File No. 812.00/6431a.

[Untitled]

59. With practical unanimity the American press treated as inadequate the explanations made by the Huerta régime in regard to the death of Madero and Pino Suárez, and is consequently expressing its horror thereat. Having by inadequate precautions made possible that horrible occurrence those responsible can not expect to escape public suspicion, and this Department is naturally obliged to decline to express itself on that painful subject pending the results of the promised thorough judicial investigation. The Embassy will, of course, perceive the necessity of extreme circumspection and the importance of bearing clearly in mind the reserved attitude which this Government is maintaining in the present situation.

The Department is giving rather fully to the press the substance of the Embassy’s reports on the situation and will also explain it to the British Embassy here.

The policy of the President as to recognition, which has already been made so clear to the Embassy, seems to call at present for no more specific instructions as to the course to be pursued, unless it be to point out to the Embassy that the exact forms of correspondence and modes of address, whether they be maintained as usual or whether the de facto officials be addressed by name with et ceteras added, are not in themselves very material so long as the exact attitude of the United States and the theory upon which it is dealing [Page 748] with the Mexican authorities is made quite clear to them. They are, of course, as follows:

The Government of the United States is in de facto relations for the purpose of transacting all business with those in de facto control, who are the only effective authority in evidence. Whether the recent resignations under duress and the subsequent proceedings of the Mexican Congress suffice under the Mexican law to clothe the present régime with such de jure status as attached to the interim government of De la Barra is a question into which the Government of the United States is not now obliged to enter.

A distinction may be drawn between de facto relations with a de facto government and formal recognition of such government, just as the same distinction may be drawn between de facto relations with and formal recognition of a normal and permanent government. Formal recognition would in either case require some formal act of recognition, as, for example, the formal reply to a note announcing the new government or the receiving or accrediting of an ambassador. Any such formal act of recognition is to be avoided just at the present. In the meantime this Government is considering the question in the light of the usual tests applied to such cases, important among which are the question of the degree to which the population of Mexico acquiesce in and assent to the new régime and the question of disposition and ability to protect foreigners and their interests and to respond to all international obligations.

Just now the issuance by the Department of a public statement on the subject of the recognition question appears to the Department to be unnecessary.

The Department realizes, of course, that the paramount interests of the Government of the United States, namely, the safety of American citizens and their interests in Mexico, will be subserved by the consolidation of warring factions. Therefore, directions have been given to relieve the movements of De la Fuente and others from the various restrictions which surrounded them under the neutrality statutes while the former Government, against which they were in revolt, was still in control. This will enable them to confer and to repair to Mexico City by way of the United States.

The question of the propriety of some modification of your telegram to all consular officers in Mexico, quoted in the Embassy’s No. 31, February 23, 6 p.m., will doubtless have suggested itself to you. The present instruction is intended to supplement the Department’s recent instruction and to be responsive also to the Embassy’s telegrams of the last few days.

Knox.