File No. 812.6363/143.
Vice Consul Bevan to
the Secretary of State.
No. 1248.]
American Consulate,
Tampico,
October 20, 1914.
Sir: I have the honor to acknowledge the
Department’s instruction advising that the Department is awaiting the
receipt of the Governor’s reply to the inquiry addressed to him by this
office relative to his interpretation of his decree relative to leases
on oil bearing lands in the State of Veracruz.
In am enclosing herewith copies and translations of his reply to the
same.
Aguilar strongly implies his decree is retroactive, using the argument of
a preceding decree which disowned and declared null all acts of the
Huerta administration. By taking advantage of this old decree which was
issued at the beginning of the Huerta administration, he states that
neither Article 14 of the Federal Constitution, nor Article 5 of the
Civil Code of the State of Veracruz, which prohibit the passing of
retroactive laws, have been violated, as these articles could not be
justly interpreted as applicable to acts already previously declared
null and illegal by a preceding decree.
Referring to the fourth paragraph of my letter stating that Colonel
Benignos, Jefe de Armas at Panuco, Vera Cruz, advised several
representatives of oil companies, that in his opinion Governor Cándido
Aguilar did not intend to give the decree a retroactive effect, the
Governor replied that his subordinate officers were not vested with
[Page 715]
authority to interpret his
decrees, and that their opinions are unacceptable because
unauthorized.
Notwithstanding the foregoing the Governor does not openly state in plain
unmistakable language that the decree is retroactive. He skillfully
avoids committing himself in writing to this extent, but there is no
doubt that he intends it to be so construed by this office.
I have [etc.]
[Inclosure—Translation.]
Governor Candido Aguilar to Vice Consul Bevan.
Jalapa,
October 13, 1914.
Esteemed Sir: It is highly pleasing to me
to reply to your letter of the 11th of September last past in which
you request some information with respect to the decree which I
issued under date of the 3rd of August of the current year relative
to contracts upon petroleum bearing lands in this State, and desire
me to inform you in regard to some details which you believe
necessary for protecting American interests which at present are
found in your care.
Although the decree referred to, which must be understood applicable
for consonance with another just preceding by which were disowned
and declared null all acts of the overthrown government of the
usurper, it is inspired by the most sane and honest spirit of
morality and of justice and does not prejudice in the least the
interests entrusted to your active and able protection, considering
that it only is to establish a previous formality protective of the
fiscal interests and above all those of the helpless people who do
not know generally the consequences of the contracts which they
celebrate upon productive and very valuable petroleum bearing lands,
I have not the least objection to advising you, as I do by the
present of the details which you request for the purpose which you
kindly indicated to me.
Wherefore, I now permit myself to state to you in response to your
questions included in your said letter: that yes it is indispensable
in conformity with the decree mentioned that all contracts which may
be celebrated upon petroleum bearing lands in the Cantons of
Ozuluama, Tuxpam, Tantoyuca, Chicontepec, Misantla and Minatitlan be
presented for the approval of the superior government of the state,
not in minutas, as you believe can be done, but in the original
escrituras, before being signed by the contracting parties and
before being authorized by the respective notary; or in terms most
clear and precise the Government under my charge prohibits
absolutely the taking of minutas of contracts upon lands situated in
the Cantons referred to on account of same not having any validity
even though they may be authorized by some notary.
The decree upon petroleum bearing lands in the clear and precise
terms in which it is drawn must be punctually obeyed by all those
who may have the necessity of celebrating contracts of the nature to
which same refers; and there are no serious obstacles to this in
Article 14 of the Federal Constitution, nor article 5 of the civil
code of the state which never can be rightly interpreted as
applicable to acts already previously declared null and illegal by a
foregoing decree on account of having been executed by venal
functionaries and betrayers who were in the unconditional service of
a government spurious and immoral emanating from treason and from
crime and therefore out of the reach of constitutional precepts
among which are enumerated those which you invoke.
Also I permit myself to make known to you for your information that
the superior government of the state has not conceded authority to
any of the Jefes de armas to interpret at his free will the terms of
the decree so many times mentioned, since this is the exclusive
faculty of the said government, wherefore any opinion given in that
connection by said jefes is unacceptable because unauthorized.
Hoping that you are satisfied with the explanation (construction or
interpretation) with which I have the pleasure of furnishing you, to
me it is very pleasing to extend to you at the same time assurances
of my attentive consideration.
