File No. 612.1123/5.
The Acting Secretary of State to the American Chargé d’Affaires.
Washington, October 23, 1912—1 p.m.
Consul at Vera Cruz has received a communication from the commandery of the fleet and late collector of customs stating: (1) That they had sent tug to meet American steamer Seguranza to notify the master that the port was closed by order of the Federal Government, as provided by section 6 of customs regulations, but that master insisted [Page 902] upon entering to consult with consul; (2) that war material might be among the cargo of the Seguranza, which under no circumstances should be unloaded, as port is closed to all legal transactions of loading and unloading; (3) that on account of the existing conditions said steamer should remain a very short time, so as to avoid exposure to possible accidental damage, which might give rise to claims, thereby straining the existing friendly relations.
You will inform the Mexican Government that the Department understands that insurrectionary forces have taken and are now in possession of Vera Cruz. With reference to the closure by mere executive or legislative act of Mexican ports held by insurgents, you will communicate to the Foreign Office the following as the position of the United States:
As a general principle a decree by a sovereign power closing to neutral commerce ports held by its enemies, whether foreign or domestic, can have no international validity and no extraterritorial effect in the direction of imposing any obligation upon the governments of neutral powers to recognize it or to contribute toward its enforcement by any domestic action on their part. If the sovereign decreeing such a closure have a naval force sufficient to maintain an effective blockade and if he duly proclaim and maintain such a blockade, then he may seize, subject to the adjudication of a prize court, vessels which may attempt to run the blockade. But his decree or acts closing ports which are held adversely to him are by themselves entitled to no international respect.1 The Government of the United States must therefore regard as utterly nugatory such decrees or acts closing ports which the United States of Mexico do not possess, unless such proclamations are enforced by an effective blockade.