No. 344.
Mr. Foster
to Mr. Evarts.
Legation of
the United States,
Mexico, February 11, 1879.
(Received February 24.)
No. 886.]
Sir: As instructed in your No. 539, of November 15
last, after delaying until the 24th ultimo in the hope of receiving an
answer on the subject, on that date I addressed the Mexican foreign office a
note, again calling attention to the discriminating bounty offered for the
exportation of hemp (henequen) to Europe by the State
government of Yucatan. In my note, of which I inclose a copy, I recited the
repeated efforts which I had made to obtain some action on the part of the
federal government, and referred to its singular indifference to the
subject.
In a visit which I made to the foreign office a few days thereafter, I called
Mr. Avila’s attention to the matter, and he said that although he was just
about to leave the department he would commend the question to the preferred
and early attention of his successor.
On the 7th instant the new minister, Señor Ruelas, invited me to call that
day at the foreign office, which I accordingly did, when he informed me that
he expected to answer my note of the 24th ultimo at once, but
[Page 797]
desired to see me in the mean time
to say that he was desirous of attending to my note, and that he recognized
the principle laid down in your first and last dispatches that such
legislation as that enacted by the State of Yucatan was in violation of the
treaty of 1831, and was, besides, an encroachment on the powers of the
federal government, to which pertained exclusively the faculty to regulate
foreign commerce. He stated, however, that the question had already been
settled, as the decree granting the bounty on hemp (henequen) was only to remain in force for two years, and that it
had expired by limitation.
I expressed my gratification that the minister concurred so fully in your
view of the question, but I said that, in order prevent the action of the
State government from becoming a precedent for the future, it would be well
to convey to the governor of Yucatan the views of the federal executive on
the subject, which the minister promised to do.
* * * * * * *
I am, &c.,
[Inclosure 1 in No. 886.]
Mr. Foster to Mr.
Avila.
Legation of the United States,
Mexico, January 24,
1879.
Sir: On the 28th of September of last year I
addressed your honor a note in regard to the complaint which I had
presented to the Mexican Government on the 4th of December, 1877, under
instructions from the Department of State, in regard to the special
privileges conceded by the State government of Yucatau for the
exportation of hemp to Europe. The said note shows that I have brought
the subject to the attention of the Mexican foreign office four several
and distinct times during the past year, without being able in the
course of more than thirteen months, to obtain any satisfactory or even
definite answer on the subject.
In view of this apparent indifference on the part of the Mexican
Government to this important subject, which involves the equality of
privileges of the citizens of the United States with those of European
nations in the commerce of Mexico, I have been instructed by a recent
dispatch from the Department of State to again bring the question to
your honor’s attention. I do not deem it necessary to present again in
detail the facts and arguments heretofore submitted, to your honor’s
predecessors. Reference is made to my past notes and interviews in the
note which I sent to your honor on the 28th of September last, and which
remains unanswered.
The Secretary of State, in directing me to make a new effort to obtain an
answer from the foreign office, says there can be no doubt that the
action of the State of Yucatan, in granting a special bounty on the
exportation of hemp to Europe, is not merely opposed to the intent of
Article IV of the treaty of 1831, but is in distinct contravention of
the second article thereof. Nor can there be any doubt, he states, of
the duty of the federal or treaty-making power to require from the
individual members of the federation compliance with the international
obligations contracted. He regrets that there should be such apparent
hesitancy in meeting the simple issue which this question presents. He
therefore instructs me to submit the subject in such a manner as will be
likely to prove effective, and to request an early reply from your
honor’s government.
I trust that the foregoing statement may be sufficient, without the
repetition of former arguments or the addition of new ones, to satisfy
your honor that the complaint of my government as originally presented
was well founded, and that it has not been treated with that attention
which both the subject and a due deference for the representations of a
friendly power demanded. I have, then, to repeat my request made in
September last, that the matter may be squarely met, and an early and
definite answer may be given me thereon.
I remain, with sentiments of marked consideration, your honor’s obedient
servant,
[Page 798]
[Inclosure 2 in No.
886.—Translation.]
Mr. Ruelas to Mr.
Foster.
Department of Foreign Affairs,
Mexico, February 9,
1879.
Sir: Referring to the attentive note of your
excellency, dated January 24, of this year, and to the conversation had
in this department on the 7th instant, in which I manifested the opinion
reached relative to the decree of the legislature of Yucatan conceding a
premium to the hemp in the stalk produced in that State, which should he
exported to Europe, I have the honor to renew my considerations in the
same terms in which I expressed them to your excellency, and which are
in accord with the note of the Secretary of State of the United States
of America, dated in Washington, November 14, 1877.
Consequently I reiterate to your excellency that, in regard to the
Mexican Government causing the cessation of the difference established
between the exportations of hemp to Europe, on acccount of the premiums
conceded to them, and the exportations of the same product to the United
States, the period of two years fixed by the decree of the legislature
of Yucatan for the enjoyment of the premium having expired, the
difference which caused the said note of November 14, 1877 (whose object
is now satisfied), has also ceased; and it being convenient to the
interest of the Government of the Mexican Federation to give its
attention and have the government of the States give their attention to
whatever concerns the faculty of legislating with respect to
importations and exportations, and with respect to other points
connected with the stipulations of the federal constitution, and with
the international treaties the President will give to this question the
preference which it justly demands.
I have the honor to renew to your excellency the protestations of my
attentive and distinguished consideration.
