812.00Sonora/837: Telegram
The Secretary of State to the Consul at Nogales (Damm)58
Repeat following to Guaymas:
“Your April 23, midnight.59 Department does not perceive a legal basis upon which to found representations against bombardment of Empalme by forces of the recognized Mexican Government as part of its military campaign, thus far highly successful, to crush out a rebellion against the authority of that Government. Nor is this Government in a position to substitute its judgment for that of the regularly constituted Mexican authorities as to the wisdom, propriety, or effectiveness of legitimate military measures and operations undertaken by the regular Mexican forces to crush such rebellion, except to ask that due notice be given of military operations, particularly the bombardment of unoccupied or unfortified places, which might threaten either American property or American life, in order that Americans may take such precautionary measures against loss as may be possible under the circumstances. It is of course assumed that Federal forces will not wantonly destroy private property nor noncombatant life.
The situation with reference to the rebel forces is entirely different. While the United States has recognized the existence of a condition of hostilities in certain areas in Mexico, this does not imply recognition of a legal state of war, the parties to which have been treated as belligerents. The belligerency of the rebels has not been recognized nor has this Government recognized in this conflict even a semi-belligerency in the form of a recognition that the military operations in Mexico are between two rival warring factions. This Government has recognized only that there is an armed uprising against the regularly constituted Government of Mexico which has adopted measures of suppression which seem now about to be successful. The rebels, therefore, have no international legal status and it would seem that nationally they stand as illegal groups of armed men attempting to overthrow their own Government, and therefore probably having the status of traitors. They are from the standpoint of legal principle, both international and national, in no better position than [Page 403] ordinary outlaws and bandits. Representations of the strongest character may therefore be made to them against injuries by them to American life and American property.
It is of the utmost importance that you keep these legal distinctions in mind as otherwise this Government may find itself in a position where it is not properly fulfilling its international obligations.”
Also repeat to Ciudad Obregon for information of Vice Consul and for his guidance should similar situation arise in his district.
- Repeated to the Ambassador in Mexico in telegram No. 328, April 25, 3 p.m., with the following instruction: “You may, in your discretion and should the occasion arise, inform the Mexican Government of the contents of this instruction.” (812.00 Sonora/833)↩
- See telegram dated April 24, 7 a.m., from the Consul at Nogales, p. 400.↩