812.6363/4701
The Secretary of State to the Ambassador in Mexico (Daniels)
Sir: The Department has to acknowledge the receipt of your despatch no. 7295 of August 30, 1938, with enclosures, including a copy and a translation of a note which you have received from the Mexican Foreign Office, stating that it had received information that filling stations in the State of Texas are distributing advice to tourists headed for Mexico to discontinue their journey.
In reply, you are requested to direct the following note to the Mexican Foreign Office: [Page 760]
“Excellency:
“I have the honor to refer to Your Excellency’s note no. 58738 under date of August 23, 1938,20 with respect to a letter which Your Excellency had received from the National Hotel Association stating that a campaign directed against Mexico was being carried on in the United States and particularly in Texas by the oil companies, and to my acknowledgment thereof, no. 3065 of August 30, 1938.20
“The Government of the United States would find it unfortunate were statements deemed offensive by the Mexican Government indeed uttered by private citizens or organizations of the United States; however, my Government is assured that the Mexican Government will appreciate that, while the foreign relations of the United States are conducted on a basis of full respect for the rights and sensibilities of other Nations, the traditional freedom of speech enjoyed by every citizen of the United States is a right guaranteed by the Constitution. The publication of articles or the expression of private opinion is not a matter which is subject, under our Constitution, to Executive control. In the premises, my Government rests assured that the Mexican Government will appreciate that, save where federal law has been violated, the Government of the United States has no jurisdiction. However, should it be found that such publication or expression of private opinion contain matter which were deemed libelous, the injured party may always resort to the initiation of action in the appropriate court or courts for judicial determination of the question.
“With reference to your suggestion that some measure be taken seeking the suspension of such activities, if indeed they exist, the only course which might be open to my Government would be an informal approach to the State authorities. The advisability of such an action is questioned. It would be unfortunate if, because of the present state of public opinion in the United States in regard to expropriation by the Mexican Government of American properties without compensation so far, there were to develop further irritation as a result of any action which might be taken on the basis of Your Excellency’s representations regarding propaganda activities.
“Accept, Excellency, the renewed assurances of my highest and most distinguished consideration.”
Very truly yours,