life, whether it was my official 
 duty or not ; whether I saved my own life or not. I waited 
 till morning, got up very early, that I might see the 
 Comandante before he had taken any drink. 
 
 About 7 A. M. T saw the Comandante bringing Mr. 
 Magee out. He formed the soldiers, and was ready to 
 flog Mr. Magee again. 
 
 I immediately went up to him and told him not to 
 attempt to go any farther with this infamous outrage. 
 He said he was going to give Mr. Magee more lashes 
 and then shoot him. I told him it would ruin him and 
 bring misfortune on his country, perhaps ruin. He listened 
 to me and began to think and understand his situation. 
 He said, "I am ruined any way, and before the event I 
 will kill Mr. Magee." 
 
 He then says, "I will flee the country; and if Mr. 
 Magee will give me money I will go aboard the steamer 
 if you will put me safely there." Mr. Magee at once 
 said, "I will give you all the money you want." I pledged 
 him the protection of the American flag. 
 
At this time the captain of the "Arizona" (Captain 
 Morse) sent me word that he was going to leave. 
 
 I wrote him a note, imploring him to delay an hour 
 longer. 
 
 I had the money in my pocket, and the Comandante 
 was ready to go. He bid Mr. Magee good-bye and told 
 him he was free. I walked down the pier with him, and 
 we got into the boat together and pushed away. 
 
 I had now succeeded in saving Mr. Magee's life, and 
 now risked my own; for when the boat had arrived at 
 the steps of the steamer's ladder I got out first, the Co- 
 mandante following me, with one foot on the steps and 
 the other still in the boat, when the passengers, armed 
 with pistols, opened fire on the Comandante, after I had 
 promised him the protection of our flag. It was on this 
 condition he had agreed to spare Mr. Magee. He received 
 two mortal wounds, stepped back into the boat, and went 
 to the shore. 
 
 He now lies in a dying condition.* I regret this last 
 outrage. 
 
 In justice to Captain Morse, I must say he did all that 
 he could to prevent it. 
 I am, &c., 
 
 (Signed) EDWIN JAMES, 
 
 United States' Consular Agent. 
 
 The British Vice-Consul was a merchant consul, which 
 corresponds to a "consular agent" in other services. The 
 statement which he made agrees substantially with this 
 account. From Mr. MoncriefT we learn that he had 
 previously warned the Guatemalan authorities of the re- 
 sponsibility they would incur by retaining such men as 
 the Comandante Gonzales and the Administrator Bulnes 
 
 * He recovered and was punished. 
 
in office. He also relates how, acting under the directions 
 which Mr. Magee was able to convey to him, he suc- 
 ceeded in notifying the Guatemalan authorities of Mr. 
 Magee' s arrest. The President of Guatemala seems to 
 have acted with due diligence. He removed the guilty 
 officials, and they were brought to punishment with 
 reasonable dispatch. 
 
 On May 1, the British charge in Central America 
 entered into an agreement with the Guatemalan Minister 
 for Foreign Affairs in regard to the satisfaction which 
 the Guatemalan Government should give the British Gov- 
 ernment for the outrage upon its consular representative 
 committed by the Comandante, a Spaniard in the 
 service of the Republic. In addition to the punishment 
 of the Comandante and the Administrator Bulnes the 
 Guatemalan Government agreed to salute the British flag 
 with twenty-one guns. The matter of indemnity raised 
 by the British charge caused more difficulty. The Guate- 
 malan Government set forth its view that it could not be 
 held responsible for an act such as that of the Co- 
 mandante when it had made every effort to bring the 
 transgressor to punishment, and even if the Guatemalan 
 Government should be held as obligated to pay an in- 
 demnity, Guatemala contended that such indemnity was 
 a personal matter with the victim of the outrage. Now 
 Mr. Magee had expressed his appreciation of the prompt 
 action taken by the President of Guatemala and had 
 already renounced any claim for an indemnity, hence 
 no demand could be rightfully made. Nevertheless the 
 Government of Guatemala placed on record its consent 
 that "H Her Britannic Majestys Government shall, when 
 it shall have a full knowledge of the matter, and of the 
 conduct of the Government of Guatemala, and of the 
 manner in which it has deplored this event, be of opinion 
 
that it ought to ask for an indemnity, and should insist 
 upon it, notwithstanding the contrary resolution of the 
 outraged Mr. Magee, then the Government of Guatemala 
 will enter, with that of Her Britannic Majesty, into the 
 negotiations convenient to arrange this point." 
 
 When Lord Derby, then Minister of Foreign Affairs, 
 received the report of the occurrences at San Jose, he 
 approved the conduct of the British charge, and, in view 
 of the diligence of the Guatemalan Government in the 
 prosecution of the offenders, expressed the \yillingness of 
 his government to accept the apologies oft'ered. but, in 
 his instructions to the British charge, he declared that 
 the nature of the outrage required "that the salute to the 
 British flag should be given in the most formal manner," 
 and to this end he communicated with the Admiralty, so 
 that the vessels of the squadron in the Pacific might pro- 
 ceed to San Jose to take part in the ceremony. Lord Derby 
 further insisted upon an indemnity, but said that he was 
 willing, in view of the action of the Guatemalan Gov- 
 ernment, to place it at the small figure of ten thousand 
 pounds. He did not accept the views of the Guatemalan 
 Government as to the personal nature of this indemnity, 
 but considered it as due for the outrage to a British con- 
 sular representative. Lord Derby further instructed the 
 British chargd to insist upon the payment of the indemnity 
 of ten thousand pounds at the time of the salue of the flag, 
 and, if the Guatemalan Government should attempt to 
 discuss the matter, he was directed to inform them of this 
 final decision of the British Government, and to warn 
 them of the consequences of a failure to comply there- 
 with. 
 
 About this time — July 29 — the following item appeared 
 in the "London Daily News" : 
 
 "The Outrage of Consul Magee. — We are in- 
 
formed that the EngHsh fleet in the Pacific is ordered 
 to collect at Panama, and will proceed to one of the 
 ports of Guatemala to enforce prompt payment of 
 £20,000 in compensation for the outrage on Consul 
 Magee." 
 
 This called forth a note from General Negrete, the 
 Guatemalan Minister at London. He quoted the article 
 and stated that it had caused apprehension and that mer- 
 chants hesitated to ship goods to Guatemala for fear 
 commercial intercourse might be interrupted by hostili- 
 ties. The minister asked Lord Derby to inform him 
 whether there was any foundation for the statement ap- 
 pearing in the press. In reply, Lord Derby simply com- 
 municated to the Guatemalan representative a copy of the 
 instructions he had sent the British charge. In view of 
 their somewhat peremptory tone it is not surprising that 
 General Negrete replied with a mild protest. He noted 
 that Lord Derby had instructed the British representa- 
 tive, in the event that the malefactors should not be 
 adequately punished, to insist that they be brought to 
 justice. General Negrete informed Lord Derby that full 
 punishment had been inflicted, and he considered that 
 the Guatemala Government had acted of its own free 
 will, actuated by a sense of its obligation. He further 
 contended that the presence of the squadron and other 
 formalities in regard to the salute of the British flag were 
 out of all proportion to the gravity of the injury. "And 
 why," he asks, "M. le Ministre, such ostentation of power 
 before the Republic of Guatemala, which has shown her- 
 self indignant against the criminals who outraged the 
 English Vice-Consul, and which immediately tried them 
 and sentenced them with all the rigor of the law? The 
 conduct of the Guatemalan Government in this unfor- 
 tunate affair does it honor in face of Great Britain and 
 
8 
 
 in face of the civilized world. Why is it now required 
 to salute with a solemnity only befitting cases of much 
 more seriousness, such, for example, as when a govern- 
 ment orders capital executions, which have been per- 
 formed, and the destruction of flags? What solemnity 
 is reserved, then, for the case of giving salutes of honor 
 after the conclusion of a war, or the surrender of arms 
 in the open field? England has not required the salute 
 from Guatemala, it is Guatemala which has offered it to 
 England, from considerations of honor, of friendship, 
 and of civilization, not because Guatemala considers her- 
 self culpable before England, but, on the contrary, de- 
 serving of consideration before the whole world, for the 
 Government of Guatemala, employing all its resources, 
 succeeded in capturing the fugitive criminals, and 
 sentenced them with all the rigor of the law in ninety 
 days after a Vice-Consul had been outraged. Consider- 
 ing these circumstances, it would appear to be sufficient 
 merely that the English flag should be hoisted on the 
 British Vice-Consulate, and that the Commandancy of 
 the port should salute it with the usual twenty-one can- 
 non-shots." 
 
 A few days later, General Negrete wrote again to 
 complain that the British Government had failed to take 
 any notice of the communications he had made, and to 
 this Lord Derby replied, August 15 : 
 
 "I fully appreciate the sentiment which induced you 
 to address to me the note in question; but I must beg 
 leave to point out to you, in reply, that it is impossible 
 satisfactorily to discuss here the matter to which it re- 
 lates." 
 
 The discussion was continued at San Jose and these 
 
same arguments repeated. In his note of August 31, the 
 Guatemalan Minister for Foreign Affairs concluded his 
 arguments against the indemnity as follows : 
 
 "I regret to have to insist in denying the force of this 
 argument of Lord Derby. My Government cannot under- 
 stand that the injury done by Gonzalez to Magee is under- 
 stood as done to the British nation ; and, in granting that 
 it is so, it is surprised to see that your Government desires 
 that the honor and dignity of England should be indemni- 
 fied with money. The question of honor and satisfaction 
 is arranged by the salute to the British flag, stipulated 
 for in Article II of the Protocol, as is customary between 
 civilized nations. The honor of these and of their Gov- 
 ernments cannot be indemnified by money, whatever the 
 sum may be that is offered. National offenses have no 
 price. 
 
 "My Government, whilst it further considers this point, 
 insists that it owes to yours no indemnity, and with this 
 view, trusts that you will transmit to the proper depart- 
 ment the observations contained in this despatch, in order 
 that, in conformity with the stipulations of the Protocol, 
 the negotiations on this point may be opened in a formal 
 manner." 
 
 To this note the British charge, in accordance with his 
 instructions mentioned above, replied with the following 
 ultimatum : 
 
 "Sir : I have the honor to acknowledge the receipt of 
 your Excellency's despatch, dated today, answering that 
 of Lord Derby to me, dated June 30. 
 
 "In reply, I have the honor to state that, by the first 
 opportunity, I will forward a copy of your Excellency's 
 communication to my Government, but I regret to inform 
 your Excellency that my instructions are not to discuss 
 
10 
 
 the points raised by your Excellency as regards the pay- 
 ment of the indemnity, and, with a view of avoiding 
 grave compHcations for your Excellency's Government 
 and for the people of Guatemala, I have now the honor 
 to present the ultimatum of Her Britannic Majesty's 
 Government, which is the immediate payment of the in- 
 demnity fixed by Lord Derby, namely 10,000 sterling. 
 "I await your Excellency's reply with much anxiety. 
 "I avail, etc., 
 
 (Signed) HENRY SCHOLFIELD." 
 
 To this the Guatemalan Minister for Foreign Affairs 
 replied : 
 
 "Sir: I have received your note, dated today, in which 
 you inform me that, in accordance with your instructions, 
 you are not authorized to discuss the question of indemni- 
 zation, and that the ultimatum of your Government is to 
 demand at once the 50,000 dollars which Lord Derby 
 names as indemnity for the outrage which the ex-Com- 
 mandant Gonzalez inflicted in the port of San Jose on 
 Vice-Consul Magee. 
 
 "With reference to your note I answer that, in view 
 of the difficulties and grave complications which you 
 augur for my Government and for the people of Guate- 
 mala, and the wish to avoid involving the country in the 
 bloodshed of an unequal struggle which would be pro- 
 voked by a resistance to the ultimatum of Her Britannic 
 Majesty, my Government has decreed that the sum re- 
 ferred to should be placed at your disposition, to which 
 effect I enclose an order on the Minister of Finance for 
 50,000 dollars. 
 
 "Notwithstanding this, my Government, firm in its 
 rights, has determined to address itself directly to that 
 of Her Britannic Majesty, explaining more fully the 
 
11 
 
 reasons tliat it has for believing to be neither just nor 
 true its mode of proceeding in this affair of the indemnity 
 which it has demanded and forced us to pay to you. 
 "I avail, etc., 
 
 (Signed) MARCO A. SOTO." 
 
 An account of the manner in which the matter was 
 finally settled through the salute of the flag is given in the 
 following report of Rear Admiral Cochrane to his official 
 superiors : 
 
 "Repulse," at San Jos^ de Guatemala, 
 
 September 5, 1874. 
 
 Sir : I have the honor to inform you, for the informa- 
 tion of the Lords Commissioners of the Admiralty, that 
 on the 24th August I received a letter from Mr. Schol- 
 field, Her Britannic Majesty's Charge d'Affaires at 
 Guatemala, informing me that Colonel Gonzalez and 
 Bulnes had been sentenced to confinement to the satis- 
 faction of Her Majesty's Government. 
 
 2. A subsequent communication from Her Majesty's 
 Charge d'Affaires, dated 31st August, stated that the 
 sum of 10,000/. sterling had been paid by the Guatemala 
 Government into his hands, as the indemnity for the 
 outrage committed on the person of Vice-Consul Magee. 
 
 3. The Guatemala troops, about 230 strong, with 4- 
 pieces of Artillery, having arrived from Guatemala, the 
 inclosed programme as to the manner in which honor 
 should be rendered, and the salute of twenty-one guns 
 fired, to the British flag by the Guatemala Authorities, 
 was agreed upon by General Solares, in command of the 
 troops, and myself. 
 
 4. On the 4th instant the salute to the British flag of 
 twenty-one guns was fired precisely at 10 o'clock, with 
 
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 every solemnity, and to witness the ceremony Her 
 Majesty's Charge d' Affaires attended, also the United 
 States Minister, General Williamson, who had come ex- 
 pressly from Guatemala to be present, and for whose 
 presence and courtesy I shall always feel indebted. 
 
 5. The Captains of the "Repulse," "Tenedos," "Fan- 
 tome," and "Peterel," their officers and the Consular Au- 
 thorities, and English and foreign residents, also took 
 part in the ceremony. 
 
 6. It is with great pleasure I have to mention that, not 
 only did General Solares carry out everything exactly as 
 agreed upon in the programme, but when the British 
 flag was being hauled down at the conclusion of the 
 ceremony his troops presented arms, and subsequently 
 lined the entire length of the pier on my embarkation, 
 prior to which, as a proof of cordiality and good will, 
 General Solares invited the Diplomatic Body and myself 
 to take wine in his house. 
 
 6. At 1 P. M. Her Majesty's ship "Repulse" saluted 
 the Guatemala flag with twenty-one guns; subsequently 
 my flag was saluted with thirteen guns, both of which 
 were respectively returned. 
 
 7. At 4 P. M. the Diplomatic Body and General 
 Solares, his officers, the captains of the squadron, and 
 leading merchants, were entertained by me at a banquet 
 on board Her Majesty's ship "Repulse," and General 
 Solares on leaving received the salute due to his rank, 
 which was duly returned. Thus ended the ceremonies of 
 the day with the Guatemala Authorities, which were con- 
 ducted and concluded with cordiality and good will. 
 
 I have, &c., 
 
 (Signed) A. A. COCHRANE. 
 
13 
 
 Admiral Cochrane received the approval of his govern- 
 ment and was commended for "the discretion shown by 
 him in performing the important and delicate duty with 
 which he was charged. 
 
 Lord Derby instructed the head of the British Mission 
 in the United States to express his government's apprecia- 
 tion of the courageous action of Consular Agent James, 
 and of the cooperation of the American minister. 
 
. TODDRY OF CONGRESS 
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