702.1211 Laredo/44: Telegram
The Chargé in Mexico (Johnson) to the Acting Secretary of State
[Received January 11—2:57 a.m.]
9. For Cotton from Clark. Saw Estrada at 5 this afternoon, when, conformably to his promise of Tuesday, he handed me as a basis for discussion statements embodying his idea of what the two Governments might say in connection with reopening the Mexican Consulate at Laredo. These statements read in translation as follows:
Proposed American statement.
“The American Government very sincerely deplores the appearance at any spot in its territory of a situation contrary to its will and to the intentions of that Government which would cause offense to the Government of Mexico to the point that, as a protest against a local official, it was decided to close its Consulate at Laredo.
The American Government regrets that at any time Mexican citizens have met unjustified obstacles to their transit through Laredo; and desiring that a normal and satisfactory situation be reestablished in the said place, declares that it is, for its part, prepared to grant guarantees to those Mexican persons who, in conformity with the migration regulations of both countries, travel through Laredo.”
Proposed Mexican statement.
“The Government of Mexico which had ordered the temporary closing of its Consulate at Laredo as a protest against a local official until satisfactory guarantees for the normal transit of its nationals through that place were obtained, receives and accepts the statement of the Government of the United States of America which clearly and definitely corrects the previous situation, and, based on the satisfaction what [which?] is due it, has ordered the opening of the said Consulate.”
After his statements had been translated to me I handed him the following as my draft of a possible American statement to be presented here by Johnson. I repeat it because of Estrada’s comments thereon
“I am authorized by cable to deliver to Your Excellency the following message: [Page 531]
‘The temporary closing of the Mexican Consulate at Laredo, Texas, and the resulting interference with normal trade relations between the United States and Mexico have led to such losses by innocent persons on both sides of the border as I am sure must excite in the Mexican Government the same regret with which they are viewed by the Government of the United States. Deploring the series of incidents which the Mexican Government has declared were its reasons for temporarily closing its Consulate and desiring to do everything which it properly might do to put an end to a situation which threatens the prosperity, if not indeed the existence of the towns of Laredo and Nuevo Laredo, the Department of State has taken up with the Governor of the State of Texas the adjusting of law enforcement in that State in such way as to forestall in the future a recurrence of the incidents which gave dissatisfaction to the Mexican Government.
Governor Moody of Texas, who has been in communication with the responsible local authorities at Laredo, now assures the Department of State that hereafter persons bearing Mexican diplomatic passports will not be molested in Texas by Texas officials, nor will Mexican citizens generally, except for violation of laws of the State of Texas, or of other States of the Union, or of the United States. These assurances from the Governor of Texas enable the Department of State upon behalf of the Government of the United States to extend to the Mexican Government the same assurances.
The Department of State trusts that under these assurances the Mexican Government will find it possible to direct the opening of the Mexican Consulate at Laredo, Texas, and the restoration of normal economic relations between Nuevo Laredo, Tamaulipas, and Laredo, Texas, at an early date. Joseph P. Cotton, Acting Secretary of State.’
I have the honor to be, sir.”
He said that this statement was all right but in the discussion which followed he made some adverse comments on mentioning Texas and Texas officials, seemingly on the ground that it would be unwise for us to teach other American governors their powers vis-à-vis the Federal Government. I observed that my experience taught me that our governors thoroughly understood their powers and that while under Mexican constitutional method they might control their governors we could not control ours under our system. I pointed out there might be some advantage hereafter in now making public the fact that local Laredo officials have found it necessary to recede from their former position. Estrada also prefers that no mention be made of diplomatic passports though he agreed with me that no obligation exists to grant diplomatic privileges to persons carrying diplomatic passports to a third country until after the passport receives a visa when diplomatic immunity attaches to the holder.
Estrada says he feels there is no need for haste. I told him you felt otherwise and explained you were probably under considerable pressure. Local newspapers are beginning editorially to insist that the matter be adjusted because Mexicans are suffering as well as Americans.
If you will submit draft of satisfactory statement I will immediately try for an early appointment to present it to Estrada. [Clark.]