412.11 C 8315/–
The Chargé in Mexico (
Schoenfeld
) to
the Secretary of State
Mexico
,
August 19,
1927.
[Received August 25.]
No. 4696
Sir: Referring to my telegram No. 317 of
today,80 relating to
the expulsion from Mexico of Mr. Joseph de Courcy, correspondent of the
New York Times, I have the honor to append
herewith a translation from an article which appeared in Excelsior of this morning, giving a statement
issued yesterday by the Foreign Office implying that the Embassy, in its
representations regarding the harsh treatment accorded Mr. de Courcy,
objected to the application of Article 33 of the Mexican Constitution:
“The Chargé d’Affaires of the United States did in fact formulate
a representation in this matter, but, as it was a question of a
political measure which is applied, not only in Mexico, but in
the Republic to the North and in the other civilized nations of
the world, the Ministry of Foreign Relations is not in a
position to heed these representations.
“On the other hand, we constantly receive reports here regarding
expulsions and deportations of Mexicans effected by the
authorities of the United States, and naturally, for the same
reason, our Embassy in Washington does not question the right of
the American Government not to permit the residence in that
country of undesirable aliens.”
I have also the honor to transmit herewith a copy and translation of a
note which I have received from the Foreign Office dated August 18th,
substantiating the foregoing statement and asserting that the Government
of Mexico could not recognize the protest of the Government of the
United States.
I have [etc.]
[Page 257]
[Enclosure—Translation81]
The Mexican Acting Minister for Foreign
Affairs (
Estrada
) to the American
Chargé (
Schoenfeld
)
Mexico
,
August 18,
1927.
No. 13363
Mr. Chargé d’Affaires: I have the honor to
refer to Note No. 2197 of August 12th,82 in which you inform me of certain details
related to the detention of the American citizen Joseph de Courcy.
You say that you have received telegraphic instructions from your
Government to make an emphatic protest against what it calls the
harsh treatment accorded De Courcy, and to point out that the
failure of the Mexican authorities to inform the Embassy of the
detention and of the charges on which the above-mentioned De Courcy
was detained, and the “pretensions” of the Mexican authorities to
have no knowledge of the arrest, despite the fact that the Embassy
was already informed of what had occurred through other sources and
had inquired at the Ministry for Foreign Relations, is in violation
of the informal understanding reached three years ago between the
Embassy and the Ministry for Foreign Relations. It is added that you
have received urgent instructions from your Government to request
the Government of Mexico to instruct the competent authorities to
the end that in the future American citizens may not be subjected to
detention of this sort without a formal charge having been brought
against them, and that they may in all cases be permitted to
communicate with their Embassy or with the Consulate General, and,
further, that the Embassy be notified of such cases in accordance
with the understanding which you say exists on the subject.
In reply, I have the honor to inform you that the expulsion of
pernicious or undesirable aliens, as is universally known, is a
simple matter of public order which governments have the exclusive
right to exercise, as does your Government, and that I am not aware
of the terms of the informal understanding to which your note
refers, therefore, the Government of Mexico cannot recognize the
protest of the United States; that I do not yet desire to refer to
similar cases which have occurred between American authorities and
Mexican citizens, but only to call your attention, at the present
time, to the fact that our Embassy in Washington, respecting the
sovereignty of that country, does not present claims in such cases,
even though many of them might justly be the basis for a
representation; and that in order to govern whatever decisions my
Government may reach, I request you to inform me whether the
Government of the [Page 258] United
States of America is disposed to treat with or previously to notify
our Embassy in Washington regarding cases of expulsion or
deportation of Mexican citizens, pernicious or undesirable, from its
territory.
I avail myself [etc.]
