File No. 812.00/17867

Mr. Arredondo to the Secretary of State

[Translation]

[Marginal note by the Secretary of State: “Handed me by Mr. Arredondo, 2.30 p.m., April 13 ’16. R. L.”]

Mr. Secretary: I have the honor to transmit to your excellency the full text of the following note which I have just received from my Government:

Querétaro, April 12, 1916.

Mr. Secretary: The Mexican Government, in its desire to keep cordial and unalterable the good relations of friendship which ought to exist between Mexico and the United States, not only because this is the sentiment which animates the Government itself, but owing to its desire to satisfy the spirit of Article 21 of the Treaty of Friendship concluded between the two countries under date of February 2, 1848, and in view of the lamentable occurrences which took place at Columbus on March 9, last, recalling historic precedents with respect to similar cases, did not hesitate to make to the Government of the United States of America, under date of March 10, a proposition according to which the forces of both countries might reciprocally cross the boundary line in pursuit of raiders, if unfortunately there should be repeated along the frontier incidents such as that which occurred at Columbus, for, from the very first, the Mexican Government considered that, in view of the time which had elapsed and inasmuch as it was a question of a case already past, said incident could not be comprised within the proposition for a reciprocal passage of troops. For this reason the note of our Government, delivered under date of March 10, very clearly indicates that the proposition embodied therein was conditional, or, what is the same, that reciprocity could take place only provided the irruption recorded of Columbus were unfortunately repeated at any other point along the boundary line.

The American Government, relying on the text of the aforementioned note and without having thoroughly comprehended its whole purport, conditionality and limitations, but rather believing in the existence of a definite agreement as indicated by the terms of the note of March 13, wherein it is stated “that the United States Government understands that in view of its consent to this reciprocal arrangement proposed by the de facto Government, this arrangement is now complete and in force and that the aforementioned reciprocal privilege may be exercised by each Government without future exchanges of ideas,” considered itself authorized accordingly to send an expedition to Mexican territory which it has called punitive, for the purpose of pursuing and punishing Villa and his party of raiders, which expedition it sent several days after the malefactors had returned into Mexican territory.

On the 17th of March, the Mexican Government sent a note to the American Government through our confidential agent at Washington, Mr. Licenciado Eliseo Arredondo, stating to it that it had received reliable information to the effect that, without the consent or advice of the political or civil authorities of our territory situated the nearest, and without any communication being sent meantime by the American to the Mexican Government a so-called punitive expedition had passed via Palomas with a view to pursuing Villa and his party, and in consequence said confidential agent was instructed to call the attention of the United States Government to the facts that a false interpretation was being given to the text of the note of March 10, inasmuch as, [Page 516] while the Mexican Government was willing to adhere to its proposition regarding the reciprocal passage of troops, nevertheless, no expedition could be sent until the terms and conditions of the agreement on the subject should become definite.

This Government, in its note of March 17, insisted that the reciprocal passage of troops should be permitted only “provided, unfortunately there should be repeated in future irruptions such as that as occurred at Columbus or of any other kind at some place along the boundary line”

Meanwhile, the Mexican Government, faithful to the proposition made and with the intention of strictly living up to its agreement, set about at once to prepare the draft of an agreement for the reciprocal passage of troops, which draft was presented in due form to the United States Government on March 18, last, it being hoped that the terms and conditions set forth in said agreement would meet its approval. The American Government, through our aforesaid confidential agent, communicated that it tentatively accepted the agreement and that only points of mere detail were being studied in order to render the agreement definite. At this stage of affairs a note was presented on March 19, to this office by the Honorable Mr. James Linn Rodgers, as representative of the American Government in this city, requesting that the proper authorities of Chihuahua be given the necessary instructions to permit the transportation to Casas Grandes, over the Northwestern Railroad of Mexico, of some provisions for the American troops who were pursuing Villa and his party and on the same date the Mexican Government, without complying with this request, answered the said note on the part of the United States Government, American troops had crossed into Mexican territory, and that these troops were already at Casas Grandes or its vicinity, the surprise being increased by the fact that an endeavor was being made through the proper channels and, on account of the lamentable occurrences at Columbus, to perfect arrangements with respect to the terms and conditions of an agreement for the passage of troops of both countries, in accordance with the spirit of the note of March 10 as aforementioned.

On March 18, our confidential agent at Washington, had an interview with the Honorable Mr. Frank L. Polk, then Acting Secretary of State, the latter having stated to our confidential agent that he regretted not having received the observations of the Mexican Government prior to the passage of the American forces over the boundary, which observation would have been duly heeded and he assured him that the passage of these troops took place with the best of good faith in the understanding that it would not be necessary to enter into further details of the agreement, which was considered final and concluded. These declarations made by the Honorable Mr. Polk were confirmed in all their parts at the conference held on March 23 by our confidential agent with your excellency who likewise stated that he regretted having misinterpreted the contents of said note respecting the passage of troops which latter would not advance any further south from the place where they were at that time as he assured our confidential agent.

On March 19, the Honorable Mr. Polk addressed a letter to our confidential agent at Washington, ratifying to him in writing the conference held on the day before and stating to him in a clear and positive manner that it was a cause of sincere regret that there should have been a misunderstanding in regard to the attitude of the First Chief with respect to the crossing of the border by troops of the United States in pursuit of Villa, for the Department of State of the United States thought that our Government had given its full consent to an arrangement like that proposed by the then Secretary of Foreign Relations, Señor Licenciate Jesus Acuña, in his note dated March 10, which arrangement the Government of the United States accepted by note of the 10th of March which was delivered to this Government by Special Representative Silliman and under which the troops of either nation could, subject to certain conditions, pursue bandits on the territory of the other.

In the declarations publicly made on March 26, by His Excellency President Wilson, that functionary used the following language: “As has already been announced, the expedition to Mexico was ordered under an agreement with the de facto Government of Mexico for the sole purpose of capturing the bandit Villa, whose forces had just invaded the territory of the United States, and under no pretext has it been a case of invading that Republic or violating its sovereignty.” This view expressed by His Excellency President Wilson was corrected under date of the 31st, of the same month of March through a measure sent to our confidential agent in Washington by [Page 517] which he was instructed to interview your excellency and duly call your attention to the view indicated since the note dated March 10 bears on the reciprocal passage of troops solely in the case of a recurrence of incidents like that which took place at Columbus.

Lastly, your excellency, under date of the 3d of the current month, on delivering to our confidential agent the counter draft of agreement for the reciprocal crossing of troops with a view to its being offered to the consideration of the Government of Mexico, accompanied with a note in which you say that the American Government trusts that the conditions set forth in the said agreement will not apply to the American forces at present on Mexican territory in pursuit of Villa, with assurances that, in exercising that privilege of entering our territory, those forces would confine their military operations to the sole purpose of the expedition and would immediately thereupon return to their own country, and your excellency expresses thanks to the Mexican Government for achieving, as put by you, a convention by means of which the forces of the United States are given permission to pursue Villa and his party on Mexican territory, in the understanding that the American Government is disposed to respect the confidence therein evinced and will not in any way violate the sovereignty of Mexico or misuse the privilege so generously and freely granted to it.

Now the Government of Mexico, in proposing to that of the United States the conclusion of a formal convention for the reciprocal passage of troops in perfect accord as to the terms and conditions that are to govern such a passage and relying on the character and nature of the notes exchanged on the subject, as they are drawn from this note, necessarily believed in the supposition that the American Government was fully convinced that the expedition sent forth on Mexican territory in pursuit of Villa is without a foundation because of there existing no previous agreement on the subject which has been the only motive of the discussion until this moment.

Furthermore, the Honorable Secretary of State Polk, in the conference with our confidential agent in Washington, stated that the Government of the United States had acted in good faith in sending its expedition into Mexico in pursuit of Villa, in the supposition that the note of March 10 contained a definite agreement; and that the American Government agreed that the expedition should remain on Mexican territory only while the details of the agreement were being concluded.

If now the American Government pretends that the expedition sent against Villa should be considered as an exceptional case, and that it should remain outside of the terms of the agreement, it appears altogether useless to continue discussing the conditions and details of same, because these details can be taken up later if it is considered necessary, should a repetition of the lamentable incidents happening at Columbus occur.

In consequence of the above, as a definite agreement has not been reached in respect to the terms of the agreement or treaty, which would in general govern the reciprocal passage of troops across the border, for the sole purpose of pursuing foraging bands which, in the future, may commit depredations in either of the countries, the Government of Mexico believes that it is advisable, for the present, to suspend all discussions or negotiations relative to this matter, and considering that the expedition sent by the Government of the United States to pursue Villa is without warrant, under the circumstances, because there existed no previous formal or definite understanding, and because this expedition is not fulfilling its object and undoubtedly cannot do so, because the band headed by Villa has already been dispersed, and finally, because there are sufficient Mexican troops to pursue him and that more forces are being sent to exterminate the rest of the dispersed band, the First Chief of the Constitutionalist Army, invested with the executive power of the Union, considers that it is now time to treat with the Government of the United States upon the subject of the withdrawal of its forces from our territory.

I take this occasion, Honorable Mr. Secretary of State, to reiterate to your excellency the assurances of my very distinguished consideration.

C. Aguilar,
Secretary of Foreign Relations

Accordingly, it gives me pleasure to reiterate to your excellency the assurances of my highest consideration.

E. Arredondo