814.00/423: Telegram

The Minister in Guatemala (McMillin) to the Secretary of State

71. At 8 o’clock tonight Minister of Foreign Affairs Cabreras Government and representatives of new Government agreed on following terms of surrender of President Cabrera:

“Enrique Haeussler, Canuto Castillo, and Manuel Echeverría y Vidaurre, representatives of the Government of Estrada, Cabrera on the one hand and Marcial Manilla García Salas, José Ernesto Zelaya and Manuel Valladares, representatives of the Government of Carlos Herrera, and Saturnino González, José Azmitia, Francisco Rodríguez and J. Demetrio Avila, representing the Unionist Party, have agreed to the following:

1.
That Dr. Estrada Cabrera capitulate absolutely and deliver himself to the Government of Carlos Herrera which will take him and place him in the Military Academy.
2.
That Estrada Cabrera shall be taken from his residence in La Palma to said place accompanied by the honorable members of the diplomatic corps for his personal safety and on the petition of the Minister of Foreign Affairs. Besides there will go six members of the Cabinet of Señor Herrera, six representatives of the Unionist Party and six chiefs of the Government of Señor Herrera. Señor Cabrera may take with him his military aids.
3.
The Government of Señor Herrera and the Unionist Party guarantee the life of Señor Cabrera, of his family and of the persons of his suite according to a list drawn by the Government of Señor Herrera. All those persons will be placed with Señor Cabrera in the Military Academy.
4.
These guarantees will be signed before the honorable diplomatic corps.
5.
The Government of Herrera with respect to the effects of Señor Cabrera will give them full legal guarantees.
6.
This agreement will be signed both by Estrada Cabrera and by Carlos Herrera.
7.
The [delegates,] Salas, Zelaya and Valladares agree as well to the capitulation.[”]

Various propositions were considered for the taking asylum in a Legation or leaving country. To all these Unionists replied that the only way they could save him from mob violence and death in present inflamed state of public was to keep him temporarily a prisoner guarded by the Army. [Fearing] death by mob between home and Military Academy, Cabrera insisted that American Minister accompany him. This resulted in entire diplomatic corps agreeing to do so. The transfer will occur tomorrow morning. Please repeat to Directors of Military and Naval Intelligence.

McMillin