Your telegram of yesterday. Article 5, paragraph 2, reads “The inspection
and jurisdiction of the federal authorities may extend into the sea for
fiscal purposes up to a distance of 20 kilometers, measured from the
line marked by low tide on the coasts of the Republic.”
[Inclosure 1, with Ambassador
Thompson’s No. 268, Oct. 22, 1906 [not printed].
Translation.]
The Minister for Foreign
Affairs to Ambassador Thompson.
Department of Foreign Affairs,
Mexico, October 10, 1906.
Mr. Ambassador: Referring to your
excellency’s note, dated September 21 last, I have the honor to
inclose herewith copy of a communication addressed to me by the
secretary of war and marine, relative to the lack of foundation of
the report that orders had been issued for the capture of fishing
vessels found within Mexican territorial waters, regardless of the
conditions of the weather. At the same time, the inclosed
communication shows the state of the weather, to which reference is
made in the above-mentioned note.
I renew, etc.,
[Subinclosure.—Translation.]
The Department of War and
Marine to the Secretary for Foreign
Affairs.
Department of War and Marine of
Mexico.
On the 29th of last month the general military commander of Veracruz
informed this department as follows:
“I have the honor to refer to your communication No. 18588, issued by
the bureau of maritime service, section of merchant vessels of that
department, and as supplement to my note No. 934, of the day before
yesterday, I beg to say that this office has never ordered the war
vessels of this region to capture American fishing vessels, under
any conditions of the weather, when found within our territorial
waters; but only those which carry on the traffic of poaching within
such area, that is, those which are found fishing without a legal
permit from the proper national authorities. Besides, any vessel
which on account of some accident seeks shelter in our ports on
coasts or islands of refuge, has never been denied that right, of
which they have availed themselves freely in accordance with the
provisions of our laws; and on the contrary, whenever they have
needed any assistance the same has been extended to them in
accordance with Naval Regulations.
As it may have happened that some rumors may have reached the
American ambassador similar to those which you have been pleased to
mention, perhaps because some of the employees of the fishing
vessels captured recently may have spread the same, I have requested
the commanders of our war vessels, in order to clear the matter, to
send me a detailed statement of the state of weather and
meteorological conditions on the dates of the capture, and they have
informed me that the weather has been generally favorable during the
whole month of April last, the Silas Stearns
having been captured on the 19th of said month, with good weather,
eastern wind, force 1, smooth sea. That the D. L.
Trafton was captured on the 21st, good weather,
northwestern wind, force 2, sea wind. The Lizzie
B. Adams was captured on the 23d, good weather,
northwestern wind, force 2, sea wind.
[Page 1099]
As you will see from the above data, the weather could not be better
and said vessels were found within our waters at a time when they
were not exercising the right to seek shelter in our coast on
account of a gale or accident, but in a deliberate manner. I beg to
transmit to you a statement of the general run of the weather from
the 1st to the 27th of April last, which was sent to me by the
commander of the gunboat Veracruz, for such
action as may be expedient.
Which I have the honor to transmit to you in reference to our
communication No. 18588, transmitted to your department on September
25 last, inclosing copy of the state of weather mentioned in said
note.
I renew, etc.,
G. Gosio.
Mexico, October 1,
1906.
