File No. 412.11/149.
The American Ambassador to the Secretary of State.
Mexico, January 8, 1913.
Sir: I have the honor to invite the attention of the Department to the apparent discrepancy and inconsistency in the character of its various instructions to this Embassy on the subject of the claims of American citizens. In the Department’s telegram of April 14th, [1912], 3 p.m.2 the President’s views of the attitude of the United States towards claims was given and the following definition of our position was made:
The enormous destruction, constantly increasing, of valuable American properties in the course of the present unfortunate disturbances, the taking of American life contrary to the principles governing such matters among all civilized nations, the increasing dangers to which all American citizens in Mexico are subjected, and the seemingly possible indefinite continuance of this unfortunate situation compel the Government of the United States to give notice that it expects and must demand that American life and property within the Republic of Mexico be justly and adequately protected, and that this Government must hold Mexico and the Mexican people responsible for all wanton or illegal acts sacrificing or endangering American life or damaging American property or interests there situated.
This instruction, as the Department is aware, was given wide publicity at the time of its issuance, both in the American and Mexican press, with the natural result that numerous Americans were encouraged [Page 925] to present their claims against the Mexican Government believing that the above was the policy of the United States. Ever since April these claims have been presented with frequency and as no tangible results have been obtained the claimants are naturally desirous of knowing whether they may expect any action on the part of the United States.
On December 2nd, however, the Department, in its No. 1116,1 informed the Embassy, in the care of Carlos A. Miller, that:
You are instructed to advise Mr. Kearful that when the general question of the claims of American citizens against the Government of Mexico growing out of the recent revolutionary disturbances shall be taken up, the Department will give careful consideration to the claim of Mr. Miller.
In the meantime, you will invite Mr. Kearful’s attention to the following generally accepted principles of international law: That a claimant against a foreign government is not usually regarded, subject to certain exceptions not at present necessary to consider, as entitled to diplomatic intervention by his own government until he has exhausted his legal remedies in the appropriate tribunals of the country against which he makes the claim; and that a sovereign government is not ordinarily responsible to alien residents for injuries they may receive within its territories from insurgents whose conduct it cannot control.
On December 19, again, in its instruction No. 1142,2 the Department, in the case of Daniel E. Sherron et al., in which the Mexican Government had stated that–
No State is legally responsible for damages and prejudices which during an insurrection may be suffered by foreigners at the hands of rebels.
replied that—
You are instructed to write a note to the Mexican Foreign Office, acknowledging the receipt of its note of December 2, regarding the claim of Sherron et al., and informing it that the Government of the United States can not admit the existence of any such unqualified rule as that stated by the Mexican Government, and that full reservation must be made of the right of this Government further to press this matter in connection with the hundreds of other claims which, it is now apparent, this Government must ultimately present to the Government of Mexico for settlement.
For the protection equally of the Department and of this Embassy in replying to claimants or would-be claimants, it would seem imperative that the Government of the United States adopt a fixed policy in regard to claims and inform interested persons either that the United States will hold Mexico liable for just claims or that it will not. Sooner or later our Government will have to decide this matter and the longer it is postponed the more difficult it will be, and the more innocent and meritorious claims will suffer.
I have [etc.]
- For. Rel. 1912, p. 787.↩
- Not printed; File No. 412.11M612.↩
- Not printed; File No. 412.11/146.↩