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File No. 711.428.
January, 1911, as to the objections of the United States to existing
The undersigned, having considered the best means of dealing with the objections above referred to, subject to the minute of previous conferences signed January twelfth, have arrived at the following conclusion:
Having regard to the present method of administering the Canadian laws and fishery regulations and to certain amendments which Canada is willing to make therein and to the present state of the fisheries and conditions under which they are carried on and places of fishing, the United States does not press at present any of the objections referred to in Protocol XXX which relate to Canadian laws and fishery regulations, it being understood that the right of the United States to renew such objections is not thereby in any way prejudiced should conditions change.
The amendments in regulations above referred to are: ·
Subsection one of section five of the Special Fishery Regulations, Province of Quebec, approved on the twelfth day of September, one thousand nine hundred and seven, is repealed and the following substituted therefor:
1. Fishing by means of cod trap nets without a license from the minister of marine and fisheries is prohibited in the waters of the Gulf of St. Lawrence, except at the distance of one thousand yards from shore or one thousand yards from any similar net set from the shore.
Subsection four of section five is repealed and the following substituted therefor:
4. If the leader of a cod trap-net extends from the shore, any fishery officer may determine in writing or orally the length of the leader that shall be used.
Subsection (a) of section eight of the said Special Fishery Regutions is hereby repealed and the following substituted therefor:
1. (a) Fishing by means of herring trap-nets without a license from the minister of marine and fisheries is prohibited in the waters of the Gulf of St. Lawrence, except at the distance of one thousand yards from shcre or one thousand yards from any similar net set from the shore.
Subsection (d) of section eight is hereby repealed and the following substituted therefor:
(d) If the leader of a herring trap-net extends from the shore, any fishery officer may determine in writing or orally the length of the leader that shall be used.
Subsection nine of section five (added):
Upon any inhabitant of the United States fishing with trap-nets in Canadian waters in the exercise of his liberties under the treaty of 1818 applying for a berth site under the licensing provisions, such a license shall be issued in the usual course for any unoccupied berth site selected by the applicant upon payment of the regular fee in consideration of the exclusive use of such site, subject to the usual rules and regulations.
Clause () of subsection one of section eight (added):
l'pon any inhabitant of the United States fishing with trap-nets in Canadian waters in the exercise of his liberties under the treaty of 1818 applying for a berth site under the licensing provisions, such a license shall be issued in the usual course for any unoccupied berth site selected by the applicant upon pay. mnent of the regular fee in consideration of the exclusive use of such site, subject to the usual rules and regulations. January 14, 1911.
PHILANDER C. Knox.
RIGHT OF AMERICAN CITIZENS ARRESTED IN GUATEMALA AND
KEPT “INCOMUNICADO" TO INFORM AMERICAN DIPLOMATIC AND CONSULAR OFFICERS OF THEIR DETENTION. RIGHT TO COMMUNICATE FREELY IN OTHER CASES.
File No. 814.0441.
[Extract.) No. 203.]
Guatemala, September 16, 1910. SIR: It has been announced by the Mexican press that all foreigners arrested and placed in Mexican prisons are in future to be permitted to communicate with the diplomatic or consular representatives of their Governments, and that the system of “incomunicación” of the Spanish law is to be modified.
Whether this announcement is true or not I shall be glad to receive the Department's authority to approach President Estrada Cabrera on this subject. The complete isolation of prisoners in the first stages of investigation should not, I think, apply to the diplomatic or consular representatives of a foreign Government in the case of their nationals.
If the right of the diplomatic, or consular representative to communicate with his imprisoned nationals in the presence of the local authorities at any stage of imprisonment were conceded, fewer occasions would arise for insistence on their right. I have, etc.,
W. F. SANDS. File No. 814.0441/1. . The American Minister to the Secretary of State.
[Extract.] No. 212.]
· AMERICAN LEGATION,
Guatemala, September 28, 1910. SIR:I have the honor to report that I have secured from President Estrada Cabrera a promise which will aid greatly in bringing about a more satisfactory situation for Americans in Guatemala.
In a conversation with His Excellency on September 20 I spoke to him of the unnecessary difficulties with which we have to contend and pointed out to him the impossibility of obtaining the least information from any official source concerning cases involving American interests. I suggested that His Excellency would lighten the burden of his foreign office and of the department of government and justice as well as of this office by privately instructing the judiciary to attend with good will to confidential requests for information con
1 See same subject under Mexico.
cerning American cases made by the minister or consul general. His Excellencs promised me to gire such confidential instructions and to give IT proposal a thorough trial. I hare, tic
W. F. SANDS
File No. 5140441/1
The Suretary of State to the American Vinister.
DEPARTMENT OF STATE,
Tashington, April 17, 1911. Sir: Referring to Mr. Sands's os. 203 and 212, of September 15 and 23 last, respectively, you are hereby instructed to say to President Cabrera that the United States Government would greatly appreciate the moditication of the system of "incomunicación" which prerails in Guatemala, so far as to permit the American citizens under arrest to communicate freely with their diplomatic and consular representatives.
You will state that, as the department is advised, the denial of this right in the past has necessarily worked hardship to American citizens, a recent instance of which is to be found in the arrest through a mistake of Thomas J. McCullough, reported by the consul general at Guatemala Citr on November 5 last to both the department and the legation. It appears that Mr. McCullough was refused permission to communicate with the consulate general, and only through his good fortune in smuggling out a note * * * did he establish such communication and thus secure his release after the consul general had demonstrated to the authorities that Mr. McCullough was absolutely innocent of any offense against the laws of Guatemala.
You will in this connection refer cautiously to the tendency of the times toward a lessening of the stringency of the laws of “incomunicación," as evidenced in the action of the Mexican Government which, on July 22 last, issued a circular to the governors of the several States, recommending them to instruct the judges, as a general rule, that accused persons under arrest be allowed to communicate either orally or in writing with other persons; and in case they are foreigners, preferably with the diplomatic or consular representatives of their country, and that in general their annoyances and privations be reduced to those which are inevitable.
You will intimate to the President that the United States Government confidently believes that the Gorernment of Guatemala will not desire to be less liberal in its treatment of foreigners than is that of Mexico. I am, etc.,
P. C. Kros.
File No. 814.0441/4.
The American Minister to the Secretary of State.
Guatemala, May 10, 1911. Sir: With reference to your instruction No. 68 of the 17th ultimo, relative to the system of “incomunicación " which prevails in Guatemala, and referring to the case of the arrest of Thomas J. McCullough on November 5 last, I have the honor to report to you as follows:
When Mr. McCullough's case was reported to me by the consul general I discussed with the latter the question of the refusal of the authorities to permit the former to communicate with the consulate general, and on December 8 last addressed a rote to the minister for foreign affairs requesting that such instructions as might be necessary should be issued to prevent a recurrence of the denial of access on the part of an American citizen under arrest in this Republic to his appropriate consular officer, and that I be notified when such steps had been taken. Under date of December 28 last I received a reply stating that the appropriate authorities were being conferred with in the sense desired, and that I should be advised of the result. After receiving your above-mentioned instruction I recalled the matter to the attention of the foreign office, and under date of the 8th instant received a note, of which I have the honor to inclose a copy with translation, stating that the necessary orders had been issued to permit all Americans arrested in this country to notify their consular representative immediately of their detention. Copies in Spanish and English of this note I have transmitted to the consul general for his information and for communication to our consular agents in Guatemala, with a request that any instance of failure on the part of local authorities to observe these instructions be promptly reported to the legation.
With respect to the question of the modification of the existing system of “incomunicación " I requested an interview with President Estrada Cabrera, which took place yesterday afternoon. I communicated to the President your instructions. He observed that “incomunicación," which might extend for a period of from 5 to 60 days, was only provided for in the case of very grave accusations, that it would be difficult to entirely abolish it, but that in all other cases there was no objection to Americans under arrest communicating with their diplomatic and consular representatives, and that he would cause a circular in this sense to be issued, adding that he would take a personal interest in the matter. I have, etc.,
R. S. REYNOLDS HITT.