File No. 812.63/247
The Secretary of State to Mr. Parker, representing American interests
Washington, November 10, 1916, 6 p.m.
541. Repeat representations concerning mining decree made in accordance with Department’s 441, September 23, 6 p.m., and add following:
The apparent consequence of the mining decree of September 14 last would seem to be confiscation, in violation of the principles of international law and of laws emanating from the Mexican Constitution, and the failure of the de facto Government to respond to representations relative to this decree creates an unfortunate impression as to the purpose of its issuance. American property rights which have become vested under laws mentioned are entitled to protection under the Mexican Constitution, and the Government of the United States holds those rights to be inviolable and entitled to full protection of the de facto Government of Mexico.
In considering the subject matter of this decree and of the decree imposing greatly increased taxes upon owners of mining properties, it would appear that the de facto Government ought, on grounds of justice and equity, to give heed to its responsibility for the vast amount of damages which has already been caused to American-owned properties in Mexico, an obligation which an independent and enlightened nation cannot fail to perform without loss of the respect of other nations.
Therefore, the United States Government, in behalf of American interests, cannot permit the enforcement of the decree requiring mine owners to operate their mines continuously and to resume operations within 60 days, to pass without protest, on the ground that it is essentially illegal and confiscatory in character.
You will conclude by stating that the United States Government requests the courtesy of an early reply to these and its former representations on this subject.