The minister of foreign affairs, in reply thereto, sent me a note on
yesterday, of which I inclose herewith a translation. It will be seen that
he claims for Mexico the full right to place limitations upon the privilege
conceded to foreigners to acquire and hold real estate in this country, and
that he maintains that such limitations or prohibition as to citizens of the
United States are not a violation of either the letter or the spirit of the
treaty of 1831. It will also be noticed that he plainly indicates that such
prohibition against American citizens holding real estate in the frontier
States is inspired by the fear of territorial encroachment to the danger of
the Mexican autonomy.
In acknowledging the minister’s note to-day, I have limited myself to saying
I would forward a copy to you and await your indication before making a
reply thereto.
If your dispatch and protest have had no other result, they have at least led
the Mexican Government to state its real feeling in regard to frontier
intercourse with our people, which is a fear that the acquisition
[Page 810]
of American interests across the
border may result in the dismemberment of its territory.
This feeling has been most marked in the present session of Congress, which
adjourns on the 31st instant, wherein the most decided hostility has been
manifested against any railroad connection with the United States, the two
bills for that object pending in that body having made no successful
progress towards their passage.
Awaiting your further instructions on the subject of this dispatch.
[Inclosure in No.
964.—Translation.]
Mr. Ruelas to Mr.
Foster.
Department of Foreign Affairs,
Mexico, May 26,
1879.
Mr. Minister: I have received the note of your
excellency dated the 21st of April last past, in which you are pleased
to inform me that the Department of State of the United States of
America, to which your excellency transmitted a translation of the
contract made on the 4th of February last by the department of public
works for the colonization of the island of Ciari, in the Gulf of
California, has called your attention to the second clause of that
contract, which does not admit as colonists the native or naturalized
citizens of a foreign country bordering on the State of Sonora, to which
the island of Ciari belongs. The Department of State, as your excellency
states, considers that exclusion invidious, and in direct opposition to
article 3 of the treaty of 1831, which stipulates for perfect equality
between citizens of the United States and other foreigners who may visit
or reside in Mexico.
Your excellency adds that, under instructions from the Department of
State, you protest in the name of the Government of the United States
against the exclusion and discrimination adverted to, characterizing
them as a direct violation of the treaty.
Your excellency further adds that the Government of the United States
considers that the Mexican law prohibitirlg citizens of the United
States from holding real estate in the country, within certain limits,
while that privilege is open to other aliens, may be regarded as
incompatible, if not with the letter, certainly with the spirit of the
treaty, the purpose of which was to provide for equality generally
between American citizens and other foreigners in this republic; and
your excellency concludes by expressing the opinion that these injurious
discriminations cannot fail to occasion distrust of the friendly
disposition of the Mexican Government in respect to the Government and
citizens of the United States.
Having informed the President of the republic of the contents of this
note, by his direction I have the honor to make the following reply:
The right which a sovereign state has to concede or refuse to foreigners
the privilege of acquiring real estate in its territory is indisputable
and universally recognized, as well as to establish a limit to this
right when it has been conceded. In use of that right, in exercise of
its sovereignty, Mexico has issued different laws upon the subject,
among them that of the 11th of March, 1842, which, on permitting
foreigners established and resident in the republic to acquire and
possess city and rural property in the territory, made exceptions of
those departments adjoining or fronting other nations, determining that
in them foreigners could not acquire real estate without express
permission from the government; and that of the 20th of July, 1863,
which prohibits native or naturalized citizens of the adjoining
countries to acquire public lands in the States of the republic
bordering on those countries.
Mexico, upon issuing these laws, has not infringed the stipulations of
article 3 of the treaty of 1831, nor has it violated the spirit which
prevailed in that convention, because nothing is established in them
which should be considered as contrary to the liberty, privileges, and
security guaranteed to North American citizens, in order that they may
go with their vessels and cargoes to any market, port, or river of the
republic to which other foreigners are admitted; nor are said citizens
prevented from renting houses and warehouses for the purposes of their
commerce; nor are they prevented from dealing in all kinds of products,
manufactures, and goods; nor are they obliged to pay higher duties,
imports, or emoluments than are paid by the citizens of the most favored
nations; nor is there anything, in a word, conceded to the latter with
respect to navigation and commerce which is denied to North American
citizens.
On the other hand, the equality of privileges, exemptions, and rights
with the most favored nations, stipulated with the United States in
article 3 of the treaty of 1831,
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refers to navigation and commerce; but, although it should extend to
another subject (capitulo), that equality should
be understood to be under circumstances also equal; and with reference
to the acquisition of lands in the frontier States, it cannot be
sustained that the United States, which adjoin Mexico, are in the same
condition as the nations of Europe or of South America. For instance, I
should at the same time call the attention of your excellency to the
exception contained in the law of July 20, 1863, which is the most
peremptory disposition referred to by the clause of the contract which
gave rise to this note, which should not be considered as referring
exclusively to the citizens of the United States, as it also comprehends
those of the neighboring Republic of Guatemala, having the same
conditions of boundary with Mexico; hence there is not nor can there be
any justifiable motive for the Government of the United States to
consider the prohibition established by the aforesaid law as an
exclusion injurious to its citizens, and which refers to the nations
bordering on the republic. I consider it proper to conclude this note by
stating to your excellency that the Government of Mexico, upon
exercising its right to limit the permission granted to foreigners of
the adjoining nations to acquire real estate in this territory, making
the exception of not allowing them to acquire in the frontier States, is
not wanting in powerful reasons upon which to found its action; it acts
in this manner guided by experience which is furnished by not very
remote events recorded in its own history.
The separation of the vast territory of Texas, which, being colonized by
North American citizens in virtue of the generous concessions of the
same government, cut loose its destinies from those of the Mexican
nation, is a severe lesson, which the latter should not forget, that it
may be more cautious and far-seeing in the future. Its want of foresight
then, judged by a representative of the United States was thrown in its
face when its prejudicial effects were scarcely realized. In a note of
the 17th of March, 1846, addressed to the department of foreign affairs
of Mexico, Mr. Slidell said:
“* * * It has never been pretended that the project of colonizing the
territory of Texas with citizens of the United States was suggested by
that government. It was the effect of the deliberate policy adopted by
Mexico, and she should blame herself for the result, which the slightest
foresight might have anticipated, of introducing a population whose
character, habits, and opinions were so extremely opposite from those of
the people with whom it was intended to amalgamate them. * * *”
Consequently, it is not to be wondered at that the Government of Mexico,
taking advantage of these lessons and these admonitions, has taken care
to avoid the recurrence of such great evils in the future; and these
precautionary measures should not be considered by the Government of the
United States as the expression of unfriendly sentiments, or of an
offensive distrust on the part of Mexico, but a just and legitimate
resort in defense of the dearest interests of the republic.
Upon making the foregoing statement to your excellency, in compliance
with the instructions which I have received, I have the honor to
reiterate to you the assurances of my most distinguished
consideration.
