Office of the Historian

No. 115.
Mr. Hosmer to Mr. Bayard.

Legation of the United States in Central America,
Guatemala, June 21, 1888. (Received July 9.)
No. 823.]

Sir: Referring to my No. 818, of the 9th instant, in which I inclosed to you a copy of my note to the minister for foreign affairs of Guatemala, imparting to him your views in respect to the provision of peace and friendship in the annulled treaty of 1849, I now have the honor to inclose to you a translated copy of Minister Barrutia’s reply to my note, received by me June 13, although bearing date on the 9th instant, in which lie concurs in the views I expressed in accordance with your instructions.

I have, etc.,

James R. Hosmer,
Chargé d’Affaires ad interim.
[Page 159]
[Inclosure in No. 823.—Translation.]

Señor Barrutia to Mr. Hosmer.

Guatemala, June 9, 1888.

Sir: Referring to your esteemed communication of the 6th instant, in which you rshow me that your Government holds that the contract celebrated the 3d of March, 1849, is not terminable in relation to peace and friendship, I have the honor to state that—the articles of that agreement being based on the general principles of popular rights—it is evident that the prescriptions can not be denied in any civilized country of the earth; and so it is, as you, sir, know very well, the stipulations of which I am speaking are to be completely observed, although no treaty exists which would establish them; I do not say only among nations which are of the same kind of Government and profess a sincere friendship as it is between Guatemala and the United States, but even amongst nations which have not these circumstances.

We are, therefore, perfectly in accord on this point, and for the reasons expressed, the convention (treaty), except as regards the stipulations of a terminable character which it contains, can not be considered as having terminated.

I approve, etc.,

Salvador Barrutia.