837.00/2977: Telegram

The Ambassador in Cuba (Guggenheim) to the Secretary of State

38. Department’s telegram No. 27, February 7, 7 p.m. Such limited investigation as nature of Department’s inquiry permits seems to justify conclusion that as regards rights of individuals the Government has not exceeded powers derived from reasonable interpretation of constitutional provisions and law of public order of 1870 which is in effect during suspension of constitutional guarantees. No bona [Page 48]fide case involving excesses of authority of the kinds enumerated in the Department’s telegram have been brought to the attention of the Embassy.

It is true that many persons have been detained for more than 10 days without their cases having been determined by the courts, but responsibility for delays apparently rests with the courts which are not required to take definitive action with reference to release or formal commitment within any specified time. I shall forward by mail a memorandum on this point.

It is also true that courts have in many cases refused to grant writs of habeas corpus, throwing out applications therefor on technical grounds.

Guggenheim