File No. 812.00/931.
[Untitled]
American Embassy,
Mexico, March 8,
1911.
No. 372.]Sir: With reference to the Departments
telegraphic instruction of February 7 last, directing the embassy to
call the attention of the Mexican Government to the fact that Mexican
Federal troops had fired upon Dr. Bush, of EI Paso, Tex., while he was
attending the wounded in the revolutionary camp under the flag of the
Red Cross and with permission from the Mexican military authorities, to
the end that the Red Cross flag be respected and that there be no
recurrence of such an incident, I have the honor to inclose to the
Department herewith, in translation, copy of a note from the foreign
office, dated the 4th instant, with which is transmitted a note from the
department of war and marine stating that the necessary orders have been
given directing the Federal troops to respect the flag of the Red Cross,
and pointing out that there has been no violation, in the opinion of
that department, of the stipulations of the Convention of Geneva.
I have, etc.,
[Inclosure—Translation.]
Department of Foreign Affairs.,
Mexico, March 4, 1916.
Mr. Chargé d’Affaires: Referring to the
embassy’s courteous note, dated the 9th ultimo, stating that
information is had that the Federal troops of Mexico fired at Dr.
Bush, of El Paso, Tex., while he was attending the wounded in the
revolutionary camp, under the flag of the Red Cross, I have the
honor to send to you a copy of the reply received in this
department, under date of the 24th ultimo, from the department of
war and marine.
In support of the reasons given by the Secretary of War, I have the
honor to cite Article XXIV of the Geneva Convention of 1906,
amending that of 1864, and which was ratified by the United States
of America on January 2, 1907, and published August 3 of the same
year, which article in its pertinent portion says the following:
“The stipulations of the present convention are obligatory only
between the contracting parties in case of war between two or more
of them.”
I renew, etc.,
[Page 417]
[Subinclosure.]
In reply to your courteous note No. 25232, of the 14th instant,
transmitting the note from the American ambassador relative to the
statement that the Federal troops operating in Chihuahua fired at
Dr. Bush, of El Paso, Tex., while he was attending the wounded in
the revolutionary camp with permission from the Mexican military
authorities and under the flag of the Red Cross, I have the honor to
say that, in compliance with the wishes of the American Government,
the necessary orders are being given directing the Federal troops to
respect the flag of the Red Cross; but as Mexico is not at war with
any foreign power, and in view of the stipulations of the convention
at Geneva, no society or individual can in any case protect himself
under the flag of that institution, but he who does it should be
punished for the crime of usurping military emblems. I renew to you
the assurance of my consideration.
Mexico, February 24,
1911.
G. Cosio.
To the Secretary for Foreign
Affairs.
