Minister Combs to the Secretary of State.

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.,

Leslie Combs.
[Inclosure 1.—Translation.]

The Minister for Foreign Affairs to Minister Combs.

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.,

Juan Barrios M.
[Inclosure 2.]

Minister Combs to the Minister for Foreign Affairs.

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.,

Leslie Combs.
[Inclosure 3.—Translation.]

The Fourth Judge of the First Instance to the American Consul-General.

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.,

Eliseo Solis.