823.30/104a: Telegram
The Acting Secretary of State to the Chargé in Peru (Mayer)
103. The Department desires that you should avail yourself of an early opportunity to obtain a definite indication of the action which the de facto authorities propose to take with regard to Grow and Sutton.
[Page 744]In Sutton’s case the Department would like to know what is the basis for the charges which have been made against him. If he is still being held incommunicado the Department desires you to urge strongly that a representative of the Embassy be allowed to communicate with him and that he be given every proper opportunity to defend himself.
Further information from the Navy confirms the statements regarding Grow contained in the Department’s 97, of August 30, 1 p.m. The Department desires you to inquire exactly what offense against the laws of Peru is charged against Grow and what is the intention of the authorities regarding his trial. The Department understands that Grow’s contract with the Peruvian Government provides in part as follows “The Government of Peru recognizes in and delegates to the Chief of the United States Naval Mission the disciplinary faculty in virtue of which the latter shall proceed, with the assent and approval of the Minister of Marine, to judge and determine any violation or lack of fulfilment of the terms of the present contract”. If this is the case it would appear that Grow might be disciplined by the Chief of the Naval Mission. You may wish to discuss this question with the Chief of the Naval Mission before taking the matter up with the Peruvian authorities.
The Department is deeply concerned that there should be no mistreatment or unjustifiable detention of either of these American citizens.