File No. 812.00/647.
The Secretary of State to the Mexican Ambassador.
The Department of State is in receipt of an aide-memoire of the Mexican ambassador dated the 16th instant, in which the ambassador states [etc.].
The ambassador requests that suitable orders be given [etc.].
A copy of the ambassador’s memorandum has been sent to the attorney general for his information.
The Department of State has the honor again to suggest to the Mexican ambassador for his consideration the fact that under the Constitution of the United States free speech is absolutely assured, and that therefore in order to bring inflammatory speeches or propaganda within the statutes of the United States it will be necessary that some definite act or acts of which the mind can take cognizance be proved in addition to the mere word, written or spoken, which, even though indicative of the strongest desire and the most determined purpose to do the forbidden act, will not constitute the offense.
The Department is not advised regarding the report of the firing from the American side by fugitives from the battle at Las Vacas, but feels quite confident that it will transpire to have been of a most desultory nature and not improbably produced by fire directed against the fugitives while they were crossing, and perhaps after they had reached the American side. In this connection it should be observed that perhaps neither party would be capable of a nice and discriminating observance of the rules of neutrality during the heat of battle. The matter will, however, be investigated and if it should appear that the neutrality laws of the United States have been violated no effort will be spared to bring the guilty parties to justice.
Washington, January 23, 1911.