612.112/45: Telegram
The Secretary of State to the Chargé in Mexico (Summerlin)
77. Your despatch 8225 January 17 Esperanza case.18 Referring to your representations pursuant to Department’s January 23, 4 p.m.18 you will urgently request Foreign Office to take prompt action looking to remission of all further payment of duties by shippers on Esperanza, pointing out that under applicable rules and principles of international law these American citizens were entitled to pay charges to persons exercising de facto authority in Vera Cruz and having made such payment to be free from further obligations in the matter. You will add that if, as stated by Foreign Office, Mexican law requires exaction of a second payment of duties that law clearly conflicts with principles of international law which Mexican Government will doubtless be desirous of following and observing.
In this relation you will recall to attention of Foreign Office that Esperanzaa entered Vera Cruz and loaded her cargo there before receipt of any notice of refusal to clear vessels for that port and that [Page 441] in order to proceed on her voyage she had no option but to pay charges exacted by de facto authorities.