No. 105.
Mr. Hall
to Mr. Bayard.
Legation of
the United States in Central America,
Guatemala, April 3, 1888.
(Received April 25.)
No. 798.]Sir: Mr. Concepcion Pinto, anaturalized citizen of
the United States, and for many years a resident of San Francisco, Cal., has
addressed me a communication, written by his advocate, asking to be informed
whether the Governments of the United States and Guatemala hold that certain
parts of the treaty of, March 3, 1849, relative to peace and friendship are
still in force, as stipulated in its Article XXXIII, and in such case,
whether Article XII, which provides that the citizens of both contracting
parties shall enjoy the same rights in their trials at law which are enjoyed
by natives or citizens, may not also be considered to be in force. A
translation of Mr. Pinto’s communication is inclosed herewith.
The treaty referred to was terminated by Guatemala in 1874, and so far as I
can ascertain, without any reference having been made by either party to the
last clause of paragraph 1, of Article XXXIII, as follows:
That in all those parts which relate to peace and friendship it shall
be perpetually binding on both powers.
Mr. Pinto’s object in making this inquiry is the following: He has brought a
suit in the courts of this city against the International Bank of Guatemala,
and on the ground that he is a foreigner the bank’s advocate has petitioned
the court that Mr. Pinto shall be required to give security in the sum of
$100,000; for this requirement, it is said, no law exists, and no such
security was ever required of a citizen of the country.
Article XII of the treaty of 1849 stipulates substantially that the citizens
of the contracting parties shall enjoy the same rights in their trials at
law that are enjoyed by natives or citizens.
I have forwarded a copy of Mr. Pinto’s communication to the minister for
foreign affairs of Guatemala with a note, of which I inclose a copy.
I have, etc.,
[Inclosure 1 in No.
798.—Translation.]
Mr. Pinto to Mr.
Hall.
Guatemala, 24th March,
1888.
Sir: Having several claims pending before the
tribunals of this Republic and others to present, I have the honor to
address you, requesting you to be pleased to inform rue whether the
Governments of the United States and of this Republic hold Article XII
of the treaty of the 3d of March, 1849, to be binding. In this article
it is stipulated that the citizens of the contracting parties in each
country shall enjoy the same rights in their trials at law that are
enjoyed by the natives or citizens.
It is said that notice of its intention to terminate the treaty was given
by the Government of Guatemala in the month of September, 1873, but as
Article XXXIII, paragraph 1, provides that such notice shall apply only
to whatsoever relates to commerce and navigation, and that whatsoever
relates to peace and friendship shall be perpetually binding on both
nations, it appears conclusive that Article XII subsists in all its
force and vigor inasmuch as it does not relate to navigation nor to
commerce, but to peace and friendship, assimilating Guatemalan citizens
in the United States
[Page 143]
and
citizens of the United States in Guatemala with the citizens of the one
and the other country in all that relates to their rights in the courts
of justice.
Begging that you will be pleased to inform me whether you consider the
same to be binding, I have the pleasure to subscribe myself.
Your obedient servant,
[Inclosure 2 in No. 798.]
Mr. Hall to Señor
Barrutia.
Legation of the United States in Central
America,
Guatemala, April 3,
1888.
Mr. Minister: Mr. Concepcion Pinto, a citizen
of the United States, has addressed a communication to this legation
requesting to be informed whether the Governments of the United States
and Guatemala hold that those parts of the treaty of the 3d of March,
1849, between the two countries, relative to peace and friendship, are
still in force as stipulated in its Article XXXIII, and in such case
whether Article XXXIII, which stipulates that the citizens of both
contracting parties in each country shall enjoy the same rights in their
trials at law which are enjoyed by natives or citizens is not also in
force.
The treaty referred to was terminated by Guatemala in 1873, and so far as
I have been able to ascertain, without any reference having been made
concerning those points which relate to peace and friendship, which the
treaty itself stipulates shall be perpetual,
I have forwarded a copy of Mr. Pinto’s note to my Government and have
asked for its instructions, but in the meantime it would be reasonable
to expect that unless there are special laws which deprive citizens of
the United States and other foreigners of any of the privileges enjoyed
by native citizens in the tribunals of Guatemala, the courtesies at
least due from one friendly nation to another should entitle them to the
same consideration. I am very sure that no Guatemalan could be deprived
of any privilege in the courts of the United States enjoyed by natives
or citizens of the country.
With renewed assurance of my highest, etc.,
