File No. 812.113/218.
The Acting Secretary of State to the President.
Washington, March 16, 1912.
Dear Mr. President: Since the issuance of your proclamation of the 14th instant by which it is made unlawful to export arms and [Page 749] munitions of war from any place in the United Stales to Mexico, with the proviso that such exportation can be lawfully made only in accordance with such exceptions and limitations as you may deem it necessary to make, the question of exceptions, as was foreseen, has come before the Department, up to the present time, only in three aspects.
In so far as shipments of arms and munitions to the Madero Government are concerned the Department feels that any exception at the present time would be most unwise, as it would tend to imply that this Government specifically desires to favor the Madero Government and would thus cause reprisals on the part of the revolutionists, and possibly some overt act which would lead to most serious consequences.
The Department also feels that it would be, for the present certainly, unwise to permit special shipments of large amounts of explosives to private enterprises in Mexico, as they would be subject, just as they have been all along, and particularly in disaffected districts, to seizure by rebel or Federal forces or by both, and if so seized would tend to defeat the purpose of the joint resolution of Congress and of your proclamation.
In the third instance, however, which is one arising in connection with a telegram from the Embassy at Mexico City, reading substantially as follows:
Finding it impossible to secure sufficient arms and ammunition for their purposes, the arms and ammunition committee of the American colony organization have formally requested me to ascertain from the Government of the United States whether 500 rifles, with the necessary ammunition, can be loaned, sold, or given to the organization. If the rifles and ammunition can be sold, they desire to know the price thereof. Are there not at San Antonio some Krag-Jorgensens out of use? While the governor of the Federal District is well disposed, he has few arms and what he has are inferior.
the Department feels most strongly that a due regard for the safety of American citizens at that place makes it incumbent upon this Government, in spite of the evident possibility that the transportation of the arms and munitions that may be sent to the Americans in Mexico may be attended with danger, to make an exception to the general order declaring the exportation of arms and munitions of war from any place in the United States to Mexico unlawful and to permit their shipment. They should, however, be consigned to the American Ambassador in Mexico City, and he should be required to satisfy himself before turning them over to the committee of the American colony organization that they will not be used nor be liable to be used in any way so as to promote domestic disorder. It may be observed in this connection that if Americans in other sections or places should require arms and ammunition, shipments thereof could be sent to them by having the arms in question consigned to the nearest consul, who shall then, in the same way as in the case of the arms consigned to the Ambassador, assume the responsibility for the use that is to be made of them.
In order to carry out and make effective the exception which this Department believes desirable in the case of the Embassy, it is submitted that you will doubtless wish to follow the form of the orders issued in the case of Santo Domingo in pursuance of the provisions of [Page 750] joint resolution No. 25,1 Fifty-fifth Congress, second session, April 22, 1898, and I therefore have the honor to inclose a suggested draft of such order2 prepared to meet the requirements of the situation in Mexico and specifically the case of the American colony organization in Mexico City. All action of this character presupposes, of course, the consent or acquiescence of the Mexican authorities, which, in the instance of Mexico City, has already been given.
The importance of this matter prompts me to request that you will be good enough to give it such early consideration as your other duties will allow.
I have [etc.]