Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 7, 1915

File No. 704.6712/10.

Consul Schmutz to the Secretary of State.

No. 326.]

American Consulate,
Aguascalientes, June 19, 1915.

Sir: I have the honor to report that in the matter of the confiscation of the merchandise of the Ottoman subject, Nicolas Allende, which I reported to the Department in my despatch No. 322 of June 15, I have to advise that General Villa refuses to admit my right to represent Mr. Allende in this matter and said that the matter should be taken up by the consular or diplomatic representative of the Ottoman Empire (see copy of letter from General Villa enclosed herewith).

In my despatch No. 312 of June 1st, 1915, I reported to the Department that I had read in the El Paso Times that the German Consul in San Luis Potosí, who includes Aguascalientes in his consular district, had been appointed to represent the subjects of the Ottoman Empire, but when I referred the Allende matter to him, he writes that he only represents the Ottoman subjects in the State of San Luis Potosí and not in his entire district.

Under these circumstances I would respectfully request the Department to instruct me as to my obligations towards subjects of the Ottoman Empire in my consular district, to whom, under unnumbered instruction from the Department of January 9, 1915, I was instructed to extend my “unofficial good offices” now that General Villa refuses to receive my intercession in their behalf.

I have [etc.]

Gaston Schmutz.

[Inclosure—Translation.]

General Villa to Consul Schmutz.

Aguascalientes, June 15, 1915.

Dear Sir: In answer to your kind letter of today I will state that, as Mr. Nicolas Allende is a subject of the Ottoman Empire, his claim ought to have been presented by his Consul or by the Representative of the Ottoman Empire; however, out of deference and as a matter of courtesy toward you, I will give you the following explanation:

The order which warranted the officer you mention in entering the business house of Mr. Allende was signed by General Benito Díaz, Governor of the State, which official ordered the confiscation of the goods claimed by Mr. Allende, the reason being that he had them hidden because they belonged to an enemy of our cause who has expatriated himself to the United States; on the other hand, Mr. Allende paid taxes to the Government for the conduct of a dry-goods business, whereas what he had in stock was groceries, which fully verifies our assertion.

I remain [etc.]

Francisco Villa.