Chargé Brown to the Secretary of State.

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.,

Philip Brown.
[Inclosure 1.]

Chargé Brown to the Minister for Foreign Affairs.

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.,

Philip Brown.
[Subinclosure.—Translation.]

Consul-General Winslow to the Fourth Judge of First Instance.

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.,

Alfred A. Winslow.
[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.,

Juan Barrios M.
[Inclosure 3.]

Chargé Brown to the Minister for Foreign Affairs.

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.,

Philip Brown.