Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1912

File No. 312.11/127.

The Acting Secretary of State to the American Ambassador.

[Telegram.—Paraphrase.]

Department of State,
Washington, March 20, 1912—7 p.m.

Second paragraph of your March 18, 12 noon. The Department can not lay down any other rules than those provided by international law, which will doubtless meet situation. See volume 6, Moore’s Digest, page 809 and following.¹

All other points of your telegram are covered by a circular instruction to consular officers in Mexico, a copy of which will be sent to you to-morrow.

Huntington Wilson.

1. This refers to the subhead “Mob violence “in the chapter on “Claims,” beginning with the following general conclusions:

   “The question of a government’s liability for injuries suffered by foreigners within its jurisdiction has on various occasions been discussed and determined in cases of mob violence. Such cases sometimes apparently present strong grounds of national liability because of the popular approval of the mob’s action and the consequent immunity of the actors from prosecution and punishment. The rule, however, which has generally been maintained in argument, even if not in practice, is that while a government is bound to employ all reasonable means to prevent such disorders, it is not required to make indemnity for losses that may result from them, unless, as in the case of Art. XXXV of the treaty of 1846 with New Granada or as in the case of an attack on official representatives, there is a special obligation of protection.”

   Citations of cases follow, pp. 809–883.