No. 373.] Mr. Hay to Mr. Bailey. DEPARTMENT OF STATE, SIR: Referring to instruction No. 365, of April 10 last, to Mr. Hunter, in relation to the new arrangement that the council of foreign Fondholders in London was seeking to make with the Government of Guatemala respecting the foreign debt of Guatemala, I have now to instruct you to report to the Department the correspondence between the legation and the Guatemalan Government in pursuance of said instruction. I am, etc., JOHN HAY. No. 645.] Mr. Bailey to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to transmit herewith inclosed, for the information of the Department, extract and translation of same which appeared in the Diario de Centro America, an official organ of this Government, on the 22d instant, giving a list of individual foreign claims that have recently been paid. Very reliable information discloses the fact that collective coercive pressure was resorted to by the respective diplomatic representatives here of England, France, Germany, and Belgium in order to bring about the payment of said claims. It appears that they as a body notified this Government that if arrangements were not made to satisfy their respective creditors on a specific date a man-of-war would take possession of each of the principal ports of the Republic of Guatemala. Although I had previously advised this Government of the attitude of the United States Government in the matter, as instructed in Department's No. 365 of April 10 last, no arrangement has yet been made to meet the just demands of American creditors. I recently, however, responded to a call from the minister of foreign affairs for a private conference, at which he expressed a very high appreciation for the friendly attitude of the Government of the United States respecting the adjustment of the Guatemalan foreign debt, and said that it is not the intention of this Government to discriminate between foreign creditors and especially against those of a friendly nation that had always demonstrated a spirit of leniency in the matter, and that the Government of Guatemala would try and satisfy the American creditors at an early date. I have, etc., JAMES G. BAILEY, Chargé d'Affairs ad interim. [Inclosure.-Translation.] List of the individual foreign claims that have been paid through their diplomatic representatives, and the amount of each draft given by the Government of Guatemala in payment of said claims, in the order indicated below. THE MINISTER OF FRANCE, HIS EXCELLENCY POURTALES GORGIER. THE MINISTER OF GERMANY, HIS EXCELLENCY DR. A. VON VOIGTS RHETZ. THE CHARGÉ D'AFFAIRES OF ENGLAND, HON. RALPH PAGET. THE CHARGE D'AFFAIRES OF BELGIUM, HON. JOSÉ WOLTERS. No. 646.] Mr. Bailey to Mr. Hay. LEGATION OF THE UNITED STATES, Guatemala, July 30, 1902. SIR: In compliance with Department's instruction No. 373, of the 3d instant, respecting the adjustment of the foreign debt of Guatemala, I have the honor to transmit herewith inclosed copy of the correspondence between this legation and the Guatemalan Government relative to the matter, as follows: Copy of my note to the minister of foreign affairs; reply thereto by the subsecretary of foreign affairs and translation of same; supplementary reply by the minister of foreign affairs and translation of same. I have, etc., JAMES G. BAILEY. [Inclosure 1.] Mr. Bailey to Guatemalan minister of foreign affairs. LEGATION OF THE UNITED STATES, SIR: I have the honor to inform your excellency that I have received a note from the Department of State at Washington, instructing me to advise the Government of your exellency that, while the Government of the United States is indisposed to join in any collective act with foreign powers which might have the aspect of coercive pressure upon the Government of Guatemala respecting the payment of its foreign debt, it would reserve for its citizens equal benefits with those which might be obtained for creditors of any other nationality in the adjustment of said debt. I embrace the opportunity to renew, etc., [Inclosure 2.-Translation.] Señor Mendez to Mr. Bailey. JAMES G. BAILEY. MINISTRY OF FOREIGN AFFAIRS, HONORABLE SIR: I have the honor to acknowledge the receipt of your esteemed favor of the 6th instant, in which you inform me that you have been instructed by the Government of the United States to notify this Government that it refuses to unite with the other powers, collectively, against the Republic of Guatemala in the execution of acts having a semblance of coercion for the payment of its foreign debt. I thank you for having imparted to me the views and intentions of the distinguished Government which you so worthily represent, and am pleased to reassure you of my highest respect, etc. JOAQUIN MENDEZ, Subsecretary. [Inclosure 3.-Translation.] Mr. Barrios to Mr. Bailey. MINISTRY OF FOREIGN AFFAIRS, HONORABLE SIR: Referring to the esteemed note of your excellency addressed to this office on the 6th ultimo, and adding to the reply to said note sent to your legation on the 12th ultimo, I now have the honor to manifest to your excellency that the Government of Guatemala willingly assents to the reservation which the Government of the United States makes of its right to claim for American creditors benefits equal to those that may be acquired by the citizens of other countries in the adjustment of the foreign debt of the Republic of Guatemala, the Government which I represent being in duty bound to accept such reservation in recognition of the friendly attitude which the United States has always assumed toward Guatemala. With assurances, etc. JUAN BARRIOS, M. CONVENTION BETWEEN THE UNITED STATES AND GUATEMALA FOR THE RECIPROCAL PROTECTION OF TRADE-MARKS AND TRADE LABELS. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, A PROCLAMATION. Whereas a Convention between the United States of America and Guatemala providing for the reciprocal protection of Trade-Marks and Trade-Labels, was concluded and signed by their respective Plenipotentiaries at Guatemala City on the fifteenth day of April, one thousand nine hundred and one, the original of which Convention, being in the English and Spanish languages is word for word as follows: With a view to secure for the manufacturers of the United States of America, and those in the Republic of Guatemala, the reciprocal protection of their Trade-Marks and Trade-Labels, the Undersigned, duly authorized to that effect, have agreed on the following dispositions: ARTICLE I. The citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as belong to native citizens, in everything relating to Trade-Marks and TradeLabels of every kind. Provided, always, that in the United States the citizens of Guatemala, and in Guatemala, the citizens of the United States of America, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country. ARTICLE II. Any person in either country desiring protection of his Trade-Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof. ARTICLE III. This arrangement shall go into effect immediately on or after the exchange of the ratifications and shall be in force until a year after it has been recalled by one or the other of the two High Parties. ARTICLE IV. The present convention shall be ratified by the President of the United States by and with the consent of the Senate thereof and by the President of the Republic of Guatemala, and the ratifications shall be exchanged at Guatemala as soon as may be within twelve months from the date hereof. In witness whereof the Undersigned have signed the present convention and have affixed thereto the seal of their arms, in Guatemala the fifteenth day of April of one thousand nine hundred and one. W. GODFREY HUNTER [SEAL.] JUAN BARRIOS M. [SEAL.] And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of Guatemala, on the third day of April, one thousand nine hundred and two; Now therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Done at the City of Washington, this eleventh day of April, in the year of our Lord one thousand nine hundred and two, and of the Independence of the United States, the one hundred and twenty-sixth. [SEAL.] By the President: DAVID J. HILL, Acting Secretary of State. THEODORE ROOSEVELT. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSU No. 644.] LAR OFFICIALS. Mr. Bailey to Mr. Hay. LEGATION OF THE UNITED STATES, Guatemala and Honduras, Guatemala, June 5, 1902. SIR: I have the honor to confirm the Department's cablegram" of May 24, 1902. Permission has been granted in accordance with the request made in the above cable by the Governments of Guatemala and Honduras. I have notified United States consuls. I have, etc., JAMES G. BAILEY. a Printed, p. 6. |