comes, we shall hope to see constitutional order restored in distressed Mexico by the concert and energy of such of her leaders as prefer the liberty of their people to their own ambitions. BRYAN. File No. 812.00/10018. The American Chargé d'Affaires to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Mexico, December 2, 1913-9 p. m. 661. The British Admiral, Craddock, called on me today with the British Minister. He was in full uniform and had just returned from being received by General Huerta at the Palace, where he was accompanied by the British Minister and his aide, making it a most formal ceremony. NELSON O'SHAUGHNESSY. File No. 812.00/10263. The American Minister to Panama to the Secretary of State. No. 39.] AMERICAN LEGATION, Panama, December 6, 1913. SIR: I have the honor to inform the Department that I am on this day in receipt of a note from Dr. Belisario Porras, President of the Republic of Panama, in which he makes the following statement: 66 The views of President Wilson in regard to the constitutional governments in the continent have been applauded by the thinking people of Latin America. I believe your President to be in the right path and there he will find me his strong admirer." I have [etc.] WM. JENNINGS PRICE. File No. 701.6512/6. The American Chargé d'Affaires to the Secretary of State. [Telegrams-Paraphrases.] AMERICAN EMBASSY, Mexico, December 8, 1913-noon. 670. Reports published in newspapers here state that the newly appointed Italian Minister will shortly leave Habana en route for Mexico in order to take up the duties of his post here. If true it is most regrettable, as it will be a yet greater incentive to resistance to our demands than the reception of the British Admiral by General Huerta. I believe that the Italian Government, were it to know the exact situation here, would not insist on its Minister being received. The affairs of the Italian Legation are in the hands of the British Minister who may be using his influence. 140322°-FR 1913- 55 NELSON O'SHAUGHNESSY. File No. 812.00/10118. AMERICAN EMBASSY, Mexico, December 10, 1913-10 a. m. 675. I transmit the text of yesterday's congressional sessions: REPORT OF COMMITTEE, [Extract.] We, the undersigned members of the Grand Committee of this the Honorable Chamber of Deputies, have the honor ✡ to submit the following bill for consideration: ARTICLE 1. The extraordinary elections for President and Vice President of the Republic which took place on October 26, 1913, are declared null since the majority of the electoral precincts did not function legally and since this is a cause for nullity as is provided in article 42, fraction 3, of the law of May 31, 1913. ART. 2. The Mexican people is convoked to new extraordinary elections for President and Vice President of the Republic, which shall be direct and in accord with the provisions of the electoral law of May 31, 1913, and shall take place at the same time as those for Deputies and Senators the first Sunday in July of the coming year of 1914. ART. 3. The mandatories elected shall begin the occupation of their posts as soon as the Chamber of Deputies makes the respective declaration and shall terminate them on November 30, 1916. ART. 4. Citizen General Victoriano Huerta shall continue as Constitutional President ad interim of the United Mexican States until the extraordinary elections for President and Vice President of the Republic have been held and Congress issues the necessary declaration setting the date when he shall turn over the power to the President elect. NELSON O'SHAUGHNESSY. File No. 812.032/18. The American Chargé d'Affaires to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Mexico, December 15, 1913-11 a. m. 685. The Mexican Congress adjourns today until April 14, according to constitutional precedent. The Permanent Commission thereof will remain until that date, as constitutionally provided. Congress has given General Huerta extraordinary powers in the matters of finances, army, and police. NELSON O'SHAUGHNESSY. File No. 812.00/10229. The American Minister to Uruguay to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Montevideo, December 16, 1913-11 p. m. Huerta's autograph letter announcing his election as interim constitutional President was acknowledged as a matter of routine by former Minister for Foreign Affairs Romeu. The President of Uruguay regrets this acknowledgment and informs me that if information requested by cable shall show that Huerta has set himself up as dictator, Huerta will not be recognized as interim constitutional President, by reception of minister or otherwise. Even if report 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: 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 Presi dent 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 to say: 4 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. 7" Munitions of war are defined by the Attorney General in a letter to the Presi dent 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. Mexican Em- | Dept. of State. Scandalous meetings have been bassy (De la held at San Antonio, Tex., and preparations to recruit men and send arms to Mexico, in violation of U. S. neutrality laws; requests appropriate action. Contents of his note referred to the Attorney General for appropriate consideration. 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. Beltrán 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 Eagle Fass to carry on rebellious activities there in violation of the neutrality laws of the U. S. Communicated to the Dept. of Justice for appropriateaction. |