quest. He says that about 60 percent of the buildings of the town of Oaxaca were destroyed by earthquake last week and that some neighboring villages were totally destroyed. He says there is no real need there, either for food, medical supplies or clothing and that rebuilding of the city is the main problem confronting the community. I suggest that in view of the considerable number of deaths, now reported as over 200, the Department may care to send a message of sympathy to the Mexican Government. Furthermore, the Department may consider it advisable to inform the American Red Cross in case that organization should wish to make an offer to the Mexican Red Cross through the medium of the Embassy. CLARK 812.48/3829: Telegram The Secretary of State to the Ambassador in Mexico (Clark) WASHINGTON, January 19, 1931-5 p. m. 21. Department has received from American Red Cross check for $5,000 for relief of sufferers from recent earthquake in central and southern part of Mexico. Draw on Department for that amount and deliver proceeds to appropriate officers of the Mexican Red Cross for the purpose stated. Render separate account. 812.48/3828: Telegram STIMSON President Hoover to the President of Mexico (Ortiz Rubio) WASHINGTON, January 20, 1931. It is with the deepest regret that I learn of the recent earthquake in Mexico which has wrought such destruction and loss of life. On behalf of the people of the United States and in my own name, I wish to extend to Your Excellency and to the people of Mexico an expression of sincere sympathy. HERBERT HOOVER 812.48/3831: Telegram The President of Mexico (Ortiz Rubio) to President Hoover On behalf of the people of my country I deeply thank you for the sympathy which you were pleased to extend to the Mexican Nation in 1 Received in the Department of State on January 26. 591381-46—VOL. II-52 the name of the noble American Nation. On my own part I also thank the people of the United States for their expression of sympathy as well as you for the personal sentiments you express as their worthy Chief Magistrate. ** P. ORTIZ RUBIO 812.48/3837 The Ambassador in Mexico (Clark) to the Secretary of State No. 211 MEXICO, February 21, 1931. [Received March 2.] SIR: I have the honor to refer to my despatch No. 196 of February 13, 1931, with its enclosure,2 regarding the kind action of Consul Richard F. Boyce, of Nuevo Laredo, in sending a contribution of 205.87 pesos, raised in Nuevo Laredo, Mexico, at Mr. Boyce's initiative, for the earthquake sufferers in Oaxaca. I now wish to report that Mr. Boyce sent the Embassy a supplementary contribution raised in the same manner, of 23.08 silver pesos, and that these two contributions were forwarded to the Foreign Office with the Embassy's note No. 219 of February 16, 1931.3 For the Department's information, I have the honor to enclose copies of the Embassy's note under reference, together with a copy, with translation, of the Foreign Office's note No. 172 of February 18, 1931, in reply thereto, expressing the sincere appreciation of the Mexican Government for Mr. Boyce's action in raising these funds for the Oaxaca earthquake sufferers. Respectfully yours, J. REUBEN CLARK, JR. REPRESENTATIONS AGAINST ACTION OF MILITARY PROSECUTOR IN SUMMONING AMERICAN CONSULAR OFFICER TO GIVE TESTIMONY WITHOUT AFFORDING HIM OPPORTUNITY TO CONSULT AMERICAN GOVERNMENT 812.203/1 The Vice Consul at Guaymas (Yepis) to the Secretary of State No. 114 GUAYMAS, November 8, 1930. [Received November 15.] SIR: I have the honor to inform the Department that this Consulate received on November 4, 1930, an order for the American consular officer at Guaymas to appear on November 5, 1930, at 11:00 A. M., "Neither printed. 8 Not printed. 4 None printed. before General Jesús Torres Avilés, Military Prosecutor (Licenciado y Agente del Ministerio Público Militar) in this city in connection with an investigation being made with regard to General Pascual Gónzalez. General Gonzalez appears to have been assigned to Guaymas as Military Prosecutor and to have arrived here in compliance with his order about one week before the insurrection of March-April, 1929,5 started. It further appears that he remained in Guaymas during the time that this port was under the control of the revolution. Although he is stated to be at present in the service of the Mexican Federal Government in his former capacity, he desired that an official investigation be made in order that the Government would see that his actions during the revolt were not belligerent to the Central Government and that he attempted to leave the territory under the control of the rebels. When the undersigned officer appeared before the Military Prosecutor in answer to the summons, he was given the Court's file on the case to read over and to answer such questions in which the Consulate was mentioned. In one place General Gonzalez states that the "Consul" (without indicating of what country) had repeatedly offered him asylum during the revolution. In another place he specifically mentions the American Consulate in stating that on one occasion he eluded the constant vigilance placed over him by the Insurrectionists and came to this Consulate in order to ask what requirements there were, and to fulfill them, in order to go to the United States. No other mention, directly or indirectly, was made of "Consuls" or the "American Consulate" in the file mentioned. With regard to asylum, the writer saw no objection in repeating to the Military Prosecutor what the well-known policy of this office had been during the revolt on that question, that is, that it neither offered nor afforded asylum in the consular premises to any other than American citizens. (It later developed in the testimony given by M. Vielledent, French Consular Agent at Guaymas, that it was he who had actually offered asylum to General Gónzalez and had at least on one occasion afforded him such asylum under the protection of the premises of the French Consular Agency). With regard to General Gónzalez' visit to the Consulate in endeavoring to leave rebel territory and to enter the United States, the Military Prosecutor was informed by the undersigned officer that it was not recalled as to whether or not such had been the case. Other minor answers were given by the writer which, however, were of no importance, such as Consul Bursley's charge of the Consulate during the period in question; Consul Bursley's definite absence from Guaymas; and Consul Smale's temporary absence from Guaymas. ! 812.203/2 The Secretary of State to the Ambassador in Mexico (Clark) WASHINGTON, December 4, 1930. SIR: The Department encloses herewith a copy of a despatch dated November 8, 1930, from Vice Consul A. F. Yepis at Guaymas, Mexico, reporting that on November 4, 1930, his Consulate received an order directing the American consular officer in charge at Guaymas to appear on November 5, 1930, 11 a. m., before General Jesús Torres Avilés, Military Prosecutor, to give testimony at an investigation which he was conducting of alleged activities of General Pascual Gónzalez during the insurrection of March and April of last year. You will note that the Vice Consul appeared before the Military Prosecutor and gave certain testimony based upon official information contained in the Consulate's files, which information is the exclusive property of this Government. In view of the facts as reported by the Vice Consul, the Department desires that you bring this matter to the attention of the Mexican Foreign Office and say that, while your Government recognizes that responsibility for the action taken rests with a subordinate military authority, it considers that it should remind the Mexican Government that, under generally recognized practice as between nations, when the testimony of a consular officer is desired and particularly in respect of political matters, the proper course would seem to be for the ap propriate official to extend to the designated consular officer a written invitation to give testimony, setting forth therein the date and purpose of the inquiry. Furthermore, you will state that the Vic Consul should have been given sufficient notice in advance to permit him to consult his Government in the premises, assuring the Foreig Office that if the Department had been so consulted it would in a likelihood have given favorable consideration to the wishes of th Mexican Government and authorized the Vice Consul to give tes mony at the Consulate. A copy of this instruction is being sent to the Vice Consul at Gua mas for his information. Very truly yours, For the Secretary of Stst 812.203/4 The Ambassador in Mexico (Clark) to the Secretary of State No. 67 MEXICO, December 22, SIR: I have the honor to refer to the Department's instruction N of December 4, 1930, advising me of the Department's desire th bring to the attention of the Foreign Office an expression of the 1 partment's disagreement with the action taken by General Jesús Torres Avilés, Military Prosecutor at Guaymas, Sonora, in issuing an order to the American Consular officer in charge at that place, who was Vice Consul A. F. Yepis, to give testimony at a hearing conducted by General Avilés on November 5, 1930. I trust the Department will pardon my recalling its attention to the consular immunity incident of 1927, between the United States and Mexico (see Department's instruction to this Embassy, No. 64, December 17, 1927, file No. 817.00 T 35/20), when a Senate investigating Committee having summoned before it the Mexican Consul General of New York, the Mexican Government, invoking the principles and practices of international law, expressed the opinion that the Government of the United States ought to extend to the Consul General of Mexico in New York complete immunity from obedience to the order which he had received, and to our reply thereto, that the Government of the United States did not on the question of consular immunity hold the views expressed by the Government of Mexico. 7 If meeting the Department's convenience, I would appreciate receiving an instruction, giving, as nearly textually as may be possible, the exact representation it wishes me to make in this matter, so that I shall be sure properly to set out the Department's views. Respectfully yours, 812.203/5 J. REUBEN CLARK, JR. The Secretary of State to the Ambassador in Mexico (Clark) No. 79 WASHINGTON, January 27, 1931. SIR: The Department has received your despatch No. 67, December 22, 1930, requesting to be given an exact indication of the representations which the Department desires made to the Mexican Foreign Office concerning the action of the Military Prosecutor at Guaymas, Sonora, in ordering the American Vice Consul at that place to give estimony in a hearing conducted by the Prosecutor November 5, 1930. It is desired that the representations take the following form: My Government has been advised by the American Vice Consul in harge at Guaymas, Sonora, that November 4, 1930, he was ordered > appear November 5, 1930, before General Jesús Torres Avilés, Miliry Prosecutor in that city, in connection with an investigation being ade with regard to activities of General Pascual Gónzalez during e revolutionary demonstrations which occurred in the spring of 29, and that the Vice Consul appeared before the Military Prosetor and gave certain testimony based on official information con Not printed; see Foreign Relations, 1927, vol. III, pp. 248 ff. See note from the Mexican Ambassador, December 14, 1927, ibid., p. 250. |