File No. 812.00/3634.
The American Ambassador to the Secretary of State.
Mexico, April 17, 1912—9 p.m.
Your April 14, 3 p.m. Minister for Foreign Affairs has sent lengthy reply to my note based on its instructions.
The Minister recapitulates my note under five heads, and continues:
In reply and under express directions from the President of the Republic, I have the honor to say the following to your excellency:
The Mexican Government is fully cognizant of its duties, and neither by its acts nor by manifestation of its officials has given occasion to doubt the sincerity of its decision to enforce respect for the generally accepted principles of international law and the rules which govern the conduct of every civilized nation. Your excellency’s Government has recognized this in the note I have the honor to answer and by other reiterated proofs of friendship toward the Government and people of Mexico which have been so highly and so cordially [Page 793] appreciated in this country. For these reasons the Government of Mexico says to your excellency that it finds itself under the painful necessity of not recognizing the right of your Government to give the warning which the aforesaid note contains, since it is not based upon any action imputable to the Mexican Government signifying that it has departed from the observance of the principles and practices of international law.
Since one part of the country is in a state of revolution the Mexican Government holds as its principal duty the suppression of the rebel movement, and if in the regions which have removed themselves from obedience to the legitimate authorities attempts are made against the lives and property of foreigners the legitimate Government of the Republic will not be liable in this regard except under the same conditions as the Government of the United States or that of any other country would be if a rebellion arose in its own territory.
The Government of the United States may rest assured that it is the firm purpose of the Mexican Government to observe, and cause to be observed, the principles of international law and the laws of the country, which are quite in harmony with the former in respect to American citizens and other foreigners who may be among prisoners taken from the rebel forces, and although there does not exist sufficient information for the supposition that the commanders of forces in the service of the Government have declared that they would summarily execute Americans whom they may take prisoners and who are fighting on the side of the rebel forces, orders have been sent to the military commanders that if the case arises of their taking as prisoners of war foreign citizens or subjects the latter will be treated conformably to the laws of the Republic and to international practice.
The Government and the people of Mexico lament that order is still disturbed in a part of the territory of the Republic, and on this account are making continued and earnest efforts to reestablish it, which the Government hopes to accomplish by means of accumulation of military forces, and relying upon the opinion, clearly expressed, of a large majority of the Mexican people, which, your excellency and other foreigners who reside among us must realize, decidedly supports the legitimate Government of the Republic.
Far from disowning any responsibilties incurred by illegal acts committed against the lives and property of foreigners the Government unhesitatingly accepts such responsibilties as long as they by their character pertain to governments in accordance with the principles of international law, but rejects and will always reject any responsibilities of any other character which anyone may attempt to force upon it beyond such principles. My Government recognizes with true pleasure that the Government of the United States would never attempt to force upon it the latter kind of responsibility. The high culture and spirit of justice of the people and Government of your excellency guarantees this, as do the constant proofs of great friendship which have been given to this country under the present circumstances.
It is to be deplored that some Mexicans spread baseless rumors or injure the property and interests of foreigners; nevertheless, concerning the first point, the fault is not exclusively of Mexico, but of all countries whose press delights in publishing sensational and frequently false rumors, and in the second place the authorities of the Republic have always endeavored to punish according to law those causing the injuries to which your excellency alludes.
My Government has taken note of the communication addressed to the rebel Orozco by order of your excellency’s Government, through Consul Letcher in Chihuahua, not without lamenting that it has been obliged to proceed thus by force of circumstances, as you say, since this individual, who is guilty of flagrant violation of the laws of the country in having risen in arms against the legitimate Government, is responsible solely before Mexican tribunals.
The Government and the people of Mexico can not be responsible consequently for the acts of this rebel leader in the form in which the communication addressed to him by order of your excellency’s Government indicates.
My Government also deplores the fact that it was informed of the tenor of the instruction to Consul Letcher, of Chihuahua, in the same official note which I have the honor to answer. I avail, etc.,
(Signed) Pedro Lascurain.
The Foreign Office gave the text of the foregoing note to the press to-day.