Minister Combs to
the Secretary of State.
American Legation,
Guatemala and Honduras,
Guatemala, February 15, 1905.
No. 245.]
Sir: I have the honor to submit the remainder
of the correspondence between the American consul-general and myself
regarding a difference between him and a local judge as to the extent of
the rights and duties of his official position.
* * * * * * *
I have, etc.,
[Inclosure
1.—Translation.]
The Minister for Foreign
Affairs to Minister Combs.
Department of State,
Republic of Guatemala, Central
America,
Guatemala, February 10,
1905.
Mr. Minister: I have the honor to reply to
your excellency’s esteemed note of the 6th instant, in which you
were pleased to make known to me that the fourth judge of the first
instance had violated official and social courtesy in the course of
an investigation that at the request of your excellency the American
consul-general was making before that functionary.
[Page 520]
In reply, I make known to your excellency that I have the
satisfaction of considering this incident terminated with the
apology given by Judge Solis—an explanation that repairs the
infraction of the courtesy referred to by the consul.
Taking the liberty of believing that your excellency will think
likewise,
I renew, etc.,
[Inclosure 2.]
Minister Combs
to the Minister for Foreign
Affairs.
American Legation,
Guatemala and
Honduras,
Guatemala, February 13,
1905.
Mr. Minister: I acknowledge the receipt of
your excellency’s note of the 10th instant expressing your
excellency’s pleasure that a satisfactory conclusion of the
complaint preferred by this legation against Mr. Eliseo Solis,
fourth judge of the first instance, for discourtesy shown by him to
the American consul-general had been reached.
I regret I can not regard either the note sent by Judge Solis to the
American consul-general or the one I now acknowledge as
satisfactory, conclusive, or in accord with what I understood to be
the purpose of your excellency’s government when we parted Friday
afternoon, the 10th instant, after a full discussion of the points
involved, in which no material difference of opinion appeared.
I avail, etc.,
[Inclosure
3.—Translation.]
The Fourth Judge of the First
Instance to the American
Consul-General.
Fourth Court of First Instance,
Guatemala, February 9, 1905.
Mr. Consul-General of the United States of the
North: I had the honor to receive your two dispatches and
two extracts of the regulations issued by the Government of North
America, regarding both the duties of the consuls of that country
toward North American citizens when these are under the jurisdiction
of the local authorities on account of criminal matters.
I feel very sorry to be unable to satisfy your wishes—that is to say,
to give you the details you ask in one of your dispatches—regarding
the suit against Messrs. Joseph F. Darling and Juan Fisher. This is
not possible, because, as I told you verbally and courteously, the
summary proceedings are always secret and because the regulations
already mentioned bind the consuls of North America but have nothing
to do with the duties of the authorities of other countries; and as
the laws of Guatemala do not authorize the intervention of consuls
in judicial proceedings on criminal matters my court must consider
your action in the case of Darling and Fisher as that of a private
individual, chiefly because it is notorious that there is in this
capital a minister of North America to the Government of Guatemala,
and, finally, because if you have any special commission either from
the minister of North America or from the Government of Washington,
my court is not informed of it, and your action has not been taken
through the corresponding way.
I have also the pleasure to explain to you that the closed envelopes
you sent with your clerk, requesting a receipt, were not received
because at that time the clerk of the court, who is appointed by law
to receive written petitions, was not present in his office and the
undersigned was attending other urgent business, which circumstance
I regret deeply, because it could interfere with the friendly wishes
of Mr. Consul.
I am, etc.,
