File No. 412.11 H141/5.
The American Chargé
d’Affaires to the Secretary of
State.
No. 1793.]
American Embassy,
Mexico,
November 30, 1912.
Sir: Referring to this Embassy’s despatch of
August 30th last. No. 1625,1 regarding the claim of Mr. Herbert L. Hall, I have
the honor to transmit herewith a copy in translation of a recent note
from the Minister for Foreign Affairs in reply to the Embassy’s
representations in this matter.
[Page 982]
It will be observed that in this note the Mexican Government takes a
positive attitude towards such claims for losses suffered by foreigners
by revolutions and one which, if concurred in by the Department, will
render useless any further steps towards the collection of damages for
losses suffered by American interests in Mexico arising from the
revolutionary movements of the past two years.
I have [etc.]
[Inclosure.—Translation.]
The Minister for Foreign
Affairs to the American Chargé
d’Affaires.
No. 3203.]
Department of Foreign Relations,
Mexico,
November 23, 1912.
Mr. Chargé d’Affaires: After the
examination of the claim which, through the Embassy, Mr. Herbert L.
Hall has formulated against the Mexican Government for the sum of
$40,000 United States currency—this being the value of property
belonging to him which he says was destroyed by Federal forces—it is
to be observed first of all that the allegations made by Mr. Hall
are not justified, in evidence of which it is sufficient to say that
only one of the witnesses states that he has seen what Mr. Hall
refers to. But it seems unnecessary to insist on this point in view
of the fact that, although the allegations might be proved, it is a
principle of international law that when a government finds itself
temporarily unable to repress within its territory all the
punishable acts resulting from insurrection or civil war it is not
responsible for the damages which foreigners may suffer in person or
property during the course of the campaign as a consequence of the
measures that the government may find it necessary to take in order
to recover its dominion.
This principle has been recognized in favor of your excellency’s
Government by the Government of Great Britain when the latter
refused to make claim against the former for its subjects for any
compensation for the damages which they had suffered during the
Civil War, taking the position in that case that foreigners are
subject to the same consideration as nationals; and even your
excellency’s own Government has acknowledged this principle in a
most ample manner when it refused to make claim against Brazil for
compensation for the damages which an American citizen had suffered
during the civil war of 1893, in spite of the fact that his
business, having been in the line of fire, had been destroyed by the
forces of the Government and by the revolutionists, considering with
all justice that a person domiciled in a foreign country is exposed
equally with the nationals of that country to the results of the
state of affairs, and therefore if his property is destroyed by
revolutionary forces or by those of the Government the latter is not
legally responsible therefore.
Therefore, upon the basis of these principles of strict justice, the
Government of Mexico declines all responsibility, and in consequence
does not accept the claim of Mr. Herbert L. Hall.
I avail [etc.]
