The Mexican Ambassador (Téllez) to the Acting Secretary of State
Mr. Under Secretary: In confirmation of what I communicated by telephone to Mr. Herschel V. Johnson, Chief of the Division of Mexican Affairs in the Department of State, I have the honor to advise Your Excellency that Mr. Adolfo G. Domínguez, Vice Consul of Mexico at Chicago, Illinois, who in the absence of the regular incumbent is in charge of the Mexican Consulate in that city, has been the victim of an outrage, to which I refrain from giving a name, on the part of the Municipal Judge, Mr. Thomas Green, in the course of a hearing which was being held in the Municipal Court of South Chicago, at which hearing Mr. Domínguez was present, in pursuance of his consular duties, as a case was being heard before the Court, on that occasion, in which various Mexican citizens were concerned.
According to the reports which have been received at the Embassy up to the present, what occurred was the following: When Judge Green learned that Vice Consul Domínguez was present, he expressed himself in terms of sharp criticism of Mexico and the work of the Mexican Consulate at Chicago; the Vice Consul, Mr. Domínguez, requested the Judge, with all courtesy, to be permitted to make some explanations in the specific case before the Court, but the Judge, far from granting the request addressed to him by the said Vice Consul, answered him, angrily and without any respect towards the Consular office which he holds: “Shut up!”, adding that if he did not leave the Court room immediately he would have him arrested. And in fact that is what he did, for he gave orders that the Vice Consul should be arrested and taken to the police station, from which place he was taken to the Municipal Jail.
Judge Green, furthermore, pronounced a sentence against Vice Consul Domínguez, whereby he attempts to condemn him to six months’ imprisonment.[Page 728]
Such is the gravity of the facts that the simple exposition of the same is more than sufficient to prove conclusively the outrage of which a Consular Agent of the Government of Mexico has been made the victim, precisely in carrying out his official duties.
My Government has been extremely surprised by the occurrence, which not only constitutes a flagrant violation of the most elementary juridical principles which protect Consular Agents and afford them assurances in the performance of their duties, but, furthermore, clearly indicates the slight guarantee on which a foreign consul can rely in carrying out the duty of protecting his nationals, since it is within the power of any irritable judge to prevent it by having him arrested.
My Government instructs me to protest energetically against the outrage of which Judge Green made the Vice Consul in charge, Mr. Domínguez, of our Consulate at Chicago, the victim, and at the same time, to request Your Excellency’s Government to take the necessary steps, with the urgency which the case warrants, that orders may be issued, both for the unconditional release of Mr. Domínguez and for the expunging from the records of the Court, by way of satisfaction, of the undeserved sentence pronounced against him.
My Government is confident that in view of the delicacy of the situation created by Judge Green Your Excellency’s Government will also deem it appropriate to take steps for the purpose of preventing the repetition of such incidents as the one which gives rise to the present representation, and to apply the sanctions which may be appropriate.
I avail myself [etc.]