Mr. Wharton to Mr. Mizner.

[Telegram.]

Mr. Wharton acknowledges the receipt of Mr. Mizner’s telegram of the 1st instant, and informs him that he was instructed on the 30th of August that Barrundia entered the jurisdiction of Guatemala at his own risk, and it was for the Guatemalan authorities to assume jurisdiction at their own responsibility and risk; that the Department regretted his having advised or consented to the surrender, particularly as violation of the ordinary laws of Guatemala was not charged, and as the only allegation was that he was to be treated as an enemy under martial law.