Papers Relating to the Foreign Relations of the United States, For the Year 1887, Transmitted to Congress, With a Message of the President, June 26, 1888
No. 476.
Mr. Manning to Mr. Bayard.
Mexico, June 11, 1887. (Received June 20.)
Sir: I inclose the Diario Oficial of the 10th instant, containing the published treaty of Mexico with Guatemala for the regulation of the telegraph service.
I am, etc.,
Treaty between Mexico and Guatemala regulating the telegraph service.
Mexico, June 2, 1887.
The President of the Republic has seen fit to send to me the following decree:
“Porfirio Diaz, President of the United States of Mexico, to the inhabitants thereof.
“Know ye: That on the fifth day of February of the present year a telegraph treaty between the United States of Mexico and the Republic of Guatemala was concluded and signed in the city of Mexico by plenipotentiaries duly authorized therefor, in the form and terms following:
“The undersigned, Ignacio Mariscal, secretary of state and of the department of foreign affairs of the Republic of Mexico, and Vicente Dardon, envoy extraordinary and minister plenipotentiary of the Republic of Guatemala, being duly authorized by their respective Governments, have agreed upon the following articles:
“Article 1.
“A Mexican telegraph station shall be established at Nenton, in the territory of Guatemala, as being the town nearest to the frontier next to the Guatemalan station now there, in order that both may deliver to each other for immediate transmission dispatches sent from one Republic to the other, or which may have to be forwarded through their territory to some other country.
“Article 2.
“The Mexican Government shall take upon itself to maintain the telegraph line [tramo] from the frontier to its office at Nenton. The Government of Guatemala, on its part, binds itself to protect from all damage or violence the said line and the Mexican office at Nenton, the employe’s and fixtures of which shall be under the especial protection [garantia] which the law of nations grants to the agents and property of a foreign Government.
“Article 3.
“Each Government shall have authority to interrupt for an indefinite time the international telegraph service throughout the line, or on a portion of it, whenever it may think proper, it being obliged nevertheless to immediately notify the other Government, and no claim whatever can be made on this account.
[Page 734]“Article 4.
“Each Government reserves to itself the power to detain a private dispatch which may seem to endanger the safety of the state, or which may he contrary to the laws of the country, to the public peace, or good morals, but giving immediate notice thereof to the transmitting office.
“Article 5.
“Official messages of the two Republics shall at all times have the right of preference for transmission over private messages.
“Article 6.
“For the purpose of preventing claims that might arise because of interruption, the operators must ascertain, before admitting any message whatever for transmission, whether or no the communication is open between the extreme offices of the line, and in case it is not, the message shall not be admitted, unless the person sending it is willing to leave it for transmission until the communication is re-established, an acquiescence which he must give under his signature. Should the party not desire to wait for notice of the communication being open, when this requires some time, the telegraph operator [telegrafista] can receive the message but without guarantying its immediate transmission.
“Article 7.
“The Governments of Mexico and Guatemala are not responsible for loss, alteration, or delay in the transmission or delivery of messages, except when the lines are working [esten expeditas] and the fault of the particular office is proved. In such case the responsibility of the Government shall be restricted to making the culpable employé pay the tine incurred, in conformity with the respective regulation. Both Governments are bound to issue, by common consent, the said regulation, three months, at the latest, after the establishment for public use of the international telegraph.
“In case a telegram is lost, the parties interested shall be entitled to the return of what they may have paid, provided they present their claims within two months after the date of the deposit of the message.
“Article 8.
“Original messages and their copies shall be preserved for one year at least, with every precaution necessary for keeping them secret.
“Article 9.
“The original of a dispatch and its copies can only be shown to the person who sent it, or to him to whom it was addressed, and besides to the public authorities when so required.
“Article 10.
“Messages which the two Governments may address to each other through their secretaries of state, as well as those which each one may send to its representative in the other Republic or vice versa shall go free of charge. So likewise shall the messages of the telegraphic offices in both states go free on all matters relative to the international service.
“Article 11.
“The transmission of the telegrams of private individuals to the frontier shall be, paid for according to the tariff existing in the country whence the message is sent, and the other country shall collect nothing for its transmission to the place of its destination.
“Article 12.
“The present convention shall be put in force as soon as ratified by both Governments and its ratifications are exchanged in this city, remaining then in force for an indefinite time up to one year after being denounced by one of the two high contracting parties.
“In testimony whereof the undersigned plenipotentiaries have signed the present convention in duplicate and affixed thereunto their respective seals.
“Done at the city of Mexico, the 5th day of the month of February, 1887.
| “[l. s.] | Ignacio Mariscal. |
| “[l. s.] | Vicente Dardon,” |
Whereas, The preceding convention was approved by the Senate of the United States of Mexico the tenth day of May of the present year, and ratified by me the fourteenth day of the said month;
Whereas, It was likewise approved by the Legislative Assembly of the republic of Guatemala the eighteenth day of April last, and was ratified by the President of the Republic of Guatemala the twenty-ninth day of the same month;
And the ratifications of the aforesaid convention were exchanged this day in the city of Mexico;
Therefore, I order it to be printed, published, and circulated, that it may be duly carried out.
Mexico, June 1, 1887.
To Licentiate Ignacio Mariscal,
Secretary of State for Foreign Relations.
And I communicate this to you, for the ends convenient, renewing to you the assurances of my consideration.
Señor ___ ____
Decree entending time for completion of labors of Boundary Commission.
Office of Foreign Relations, Section 1,
Mexico, June 6, 1887.
The President of the Republic has thought proper to send me the following decree:
“Porfirio Diaz, President of the United States of Mexico, to the inhabitants thereof.
Know ye: That on the 16th of October, 1886, by _____ _____, plenipotentiaries, duly authorized therefor, a convention between the United States of Mexico and the Republic of Guatemala was concluded and signed in the city of Mexico, in the form and terms as follows:
“The Government of the United States of Mexico and the Government of the Republic of Guatemala, considering that the term of two years stipulated in Article IV of the treaty of boundaries between the two countries, of the 27th of September, 1882, for the conclusion of the labors of the commission intrusted with marking out the dividing line, and which term was extended by one year in the protocol signed in Guatemala the 8th of June, 1885, has not been sufficient for the purpose, and desiring that the said operations should come to a conclusion, have agreed to prolong the said term, appointing for that end their plenipotentiaries, to wit:
“By the President of the United States of Mexico, Señor Don Ignacio Mariscal, secretary of state and of foreign relations; and by the President of the Republic of Guatemala, Señor Don Vicente Dardon, envoy extraordinary and minister plenipotentiary near the Government of Mexico, who after making known to each other their respective powers, found to be in correct and due form, have agreed upon the following articles:
Article I.
The high contracting parties agree that the term designated by the treaty of boundaries of September 27, 1882, extended by the protocol of June 8, 1885, for the completion of the labors of the commission intrusted with marking out the dividing line between the two countries, be prolonged by two years, reckoning from the 1st of November next, ending the 31st of October, 1888.
Article II.
The present convention shall be ratified and the ratifications exchanged in the shortest time possible.
In testimony whereof the said plenipotentiaries have signed this convention and affixed to it their respective seals.
Done in the City of Mexico the 16th day of October, 1886.
| [l. s.] | Ignacio Mariscal. |
| [l. s.] | Vicente Dardon. |
Whereas the preceding convention was approved by the senate of the United States of Mexico the 10th day of December, 1886, and ratified by mo the 31st day of May of the present year;
Whereas the legislative assembly of the Republic of Guatemala likewise approved it the 5th day of April of the present year, and it was ratified by the president of the Republic of Guatemala the 19th day of the same month;
And the ratifications of the said convention were exchanged this day in the City of Mexico:
Therefore I order it to be printed, published, and circulated, and that it be duly carried out.
To Licentiate Ignacio Mariscal,
Secretary of State and for Foreign
Relations.
And I communicate this to you for the ends convenient, renewing to you my high consideration.
Señor ____ ______.