811.2222 (1940)/4685
The Mexican Ambassador (Castillo Nájera) to the Secretary of State
Mr. Secretary: I have the honor to quote below to Your Excellency the contents of a communication which the Consul of Mexico at San Diego, California,3 has sent to this Embassy:
“Starting on the date on which there was communicated to this Consulate the Convention entered into between our country and the United States, of January 22nd last,4 relative to military service, the corresponding steps have been taken in behalf of certain Mexicans residing in Tijuana, Baja California, who, either because of working or of having been born on the American side, registered for military service. These steps have been taken in order to have them released from the obligation to serve in the armed forces in this country, because of residence in Mexico and their being registered for military service in our country also, on the basis of Article IV of the Agreement mentioned.
“Notwithstanding, the Local Boards mentioned are continuing to call them, and in the majority of cases they have been adjudged delinquents, the corresponding warrant for their arrest being issued.
“As the communications of this Consulate are not answered, they have been called by telephone, and the excuse which they give is to the effect that they do not know of the Agreement in question and that when they have consulted the State Selective Service Coordinator or Director regarding the cases, the reply has been given them that the persons concerned are not protected by any law or agreement and that they must induct them or issue the warrant for their arrest as delinquents. For this reason, I am taking the liberty of sending to you a list of the cases of Mexicans, all residents of Tijuana, that are pending settlement; they had at least two years of residence in Mexican territory before the Agreement mentioned was signed”
For which reason I request Your Excellency to be good enough to order the necessary steps to be taken in order that the Local Boards in the State of California may be instructed regarding the procedure which they are to follow in cases of this nature, in conformity with the Agreement mentioned, which is in effect.
[Page 403]Your Excellency will please find enclosed, a list5 of cases in which the Consul of Mexico at San Diego, mentioned above, has made representations in behalf of Mexicans before the respective Local Boards, on the basis of the Agreement on military service, between Mexico and the United States, of January 22nd of the present year, which representations have been ineffective.
I present [etc.]