File No. 812.00/1262.
The American Ambassador
to the Secretary of State.
American Embassy,
Mexico, March 28,
1911.
No. 433.]
Sir: With reference to the Department’s
telegraphic instructions of the 16th instant in the matter of the
suspension of constitutional
[Page 439]
guaranties in this country, in which the embassy was instructed to
express to the Mexican Government the hope that American citizens who
might be taken. as participants in the insurrection will be treated in
each case according to the principles of justice, equity, and humanity,
and the provisions of international law, I have the honor to inclose to
the Department herewith copy of note written in pursuance of these
instructions on the 17th instant, and copy of a note from the foreign
office No. 30090 of the 24th instant, which I have just received from
the foreign office in reply to the embassy’s note, as the foreign office
states at some length and with precision the course which the Mexican
Government proposes to follow in dealing with the revolution, with
especial reference to the case of foreigners who may be implicated in
it.
I have [etc.],
[Inclosure 1.]
[This Inclosure is a copy of note 157 of March 17, of the American
chargé d’affaires to the minister for foreign affairs, the text of
which is identical with the Department’s telegraphic instruction of
March 16 (see above). File No. 812.00/973A.]
[Inclosure 2.]
The Minister for Foreign
Affairs to the American
Ambassador.
[Summary.]
Foreign Office,
Mexico, March 24,
1911.
No. 30090.]
[This note, replying to the American ambassador’s No. 157, maintains
the justice of the application of the restrictions resulting from
the suspension of guaranties not only to natives but also to
foreigners, and says that the power of such suspension is a
constitutional one, with the exercise of which no foreign government
is concerned. It is further contended that this application of
martial law as against those guilty of such crimes as wrecking
trains, dynamiting bridges, kidnapping for ransom, is necessary for
the protection of foreigners resident in the country. There is also
inclosed with the note a copy of the decree suspending guaranties,
and also a copy of the letter transmitting said decree to the
governors of States. In this letter of transmission the warning is
given to carry out the provisions of the decree with the utmost
prudence, in order that no further end might be attained, than that
of security and justice. The decree itself suspends the
constitutional guaranties for the persons committing, in general,
any act impeding the operation of railroads, telegraph or telephone
lines, or installation for the transmission of electric power,
kidnappers, highway robbers, robbers with violence “in solitary
places or by means of an attack upon a town or country estate.” The
penalty of death is prescribed for all these crimes except those in
connection with telegraph and telephone lines and electric wires,
which are punishable with the penalty of 5 to 12 years in prison,
and the last-mentioned class of robbery; and these crimes also are
punishable with death if they are carried out on the public road and
accompanied with the crime of homicide or of incendiarism. It is
provided further (art. 4) that upon those captured in the act of
committing crimes for which capital punishment is prescribed such
punishment may be summarily inflicted without any other requirements
than that the chief of the force capturing them shall formulate a
record of the case. Other persons accused of the crimes specified
are to be given a summary and verbal trial by the authorities,
military or civil, which have captured them, sentence to be
pronounced within eight days after the trying authorities assume
charge of the case. Such sentences are to be carried out with no
other appeal than an application to the President for pardon.]
