File No. 412.00/23.

The Secretary of State to the American Ambassador.

No. 1337.]

Sir: The Department has received your No. 1888, of February 5, 1913, transmitting correspondence with the Foreign Office and with [Page 949] your British, colleague in regard to the claims arising from the different revolutionary outbreaks in Mexico.

It being assumed that the so-called Madero revolution was successful;, it would appear that, under the generally accepted rules of international law, claimants seeking compensation for damages caused during that revolution would, as a class, be in a better legal position than would persons whose claims arose out of an unsuccessful revolution.

The statement in your notes to the Mexican Foreign Office and the British Minister, that the Government of the United States perceived no distinction between the two classes of claims, appears to have been made upon your own responsibility and without instructions from the Department. Probably it was intended to convey the opinion that claims arising out of the late revolutionary movements were valid; but it might, on the other hand, be construed as involving a renunciation or waiver of the benefit of the rule which imposes upon successful revolutionists liability for their acts. You will therefore take occasion to inform the appropriate authorities that the statements contained in your note of January 21, 1913, were made on your own responsibility, and were not intended to admit a doubt as to any of the established grounds of international liability; and you should make a similar expression to the British Minister with relation to the statements contained in your letter to him of January 27, 1913.

I am [etc.]

For the Secretary of State:
J. B. Moore.