File No. 817.00/2138.
The Secretary of State to
the American Minister.
No. 64.]
Department of State,
Washington,
November 13, 1912.
Sir: I enclose herewith for your information
copies of two letters from the Acting Secretary of War and a copy of the
Department’s letter in reply thereto, regarding the detention of General
Mena in the Canal Zone and his application for a writ of habeas
corpus.
I am [etc.]
[Inclosure 1.]
The Acting Secretary of
War to the Secretary of
State.
War Department,
Washington,
November 4, 1912.
Sir: The Department is in receipt of a
cablegram from the Chairman and Chief Engineer of the Isthmian Canal
Commission, under date of 2d instant, of the following tenor:
General Mena has applied for writ of habeas corpus, Canal
Zone courts, to be heard Wednesday. Counsel for Commission
advises that court will probably grant the writ, and that,
unless instructed to contrary, I will have to comply with
the order of the court. Advise.
If you will kindly advise me of the views and wishes of your
Department I shall be pleased to transmit them to the chairman for
his information and guidance.
Very Respectfully,
[Inclosure 2.]
The Acting Secretary of
War to the Secretary of
State.
War Department,
Washington,
November 5, 1912.
Sir: With reference to my letter of
yesterday’s date, regarding the application of General Mena for writ
of habeas corpus, I now have the honor to transmit for your
information the following cablegram which has this afternoon been
sent to the chairman of the Isthmian Canal Commission:
Replying to your cablegram second instant, your law officer
will of course do all he can to defeat the writ. Should the
court order release he will give the order its proper
effect, and should Mena remain on the Canal Zone report any
action upon his part which would justify his being taken
again into custody under the provisions of section fourteen
of the Penal Code of the United States; should Mena leave
the Canal Zone or Panama, report the fact and his
destination.
Very respectfully,
[Inclosure 3.]
The Acting Secretary of
State to the Secretary of
War.
Department of State,
Washington,
November 8, 1912.
Sir: I have the honor to acknowledge the
receipt of your two letters dated November 4th and 5th,
respectively, regarding the application of General Mena for a writ
of habeas corpus, which was to be heard on the 6th instant in the
Canal Zone Court.
[Page 1066]
I note the telegraphic instructions which you have sent to the
chairman of the Isthmian Canal Commission after a discussion between
the Judge Advocate General and the Solicitor of this Department, and
have the honor to express this Department’s approval thereof.
After investigation the Department has become of the opinion that,
although it would be desirable to have Mena remain in the Canal Zone
or in Panama, his departure therefrom would no longer constitute a
serious menace to the people of Nicaragua. The Department, however,
is glad that you have instructed the authorities of the Canal Zone
to report Mena’s destination should he leave the Zone or Panama.
I have [etc.]
