711.1211/19
The Chargé in Mexico (
Summerlin
) to
the Secretary of State
Mexico
,
June 10,
1921
.
[Received June 23.]
No. 3949
Sir: Supplementing my confidential No. 3929, of
June 3, 1921, and in confirmation of the Embassy’s telegram No. 119,
June 4, six P.M.,12 I
have the honor to forward herewith translation of Memorandum No. 1 and
its enclosure,13 and copy and translation of Memorandum No.
2. In view of Mr. Pani’s statement that Memorandum No. 1, and its
enclosure, has been left at the Department, I am enclosing translations
only of those papers.
I gave the Department, in my confidential telegram No. 121, of June 5, 9
A.M.,12 a condensed
account of Mr. Pani’s remarks after he had read the Memorandums to
me.
On June 6th, upon receipt of the Department’s confidential telegram No.
83, June 6, 5 P.M., I sought an interview with Mr. Pani. I transmitted
verbally the Department’s request for information as to what specific
action was contemplated by the three branches of the Government of the
present regime looking to the adequate protection of American interests.
Mr. Pani asked for a memorandum of the subject after I had requested a
reply as soon as possible. I also furnished him with a paraphrased résumé of my telegram No. 12112 to the Department, as I had
promised to do.
Late yesterday afternoon I received an informal communication from Mr.
Pani, enclosing a memorandum of his remarks made on the fourth instant.
This appeared to be a revision, or as he stated, a “modification”, of
those remarks. I am enclosing herewith a copy and translation of this
memorandum. Evidently, Mr. Pani considered that this revision and
amplification of his remarks was sufficient to meet my request for
information as to what specific action was contemplated, as he said, by
the Executive, by the Congress, and by the Supreme Court.
At once, I endeavored to make an appointment with him, but I was unable
to see him until noon today, when he dictated the three specific actions
reported in my telegram, No. 134, 3 P.M. today.14 It appears that General Obregón now
proposes to make use of the Extraordinary Powers conferred on the
Executive, by the law of May 8, 1917, to promulgate a Law of Claims, in
which, Mr. Pani says, provision will be made for a mixed claims
commission. Mr. Pani’s statement as to the declarations made by “the
President of [Page 409] the Republic” are
those made by General Obregón on April 3rd [2d]
last.15 These declarations
were reported in full by the Embassy, and are referred to briefly on
page 4 of the accompanying Memorandum No. 1. I am unable to attach the
importance to the reported declarations of individuals of the Chamber of
Deputies, whether members of Petroleum Committees, or not, that Mr. Pani
does. The statements he referred to were made more than two months ago,
but I have not been able to learn that there has been even an informal
report made by either of the two Petroleum Committees. Nor may any
action by the Congress be expected, in the near future, unless very
strong pressure is immediately brought to bear on the members of the
Congress, and it is a question whether General Obregón feels himself
strong enough to attempt to do this.
I am enclosing summaries in translation of all local Editorials16 on the matter of the
negotiations. Short summaries of them have been telegraphed daily.
I shall continue to keep the Department fully advised by cable as to all
developments in the matter.
I have [etc.]
[Enclosure 1—Translation]17
The Mexican Foreign
Office to the American
Embassy
18
Memorandum No. 1
Ever since Mr. Adolfo de la Huerta occupied the Presidency of the
Mexican Republic by the designation of the Federal Congress made in
accordance with law, the relations between Mexico and the United
States of America have been incomplete and abnormal. The intensity
of the everyday life which the two countries for obvious reasons
necessarily observe maintains the normal aspect in everything which
refers to commerce between the two; the Mexican consulates in the
United States and the North American consulates in Mexico function
normally; the desire of each of the two countries to extend its
mercantile operations with the other is continually made manifest,
sometimes in an eloquent way by means of excursions of chambers of
commerce, etc.; North American public opinion daily expresses its
desire that a good understanding with Mexico be cultivated, and
Mexican public opinion, in turn, responds to this in similar terms.
Notwithstanding all this, purely diplomatic relations [Page 410] are in suspense.
Undoubtedly the interdependence of the two countries and their
desire daily to reach a better understanding would begin to manifest
itself to the benefit of the two peoples if the state of diplomatic
relations were an open highway to a good understanding, instead of
being (as at present) a dike between the interests of Mexico and the
interests of the United States.
In the opinion of the Mexican Government, the present anomalous
situation would be completely remedied by the simple act of having
diplomatic representatives duly accredited in Washington as well as
in Mexico. In this way all pending questions between the two
Governments would be easily arranged, and the study of a treaty of
amity and commerce, which Mexico would enter into with pleasure, and
a revision of existing treaties could be undertaken.
The Government of Mexico would have no objection to immediately
requesting of the Washington Government an agrément for an ambassador, provided it should previously
receive assurances that the Government of the United States would
view with pleasure this first step of the Government of Mexico, and
that the former would indicate its willingness to respond in the
same way.
In order to respond in an affirmative way to this first step of the
Government of Mexico, the Government of the United States could take
the following considerations into account:
- 1.
- The Mexican Republic being a state whose existence and
complete sovereignty have not been questioned for a hundred
years, its governments have the right to be recognized by
the governments of the other countries, in accordance with
established usage, without other condition than their
legality and their capacity to fulfill the international
duties and obligations of Mexico. The reference from Moore’s
International Law Digest (volume
1, section 27, page 73), according to which “it may happen,
by way of exception, that the recognition is conditional or
is given sub modo”, would not be
applicable, because this refers to cases which treat of a
new state, and not a new government of a state already
universally recognized.
- 2.
- In accordance with the foregoing principle, the Government
of Mexico, presided over by General Alvaro Obregon, has been
recognized already by the Governments of the following
countries: Germany, Spain, France, Italy, the Netherlands,
China, Japan, Argentina, Bolivia, Brazil, Colombia, Costa
Rica, Chile, Ecuador, Guatemala, Honduras, Panama, Paraguay,
Peru, Salvador, Uruguay, and Nicaragua. Likewise, the
following countries have requested and obtained recognition
of the Mexican Government presided over by General Alvaro
Obregon: Finland, Czechoslovakia, Georgia, Lithuania, and
Poland.
- In like manner, diplomatic relations are actually
maintained with other countries with which recognition is
now nothing more than a question of details.
- 3.
- The legality of the Government presided over by General
Alvaro Obregon, which cannot be objected to from any point
of view, [Page 411] as might
have been the case with the interim Government of Mr. de la
Huerta in the eyes of those theoretical jurists who feigned
not to understand the popular sanction which that Government
had, is eloquently manifested by the immediate pacification
of the whole country. The present Government has, besides
this sanction, the strength which is derived from its origin
in an irreproachable popular election.
- 4.
- The present diplomatic condition of the Mexican Republic,
and the good disposition of the people and of the Government
of Mexico to comply with everything which they are legally
obliged to comply with relative to private interests of
nationals and foreigners, as was stated by the President of
the Republic in his declarations of April 3 [2],19 and as he has demonstrated by many
acts of his Government; the return of the banks of emission
taken over by the Government of Mr. Carranza, which was
fully recognized by the United States; the settlement of the
debt which the Government of Mr. Carranza contracted with
these banks, and all prior debts; the invitation to the
International Bankers Committee, presided over by Mr.
Lamont, and the Speyer house to come to the city of Mexico
and arrange everything relative to the public foreign
debt,20 an invitation made almost
coincident with the inauguration of the present Government;
the extension of time for receiving claims for damages
occasioned by the revolution,21
and the study which is being made of reforms in the
respective law, which reforms will soon be promulgated and
will duly guarantee, not only the interests of the
Government, but also those of foreign claimants; the
proposition repeatedly expressed by the Government to the
effect that the regulations under article 27 of the
Constitution22 will not be
confiscatory or retroactive in their effects, and the
previously made statements of the Chamber of Deputies to the
same effect, etc., etc.
- 5.
- The certainty that, as soon as diplomatic relations are
renewed, nothing will prevent Mexico and the United States
from reaching a satisfactory understanding relative to the
pending questions between the two countries, because, so far
as Mexico is concerned, a sincere desire exists to reach
this understanding with a spirit of justice and
concord.
- 6.
- The popular opinion of the North American people, already
sufficiently indicated by acts so conclusive as the
resolutions favorable to recognition approved by the
Legislatures of California and Arizona, by the convention of
the Mississippi Valley Association, in which 27 States were
represented, and by innumerable chambers of commerce and
other organizations of that country.
- 7.
- The fact that recognition of the Government of Mexico
should be extended under such conditions as will strengthen
its prestige and be a motive for closer relations between
the two countries in the future, and not under conditions
which deprive it of the capacity for [Page 412] friendly cooperation with the
Government of the White House, to the benefit not only of
the mutual interests of the two countries, but also to the
general interests of the American continent.
If the information which the Department of State of the White House
has with respect to the present Mexican situation and of the
intentions of the Government of Mexico does not agree with the
spirit and the text of this memorandum, the Government of Mexico
would prefer to leave matters in their present condition until the
Government of the United States becomes convinced of the reality of
events. A complete recognition only is desired by the Government of
Mexico, not only because it believes it has a right to it, but also
because only such recognition would be useful in the development of
its internal policy and its continental policy, as stated before, in
friendly cooperation with the Government of the White House.
[Enclosure
2—Translation]
The Mexican Foreign
Office to the American
Embassy
23
Memorandum No. 2
With respect to the memorandum relative to a Treaty of Amity and
Commerce delivered by Mr. Summerlin to the President of the
Republic,24 it is
deemed opportune to make the following observations.
It is not possible nor expedient to sign a Convention or Treaty
between the Governments of Mexico and the United States of North
America before the first is fully recognized by the second. The
priority of the convention or treaty with respect to recognition, or
the simultaneity of these two acts or their fusion, considering that
the signing of the former could imply or signify at the same time
the renewal of diplomatic relations between the two countries, would
give recognition a conditional character and would gravely injure
the sovereignty of Mexico.
The Mexican Republic being a State whose complete existence and
sovereignty have not been questioned for one hundred years, its
governments have the right to be recognized by the governments of
the other countries in accordance with established usage without
other condition than the legality and capacity to comply with the
international duties and obligations of Mexico; therefore, in the
light of international law, the exaction that General Obregon should
previously [Page 413] contract
obligations of any nature in order that recognition be extended him
is not justifiable. Aside from this reason of law, neither is such
an exaction justifiable because General Obregon, first as a
candidate and afterwards as an executive, has made repeated
statements to adjust his policy to the dictates of law and morality,
has offered to repair equitably the damages caused by the past
revolution and has given, by his capacity to develop that policy and
to fulfill those obligations, sufficient proofs, recognized not only
by his own country in maintaining itself in almost perfect
tranquility but also by many governments of European and Asiatic
countries in renewing their diplomatic relations with Mexico.
Therefore, any exaction of promise whatsoever on the part of the
American Government from that of Mexico, precedent to the renewal of
diplomatic relations, would be unnecessary besides unjust and more
than this prejudicial to both countries because it would
incapacitate the Mexican Government to fulfill the obligation
contracted and would deprive it of strength to accomplish its
purposes of friendly cooperation with the Government of the United
States, not only in behalf of the interests of the two countries but
also the general interests of the American continent.
With respect to the Treaty of Amity, and Commerce, in the form in
which it has been prepared, it is objectionable because it contains
stipulations which are opposed to some precepts of the Mexican
Constitution. The President of the Republic, whose primary duty is
to comply and to enforce compliance with the Constitution, would not
be empowered to accept those stipulations. Even in case he should
accept them the Senate would reject them when they should be
submitted to it for its ratification. And moreover, in the remote
possibility that the Senate should not reject them, they would
continue to lack all validity, not only because the Mexican
Constitution expressly prohibits in its Article 15 “to enter into
conventions or treaties which abridge or modify the guarantees and
rights which the Constitution grants to the individual and to the
citizen”, but also because, following the criterion of our jurists
also held by North American commentators, if a conflict arises
between the text of a Constitution and a treaty preference is always
given to the former.
Besides, it is known that the Mexican Constitution, in Article 135,
establishes the legal procedure to amend or add to it, and that
General Obregon has already proposed the reglementary laws and
indicated in accordance with that article the Constitutional
amendments and additions required for the development of his policy
of interior reconstruction and of good understanding with other
countries.
Finally, the Mexican Government considers, as does the American
Government, that the conclusion of a Treaty of Amity and Commerce
[Page 414] between both nations
would be of great mutual benefits. The treaty could be concluded
with the complete goodwill of the Government of Mexico as soon as
this Government is internationally capacitated for that purpose.
[Enclosure 3—Translation26]
The Mexican Secretary of Foreign Affairs
(
Pani
)
to the American Chargé (
Summerlin
)
My Dear Mr. Summerlin: I have the pleasure
to refer to your letter of the 7th instant, with which I received
the summary of one of the telegrams sent by you to the Department of
State in Washington, in connection with the conversation which we
held on Saturday last in regard to memorandum no. 2.
With this letter I transmit the summary referred to, after having
made some small indispensable modifications to make it agree exactly
with my statements.
I remain [etc.]
[Subenclosure—Translation26]
Memorandum by the American Chargé (Summerlin) of a
Conversation with the Mexican Secretary of Foreign Affairs
(Pani), Modified by the
Mexican Secretary of Foreign Affairs
After Mr. Pani read me memorandum no. 2, he said that since General
Obregon was firmly determined to satisfy the just demands of foreign
governments, he did not wish to lose the spontaneity of his acts
before Mexico and the world by accomplishing this purpose under the
appearance of foreign pressure. “If this happened,” continued Mr.
Pani, “aside from wounding the dignity of Mexico and of the
President, the Government over which he presides would be weakened,
as would be the tendency with any government which appeared capable
of complying with its international duties only under pressure from
a foreign power.”
Referring to the proposed Treaty of Amity and Commerce, Mr. Pani
mentioned that it embraces two parts—commercial and political; that
the clauses relating to the first are acceptable in general,
requiring only slight changes of form or detail and some
amplifications; that the clauses of a political character, relating
principally to article 27 of the Constitution, to foreign claims for
damages caused by the Revolution, and to the religious question,
either agree fundamentally with the political program which General
Obregon is developing and are unnecessary or undesirable in said
treaty, or [Page 415] they are
opposed to the Mexican Constitution and therefore unacceptable.
“What really could affect American interests,” added Mr. Pani, “are,
on one hand, the reglementation which may be made of article 27 of
the Constitution, and, on the other hand, the form in which the
claims commission is made up.
“With respect to the future reglementation of article 27 of the
Constitution, the agreement of the executive and the legislative
powers in favor of the principle of nonretroactivity has already
been stated in various ways and on various occasions. What can the
Supreme Court of Justice of the Nation do other than to align itself
with the other powers of the Government in such an equitable
proposal? I believe that a very short time will elapse before we see
this presumption confirmed.”
With respect to damages caused by the revolution, Mr. Pani spoke of a
law which General Obregon has prepared and which is to be
promulgated soon, which provides in a practical way for a mixed
claims commission.
“Finally, as to the religious question,” said Mr. Pani, “it is
dangerous and unnecessary: dangerous because the Mexican
people—although this may appear untrue—are as fanatic about their
religion as about the reform laws which they consider written with
their own blood; and unnecessary because in Mexico—despite what may
be said to the contrary—religious tolerance is enjoyed normally to
the extent that it should be in a civilized country.”
