812.00Sonora/465: Telegram
The Secretary of State to the Ambassador in Mexico (Morrow)
217. The Department is today instructing American Consul at Guaymas via Nogales as follows:
“In further reply to your telegram received night of March 25 via Nogales25 regarding probable unfavorable if not dangerous developments at Guaymas and vicinity, which suggested the need for the presence of an American vessel, which has now been arranged for, to take off refugees in case of necessity, and in view of the fact that apparently rebel forces are now retreating northward from Mazatlan with the possible result that the conditions you apprehend may shortly arise, you will informally and unofficially make representations orally to the appropriate persons now exercising de facto authority in your district in connection with the present insurrectionary movement, saying that the Government of the United States expects and demands that American life, property and interests shall receive due and proper protection from all wanton or illegal acts sacrificing or endangering them. You will point out that the rules and principles of international law which are applicable to situations such as now exist in your district require that aliens resident in areas so disturbed shall not be made participants in such disturbance; that it is the duty of such aliens to perform no act contrary to the regular laws and constitution of the country; that in any domestic conflict they must be no more than impartial observers; and that it is the corresponding duty of the de facto authority to leave them free from molestation in following this course. The Government of the United States must insist upon the observance of these principles in so far as the lives, property, and interests of American citizens are concerned, and it will seek infliction of due and proper punishment upon all persons responsible for the violation of those principles.
In case any de facto authority in your district violates any of the foregoing principles, you will immediately report the facts thereof and the names of the persons involved to the nearest American consular officer on the border with the request that he immediately notify the nearest immigration officer to the end that such de facto authorities may not, after maltreating American citizens or their property or interests in Mexico, find immunity for their acts in a safe refuge in the United States. You will notify the Department of all such action taken.”
The Department is instructing the American Consul at Nogales26 to be repeated Guaymas as follows:
“International law recognizes that since de facto authorities actually in control of areas either by revolt or by occupation can compel obedience to their demands, aliens within the control of such authorities are protected in paying taxes to them upon demand even though such payment may not meet the provisions of the local law, indeed [Page 374] may be contrary to such law which will probably require payment to those local authorities only who are regularly constituted according to the laws and constitution of country. You will advise Americans making payments of taxes under such compulsion that in order properly to protect themselves they should pay such taxes under protest, which should be made a matter of record in each case as far as possible. Properly authenticated receipts should if possible be secured for all taxes paid.
Furthermore, you will informally and unofficially protest orally to the appropriate persons now exercising de facto authority in your district, first, against the payment of all taxes to insurrectionary authorities by American citizens on the ground that such payment is not in accordance with local law, thus giving basis for the protest of the taxpayers themselves; second, and particularly, and on the additional ground of unfair discrimination, you will orally protest against all arbitrary or confiscatory exactions levied against American property or upon American citizens, when the levy in whatever form, whether as war or other taxes, or as ‘forced loans’ or other similar measures or contributions, is not equally applied according to a fixed percentage amongst all the inhabitants, whether natives or foreigners, but is applied arbitrarily upon that part only of the community which includes Americans.”
These instructions are being repeated to all American Consuls in disturbed areas (Chihuahua, Agua Prieta, Cananea, Ciudad Juarez and Ciudad Obregon).
At an early convenient opportunity to be determined in your discretion, you will bring the foregoing regarding protection and taxes to the attention of the Mexican Government27 and will state that the Government of the United States will regard payments of taxes of all kinds made to de facto authorities in control of certain disturbed areas in Mexico under the circumstances set out in the telegrams as constituting a due and proper payment of such taxes in the amounts paid and as completely relieving American citizens so paying such taxes from any and all further obligation in regard to such payment.