I have now to inclose a copy and translation of another circular of the same
character, addressed to the prefects of the departments, and through them to
the judicial administration and military authorities reminding them of their
duties and obligations in the premises.
This circular has been issued in consequence of the affair at Livingston on
the 25th ultimo.
[Inclosure 2 in No,
868.—Translation.]
Circular relative to the conduct to be observed by
the Guatemalan local authorties towards foreigners.
Department of Foreign Relations,
Guatemala, September 13,
1888.
To the prefect (jefe politico) of ——:
The expediency of attracting worthy and industrious emigrants, who having
established their residence and domicil in this country, shall become
examples of morality, order, and of respect for the laws, and promoters
of progress, has on different occasions been the the motive for the
emission of administrative instructions, having for their object the
protection of foreigners, to afford them facilities for extending their
business, fixing their status, and in general terms designating their
rights and duties.
All the guaranties of liberty, property, and security which the
constitution recognizes for the inhabitants of Guatemala are equally
accorded to foreigners who visit our land; and although they do not
exercise the rights of citizenship, they undoubtedly have the right to
claim that the laws and the authorities shall protect their persons,
their business, their industries, and their property.
In the exercise of civil rights, exclusive of political capacity, our
laws make no distinction between Guatemalans and foreigners; familiar
rights are conceded alike to Guatemalans and to foreigners; to both the
right also to acquire and dispose of
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property by lawful titles; the right to inherit
and devise by wills; to both are given free access to the courts; to
both, facile accessibility to the administrative authorities for such
actions as may be incumbent upon them; both have the right to enter into
contracts, with due observance of the prescriptions of the laws; in a
word, natives and foreigners are entitled to the same rights and to the
same protection and enjoyment of tranquillity and to obtain by honorable
industry the conservation and increase of their possessions.
The constitutional precept that the authorities are created to uphold the
inhabitants in the enjoyment of their rights, refers alike to
Guatemalans and to those born abroad who come to reside in our country.
The authorities, therefore, can make no distinction when either appear
before them in demand of their rights, to present their complaints, or
to solicit the protection to which they may be entitled. In the same
manner that facilities are afforded to natives for the establishment and
development of their business and the protection of their persons and
rights, so also, within the limits of the law, should foreigners be
protected against abuse and violence and afforded ample aid in the
protection of their agricultural and industrial enterprises.
It is opportune to remind foreigners that they are not bound to discharge
municipal duties, nor do military service, nor to work personally on the
roads, their obligations in this last respect is limited to the payment
of the corresponding road tax; that the administrative authorities can
demand of them no tax or anything else that the laws do not impose; that
the judicial authorities must afford them prompt and strict justice, and
that those of the military order, although acting as administrative or
civil authorities, are under the obligations to respect them in the same
manner as they must respect the natives of Guatemala.
But, at the same time, articles 13 and 15 of the constitution are to be
borne in mind:
“Foreigners, from the moment they arrive in the territory of the
Republic, are strictly bound to respect the authorities and to observe
the laws, and they are entitled to be protected by them.
“Foreigners are bound to respect the police regulations and orders; to
pay the local imposts and the established taxes upon trade, industry,
professions, property or possession thereof, as also such imposts and
taxes as may be established thereafter, or when those first mentioned
shall have been increased or diminished.”
Our laws therefore afford every kind of guaranties to foreigners, but
concede them no privileges; and if, in conformity with international
law, they recognize favorable distinctions in regard to diplomatic
agents, they establish no odious inequalities against those of foreign
birth who fix their residence among us or who land upon our shores.
The Government of Guatemala, ever inspired by those elevated principles
which tend to facilitate the relations of men of all countries, and
disposed to consider and to respect alike natives and foreigners,
inasmuch as all form a part of the great human family, has at different
times issued strict instructions with the view of better assuring the
security and welfare of such foreigners without distinction of
nationalities.
The President of the Republic, from whom I have received instructions to
the effect, directs, through my medium, that you be reminded of the
contents of the circular of the 29th June, 1886, and to call your
attention to the obligations to give immediate notice to the Government
by telegraph of any difficulties that may arise on account of the
application of the respective laws, to the end that whatever obstacle
exists may be removed and opportune instructions given to whomsoever it
may concern. Above all, the President desires that you inculcate in the
subordinate authorities of your dependency their duty to observe these
instructions, given with a view to avoid international claims and
conflicts, with the assurance that the infractors will be made to feel
the full weight and rigor of the laws.
In thus carrying out the President’s instructions, I subscribe myself,
etc.,
