The Secretary of State to the American Minister.
Washington, June 2, 1911.
Sir: The department acknowledges the receipt of your dispatch No. 85 of May 10 last, relative to the system of “incomunicación” which prevails in Guatemala, and notes that you were informed by the Guatemalan minister for foreign affairs in a communication dated May 8, 1911, of which you inclose a copy and translation, that “proper instructions have been issued to the proper authorities to permit American citizens who may be arrested in the Republic immediately to apprise their competent consular representative of their detention.” The department also notes that in an interview which you had with the President of Guatemala on May 9 he observed that—
“incomunicación,” which might extend for a period of from 5 to 60 days, was only provided for in the case of very grave accusations; that it would be difficult to entirely abolish it, but that in all other cases there was no objection to Americans under arrest communicating with their diplomatic and consular representatives; and that he would cause a circular in this sense to be issued.
There is apparently a discrepancy between the President’s observations and the communication of the minister of foreign affairs, but it is assumed that the circular to be issued will, in accordance with the promise in the letter, permit all American citizens who may be arrested for any cause immediately to apprise their competent consular representative of their detention. Should the circular, however, not grant this permission as stated in the communication of the minister for foreign affairs, you will bring this matter to the attention of the minister, with a request for the proper modification of the circular in accordance with the terms of his communication to you.
You will also endeavor discreetly to expedite the issue of this circular and request to be furnished with a copy of it for the guidance of our consular officers and the exact information of the department.
I am, etc.,