He advised me that Article II of the convention of April 1, 1895, between
Mexico and Guatemala having provided for the appointment of an
arbitrator to pass upon the claims of Mexican citizens, he had, after
full conference with minister Mariscal, selected Mr. Matt. W. Ransom,
United States minister in Mexico, as such arbitrator, a selection
concurred in by Mr. Mariscal. Señor de Leon then requested me upon
receipt of the note of invitation from his legation to forward same to
Mr. Ransom.
This I have the pleasure to do, under cover of this dispatch inclosing
the said note in English and Spanish text, in original, also copies of
the same, for transmission through your kindness.
Although in the said note Mr. Mariscal appears to be a party to the
appointment made, this legation had at the time of closing this dispatch
received no note or advice whatever in the matter from Minister
Mariscal.
[Inclosure in No.
48.—Translation.]
Mr. de Leon to
Mr. Ransom.
Legation of Guatemala in Mexico,
Mexico, August 17, 1895.
Mr. Minister: In the month of September,
1882, a boundary treaty was concluded between the Governments of
Guatemala and Mexico, determining the principal points to be
followed by the respective commissions of engineers appointed under
that treaty for the definite delimitation of the frontier of both
countries.
Unforeseen difficulties, sometimes interposed by Gautemala and
sometimes by Mexico, prevented the demarcation and erection of the
landmarks on the whole of the line in the time agreed upon.
It would be tedious and unnecessary to refer in detail to the cause
of those difficulties. The fact is, and it has been so understood
and held by my Government, that pending the fulfillment of that
which had been determined in that convention, both Governments, in
compliance with the bases of August 12, 1882, which had served as
preliminaries, were required to respect the ownership which until
then each Government would have exercised in its territory, although
it might pass over to the dominion of the other by virtue of that
treaty when consummated. Pending the fulfillment and execution of
this, the Government of Mexico, interpreting the treaty in a
different manner, held that from the date that the treaty was signed
it obtained the right to perform acts of dominion on territory that
was subsequently to belong
[Page 992]
to it, and granted sundry licenses to lumbermen to establish their
chases (palaces where the lumber is cut) on territory which
Guatemala considered as belonging to it, pending the demarcation of
the boundary.
When my Government learned that the Government of Mexico had, in
violation of what was agreed upon, expressly issued such licenses,
the authorities of the Guatamalan frontier ordered those who were
illegally felling its woods to remove. The lumbermen, believing
themselves ill treated, appealed to the Government of Mexico, asking
protection and aid, as it had authorized them to commit such acts;
and this was the origin and cause of the last claims by Mexico,
which terminated with the convention of April 1.
An exact history of the reasons which each Government advanced in its
behalf appears in the respective pamphlets printed by each, and
copies of which I have the honor to herewith transmit to your
excellency.
The Government of Guatemala which, from the beginning, did nothing
but uphold its legitimate and indisputable rights, desired to give a
fresh proof of its good intentions to maintain cordial relations
with the Mexican nation, and, demonstrating the greatest prudence
and good sense to the civilized nations of the world, entered into
conciliating and equitable arrangements that assured the peace and
tranquillity of both nations, putting an end to small differences
which should never be an obstacle to their aggrandizement and
prosperity. That tendency found its fulfillment in the convention,
already mentioned, of April 1, wherein it was provided in the last
section of article 2 that the Government of Guatemala, from fairness
and for the sake of harmony, should indemnify those who claimed to
have suffered direct injury from such expulsion, in accordance with
the amount determined by an arbitrator named by both
Governments.
The matter having reached the stage of fixing the amount of the
indemnity, in order to definitely fulfill and execute the provisions
of the convention, and bearing in mind the honorable position and
distinguished characteristics of your excellency, as well as the
marked tokens of cordial friendship and sympathy which the
Government that you so worthily represent extends to the Government
and people of Guatemala, the latter has not hesitated a moment to
submit for decision by your excellency the amount of the indemnity
which is to satisfy those claiming damages, fully persuaded that
your excellency’s award will be the highest expression of justice
and of the most perfect impartiality.
I therefore invite your excellency, in my own name and in that of the
Government which I have the honor to represent, to accept the
designation, which in the person of your excellency we have made, in
common accord with the minister of foreign relations, to assume the
office of arbitrator for the above-named purpose.
We have agreed, too, with his excellency, the minister of foreign
affairs of Mexico, that we will draw up an additional or
supplemental protocol of the convention of April 1 in question,
designating therein the rules and limits to be observed by the
arbitrator before rendering his definite decision, and of which I
will have the honor to advise you in due time.
Renewing to your excellency the desire expressed for you to accept
the nomination made in your name, it is the greatest satisfaction to
me to tender you the homages of my very distinguished
consideration.
