812.00Detention/6: Telegram

The Secretary of State to the Ambassador in Mexico (Morrow)

124. [Paraphrase.] The following is General Lassiter’s report regarding the circumstances attending the taking of refuge by the Mexican Federal forces in El Paso from Ciudad Juarez. [End paraphrase.]

“General Moseley’s report herewith ‘In order that War Department may have a complete understanding of present status of Federal forces now temporarily detained at Fort Bliss it is necessary to give a record of events leading up to the withdrawal of said Federal forces into United States territory. Before fight began Federal and rebel commanders had been cautioned to so conduct their activities as to properly safeguard American lives and property. Thorough warnings were given by me direct to Federal Commander and by messages telephoned to General Caraveo who communicated them to officers commanding rebel columns. General Ramos did not attempt to defend Juarez from its southern edge but occupied positions in the center of the city. He was driven from those positions and finally occupied the river bank opposite the city of El Paso where the two cities practically join. When shots began to fall in El Paso I joined General Ramos in this position. A frontal attack against this position would have meant serious loss of life in El Paso. Just as soon as I was reliably informed that human beings in El Paso had been wounded and after having heard shots going into El Paso over our head I asked for General Ramos for permission to pass his lines for the purpose of conferring with the Rebel Commander. This he refused at first but later granted. About this time Robert O. V. Pesqueira appeared on the scene having flown from Mexico City and claiming to be the personal representative of President Gil. He exhibited to General Ramos a letter which I understand confirmed his status and his authority. Pesqueira urged General Ramos to stop fighting pointing out to him that his position was hopeless and that the Federal authorities of Mexico City would not want the fight to continue knowing that El Paso would be seriously involved. I then left to confer with General Valle, informing him of the damage already done in El Paso and that I would not allow him to make a frontal attack on the Federal position. At this time General Valle had captured the entire city except the levee along the river bank at the very north edge of Mexican territory. General Valle reported that he had endeavored in every way to prevent injury to American life and property and he deeply regretted damage already done. As firing had already ceased I persuaded General Valle to accompany me for conference with General Ramos. The two commanders met at the Mexican end of the Santa Fe Street International Bridge. Three propositions were open to General Ramos. First, To continue the fight. This I would not permit from the present positions of the two forces. As a matter of fact General Ramos had no real desire to continue the fight realizing the hopelessness of his position. Second, The rebel commander agreed to accept the surrender of the Federal forces guaranteeing the protection of their [Page 361] lives in every way. These terms General Ramos did not desire to accept. Third, The rebel commanders would permit the passage of the Federal forces to Fort Bliss where I would detain them disarmed until instructions from Washington were received for their final disposition. At this point General Ramos asked permission to go to the Mexican consulate in El Paso and confer directly with General Calles by telephone. This was granted and he made the trip accompanied by the Mexican Consul General Enrique Liekens. Upon return after some delay General Ramos stated that they had conferred with General Calles. General Ramos then agreed to move his troops to Fort Bliss where they would be detained pending instructions from Washington. It was understood by both sides that the Federal forces would be disarmed and detained at Fort Bliss only until I had reported the matter to Washington and until order for their final disposition had been received. In disposing of this case I believe the rule of absolute fairness should govern and that if these troops are permitted to reenter Mexico at some point controlled by the Federal authorities they should not again be employed during the present emergency’. I recommend that the Mexican troops be sent under guard to Eagle Pass for entry into Mexican territory and that you determine the disposition to be made of their arms. No advance publicity should be given of the movement.”

With reference to these Federal troops who took refuge in El Paso, and the request of the Mexican Government made through its Embassy here that they be returned to Mexico via Eagle Pass, the President feels that under all the circumstances attending the entry of those troops into the United States, we are under a moral obligation at least to see that they shall not be re-incorporated into the Federal military forces during the existence of this revolution. He therefore wishes you to ascertain:

(1)
Whether the Mexican Government is willing that the refugee troops and their families should remain at Fort Bliss at the expense of the Mexican Government which he would prefer, or
(2)
Whether, if the Mexican Government is not willing to agree to this, that they would have them reenter Mexico at Eagle Pass on parole not to engage in military service in the Federal army during the existing revolution.

[Paraphrase.] It is our understanding that according to the principles of international law the United States has no right to intern Mexican troops seeking refuge in this country unless these troops are engaged in international conflict or in a conflict between the forces of a recognized Mexican government and another recognized belligerent. We do not, of course, recognize the present rebels as belligerents, but from General Lassiter’s report it seems that the Government of Mexico approved the arrangements made between the Federal and rebel commanders by which these troops were admitted. [End paraphrase.]

Kellogg