File No. 812.00/932.
[Untitled]
American Embassy,
Mexico, March 8,
1911.
No. 373.]Sir: With reference to the Department’s
telegraphic instruction of February 18 last regarding the matter of
admitting into the United States from Mexico aliens, Federal soldiers,
or insurrectionists who may be in need of medical treatment I have the
honor to inclose herewith to the Department for its information and that
of the Department of Commerce and Labor copy of a note which the
ambassador addressed to the foreign office on the 29th ultimo, pursuant
to the Department’s instruction, and copy of the reply of the foreign
office thereto, dated 1st instant, which I have just received.
It will be noted that the foreign office in its reply admits its
liability for expenditure made on behalf of Federal soldiers for medical
treatment and nursing, but not for others, and that it is implied that
Federal soldiers should not be detained. The offer of the American Red
Cross is not mentioned.
I have [etc.],
[Inclosure 1.]
The American
Ambassador to the Minister for
Foreign Affairs.
American Embassy,
Mexico, February 20,
1911.
No. 519a.]Mr. Minister: I have the honor to inform
your excellentcy that the Department of State at Washington in
replying to the Department of Commerce and Labor—which acted at the
instance and upon information furnished by the immigration inspector
at Calexico, Cal.—regarding the matter of admitting to the United
States aliens, Federal soldiers, or insurrectionists who may be in
need of medical treatment, has expressed the belief that the.
Government of the United States can properly grant admission for the
purpose mentioned to wounded of whatever allegiance, but that such
admitted persons should at the same time be notified that the right
is reserved to detain them should circumstances appear to require
such a course when they have recovered from their wounds. Any
wounded person who is admitted to the United States territory for
nursing and medical treatment will be advised in this sense.
Under instructions from my Government I have the honor to inform your
excellency, in addition to making the foregoing explanation of my
Government’s position, that the Government of the United States will
look to the Government of Mexico for any expenses incurred for
medical treatment, nursing, and also for detention should
developments appear to render detention desirable.
[Page 418]
I am also enjoined to advise your excellency of the benevolent offer
of the American Red Cross, as made to the Department of State on the
13th instant, to be ready and willing to respond to a request for
its services in caring for sick and wounded in Mexico.
I avail [etc.],
[Inclosure 2.]
The Minister for Foreign
Affairs to the American Chargé
d’Affaires.
[Translation.]
Department of Foreign Affairs,
Mexico, March 1, 1911.
No. 26854.]Mr. Chargé d’Affaires: I am in receipt of
the embassy’s note No. 519a, dated the 20th ultimo, with which you
were pleased to transmit to me the proposition and conditions of the
Government of the United States for such medical attention as that
Government is willing to give to men wounded on Mexican territory
during the present revolutionary movement who may cross the line
into American territory in search of refuge.
In reply I have the honor to say to you that the Mexican Government
is willing to have wounded men detained after their recovery by the
American authorities until it is ascertained whether they are
revolutionists or members of the Mexican Army, because from the
moment when they may form part of the regular army this Government
is of the opinion that they do not fall within the scope of the
Revised Statutes of the United States, which refer exclusively to
persons belonging to hostile expeditions against a country with
which the United States is at peace.
With reference to expenses that may be incurred for medical treatment
and detention in the above manner concerning men forming part of the
Mexican Army, the Government of Mexico is also willing to refund
such expenses to the United States; but it does not consider itself
obliged to make this refund, either by international laws or those
of humanity, concerning wounded revolutionists, since such
obligation would not exist, even in case the rebels should have
(what they do not and can not have) the character of belligerents,
because the conditions required by international law are lacking,
and also because they are not to be considered within the general
protection which a government should give to its citizens
abroad.
I renew [etc.],
