Office of the Historian

File No. 814.0441/5.

The American Minister to the Secretary of State.

American Legation,
Guatemala, May 27, 1911.
No. 96.]

Sir: With reference to my dispatch No. 85 of the 10th instant relative to the system of “incomunicación” I have the honor to transmit herewith a copy, accompanied by translation, of a note which I have received from the minister for foreign affairs incorporating instructions issued by the minister for government and justice to the departmental governors and judges of first instance, to permit American citizens under arrest in this Republic to communicate freely with their diplomatic or consular representative or with any other person, excepting only those in cases where the laws in force specifically forbid such intercourse.

I have transmitted copies of the foreign minister’s note to the consul general for the information and guidance of himself and of the American consular agents in Guatemala with the request to report promptly any failure of the local authorities to comply with the instructions of the minister of government and justice.

I have, etc.,

R. S. Reynolds Hitt.
[Page 278]
[Inclosure.]

The Minister for Foreign Affairs, to the American Minister.

[Translation.]
Foreign Office,
Guatemala, May 24, 1911.

Mr. Minister: In compliance with the request of your excellency, I have the honor to communicate to you the text of the circular telegram which the minister of government and justice addressed to the authorities, which reads textually as follows:

Guatemala, May 23, 1911.

To the governors and judges of first instance:

Pursuant to a resolution of the Government of the Republic, I recommend that in the future, and excepting only those cases which would be opposed by definite laws on the matter, to permit Americans under arrest to hold communication as often as they desire with their diplomatic or consular representative or any other person.

I avail [etc.],

Luis Toledo Herrarte.