should show that Huerta still acts as constitutional President, no action implying further recognition as such will be taken until my return from Paraguay. GREVSTAD. VIOLATIONS OF NEUTRALITY—PROHIBITION OF SHIPMENT OF ARMS AND MUNITIONS OF WAR INTO MEXICO FROM THE UNITED STATES, AND EXCEPTIONS THERETO. NOTE. On March 14, 1912, the President proclaimed a joint resolution of Congress of that date' providing: 2 That whenever the President shall find that in any American country conditions of domestic violence exist which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export, except under such limitations and exceptions as the President shall prescribe, any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress. The proclamation declared that: I have found that there exist in Mexico such conditions of domestic violence promoted by the use of arms or munitions of war procured from the United States as contemplated by the said Joint Resolution; and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the Joint Resolution above set forth, hereby made applicable to Mexico, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted. And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of said Joint Resolution and this my Proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same. In regard to the shipment of arms into Mexico from the United States for the protection of American citizens, the Mexican Foreign Office in objecting to shipments to consular offices of the United States stated on December 12, 1912, to the American Ambassador as follows: This Government has followed the invariable rule of not allowing foreigners residing in Mexico to be armed by their Governments; therefore I beg that when you think it proper to ask that any American citizen domiciled in this Republic should procure arms, you will make your request as if it concerned a transaction between individuals, so that the Mexican Government may have the satisfaction of granting it in all cases where it is possible. The Secretary of State in response instructed the Ambassador 4 to say: that although the arms and ammunition are for convenience consigned to the consuls, they are intended for the protection of individual American citizens. Another point discussed in 1912 was the distinction between the shipments of arms forbidden by the above-mentioned Proclamation and the mere commercial sale of arms. The Department of State announced the attitude of this Government in the following statement to the Mexican Embassy: 5 It is the well-known practice of merchants of neutral countries to furnish munitions of war to one or both of contending belligerents. 1 For. Rel. 1912, pp. 745-746. "Munitions of war" are defined by the Attorney General in a letter to the President dated March 25, 1912. See For. Rel. 1912, pp. 759-761. 3 For Rel. 1912, pp. 877-878. * Id. p. 878. Id. p. 741. The situation is somewhat different, however, with reference to the socalled neutrality statutes which have been enacted by this Government, which, going beyond the provisions of international law, do make illegal certain acts specified in the statutes even when no state of belligerency exists, such acts being directed against the established government of a country with which this Government is at peace. But the duties of neutrality under the law of nations cannot be either expanded or contracted by national legislation. Our * * own statutes bind only our own Government and citizens and those within our jurisdiction. If they impose on us a larger duty than is imposed on us by international law, they do not correspondingly enlarge our duties to foreign nations. Since therefore these statutes only qualify as offenses certain specified transactions which would not otherwise have that character * * it is evidently necessary that the act complained of should clearly fall within the statutes in order that it should be regarded as illegal. These so-called neutrality statutes do not, any more than the general laws of neutrality, prohibit the mere commercial exportation of arms and ammunition, and, that being true, the Executive is, under them, powerless, however much it might in any given case wish to do otherwise, legally to prevent this traffic so long as it remains purely commercial and is unconnected with any other act prohibited by the statutes. It will therefore be quite clear that under the principles of international law as well as under the so-called neutrality statutes of this country, the mere commercial sale of supplies in El Paso to Mexicans, whether insurrectos or supporters of the Government, and their simple delivery across the border, cannot be looked upon as a violation of international law or of the so-called neutrality statutes. The Mexican Embassy responded (For. Rel. 1912, p. 743) that the failure of the neutrality statutes to cover many important points was not good ground for failure of this Government to take any steps calculated to prevent acts that come within the field of international duty, and consequently the Mexican Government hoped this Government would take measures to prevent exportation of arms and ammunition into Mexico. The majority of the complaints made by Mexico in relation to such shipments, however, characterized the shipments as violative of the neutrality laws of the U. S. This attitude prevails in the correspondence during 1913. As this correspondence is largely a series of notifications of reported shipments of this kind, which the Department of State disposed of by reference to the competent authorities, without controversy, this portion of it is reduced to the following list. The correspondence is printed in full in cases where it contains remarks not of a routine nature. bassy. Ernesto Fernández and one González Salas are connected with a scheme to ship arms to Mexico from Mississippi clandestinely; requests good offices to avoid this violation of the U. S. neutrality laws. The matter has been referred to the Dept. of Justice. Requests utmost display of military activity along the boundary to prevent rebels from joining in attack on Laredo, Tamaulipas, in violation of U. S. neutrality laws. The Embassy's request has been communicated by the War Dept. to the commdg. general at Fort Sam Houston. Gov. of Texas. Dept. of State. Transmits copy of letter from J. A. Fernández alleging violation of U. S. neutrality laws, and of his reply thereto. Sec. of State... Att'y General. Incloses for appropriate action telegram from G. E. Miriles protesting against his threatened arrest. As editor of El Demócrata he is fighting the spurious government of Huerta but without violating laws of the U. S. Also incloses letter from T. R. Eeltrán protesting against presence of Huerta's spies at international bridge at Eagle Pass, in violation of neutrality laws. Also incloses telegram from Consul Ellsworth stating that Miriles is secretary to chief of revolutionists, and Beltrán is his agent and instigator of scheme to hold mdse of Americans for ransom. Note... Apr. 9 Mexican Em- Dept. of State. Requests that T. R. Beltran. R bassy (Dela E. Muzquiz, R. Madero et al be prevented from entering the U. S. at Eage ass to carry on rebellious activities there in violation of the neutrality laws of the U. S. Communicated to the Dept. of Justice for appropriateaction. Note... Apr. 11 Maderistas at Naco, et al in Sonora, be prevented from entering the U. S., securing arms, carrying messages, etc. in behalf of revolutionary chiefs. Communicated to the Sec. of War and the Atty. General for appropriate action. Mexican Em- Dept. of State. A revolutionary junta will soon bassy (Dela meet at El Paso, Tex., to be attended by Messrs. Pesqueira, Navarro, Mercado, Zamacona, Hernandez et al, for revolutionary purposes. Requests the arrest of these; assistance will be given by Mexican consul at El Paso if desired. Communicated to the Sec. of War and the Atty. General for appropriate action. Máximo Avalos of Golconda, Ariz., is engaged in recruiting in the U. S. to join the rebels in Sonora, as appears in the inclosure. Requests action thereon. Referred to the Atty. General. Copies of Avalos' letter have been sent to the commanders of forces on the border for their information. Mexican Em- Dept. of State. Eduardo Hay has ordered arms bassy (De la of one Saldaña of Douglas, Ariz.: requests that they be prevented from entering Mexico. Referred to the Sec. of War and the Atty. General for appropriate action. Appropriate agents of the Dept. of Justice were informed of the matter with instructions to take action. Mexican Em- Dept. of State. Requests prevention of expor bassy. tation to Mexico of an aeroplane now at Tucson, Ariz., intended for rebels in Sonora. Mexican Em- Dept. of State. Refers to his note verbale of bassy (De 3d pers. May 10 Dept. of State. Mexican Em bassy. Mexican Em- Mexican Em- Mexican Em- May 7; has since learned that the aeroplane has been confiscated by the Tucson authorities. Requests arrest and punishment of those who had planned to export it. Communicated to the Secretaries of War and the Treasury and to the Atty. General for appropriate action. The Collector of Customs at Nogales instructed May 13 to prevent exportation of aeroplane. A copy of the foregoing sent to the Atty. General. Replying to its request for arrest of those concerned, the Atty. General states, May 14, that warrants have been issued therefor: shipment of aeroplane has been stopped. Aeroplane, en route to Mexico, was seized 30 miles south of Tucson, where it is being held. 7901 Mexican Em- Mexican Em- sent from Nogales, Ariz., to Mexico and delivered to the rebels. Requests investigation and measures to prevent future clandestine shipments of munitions of war, in conformity with the President's proclamation of Mar. 14, 1912. Communicated to the Sec. of the Treasury and the Atty General for appropriate action; the former, on June 8, issued instructions for prompt investigation. Transmits report that investigation showed the dynamite had already passed into Mexico and had been delivered to the rebels. Car- The President. Four guns consigned to Huerta forces at Laredo, Mex., are in the express office at Laredo, Tex.; 75 cases ammunition have already come across for said forces. Requests appropriate action. Tel..... June 26 Gen. Car- The President. Two of above-mentioned guns ranza. have passed into Mexico. As Constitutionalist Chief he calls attention to the fact. |