File No. 312.112F821/2.
The American Consul at Chihuahua to the Secretary of State.
([undated;] Received April 17, 1912—7.30 p.m.)
Department’s 15th. Fountain born in Lamesella, New Mexico. Family well known there. Execution plain murder and over protests made to military headquarters here by me personally and to Salazar at Parral by consular agent, according to instructions. Other prisoners captured but only Fountain executed, and there is every reason to believe that execution was because of nationality. There is nothing to show that Fountain had acquired Mexican citizenship. He was executed in full knowledge part of rebels that he was American. Naturalization records are kept at Mexico; it will doubtless be easily ascertainable if Fountain applied for Mexican citizenship, papers.
Informal conference with Orozco this morning. Apology made for the tone of correspondence with this office and for seizure mail and delay telegrams.
Basis for unofficial recognition consular functions accepted without reservation as follows:
- First. Relief from espionage, person and consulate.
- Second. Transmission telegrams cipher or open without delay.
- Third. Right of informal conference with commander in chief at any hour.
- Fourth. Noninterference with mail.
- Fifth. Americans to have a right to appeal to consul at all times regardless of offense.
- Sixth. General recognition the right to visit imprisoned Americans whether incomunicado or not.