File No. 812.00/447.
The Secretary of State to the American Ambassador.
Washington, December 14, 1910.
Sir: The Department acknowledges receipt of your dispatch No. 249, of the 16th ultimo, transmitting a memorandum of a conversation between President Díaz and yourself relative to the recent anti-American demonstrations in Mexico.
[Page 375]With reference to that portion of your memorandum relating to alleged violations of the laws of neutrality, you are informed that it appears to be a general rule of international law, long established and well settled, that even in a state of war mere trade in arms, ammunition, and other articles of contraband is considered legal and subject to no penalty save the loss of the goods if captured in the trade. Consequently, no stronger penalty would seem to attach in case of insurgency or in time of peace.
The three rules of the treaty of Washington of 1871, though adversely commented upon by some writers on international law, such as Lorimer, Lawrence, Bernard, Wharton, and others, are nevertheless regarded as the most progressive statement of modern international law on the subject to which they apply. They represent, as heretofore, the attitude of the United States upon the subject of neutrality as governed by the law of nations.
These rules are here inserted for your convenience:
A neutral government is bound—
- First. To use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted in whole or in part, within such jurisdiction, to warlike use.
- Secondly. Not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men.
- Thirdly. To exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligation and duties.
The municipal laws enacted by Congress for the purpose of controlling the actions of the citizens of the United States and all persons residing within its jurisdiction so far as relates to their connection with hostilities toward other nations and peoples with which the United States is at peace are contained in sections 5281–5291 of the Revised Statutes, the main provisions of which are as follows:
- Section 5281. Every citizen of the United States who, within the territory thereof, accepts and exercises a commission to serve a foreign prince, state, etc., in war, by land or by sea, against any prince, state, etc., with whom the United States are at peace * * * shall be fined not more than $2,000 and imprisoned not more than three years.
- Section 5282. Every person who enlists or enters himself or hires or retains another person to enlist or enter himself to go beyond the limits of the United States with intent to be enlisted or entered in the service of any foreign prince or state as a soldier or seaman on board of any vessel of war, etc., shall be fined not more than $1,000, and imprisoned not more than three years.
- Section 5283. Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the fitting out or arming of any vessel with intent that such vessel shall be employed in the service of any foreign prince or state, etc., to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, etc., with whom the United States are at peace * * * shall be fined not more than $10,000, and imprisoned not more than three years. And every such vessel, her tackle, apparel, etc., together with all materials procured for the equipment thereof shall be forfeited.
- Section 5284. Every citizen of the United States, without the limits thereof, who fits out and arms, or attempts to fit out and arm, or procures to be fitted [Page 376] out and armed, or knowingly aids or is concerned in furnishing, fitting, or arming any private vessel of war, or privateer with the intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States or their property * * * shall be fined not more than $10,000 and imprisoned not more than ten years.
- Section 5285. Every person who, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting the force of any ship of war, cruiser, or other armed vessel which at the time of her arrival in the United States was a ship of war or cruiser or armed vessel in the service of any foreign prince or state, etc., or belonging to the subjects or citizens of any such prince, or state, etc., * * * by adding to the number of guns of such vessel or by changing those on board of her for guns of larger caliber, or by adding thereto any equipment solely applicable to war * * * shall be fined not more than $1,000, and be imprisoned not more than one year.
- Section 5286. Every person who, within the territory or jurisdiction of the United States begins, or sets on foot, or provides, or prepares the means for any military expedition or enterprise to be carried on from the United States against the territory of any foreign prince or state, etc., with whom the United States are at peace, shall be fined not exceeding $3,000, and imprisoned not more than three years.
From the circumstances stated in your conversation with the President of Mexico it does not appear that the incident mentioned by him falls within any of the rules of international law on neutrality, or within the American laws on the same subject. In future conversations with the President you will have the above rules and statutes in mind.
The Department’s telegram to you of November 19, 1910, stated that the American authorities in Texas were taking every measure possible to forestall any attempted breaches of neutrality which may come to their knowledge.
I am, etc.,