File No. 814.0441/1.
The Secretary of State to the American Minister.
Washington , April 17, 1911 .
Sir: Referring to Mr. Sands’s Nos. 203 and 212, of September 15 and 28 last, respectively, you are hereby instructed to say to President Cabrera that the United States Government would greatly appreciate the modification of the system of “incomunicación” which prevails in Guatemala, so far as to permit the American citizens tinder arrest to communicate freely with their diplomatic and consular representatives.
You will state that, as the department is advised, the denial of this right in the past has necessarily worked hardship to American citizens, a recent instance of which is to be found in the arrest through a mistake of Thomas J. McCullough, reported by the consul general at Guatemala City on November 5 last to both the department and the legation. It appears that Mr. McCullough was refused permission to communicate with the consulate general, and only through his good fortune in smuggling out a note * * * did he establish such communication and thus secure his release after the consul general had demonstrated to the authorities that Mr. McCullough was absolutely innocent of any offense against the laws of Guatemala.
You will in this connection refer cautiously to the tendency of the times toward a lessening of the stringency of the laws of “incomunicación,” as evidenced in the action of the Mexican Government which, on July 22 last, issued a circular to the governors of the several States, recommending them to instruct the judges, as a general rule, that accused persons under arrest be allowed to communicate either orally or in writing with other persons; and in case they are foreigners, preferably with the diplomatic or consular representatives of their country, and that in general their annoyances and privations be reduced to those which are inevitable.
You will intimate to the President that the United States Government confidently believes that the Government of Guatemala will not desire to be less liberal in its treatment of foreigners than is that of Mexico.
I am, etc.,