Mr. Hunter to Mr.
Hay.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, December 19,
1900.
No. 481.]
Sir: I have the honor to inclose herewith
copies of a correspondence I have recently had with the minister of
foreign affairs, to which I beg to direct your attention.
It seems that Mr. P. A. Bruni, our consular agent at Champerico, having
been summoned to appear in court at Retainuleu to testify in some case,
wrote back to the judge, saying that while he was willing to come to the
court, yet he only did so out of pure good nature, as he considered that
his official character freed him from any obligation to obey court
summonses.
The minister objects to this attitude on the part of the agent, and
requests me to persuade him “to modify his ideas in this respect,” which
I have done by means of a letter to Consul-General McNally, a copy of
which is hereto attached.
Inasmuch as there is no consular convention between the United States and
Guatemala, I would request the Department to advise me what course to
pursue in these and similar cases.
I have, etc.,
[Inclosure
1.—Translation.]
Mr. Barrios to
Mr. Hunter.
Guatemala, December 4,
1900.
Mr. Minister: Mr. P. A. Bruni, United
States consular agent at Champerico, has been summoned to attend a
trial in the criminal court of Retalhuleu; and although this
gentleman in a note manifested his willingness to attend court, yet
he also stated that he did so out of pure good nature, as he
considered that by virtue of the official character with which he
was invested he was not obliged to respond to such summonses.
This declaration, made by the consular agent referred to, compels me
to request your excellency to take cognizance of the case, because
my Government is not disposed to tolerate proceedings which are in
any way contrary to what is laid down by the laws of nations.
In effect, your excellency knows better than I that the members of
the consular corps do not enjoy in any country in the world any
special rights which place them outside the jurisdiction of the laws
of the place where they exercise their functions, but that, like all
the inhabitants, they are subject to the authority and protection of
the said laws.
I would request your excellency, if it will not give you trouble,
that your honorable legation will give Mr. Bruni a friendly warning,
to the end that he may modify his ideas in this respect in case
there may be summonses in the future.
I cherish the hope that your excellency, seeing through the reasons
which this office holds, may be pleased to agree to the foregoing
and will accept, etc.,
[Page 704]
[Inclosure 2.]
Mr. Hunter to
Mr. Barrios.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, December 18,
1900.
Sir: I am in receipt of your excellency’s
note of the 4th instant informing me that Mr. P. A. Bruni, United
States consular agent at Champerico, having been summoned to appear
to testify in a court of justice, stated that while he was willing
to do so to assist the ends of justice, yet that it was out of pure
good nature on his part, for that owing to his official position he
was not obliged to attend court if he did not wish to.
Your excellency objects to this attitude on the part of Mr. Bruni,
and requests me to warn him to modify his ideas in this respect.
In reply I have to remind your excellency that there is no consular
convention existing between the United States and Guatemala, and
such a case may therefore fairly be judged by the treaties on the
subject existing between nations.
I am unable to agree with your excellency that “members of the
consular corps do not enjoy in any country in the world any special
rights which place them outside the jurisdiction of the laws of the
place where they exercise their functions,” for, on examining the
consular conventions which the United States has with the different
nations of the world, I find that in a few countries, such as China
and Turkey, consuls have complete extraterritorial rights, and in
many countries (France, Holland, and a number of others) they have
the right to have their testimony in judicial cases taken at their
consulate, in some cases even at their dwellings.
These privileges, however, I am willing to admit, are generally
confined to consuls by profession, consules missi, sent out by and
citizens of the country they represent, and do not extend to
consular officers who carry On business or have their domicile in
the country where they exercise their consular functions, and who
are not citizens of the country they represent.
Consequently I am of your excellency’s opinion that neither Mr. Bruni
nor any other consular officer in his category is justified in
assuming the attitude he has; although I am likewise of the opinion
that some consideration should be shown such consular officer in the
event of a summons to attend court interfering with his consular
duties, especially when the court is located at some distance from
his post, and that his absence at such a time would cause loss or
injury to business interests, as might frequently happen.
In the case, however, of a salaried consul, a citizen of the United
States, who is here solely as consul, and who carries on no business
or trade, I should certainly be inclined to claim for him the right
to insist that testimony in judicial cases be taken at his
consulate, in accordance with the terms of most of the consular
conventions which exist between the United States and other
countries.
I shall take occasion to convey to the United States consul-general
in this city my views as stated above, and shall also refer the
matter to my Government for its opinion.
I seize, etc.,
[Inclosure 3.]
Mr. Hunter to
Mr. McNally, U. S. Consul-General
at Guatemala.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, December 18,
1900.
Sir: I have to inform you that I am in
receipt of a note from the minister of foreign affairs, dated the
4th instant, informing me that Mr. P. A. Bruni, our consular agent
at Champerico, having been summoned the other day to appear in court
at Retalhuleu in connection with some judicial proceedings, wrote a
letter to the judge saying that, while he was willing to go to the
court, yet he only did so out of pure good nature, as he considered
that his office of consular agent freed him from the obligation to
obey court summonses.
The minister, in his note, protests against this attitude and
requests me to “give Mr. Bruni a friendly warning, to the end that
he may modify his ideas in this respect.”
[Page 705]
I inclose therefore for your information a copy and translation of
the minister’s note above referred-to, also a copy of my reply, and
would suggest to you to caution your agents against claiming more
privileges than they can support their right to.
Meanwhile I had referred the matter to the Department of State for
their opinion.
I am, etc.,
