File No. 815.04412/1
The Secretary of State to Chargé Spencer
Washington, June 17, 1916.
Sir: Your attention is called to despatch No. 68, of May 12, 1916, from the American Consul at Puerto Cortés, advising the Department of the passing of a new law in Honduras relative to arson. From this despatch it appears that, under a recent law of Honduras, the fact that property which may be destroyed by fire is insured creates a presumption, in the application of the criminal law, that the owner of the property is guilty of arson and that he must demonstrate his innocence; further, it appears that arson is not a bailable offense under Honduras criminal law. The enforcement of this law in its possible rigors against an American citizen in Honduras would doubtless provoke the diplomatic intervention of this Government against such action as constituting a deprivation of the right of an American citizen to orderly justice and as involving a denial or miscarriage of justice. The Department would hardly remain inactive if the property of an American citizen in Honduras, upon [Page 394] which there was insurance, happened to be destroyed by fire and the owner should be thrust into jail, denied bail and be held guilty of the crime of arson solely because the property was insured, and in the absence of those circumstances or signs of guilt which, in civilized jurisdictions, are required to justify a presumption of guilt.
The Department desires that you report promptly any instance of attempted application of this law to an American citizen, together with the circumstances of the case, for explicit instructions from the Department.
I am [etc.]
[Note.—A similar instruction was sent to the American Consul at Puerto Cortés, No. 34, June 19, 1916.]