File No. 312.11/868.
The Acting Secretary of State to the American Ambassador.
Washington, September 15, 1912—11 p.m.
Your September 12, 10 p.m.
After paragraph ending on page 5 insert the following as separate paragraph: “In this connection the Government of the United [Page 842] States observes, for the information of the Mexican administration, that it is just as little of a disposition to tolerate the arrest of American citizens on frivolous and inadequate charges, and their imprisonment in insanitary and filthy jails in consequence of the refusal of local authorities to admit them to bail. Such arrests have, most regrettably, been numerous and continue to occur, and although frequent and urgent remonstrances have been made they have almost always, unfortunately, been without satisfactory result. The Government of the United States fully understands that Americans resident in Mexico who offend against the laws of Mexico must expect commensurate punishment therefor; but it can not in justice to its nationals permit them constantly to be made the objects of the tyranny of petty local authorities, or of intrigue or anti-American sentiment.”
After the words “is an asset,” on page 7, insert the following as two sentences: “The instances here cited of the disposition of the Mexican Government, either through inadvertence or otherwise, to permit wrongful acts against legitimately acquired American rights do not by any means constitute all which might be made the subject of remonstrance. Those set down, however, are the most recent instances of the kind, and are illustrative of conditions which appeal insistently to the attention of my Government.”
In the sentence referring to The Tlahualilo Co., after the words “was rendered,” substitute for “under the influence of the Federal Department of Fomento” the words “under adverse influence upon the court from official quarters.”1
Immediately prepare final draft of note with the foregoing changes, and await further instructions.