File No. 412.11/146.
The American Chargé
d’Affaires to the Secretary of
State.
No. 1800.]
American Embassy,
Mexico,
December 7, 1912.
Sir: I have the honor to refer to my telegram
of December 6, relative to the matter of certain classes of claims
against the Mexican Government, and to transmit herewith copies in
translation of notes which have been addressed to the German Minister
and to this Embassy.
I have [etc.]
[Inclosure 1.—Translation.]
The Minister for Foreign
Affairs to the German Minister to
Mexico.
No. 3380.]
Department of Foreign Relations,
Mexico,
December 2, 1912.
Mr. Minister: I beg to refer to your
excellency’s note No. 2683 of the 21st of October last, relative to
the claim which Mr. Otto Katterfeldt, a German subject, resident in
the city of Gomez Palacio, State of Durango, has presented against
this Government for damages to him by sacking and robbing by a party
of rebels on March 9th last.
The case having been duly considered, I have the honor to inform your
excellency that the Mexican Government does not accept the said
claim, basing its action upon the general principles of
international law which exonerate States from the payment of damages
suffered by foreigners during times of disturbance within the
territory of such States; for there is no reason, either in justice
or in equity, to differentiate such damages from those suffered by
the nationals of the country.
The Mexican Government, therefore, in this as in all similar cases,
declines all responsibility for the damages suffered by Mr.
Katterfeldt.
I avail [etc.]
[Page 984]
[Inclosure 2.—Translation.]
The Minister for Foreign
Affairs to the American
Minister.
Department of Foreign Relations,
Mexico,
December 2, 1912.
Mr. Chargé d’Affaires: I have the honor to
inform you that upon examination of the claim presented through the
Embassy against the Government of Mexico by Messrs. Daniel E.
Sherron and Jack D. Van Horn, for the sums of $4,453.40 and
$1,065,20, respectively, as the value of merchandise alleged to have
been destroyed by revolutionary forces, such claim is considered
unfounded, inasmuch as it is a universally recognized principle of
international law, which has always been observed by your
excellency’s Government as well as by that of Mexico, that no State
is legally responsible for damages and prejudices which during an
insurrection or civil war may be suffered by foreigners at the hands
of rebels, as under such circumstances they should suffer the same
consequences as the natives.
Therefore the Government of Mexico declines all responsibility and
does not accept the claim of Daniel E. Sherron and Jack D. Van
Horn.
I avail [etc.]
