Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 7, 1915
File No. 812.00/15103.
The Confidential Agent of the Provisional Government of Mexico to the Secretary of State.
Excellency: By instructions of Mr. Diaz Lombardo, I have the honor to transmit herewith copy of decree of the Provisional Government, No. 7, dated May 7, 1915, relating to the alienation of real and personal property of certain persons concerned in the coup d’état of February, 1913, and more lately in the fomentation of rebellion against the authority of said Government.
Please accept [etc.]
Department of Foreign Affairs and Justice.
decree no. 7.
Francisco Villa, General in Chief of the Conventionist Army operating in the North and Center of the Republic, by virtue of the powers conferred upon me by the decree of February 2 of the present year—
Whereas, the greater number of the persons implicated in the overthrow of the lawful government of Señor Madero, and in the crimes and offenses both of a political and military nature connected therewith, have sought asylum abroad in order to escape the action of justice, in so far as relates to the personal liability they have incurred as well as to the civil responsibility they are under toward the nation and to the persons who have been made victims; and
Whereas, the principal authors and accomplices have been joined abroad by many persons who sympathize with the reactionary cause, and who, while not guilty of active participation in the events of the coup d’état, yet favored and aided the administration of the usurper, thus hindering the triumph of the Constitutionalist cause; and
Whereas, for the purpose of preventing the enforcement of these pecuniary liabilities, or with the intent to foster openly abroad a counter movement of a reactionary character, all these guilty parties and their partisans are effecting operations, either genuine or pretended, for the transfer, lease, hypothecation, [Page 693] or other disposal of the properties they still retain in the country, by conveying their interests to private persons or corporations, foreign or domestic, whose violation of the laws cannot, owing to especial circumstances, be fully shown;
And lastly, whereas, if the Government of the Convention does not take steps to put an end to the evils above referred to, the civil liability in which these guilty parties have incurred cannot be enforced, and the conspirators will be left the pecuniary means of renewing once again the struggle between the Democratic Party and the reactionaries—
Now, therefore, I have seen fit to decree as follows:
Article 1. Until such time as the lawfully constituted authorities shall have issued an’ amnesty decree, the criminal and civil liabilities of all authors, accomplices and abettors of the crimes of rebellion, treason and usurpation of authority committed against the lawful government of Señor Madero and against the various State governments, from the 9th of February, 1933 to the 15th of August, 1914, and for the offenses of common or military order connected with the above-mentioned events, shall remain absolute.
Article 2. Similarly, the criminal and civil liability is absolute in the case of all persons who cooperated in the administrations of the usurpers Huerta and Carabajal—by serving either by appointment issued by the said persons or by virtue of so-called elections during the period above referred to—in the offices of Senators and Deputies to the Federal Congress or the State Legislatures, of Secretaries or Assistant Secretaries of Departments, of Governors of States, of Treasurer of the Federal Government, or of the various State Governments, Chiefs of the Treasury Department Bureaus, Postmasters, Telegraph Director, Federal or State Justices, District Judges, and in general, of any political office requiring the trust of the authorities or adhesion to the cause of the usurpers.
Article 3. Similarly, the criminal and civil liability of all persons at present engaged in fomenting, either within or without the Republic, conspiracies or rebellions against the lawful Provisional Government of the Convention, is absolute.
Article 4. In order to prevent that by means of pretended or genuine operations the persons enumerated in the foregoing articles may elude the civil liability created by the said articles, as well as for the purpose of preventing their disposing of elements with which to foment a counter-revolution of reactionary character, all transactions, whether pretended or genuine, are hereby declared null and void in so far as they relate to property, movable or immovable, of any nature whatsoever, either situated or at present within the Republic, belonging to the said persons or in which they may have any interest by virtue of usufruct, use, habitation, emphyteusis, partnership, or any other real or personal right in or to the said properties.
Article 5. For the purpose of the foregoing article all attachments shall have the force and effect of a tacit and preferred mortgage, even though no absolute attachment shall have been in reality made.
All personal property which shall not have been secured, but whose ownership cannot be proved at law, and title to which shall not have been conveyed in fact by the owners thereof up to the date of the present decree, shall be subjected to government liability, notwithstanding the fact that a sale or other transfer may have been subsequently made.
Article 6. All contracts entered into abroad by Mexican or foreign corporations shall require for their validity the approval of the Executive, whenever the said contract shall relate to properties situated within the Republic.
Article 7. The Executive shall be empowered to authorize the contracts referred to in the foregoing article, whenever the interested parties shall present satisfactory proof that they do not come within any of the provisions of Articles 1, 2, and 3 of this Decree, and provided also the transfer be bona fide.
Article 8. Whenever a corporation, organized according to the laws of Mexico, or according to foreign’ laws but domiciled within the Republic or owning property within the same, any one of whose members shall be comprised within the persons described in Articles 1, 2 and 3 of this Decree, shall attempt to convey its assets and liabilities, or to reorganize under new conditions, or to effect a merger with any other corporation, all shares pertaining to such persons shall be subject to liability in favor of the Nation, and only on this basis and with the approval of the Executive may any contracts be binding which relate to the organization or merger, etc., of corporations, in so far as concerns property situated within the Republic.
[Page 694]Article 9. All foreigners and Mexican citizens residing abroad who shall attempt to celebrate within the Republic any operation of sale, exchange, transfer, etc., of any property situated within the said Republic of Mexico, or to be there found, including shares of stocks, bonds, Federal or State debt certificates, or of companies domiciled in the Republic or with branch establishments therein, shall inform themselves as to whether said properties are subject to any liability.
Article 10. In order to prevent that persons resident in foreign countries may be deceived by the owners of properties to which this, decree refers, this said decree shall be given due publicity by the Confidential Delegations or Commercial Agencies, Consulates, and by the Press, and it shall likewise, be brought to the attention officially of Foreign Governments, in order that their respective subjects and citizens may not be harmed or suffer any prejudice by reason of lack of knowledge, in the event of their entering into any of the said operations.