612.0023/70
The Secretary of State to the Mexican Chargé (Téllez)
Sir: I have the honor to acknowledge the receipt of your note of December 31, 1923,17 in relation to the closing of the ports of Vera Cruz and Manzanillo, Mexico. You say that those ports were declared closed to foreign commerce by your Government by the method provided for in the law of Mexico, namely, by means of a decree of the Mexican Executive, made known to this Government through your Embassy in compliance with the requirements of international usage.
You add that, as a consequence, those responsible for the mooring of vessels and the loading and landing of persons at those ports which have thus been closed by your Government will be subject to trial and punishment in accordance with the law of Mexico as having been done outside of the ports open to foreign trade, and that import, export and other duties paid at those places to private persons no matter what title they carry nor what character they assume shall be held as unpaid for the purposes of the revenue laws. Finally you say that the situation must be temporary and that you will take pleasure in letting the Department of State know when the ports will be reopened.
In reply I have the honor to inform you that this Government, with the friendliest disposition toward the Mexican Government, feels obliged, following a long line of precedents, to respect what [Page 440] are believed to be the requirements of international law, to the effect that a port of a foreign country declared by the government thereof to be outside of its control, cannot be closed by such government save by an effective blockade maintained by it. Therefore, this Government takes the position that it cannot advise American citizens engaged in commerce with Mexico that they cannot have access to ports outside of the control of the Mexican Government and in fact controlled by insurgent forces. Moreover, this Government feels obliged to inform such American citizens that they may, in conformity with international law, deal with persons in authority in such ports with respect to all matters affecting commerce therewith.
It is earnestly hoped that the Mexican Government will appreciate the necessity which impels this Government to take this stand, and that it will accordingly consider the wisdom of the withdrawal of the decree of December 10 last and of other like orders, so that no divergence of opinion may be manifested between the two Governments respecting the law applicable to the situation.
In conclusion I desire to inform you that the position of this Government as above set forth has been communicated to the Foreign Office of your Government by the American Chargé d’Affaires ad interim at Mexico City in pursuance of telegraphic instructions sent to him under date of January 23, 1924.
Accept [etc.]
- Not printed.↩