No. 75.
Mr. Hall to
Mr. Bayard.
Legation of
the United States in Central America,
Guatemala, January 10, 1887.
(Received February 10.)
No. 605.]Sir: With reference to my dispatch No. 574, of the
27th October, and to your instruction, No. 409, of the 27th November last,
relating to the recent law upon the general subject of citizenship and the
status of foreigners in Salvador, I have the honor to inclose an abstract of
a note from the minister for foreign affairs of that Republic to One of my
colleagues in answer to his inquiry as to the interpretations to be given to
articles 39, 40, and 41 of the referred to law.
The answer was not satisfactory, and the minister for foreign affairs was so
informed.
In his second note the minister gives assurances that the law will be amended
and that such amendments were under consideration. In view of this
information, I have thought it advisable to address Señor Delgado upon the
same subject and in the tenor of your above-mentioned instruction. I shall
transmit his reply to the Department when received.
I have, etc.,
[Inclosure in No.
605.—Translation.]
Abstract of a note from the minister for foreign
affairs of Salvador, in relation to the law of the 29th of
September, 1886, concerning the status of
foreigners, naturalization, matriculation, etc., in that
Republic.
The minister was requested to state in regard to the interpretation to be
given to Articles 39, 40, and 41 of the law of the 29th September, 1886,
whether it is to be understood that the intention of the Assembly was to
declare that no recourse is to be had against a denial of justice after
a judicial decision has been pronounced, even should it be alleged that
the decision is iniquitous or given in express violation of law.
The minister replied, under date of 29th November, 1886, affirmatively,
and substantially as follows:
That in Article 39 of the law referred to it is established that
foreigners can have diplomatic recourse in case of a denial of justice
or of a voluntary retardation of its administration, but that it is
essential that they shall previously have made use of the ordinary
recourses established by the laws of the Republic.
That Article 40 defines what is understood to be a denial of justice,
that is, when a judicial authority refuses to give a formal decision in
a case before him or upon any incident thereof; but when a judge shall
have given a sentence or decision, in whatever sense it may be, even
should it be alleged that the resolution is iniquitous or given in
express violation of law, there can be hp recourse to the diplomatic
channel.
He further says, that the object of the Assembly Was to establish clearly
the cases in which foreigners can have diplomatic recourse, in order to
put a stop to unjust claims to which the subjects of powerful nations
are so frequently inclined to resort. That it is well known that in the
history of these Spanish American Republics there are recorded claims of
manifest injustice; for the same reason these countries have been
compelled to establish the cases in which such claims can be instituted,
and thus to avoid the complication and difficulties that unfounded
claims give rise to.
