812.00Sonora/513: Telegram
The Secretary of State to the Ambassador in Mexico (Morrow)
233. I made the following statement yesterday at the press conference:
“At the press conference this afternoon Secretary Stimson said he had seen some statements in the press indicating danger of American citizens enlisting on one side or the other in the Mexican trouble since they did not appreciate the danger they were incurring by so doing. He said that in 1912 when there was a similar situation in Mexico the President issued a proclamation warning Americans of the danger and while no formal proclamation is being made now it does seem necessary that attention be called to the danger and to the fact that the danger is so significant that during the previous trouble in Mexico warning was given by proclamation. Secretary Stimson read the pertinent portions of the proclamation issued in 1912,39
‘and finally I do hereby give notice that all persons owing allegiance to the United States who may take part in the disturbances now existing in Mexico, unless in the necessary defense of their persons or property, or who shall otherwise engage in acts subversive of the tranquillity of that country, will do so at their peril and that they can in no wise obtain any protection from the Government of the United States against the appropriate legal consequences of their acts, in so far as such consequences are in accord with equitable justice and humanity and the enlightened principles of international law.’
Secretary Stimson interpreted the proclamation as meaning that in case an American citizen should enlist with the insurrectionary forces, he places himself in the category of people who are recognized by Mexico as traitors, and incurs the penalty of treason. This country can do nothing to protect him from the fate of a traitor, provided the penalty is meted out according to international law.
A correspondent asked if any official reports of the enlistments had been received. The Secretary said he had no official information. He had merely observed certain newspaper articles regarding such enlistments. However, he was of the opinion that ardent young Americans who might enlist without looking into the provisions of international law in such cases should be warned as he did not want to see them suffer.”
Yesterday AmConsul, Ciudad Juarez, advised that rebel authorities informed him that American aviators were being accepted for service in their ranks. You will at your early convenience and in your discretion bring my foregoing announcement to the attention of the Mexican Government, and will point out that while the announcement was, as to the punishment which might be suffered, [Page 384] couched in terms which, it was hoped, would deter American citizens from taking service in rebel ranks, nevertheless the Government of the United States will expect that the Government of Mexico will not regard such Americans when taken prisoners as guilty of treason but that on the contrary it will treat any American fighting in rebel ranks and taken prisoner by the regular government forces, in accordance with the laws of war as recognized between nations, and not in accordance with domestic law where the latter differs from such laws of war. You will state that this is not intended to involve, even by implication, a recognition of rebel belligerency, the sole purpose and desire of this Government being to avoid a distressing and unfortunate accident or incident which would prove most embarrassing to both Governments.
You will request the Mexican Government to advise you whether or not any Americans are in the Federal army and inform us of the reply in order that appropriate representations may be made to those in control of the rebel forces.
- Proclamation of March 2, 1912, Foreign Relations, 1912, p. 732.↩