to Mr. Frelinghuysen
the United States,
October 25, 1883.
(Received November 17.)
Sir: On the 5th of the present month President
Barrios called an extra session of the Assembly for the purpose of
considering a proposal for the arrangement of the foreign debt, which had
been agreed upon by the Guatemalan minister in London and the English
The Assembly refused to approve the plan proposed.
During the session the Government submitted a law authorizing the expulsion
by the President, or President and Cabinet, of any foreigner who may be
I inclose a copy of the decree, and a translation of the same.
As you will observe from the wording of the law, the Executive is, in effect,
authorized to expel any foreigner he chooses.
This act is creating considerable unfavorable comment on the part of resident
foreigners; not that it will be likely to cause any difference in the
practice of the authorities, but as an open declaration of their principles
I have, &c.,
[Inclosure in No.
Decree No. 67.
The legislative Assembly of the Republic of Guatemala, considering:
That it is a duty of the state to maintain public order and guard the
That that order as well as those interests may be affected by foreigners
who may abuse the hospitality of the country, and the benefits and
protection which our laws concede them;
That it is a right inherent in the sovereignty of nations to not admit
into their territory pernicious foreigners or to cause them to leave it,
a right recognized in the legislation of civilized countries, decrees:
Article I. The President of the
Republic may order of his own authority (por
si) by a simple governmental proceeding, the expulsion
of any foreigner who may compromise the internal tranquility or
external security of the Republic, or who may have been
condemned in it for grave offenses, or may be pursued for
offenses, also grave, committed without the country.
Art. II. He may also, in accord with
the council of ministers, order the expulsion of the foreigner
whose admission or permanence may be judged pernicious.
Art. III. The order shall be
communicated by means of the jefe
politico (governor) of the department in which the
foreigner may be found, and to whom he shall designate,
according to the circumstances, the time within which it must be
Art. IV. In case of the disobedience
of the notification of the authority, or that the person
expelled from the territory return to it without proper
permission, he shaft incur the penalty of one year of
imprisonment, which may be commuted for a sum of from $200 to
$1,000, without prejudice, after the imposition of the penalty,
of the fulfillment of the order causing him to be conducted to
Let it pass to the Executive for publication and fulfillment.
Done in the hall of sessions, in
Guatemala, the 14th of October, 1883.
- ANGEL MARIA ARROYO,
- E. MARTINEZ SOBRAL,
- SALVADOR BARRUTIA,
October 14, 1883.
Let it be fulfilled.
- J. RUFLNO BARRIOS.
Secretary of State in the Department
of Foreign Relations.