tion the four conditions which His Excellency Mr. Wilson has been pleased to propose through your honorable and worthy channel. I must give you the reasons for it: An immediate suspension of the struggle in Mexico, a definite armistice "solemnly constructed and scrupulously observed" is not possible, as to do this it would be necessary that there should be some one capable of proposing it without causing a profound offense to civilization, to the many bandits who, under this or that pretext, are marauding toward the south and committing the most outrageous depredations; and I know of no country in the world, the United States included, which may have ever dared to enter into agreement or to propose an armistice to individuals who, perhaps on account of a physiological accident, can be found all over the world beyond the pale of the divine and human laws. Bandits, Mr. Confidential Agent, are not admitted to armistice; the first action against them is one of correction, and when this, unfortunately, fails, their lives must be severed for the sake of the biological and fundamental principle that the useful sprouts should grow and fructify.

With reference to the rebels who style themselves "Constitutionalists," one of the representatives of whom has been given an ear by Members of the United States Senate, what could there be more gratifying to us than if convinced of the precipice to which we are being dragged by the resentment of their defeat, in a moment of reaction they would depose their rancor and add their strength to ours, so that all together we would undertake the great and urgent task of national reconstruction? Unfortunately, they do not avail themselves of the amnesty law enacted by the provisional government immediately after its inauguration, but, on the contrary, well-known rebels holding elective positions in the capital of the Republic or profitable employments, left the country without molestation, notwithstanding the information which the Government had that they were going to foreign lands to work against its interests, many of whom have taken upon themselves the unfortunate task of exposing the mysteries and infirmities from which we are suffering, the same as any other human congregations.

Were we to agree with them to the armistice suggested, they would ipso facto, recognize their belligerency, and this is something which can not be done for many reasons which can not escape the perspicacity of the Government of the United States of America, which to this day, and publicly, at least, has classed them as rebels just the same as we have. And it is an accepted doctrine that no armistice can be concerted with rebels.

The assurance asked of my Government that it should promptly convene to free elections is the most evident proof and the most unequivocal concession that the Government of the United States considers it legally and solidly constituted and that it is exercising, like all those

of its class, acts of such importance as to indicate the perfect civil operation of a sovereign nation. Inasmuch as our laws already provide such assurance, there is no fear that the latter may not be observed during the coming elections, and while the present Government is of a provisional character it will cede its place to the definite Government which may be elected by the people.

The request that Gen. Victoriano Huerta should agree not to appear as a candidate for the Presidency of the Republic in the coming elections can not be taken into consideration, because, aside from its strange and unwarranted character, there is a risk that the same might be interpreted as a matter of personal dislike. This point can only be decided by Mexican public opinion when it may be expressed at the polls.

The pledge that all parties should agree beforehand to the results of the election and to co-operate in the most loyal manner to support and organize the new administration is something to be tacitly supposed and desired, and that the experience of what this internal strife means to us in loss of life and the destruction of property will cause all contending political factions to abide by the results; but it would be extemporaneous to make any assertion in this respect, even by the most experienced countries in civil matters, inasmuch as no one can forecast or foresee the errors and excesses which men are likely to commit, especially under the influence of political passion. We hasten to signify our appreciation to the United States of America because they agree from to-day to recognize and aid the future which we, the Mexican people, may elect to rule our destinies. On the other hand, we greatly deplore the present tension in our relations with your country, a tension which has been produced without Mexico having afforded the slightest cause therefor. The legality of the government of Gen. Huerta can not be disputed. Article 85 of our political constitution provides:

If at the beginning of a constitutional term neither the President nor the Vice-President elected present themselves, or if the election has not been held and the results thereof declared by the 1st of December, nevertheless, the President whose term has expired will cease in his functions, and the secretary for foreign affairs shall immediately take charge of the Executive power in the capacity of provisional President; and if there should be no secretary for foreign affairs, or if he should be incapacitated, the Presidency shall devolve on one of the other secretaries pursuant to the order provided by the law establishing their number. The same procedure shall be followed when, in the case of the absolute or temporary absence of the President the VicePresident fails to appear, when on leave of absence from his post if he should be discharging his duties, and when in the course of his term the absolute absence of both functionaries should occur.

Now, then, the facts which occurred are the following: The resignation of Francisco I. Madero, constitutional President, and Jose Maria Pino Suarez, constitutional Vice-President of the Republic. These resignations having been accepted, Pedro Lascurain, Minister for Foreign Affairs, took charge by operation of law of the vacant executive power, appointing, as he had the power to do, Gen. Victoriano Huerta to the post of Minister of the Interior. As Mr. Lascurain soon afterwards resigned, and as his resignation was immediately accepted by Congress, Gen. Victoriano Huerta took charge of the executive power, also by operation of law, with the provisional character and under the constitutional promise already complied with to issue a call for special elections. As will be seen, the point of issue is exclusively one of constitutional law in which no foreign nation, no matter how powerful and respectable it may be, should mediate in the least.

Moreover, my Government considers that at the presert time the recognition of the Government of Gen. Huerta by that of the United States of America is not concerned, inasmuch as facts which exist on their own account are not and can not be susceptible of recognition. The only thing which is being discussed is a suspension of relations. as abnormal and without reason; abnormal, because the ambassador of the United States of America, in his high diplomatic investiture and appearing as dean of the foreign diplomatic corps accredited to the Government of the Republic, congratulated Gen. Huerta upon his elevation to the Presidency, continued to correspond with this department by means of diplomatic notes, and on his departure left the first secretary of the embassy of the United States of America as chargé d'affaires ad interim, and the latter continues here in the free exercise of his functions; and without reason, because, I repeat, we have not given the slightest pretext.

The confidential agent may believe that solely because of the sincere esteem in which the people and the Government of the United States of America are held by the people and Government of Mexico, and because of the consideration which it has for all friendly nations (and especially in this case for those which have offered their good offices), my Government consented to take into consideration, and to answer as briefly as the matter permits, the representations of which you are the bearer. Otherwise, it would have rejected them immediately because of their humiliating and unusual character, hardly admissible even in a treaty of peace after a victory, inasmuch as in a like case any nation which in the least respects itself would do likewise. It is because my Government has confidence in that when the justice of its cause is reconsidered with serenity and from a lofty point of view by the present President of the United States of America, whose sense.

of morality and uprightness are beyond question, that he will withdraw from his attitude and will contribute to the renewal of still firmer bases for the relations of sincere friendship and good understanding forcibly imposed upon us throughout the centuries by our geographical nearness, something which neither of us can change, even though we would so desire, by our mutual interests and by our share of activity in the common sense of prosperity, welfare, and culture, in regard to which we are pleased to acknowledge that you are enviably ahead of us. With reference to the final part of the instructions of President Wilson, which I beg to include herewith and which say, "If Mexico can suggest any better way in which to show our friendship, serve the people of Mexico, and meet our international obligations, we are more than willing to consider the suggestion," that final part causes me to propose the following equally decorous arrangement: One, that our ambassador be received in Washington; two, that the United States. of America send us a new ambassador without previous conditions.

And all this threatening and distressing situation will have reached a happy conclusion; mention will not be made of the causes which might carry us, if the tension persists, to no one knows what incalculable extremities for two peoples who have the unavoidable obligation to continue being friends, provided, of course, that this friendship is based upon mutual respect, which is indispensable between two sovereign entities wholly equal before law and justice.

In conclusion, permit me, Mr. Confidential Agent, to reiterate to you the assurances of my perfect consideration.

F. GAMBOA,

Secretary for Foreign Affairs of the Republic.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION

[Regulations for the Protection of Migratory Birds.]

WHEREAS, an Act of Congress approved March fourth, nineteen hundred and thirteen, entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen" (37 Stat., 847), contains provisions as follows:

All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any State or Territory, shall hereafter be deemed to be within the custody

and protection of the Government of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor.

The Department of Agriculture is hereby authorized and directed to adopt suitable regulations to give effect to the previous paragraph by prescribing and fixing closed seasons, having due regard to the zones of temperature, breeding habits, and times and line of migratory flight, thereby enabling the department to select and designate suitable districts for different portions of the country, and it shall be unlawful to shoot or by any device kill or seize and capture migratory birds within the protection of this law during said closed seasons, and any person who shall violate any of the provisions or regulations of this law for the protection of migratory birds shall be guilty of a misdemeanor and shall be fined not more than $100 or imprisoned not more than ninety days, or both, in the discretion of the court.

The Department of Agriculture, after the preparation of said regulations, shall cause the same to be made public, and shall allow a period of three months in which said regulations may be examined and considered before final adoption, permitting, when deemed proper, public hearings thereon, and after final adoption shall cause the same to be engrossed and submitted to the President of the United States for approval: Provided, however, That nothing herein contained shall be deemed to affect or interfere with the local laws of the States and Territories for the protection of non-migratory game or other birds resident and breeding within their borders, nor to prevent the States and Territories from enacting laws and regulations to promote and render efficient the regulations of the Department of Agriculture provided under this statute.

WHEREAS, the Department of Agriculture has duly prepared suitable regulations to give effect to the foregoing provisions of said Act and after the preparation of said regulations has caused the same to be made public and has allowed a period of three months in which said regulations might be examined and considered before final adoption and has permitted public hearings thereon;

And, WHEREAS, the Department of Agriculture has adopted the regulations hereinafter set forth and after final adoption thereof has caused the same to be engrossed and submitted to the President of the United States for approval;

Now, THEREFORE, I, WOODROW WILSON, President of the United States of America, by authority in me vested do hereby proclaim and make known the following regulations for carrying into effect the foregoing provisions of said Act:

REGULATION I. DEFINITIONS.

For the purposes of these regulations the following shall be considered migratory game birds:

(a) Anatidæ or waterfowl, including brant, wild ducks, geese, and

swans.