tween the agents of the departments and the conclusions which they have reached. I felt it to be my duty to call attention to the report made to me by one of our officers. The departments of the Federal Government have assumed the position that the State of Texas has no jurisdiction over the enforcement of the neutrality laws, and I think their position is correct and have instructed the officers of this State accordingly. Notwithstanding the request made of me by President Taft to aid him in enforcing the neutrality laws, I have asked the State officials to desist in their efforts to do so until further request by the head of the present administration. There is absolutely no doubt, however, in my opinion about the daily violation of the neutrality laws, both by the friends of the Constitutionalists and Huerta's followers. Yours truly, File No. 812.00/7577. O. B. COLQUITT. The Governor of Texas to the Secretary of State. GOVERNOR'S OFFICE, Austin, May 19, 1913. DEAR SIR: I am in receipt of the following telegram from J. L. Pérez, Constitutionalist Commercial Agent at Naco, Arizona: For your information I wish to say that on this morning's train there were fifty-six boxes containing munitions of war consigned to the Huerta Government at Ciudad Juárez by express. I hereby respectfully beg you to kindly have (if it is within your State law) this shipment stopped until such time as our belligerency is recognized by the Government of Your Excellency at Washington, which I understand will be very soon. I have advised him that the matter of enforcing the neutrality laws devolves solely upon the Federal Government. I am submitting his telegram to you for the information of your Department. Yours truly, O. B. COLQUITT. File No. 812.00/7897. The Confidential Agent of the Constitutionalist Government of Mexico to the Secretary of State. WASHINGTON, June 26, 1913. EXCELLENCY: Since the overthrow of the constituted Government of Mexico and the commencement of the present armed movement which has for its object the restoration of the constitutional order in that country, the Government of the United States has from time to time permitted the Huerta Government to purchase, in this country, for exportation to Mexico, large quantities of munitions of war, without which privilege it is doubtful if it could have sustained itself in power but for a brief period. But a like privilege is denied to the Constitutionalist Government, though it is confidently hoped, by reason of the extent of territory now under its control and the respectable size of its military force, that it possesses attributes sufficient to justify the Government of the United States in giving consideration to certain observations that it desires to respectfully submit. The act of Congress approved March 14th, 1912, as well as the proclamation of the President thereunder, contain the following: 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. That "conditions of domestic violence" do exist in Mexico is a fact. It is also a fact that those conditions are being promoted and protracted by reason of an exception made in favor of the so-called Government of Mexico, of which Victoriano Huerta styles himself Provisional President, under which it is allowed the privilege of importing "arms and munitions of war procured from the United States." If that exception were withdrawn, or if the Constitutionalist Government were allowed a similar privilege, the duration of the present struggle would be materially diminished. Taking constant advantage of this privilege, the Huerta Government, so I am advised, was recently enabled to remove from Laredo, Texas, to Mexican territory, to augment the ammunition supply of General Téllez, seventy-five cases containing mauser cartridges, and representatives of the same Government have recently brought to the identical place, four mountain guns for the purpose of conveying them across the border. These are merely two shipments, among a large number, that the Huerta Government has made and proposes to make. As the continued introduction of arms and munitions of war from the United States by the Huerta Government results in grave prejudice to the Mexican people as well as to the Constitutionalist cause, I am instructed to invite your excellency's attention to the matter, and to record an earnest protest against what would seem to constitute an unjust discrimination against the latter. Please accept [etc.] M. PÉREZ ROMERO. File No. 812.00/10023. No. 69.] The Mexican Embassy to the Department of State: [Memorandum-Translation.] The Consul at Naco tells the Inspector of Consulates at El Paso, Texas, the following: That the American authorities at Naco, Arizona, continue to protect the rebels, and he bases the statement on the following facts: That they cross the boundary-line with impunity carrying provisions and ammunition without being molested by the authorities; that they hold their revolutionary meetings in the saloon of John Referred, December 6, to the Attorney General and the Secretary of War. -FR 1913 56 Newell, Deputy Sheriff, without any measure whatever being taken by that officer, notwithstanding the Consul's vigorous protests; it is hard to explain how the contraband of munitions is so frequent and so large, in spite of the increased patrol, and how in the majority of cases contraband is done with automobiles which night after night and many times in the night come to Naco from Bisbee. There is something else that can not be explained, and that is that when the secessionists attacked Naco, they opened their trenches or "loberas" within American territory more than one hundred feet north of the boundary-line and just at the place where it is marked by one of the monuments; of this the American officers hold photographic proof. That on the day of the final assaults, delivered on April 13 of this year the assailants effected their offensive march through American territory, taking advantage of the darkness of the night, and for that reason the defending troops refrained from firing their arms, naturally believing that they had to do with a patrol of American negroes, and were not undeceived until the assailants rushed into the town keeping up a heavy fire, which the patrol did nothing to prevent, proof of which can be produced in plenty, as several houses of Naco, Sonora, close to the boundary-line and facing north, bear unmistakable marks of the terrific musketry fire to which they were exposed. On that same day there was found in the yard of William Campbell's house that is parallel with the line the dead body of a rebel with his arms, hand grenades, etc., whose tracks showed he had come from that town, making toward the Mexican side; Justice of the Peace Edward A. Folsom had the body removed, speaking to Commander Obregón for the purpose. These facts and many others seem to prove that the local authorities as well as the majority of the inhabitants of Naco, Arizona, are favoring the rebels. Public opinion points to Justice of the Peace Folsom as the one who does them the greatest service. MEXICAN EMBASSY, Washington, November 26, 1913. File No. 812.00/10317. The Mexican Embassy to the Department of State. [Memorandum-Translation.] The Mexican Embassy in Washington is in receipt of the following information from Consular Inspector in El Paso, Texas: The local authorities appear to have assumed an attitude which may be characterized as hostile against Mexican refugees in this city, showing, on the other hand, open partiality for the rebels who daily pass from Ciudad Juárez to El Paso without molestation; certain employees of the local police maintain relations and receive commissions from the rebel Junta which has placed spies around the building occupied by the Mexican Consulate, spies whose business it is to denounce the refugees who present themselves there. MEXICAN EMBASSY, Washington, December 3, 1913. File No. 812.00/10265. The Mexican Embassy to the Department of State. [Memorandum-Translation.] On November 27, last, when the federal army attacked the town of Las Vacas, the leader, Roberto Rivas, and 45 of his men fled from the place and took refuge in Del Rio, Texas; and, when Captain Winterburn ordered the apprehension of the rebels by 75 of his men, who in their flight had swum the river on horseback, they were set at liberty after their arms, equipment and mounts had been turned over to the Customs officer; this being done in spite of the courteous protests of the Mexican Consul at the place, addressed to Captain Winterburn, whose aggressive replies it is not necessary to state. Inasmuch as the said rebels were apprehended with arms in their hands and seeing that, on the occasions that federals were obliged to pass across the river between Brownsville and Eagle Pass they were detained by the authorities of this country and not only were their arms seized but they were also arrested in their quarters, it would appear that the processes which, in cases apparently identical, have been observed have been with prejudice to the federals. MEXICAN EMBASSY, Washington, December 15, 1913. File No. 812.00/10316. The Secretary of State to the American Consul at Nuevo Laredo. No. 217.] DEPARTMENT OF STATE, Washington, 'December 19, 1913. SIR: The Department encloses herewith a translation of a memorandum, dated December 16, 1913, from the Mexican Embassy at this capital, stating that the authorities of Laredo, Texas, have forbidden transit to that place of all persons supposed to be connected with the Mexican Federal Army. You are instructed to bring this matter to the attention of the Laredo authorities, and report to the Department if there is any foundation for the statements made in the memorandum. I am [etc.] For the Secretary of State: WILBUR J. CARR. [Inclosure-Memorandum-Translation.] The Mexican Embassy to the Department of State. The Mexican Embassy is in receipt of information to the effect that the authorities of Laredo, Texas, have absolutely forbidden transit to that town of all persons supposed to be connected in any manner with the Mexican Fed eral Army, not excepting the private individuals who form the Defensa Social Referred, December 18, to the Secretary of War. in Nuevo Laredo, who are not allowed to cross from that side although they do not carry arms and wear no uniform, and only wish to cross for the arrangement of private matters, their interests being thereby injuriously affected. MEXICAN EMBASSY, Washington, December 16, 1913. File No. 812.00/10317. The Acting Secretary of State to the American Consul at Ciudad Juárez, Mexico. No. 199.] DEPARTMENT OF STATE, Washington, December 20, 1913. SIR: The Department encloses a copy of a translation of a memorandum received from the Mexican Embassy at Washington, saying [quoting the language of the Embassy's memorandum of December 31. You are instructed to bring this matter to the attention of the local authorities. I am [etc.] For the Acting Secretary of State: PROTECTION OF AMERICAN LIFE AND PROPERTY IN MEXICO.1 NOTE. On September 15, 1912, the American Ambassador presented a note to the Mexican Government specifying many instances of crimes committed against the life or welfare of American citizens in Mexico by mobs, rebel and Federal soldiers and others, and demanding that measures be taken (1) to capture and punish the murderers of American citizens; (2) to stop discrimination against American interests; and (3) to bring about such general improvement of conditions as to prevent further molestation of Americans. (For. Rel. 1912, pp. 842-846.) On November 22, 1912, the Mexican Government responded to this note declaring that it had not spared any effort to comply with its international duties, but recognizing the right of the United States to inquire into the nature of such efforts. (Id., pp. 871-877.) The correspondence from that point largely consists of inquiries and replies concerning the safety of American citizens and other foreigners and reports of the protests and other representations made to the Mexican authorities in that connection. These are omitted as involving no exchange of representations between the two Governments other than those in the nature of routine. For the same reason the reports in reply to the series of instructions here printed, from consular officers and the Embassy, are also omitted. The instructions themselves are given in order to show the steps taken by this Government in its general plan of protecting American citizens in Mexico. 1 Continued from For. Rel. 1912; see p. 1379 of that volume for index of: "policy of the United States in protecting American citizens in Mexico;" "protection by the United States of American life and property;" and (p. 1378) measures taken by Americans to protect themselves." |