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., JAMES G. BAILEY. [Inclosure 2.-Translation.] Señor Mendez to Mr. 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. ACCIDENT TO PRESIDENT ROOSEVELT. The President of Guatemala to the President of the United States. [Telegram.-Translation.] GUATEMALA, September 4, 1902. I regret the accident, and am glad that it was not grave. CONVENTION BETWEEN THE UNITED STATES AND GUATEMALA, RELATING TO THE TENURE AND DISPOSITION OF REAL AND PERSONAL PROPERTY. Signed at Guatemala, August 27, 1901. Ratification advised by the Senate, January 30, 1902. Ratified by the President, February 6, 1902. Ratified by Guatemala, September 12, 1902. Ratifications exchanged at Guatemala, September 16, 1902. Proclaimed September 18, 1902. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention between the United States of America and the Republic of Guatemala, relating to the tenure and disposition of real and personal property, was concluded at the City of Guatemala on the 27th day of August, one thousand nine hundred and one, the original of which Convention, being in the English and Spanish languages, is word for word as follows: The United States of America and the Republic of Guatemala, desiring to improve the condition of the citizens of each of the respective countries in relation to the tenure and disposition of real and personal property situated or being within the territories of the other, as well as to authorize the representation of deceased persons by the Consuls of their respective nations in the settlement of estates, have resolved to conclude a convention for those purposes and have named as their Plenipotentiaries: The President of the United States of America the Honorable W. Godfrey Hunter, Envoy Extraordinary and Minister Plenipotentiary of the United States of America in Guatemala; and The President of Guatemala the Licentiate Juan Barrios M., Secretary of State in the Department of Foreign Affairs, Who having exchanged their said full powers, found in due and proper form have agreed to and signed the following articles: ARTICLE I. Where on the death of any person holding real property (or property not personal), within the territories of one of the Contracting Parties, such real property would, by the laws of the land, pass to a citizen of the other, were he not disqualified by the laws of the country where such real property is situated, such citizen shall be allowed a term of three years, in which to sell the same, this term to be reasonably prolonged if circumstances render it necessary, and to withdraw the proceeds thereof, without restraint or interference, and exempt from any succession probate or administrative duties or charges other than those which may be imposed in like cases upon the citizens of the country from which such proceeds may be drawn. ARTICLE II. The citizens of each of the Contracting Parties shall have full power to dispose of their personal property within the territories of the other, by testament, donation, or otherwise; and their heirs, legatees, and donees, being citizens of the other Contracting Party, whether resident or non-resident, shall succeed to their said personal property, and may take possession thereof either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the citizens of the country where the property lies shall be liable to pay in like cases. ARTICLE III. In case of the death of any citizen of the United States of America in Guatemala, or of any citizen of Guatemala in the United States, without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the Nation to which the deceased person belonged of the circumstance in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or creditors, until they are otherwise represented. ARTICLE IV. The present Convention shall come into effect ten days after the day upon which the ratifications are exchanged, and shall remain in force for ten years after such exchange. In case neither of the Contracting Parties shall have given notice to the other, twelve months before the expiration of the said period of ten years, of the intention to terminate the present Convention, it shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall have given such notice. |