No. 113.
Mr. Hosmer
to Mr. Bayard.
Legation of
the United States in Central America,
Guatemala, June 9, 1888.
(Received June 28.)
No. 818.].
Sir: I have the honor to acknowledge receipt of
your instructions numbered 574, of April 30, 1888, furnishing many good and
sufficient reasons why the clause in the annulled treaty between the United
States and Guatemala, relating to peace and friendship, should be still
[Page 156]
in force, and I beg respectfully
to inclose to you a copy of my note addressed to the minister for foreign
affairs of Guatemala, dated June 6, 1888, in which I attempt to impart your
views to that Government.
I have, etc.,
James R. Hosmer,
Chargé d’Affaires ad
interim.
[Inclosure in No. 818]
Mr. Hosmer to Señor
Barrutia.
Mr. Minister: Referring to the note addressed
to your excellency by the minister of the United States on the 3d of
April last, in which it is stated that Mr. Concepcion Pinto had
addressed a communication to this legation for information as to 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, I now have the honor to acquaint your excellency that I
am instructed by my Government that it holds that the indicated treaty
provisions relating to peace and friendship were not terminable and have
not been terminated by the notice given by Guatemala in 1873.”
My Government is of the opinion that there is a contradistinction between
those provisions of the treaty annulled by notice from Guatemala which
relate to intercommereial relations and those which relate to peace and
friendship; that the former may be denounced by notice of either of the
high contracting parties to the other, but that the latter are, from
their very essence and nature, as stipulated by the first article of the
treaty and defined by Articles XII and XIII, binding upon both; that the
existing condition of peace between the two countries naturally includes
friendship, mutually reciprocal and equally obligatory upon both
Guatemala and the United States, and that under these circumstances
there can be nothing unfair to Guatemala in treating the provisions
referred to as in force.
Availing myself, etc.,
James R. Hosmer,
Chargé d’Affaires ad
interim.
