No. 62.
Mr. Hall to Mr.
Bayard.
Legation of
the United States in Central America,
Guatemala, March 26, 1885.
(Received April 18.)
No. 329.]Sir: On the 24th instant I received your telegram
of the 23d asking what foundation there was for the rumor that foreign
treaties with Central American States had been declared void by the
President of
[Page 95]
Guatemala, to which I
replied that it had been officially declared by the minister for foreign
affairs of Guatemala that the decree of the President of Guatemala was never
intended to apply and does not apply to any existing treaties with the
Central American States.
I brought the subject of your telegram to the notice of the minister for
foreign affairs and he immediately sent me the memorandum of which the
inclosed is a copy; and the following day addressed a circular note to the
foreign representatives in Central America, containing the same declaration
that I communicated in my telegram referred to. He declares that the decree
has in no way affected, nor does it affect, any treaty signed before the
28th February, 1885; that it refers solely to treaties signed after that
date; that the decree was promulgated when it was believed the union would
be accepted by the states; this belief was founded upon the public
manifestations and promises made in advance by the President of Salvador,
and was intended to embrace such states only as should adhere to the
compact. In other words, the article referred to is null and void, as is the
decree itself, so far as it concerns the states of Salvador, Nicaragua, and
Costa Rica, which have not accented, and in ali probability will not accept
it.
I am, &c.,
[Inclosure 1 in No.
329.—Translation.]
Señor Cruz to Mr.
Hall.
memorandum.
The minister for foreign affairs of the Republic of Guatemala has the
honor to inform Mr. Henry C. Hall, envoy extraordinary and minister
plenipotentiary of the United States in Central America, that there is
no declaration on the part of the President of Guatemala in which it is
pretended to annul the treaties concluded with any of the states of
Central America before the 28th of February last.
The decree of that date states that those which maybe concluded will not
be recognized—that is, those which shall be signed after that day; but
even that was with the belief that the union would be accepted at once
by virtue of the promises made beforehand by Dr. Zaldivar, and never
having a wider interpretation than that of including only the states
which pronounced in favor of the union; so much so that this immediate
adhesion not having taken place, and in view of its taking more or less
time in bringing it about, it has been communicated to the diplomatic
representatives who have made any inquiry in that respect, that no
objection is made, nor will be made in any case, to any treaty concluded
even after the date of the decree, and even should it be with Honduras,
which at once embraced the cause of the union.
Furthermore, the undersigned has instructions from General Barrios to
confirm to the American minister the same, of which he has personally
assured him, that neither to-day, nor under any circumstance, and least
of all if the union be effected, no difficulty of whatever nature will
be placed in the faithful and full accomplishment of any treaty,
previous or posterior to the 28th of February, made by the United States
with any of the Republics of Central America. On the contrary, his
desire is not only that all of them be observed, but that they contain
concessions more liberal and ample in every sense for the Government and
people of North America. He has instructions not only to repeat this,
but also that the President of Guatemala will hear with the greatest
satisfaction any indications which come from the Government of the
United States concerning the subject of the union.
FERNANDO CRUZ.
Guatemala, March 24,
1885.
[Inclosure 2 in No.
329.—Translation.]
Señor Cruz to Mr.
Hall.
Guatemala, March 25,
1885.
Mr. Minister: The Government having had
information that various interpretations have been given to article 9 of
the decree of the 28th of February last, in which reference is made to
negotiations concerning territory, international treaties,
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and national loans or foreign
such, it has been considered indispensable to explain the sole sense of
the referred to article; and with this view I have received special and
decisive instructions from the President to accomplish it, in his name
and in that of the Government, in the terms which I am about to have the
honor of submitting to you.
In the first place, the article mentioned has not affected nor affects in
any way any treaty signed before the 28th of February, 1885, by
Guatemala or by any other of the states of Central America with any
other nation, because it expressly refers to those concluded, that is,
signed after that date, and in no case to those already existing or
signed before.
Secondly. Even the declaration that those signed after the 28th of
February would not be recognized was with the supposition that the Union
was going to be accepted at once, as was to be supposed by the
manifestations of public opinion, and on account of the promises made
beforehand, among others, by the ruler of Salvador; and always, without
a greater range than that of including the states which adhered
immediately to the proclamation of the union which has been made.
In conformity with that which I have explained, and there being delay on
account of the failure of the ruler of Salvador to carry out his
promises in the immediate adhesion which was expected, I have already
had the honor to inform those diplomatic representatives who have made
any inquiry on this subject—and it is a pleasure to me to confirm it
now—that no objection can be made by Guatemala nor will be made in any
case, and even less so after the accomplishment of the union, to any
treaty made between the nations they represent and Guatemala or another
of the states of Central America, even if it should be signed after the
date of the decrees.
In virtue of that which is just expressed, article 9 of the decree of the
28th of February last includes solely and exclusively the negotiations
which are expressed in it, that are made by any of the states which
adhere to the proclamation of the union of; Central America, after the
date of their adhesion, and without the consent of the others which are
already in it.
I beg of you to be pleased to take note of this declaration, which
explains officially what is the sense of the referred-to article; and
that should you deem it well, you will bring it to the notice of your
Government in whatever form you may think proper.
I am, &c.,
