Chargé Brown to the
Secretary of State.
American Legation,
Guatemala and Honduras,
Guatemala, June
27, 1905.
No. 285.]
Sir: Referring to Mr. Combs’s Nos. 241 and 245
of February 8 and 15 last concerning the rights of Consul-General
Winslow before the courts of Guatemala, as involved in his complaint
against Judge Solis, I have the honor to submit herewith copies of
further correspondence on the same subject.
This second discourtesy of Judge Solis in Ignoring Mr. Winslow’s inquiry
concerning the imprisonment of the American citizen Raymond I interpret
as deliberate and intended.
* * * * * * *
While I have therefore felt obliged to regard the attitude of Judge Solis
as purely individual, I considered the dignity and rights of our
consular representatives required an assurance from this government that
his attitude is discountenanced and that American officials shall
receive the recognition due them from the judicial authorities.
Though no definite statement has as yet been received from this
government I desire to inform the Department of what has taken place in
case a different line of action should be thought advisable.
I have, etc.,
[Inclosure 1.]
Chargé Brown to
the Minister for Foreign
Affairs.
American Legation,
Guatemala and
Honduras,
Guatemala, June 7,
1905.
Mr. Minister: I have the honor to transmit
herewith a copy of a note addressed by the United States
consul-general to the fourth judge of the first instance, requesting
information concerning an American named Joseph M. Raymond, who is
under arrest in the penitentiary. This note, as your excellency will
observe, was sent May 27 last and as yet, after the lapse of ten
days, no reply has been received by the consul-general.
As the case would seem to be one of the instances recognized by your
excellency in your interview with Minister Combs on February 10 last
as proper ones for courteous inquiry on
[Page 523]
the part of the United States consul-general
and for a courteous reply from the judge concerned, I feel confident
that upon investigation by your excellency the desired reply will be
furnished in due form with an adequate explanation of the
incident.
With renewed assurances, etc.,
[Subinclosure.—Translation.]
Consul-General Winslow to the Fourth Judge of
First Instance.
American Consulate-General,
Guatemala City, May
27, 1905.
Sir: I am informed that an American, by
name Joseph M. Raymond, has been taken to the penitentiary and is
under your jurisdiction.
Please have the kindess to inform me, as soon as possible, what is
the charge made against said prisoner and when he will be tried.
I am, etc.,
[Inclosure
2.—Translation.]
The Minister for Foreign
Affairs to Chargé Brown.
Honorable Sir: I have the honor of making
known to you that I have communicated to the minister of government,
soliciting that he obtain from the proper authority the information
about the imprisonment of the American Joseph M. Raymond, which you
asked for in your esteemed note of the 7th instant.
Renewing, etc.,
[Inclosure 3.]
Chargé Brown to
the Minister for Foreign
Affairs.
American Legation,
Guatemala and
Honduras,
Guatemala, June 22,
1905.
Mr. Minister: Referring to my note of the
7th instant, concerning the failure of Judge Solis to reply to the
inquiry of Consul-General Winslow in regard to the imprisonment of
an American citizen, J. M. Raymond, I beg to express my sincere
regrets that no reply in satisfaction of the incident has as yet
been received. Neither has Mr. Winslow, after a lapse of nearly four
weeks, received even an acknowledgement from Judge Solis.
The question here involved seems to me too important to admit of
delay. At any moment the consul-general in the performance of his
duties may be called upon to make inquiries concerning Americans in
prison.
I do not understand that Judge Solis is authorized to define or
modify the attitude of your excellency’s government in such matters.
In view of the satisfactory understanding reached between yourself
and Minister Combs in the conferences of February 10 and 18 last
over a similar incident with Judge Solis it is difficult to
understand his failure to reply to Mr. Wins-low’s courteous inquiry
in any other light than as an intended discourtesy, to express it
mildly. The question, therefore, of obtaining the information
desired, though of vital importance, is overshadowed at present by
the nonrecognition by Judge Solis of the right claimed by my
government for its representatives to make courteous inquiries of
the courts and to receive replies in a similar spirit.
I earnestly request of your excellency’s government the early
assurance that the attitude of Judge Solis is discountenanced and
that in the future consular representatives of the United States
shall not fail to receive the recognition due them from the judicial
authorities.
With renewed assurances, etc.,
