No. 101.
Mr. Logan to Mr. Evarts.

No. 45.]

Sir: Under cover of this dispatch I inclose a printed copy of the new constitution of Guatemala referred to in my dispatch No. 44. The articles discussed in that dispatch, numbered 5, 14, and 23, stand as previously reported. I also inclose a copy of the note addressed by myself to the minister of foreign relations in connection therewith.

A note, in similar terms, was also addressed to the minister by the representatives of Germany, France, Italy, Great Britain, and Spain. I also add a translated copy of the minister’s reply. I shall be glad to receive any instructions you may desire to give me.

I have, &c.,

C. A. LOGAN.
[Inclosure 1 in No. 45.]

Mr. Logan to Señor Heirrera.

Sir: The undersigned has to acknowledge the receipt of Your Excellency’s note of the 17th instant, inclosing six copies of the constitution recently adopted by the National Constituent Assembly of Guatemala, and now officially promulgated as operative from the first day of March next.

Having carefully perused the printed copy, he has noticed certain articles of the constitution which seriously affect the plainest rights of his countrymen as well as his own faculties and prerogatives as a foreign representative. In view of the instructions of his government, he has therefore to declare that he will continue in the future as in the past to protect the person and interests of his countrymen, to cause their just rights to be respected, to sustain their proper claims, and to demand redress in all cases in which diplomatic intervention may be justified by the law of nations. With sentiments of respect, I have the honor to subscribe myself,

Yours, &c.,

C. A. LOGAN.

Hon. Manuel Herrera,
Minister in charge of the Department of Foreign Relations of Guatemala.

[Page 115]
[Inclosure 2 in No. 45.—Translation.]

Señor Herrera to Mr. Logan.

Sir: I have had the honor to receive the polite communication which your excellency has been pleased to address me under date of the 19th instant, informing me that, having read attentively the constitution promulgated the 12th of the present month, you have found several of its articles affecting the faculties and prerogatives of yourself, as well as the rights of your countrymen, in consideration of which you think it proper to declare that in the future as in the past you will continue to defend the persons and interests of your countrymen, causing their rights to be respected, sustaining their just claims, and asking (pidiendo) justice in all cases in which diplomatic intervention may be justified by the law of nations.

In reply to your excellency as to the reservations which you have thought necessary to make respecting certain articles of the constitution, which your excellency has not specified in the note to which I have the honor to refer, I have to say that my Government has the intention to proceed, as always, to guard (guardar) the constitutional prescriptions in the cases which occur, in conformity with the general principles recognized by international law.

I am, &c.,

MANUEL HERRERA.

Hon. C. A. Logan, &c., &c., &c.