Mr. Hay to Mr.
Clayton.
Department of State,
Washington
,
November 17,
1902
.
No. 803.]
Sir: I have to acknowledge the receipt of your
dispatch No. 1614 of the 24th ultimo on the subject of jurisdiction by
consular officers of the United States in Mexico over disputes arising
at sea or in Mexican ports among masters, officers, and crews of
American vessels.
With your dispatch is transmitted a copy of a note from the Mexican
minister for foreign affairs, in which he expresses the opinion that a
new treaty is not necessary, as without it, and simply by virtue of
Mexican laws, the American merchant marine enjoys in Mexican ports all
the facilities and exemptions asked for in your note to him of August 14
last.
In reply, I inclose herewith for your information a copy of the
Department’s circular instruction of the 11th instant to our consuls in
Mexico, defining their rights and powers in the premises.
I am, etc.,
[Page 828]
[Inclosure.]
Department of State
to United States consuls in
Mexico.
Department of State,
Washington
,
November 11,
1902
.
Circular.
Sir: As the result of recent diplomatic
correspondence in regard to the question of the right of the Mexican
judicial authorities to assume jurisdiction over disputes between
masters, officers, and crews of merchant vessels in Mexican ports, I
now have to inform you that the Department is in receipt of a
dispatch, No. 1614, of October 24, 1902, from the ambassador of the
United States at Mexico City, transmitting a note from the secretary
for foreign affairs of Mexico, in which he declares for the Mexican
Government the following:
- First. That in accordance with Mexican legislation and
jurisprudence, and as a general rule, the courts of Mexico
are not bound to take cognizance of offenses committed on
board foreign vessels in Mexican ports.
- Second. That these courts have jurisdiction to take
cognizance of such offenses when the intervention of the
Mexican authorities is solicited, when the tranquillity of
the port is disturbed, or when the offense is committed by
or against a person who does not belong to the crew.
- Third. The foregoing rules are applicable with greater
reason to the differences or disputes between captain and
crew or between the latter among themselves and which do not
constitute true crimes.
For your information, as explaining and elucidating these rules, I
inclose herewith a copy of an extract from the note of the secretary
for foreign affairs.
I am, etc.,
Herbert H. D. Peirce,
Third Assistant
Secretary.
