[Enclosure—Memorandum—Translation36]
The Mexican Minister for Foreign Affairs
(Sáenz)
to the Secretary of
State37
I have transmitted to the President the personal appeal which you in
a friendly manner were good enough to make to me in order
legitimately to remove the clouds which you say you perceive upon
the horizon of friendship between Mexico and the United States,
without thereby implying in the slightest a criticism of the
legislation which Mexico as a sovereign state is at present
elaborating.
After asserting the foregoing you are pleased to propose the
negotiation of a treaty of amity and commerce between the two
nations, a treaty of which there has been talk since July 1924. You
now judge that there are no longer any impediments to its
conclusion, so that it may serve as a pledge for the establishment
of the mutual relations of both countries upon a firm basis.
You again add that the proposal of the treaty has no connection with
the pending legislation in Mexico. You say, however, that there are
certain considerations that are now causing you concern, and you
refer to the fact that American citizens who have acquired rights in
this country will appeal to your Government which is naturally bound
to do its utmost on their behalf. Therefore you believe that the
situation may become extremely confused and intimate that the two
Governments must always bear in mind the letter and spirit of the
proceedings of the Mixed Commission which convened in Mexico City on
May 14, 1923, the conclusions of which you do not believe that the
Mexican Government wishes to contravene, and you call attention to
the economic aspects and consequences of the new legislation.
You finally express the hope that nothing will be done which might
affect the good relations between the two countries, and that the
mutually constructive policy initiated during the Presidency of
General Obregón will be continued.
The foregoing has been considered by President Calles, and he
requests me to say to you as follows:
[Page 539]
“In his opinion there is absolutely no cause for perceiving
clouds upon the horizon of friendship between Mexico and the
United States since the Mexican Government is disposed, as
it has ever been, to fulfill all the obligations imposed
upon it by international law, and since surely the United
States will be under no necessity to contravene them. The
Mexican Government, therefore, is disposed to negotiate with
the United States a treaty of amity and commerce provided
such treaty shall protect the legitimate interests of both
countries and bear a character of strict and effective
reciprocity and of recognition of and respect for the
sovereignty of the two contracting parties. You manifest a
decided intention of not wishing to interfere with the
Mexican legislation which is being elaborated nor of
criticising it; but as you repeatedly refer to it, I am
constrained to understand that it is this legislation which
causes you concern and which you believe may injure American
interests and conflict with the friendly spirit of the
conversations of Messrs. González Roa and Ross, on the one
hand, and Messrs. Warren and Payne, on the other, in May
1923. Therefore I wish to make to you the following
explanations:
- “1. The conferences which took place on the
above-mentioned date of May 1923, did not result in
any formal agreement other than that of the claims
conventions which were signed after the resumption
of diplomatic relations. Those conferences were
limited to an exchange of views intended to see if
it was possible for the two countries to renew those
diplomatic relations, and during the conferences
President Obregón explained through his
Commissioners his intention to follow a policy of
understanding with the United States as well as with
the other countries of the world—a policy which, in
the main, consists of extending a friendly reception
to foreigners and capital that would settle in
Mexico and giving them the guarantees which are
granted to them by our laws.
- “2. The legislation pending in the Chambers which
in any way refers to foreigners is based precisely
on this policy. For example, the law which regulates
section 1 of article 27, which has been approved by
the Chamber of Deputies and which is pending in the
Senate Chamber, has respected in their entirety
acquired rights, as an unbiased examination can
prove.
Furthermore, this legislation has been inspired with the
object of eliminating the vagueness in this section, which
was much more injurious to the very foreigners it concerned.
It embodies only the practice towards foreigners that has
been followed from 1917 to the present, without any protest
being heard from them in years. I should regret if you were
misinformed in this regard and, without any wish to assume
the part of adviser, I take the liberty to call your
attention to the very human fact that individuals and
capital are generally opposed to any innovation, even though
such innovation does not mean any invasion of their
rights.”
With the foregoing explanations I wish to say to you that the
President and I are inspired by the best wishes to continue
cultivating the good relations between Mexico and the United States,
and I repeat again, that we should view with much pleasure the
initiation
[Page 540]
of negotiations
for a treaty of amity and commerce between the two countries since
the treaty could contain only fair stipulations which would not
establish undue privileges for the respective citizens nor attempt
to obstruct in any way the sovereign power to legislate to which
both nations are entitled within the bounds of international
law.
I believe that in this way I am showing you the friendly manner in
which both President Calles and I have received your personal
appeal, and I now renew the expression of my high consideration.
[Mexico,] November 26,
1925.
