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various countries to appoint mixed commissions to appraise the responsibilities of the Mexican Nation for damages caused to foreigners, and to the deliberations of Congress and of the Supreme Court of Justice, where the nonretroactivity and nonconfiscatory character of article 27 of the Constitution will be promptly determined. I consider these steps all the greater in importance as they coincide with the observations in your letter in regard to the decisive effect they would have upon the uncertainty of the present international situation.

Therefore, since the Government of Mexico has already invited the Government of the United States to appoint a mixed claims commission, I hope that as soon as article 27 has been regulated by our Congress or interpreted by decisions of the Supreme Court of Justice, the abnormal state of official relations between Mexico and the United States, so detrimental to the material and spiritual interests of the two peoples, will be ended.

In conformity with your wishes, and confident that the best channel for our exchange of views is the officials of the Department of State of the United States and the Department of Foreign Affairs of Mexico, I am sending this letter to Mr. Téllez, our Chargé d'Affaires in Washington, in order that he may deliver it informally to you with the expression of my sincere esteem.

A. OBREGON

812.6363/951

The Chargé in Mexico (Summerlin) to the Under Secretary of State

(Fletcher)

MEXICO, September 1, 1921.
[Received September 21.]

35

DEAR MR. FLETCHER: With reference to the recent so-called nonretroactive decision of the Supreme Court, you will be interested to hear, if you do not know it already, that no decision of the Mexican Supreme Court may be considered as establishing a precedent. I received a report, indirectly, from a Mexican lawyer this morning, to the effect that the Supreme Court, acting tomorrow, say, on a denouncement case similar to that of the Texas Oil Company, could render a decision directly opposite to that rendered on August 30th. This being the case, it appears to me that we should continue to press for the signing of the proposed Treaty of Amity and Commerce.86 In this connection, Mr. Pani admitted to me several days

36

Decision of Aug. 30, 1921, in the amparo case of the Texas Oil Co., p. 464. Ante, p. 397.

ago that such a Treaty would be of the greatest assistance to the Central authorities in cases where State Legislatures would attempt to pass and enforce radical legislation such as the Vera Cruz law for the division of profits, the Durango Agrarian Law and other objectional State legislation.

Very sincerely yours,

37

GEORGE T. SUMMERLIN

812.6363/1042%

President Harding to the Under Secretary of State (Fletcher)

WASHINGTON, November 19, 1921.

MY DEAR SECRETARY FLETCHER: I have read with very great interest your letter of November 14th 38 relating to the brief of the Legal Department of the Department of State 38 on the decision of the Supreme Court of Mexico in the Texas Company case. I have not taken the time to make a study of the brief. Nothing has arisen to change my mind about our proper attitude toward Mexico. It will be better to have a complete understanding when we resume relations rather than to attempt to seek the understanding after the resumption of relations is established. This policy is quite in harmony with all that I said during the political campaign of 1920, and it is quite in harmony with everything which has been said directly or indirectly to President Obregon.

I am well aware that there is a change of front on the part of many interests which heretofore strongly opposed recognizing Mexico, if their attitude was not more specifically hostile. Apparently a number of these interests have come to an understanding on their own account and are now addressing themselves as agents of the Mexican government as a result thereof. I am sure this change of attitude has not materially altered the opinion of yourself and your associates, and I know it has not had anything to do toward effecting a change of mind on my part. I wish we might recognize Mexico and reestablish helpful relationships. It is futile to venture upon such a course without a complete understanding if we mean to perform our first duty in protecting American rights.

Very truly yours,

ST See pp. 473 ff.

25 Not printed.

WARREN G. HARDING

ATTITUDE OF OTHER GOVERNMENTS TOWARD RECOGNITION OF THE OBREGON GOVERNMENT &

812.00/24839

89

The Chargé in Mexico (Summerlin) to the Acting Secretary of State No. 3574

MEXICO, January 7, 1921.
[Received January 20.]

SIR: Referring to the autograph letter which, under date of November 25th last, President Ebert of the German Government addressed to Mr. de la Huerta (see the Embassy's despatch No. 3556 of December 31st), and to frequently recurring assertions by the local press to the effect that Count Montgelas, the German Minister in this city is about to present his letters of credence, the latter recently stated in the course of a private conversation, that Mr. Ebert had acknowledged the receipt of Mr. de la Huerta's notification of his accession to the Presidency of the United Mexican States only at the repeated instance of Mr. Balbino Dávalos, Mexican Minister at Berlin, and with the agreement that such acknowledgment be regarded by the Mexican Government solely as a manifestation of personal courtesy, and that it be kept from publication until the extension of recognition by Germany, which would be withheld until accorded by the United States or by a major European power. In conclusion, Count Montgelas denied the receipt of instructions to present his letters of credence or of any intimation of their early presentation, and confidentially implied that the Mexican Government has, since his arrival in this city five months ago, consistently endeavored by every means at its disposal, to extort recognition from Germany.

I have [etc.]

GEORGE T. SUMMERLIN

812.00/24830: Telegram

The Chargé in Mexico (Summerlin) to the Acting Secretary of State

MEXICO, January 10, 1921-noon.

[Received 6:37 p.m.]

7. Local press publishes Foreign Office statement that Ecuador has recognized Mexican Government.

SUMMERLIN

39 For previous correspondence relating to this subject, see Foreign Relations, 1920, vol. II, pp. 169-199, passim.

10 Ibid., p. 199.

812.00/24846: Telegram

The Chargé in Mexico (Summerlin) to the Secretary of State

MEXICO, January 27, 1921, 10 a.m.
[Received 4:54 p.m.]

29. Coincident with the arrival here of General Garibaldi on a special commercial commission the local press announced the recognition of Mexico by Italy.

The Italian Minister stated to me yesterday that his Government considered and had so instructed him that its diplomatic relations with Mexico had not been interrupted.

SUMMERLIN

812.00/24871

The Chargé in Mexico (Summerlin) to the Secretary of State No. 3676

42

MEXICO, February 18, 1921.
[Received February 28.]

SIR: With reference to my despatch No. 3641, of February 3, 1921, relative to the recognition of Mexico by Italy, I have the honor to report that in a private conversation with the Italian Minister here, on the 16th, Mr. Carrara stated to me that he did not know whether or not his Government had recognized General Obregon. He said that he had received a telegram from Mr. Brambilla, the Italian Chargé d'Affaires ad interim at Washington, reporting local press notices to the effect that Italy had recognized the new Government in Mexico and asking for an explanation. Mr. Carrara stated that he had replied to Mr. Brambilla requesting that the press notices be not denied and adding that he did not know whether Mexico had been recognized or not.

I have [etc.]

GEORGE T. SUMMERLIN

$12.00/24927

The Chargé in Mexico (Summerlin) to the Secretary of State No. 3749

MEXICO, March 19, 1921.
[Received March 30.]

42

SIR: With reference to my telegram No. 57, March 17, 10 a.m., 2 in regard to the reports that France had recognized Mexico, I have the honor to report that Mr. Pani's statement to me in confirma

Not printed.

43

Alberto J. Pani, Mexican Secretary of Foreign Affairs.

tion of the report appears to have been based on the action of the President of the French Republic in acknowledging the receipt of General Obregón's autograph letter announcing that the latter had assumed charge of the Executive power in Mexico. The Department will recall that a similar acknowledgment was made, several months ago, by the President of Germany but that action was not considered recognition by Germany, nor has Count Montgelas, the German Minister designate, who is here, presented his credentials, although he is in informal contact with the officials of the present régime.

With reference to the reported appointment of a French Minister to Mexico, the French Chargé d'Affaires, in reply to the inquiry of a colleague, stated that he did not know whether or not the French Minister would be prepared to present letters of credence on his arrival here.

I have [etc.]

GEORGE T. SUMMERLIN

812.00/24940

The Minister in Venezuela (MeGoodwin) to the Secretary of State No. 2297

CARACAS, March 19, 1921.
[Received April 11.]

SIR: I have the honor to report that Doctor Gil Borges, Minister of Foreign Affairs, told me today that Doctor Salvador Guzmán, Mexican Chargé d'Affaires, told him a few days ago that he had been instructed" to inquire as to the attitude of the Government of Venezuela toward the present Government of Mexico." Doctor Gil Borges said that he had replied that the Government of Venezuela "had been glad to welcome him on his return to Caracas," on February 13, 1921 but that no action would be taken by this Government in the nature of formal recognition of the Obregón Government "at this time." The Mexican Chargé d'Affaires was represented as having indicated that the instruction was telegraphic and circular.

Doctor Gil Borges took occasion to remind me that the present Government of Venezuela has awaited invariably the action of the Government of the United States in granting recognition to other Governments, mentioning especially the various changes in the Government of Mexico, Costa Rica, et cetera, the sole exception being "the necessity for recognition of the Ebert Government in Germany, precipitated by an inquiry from Clemenceau in December 1919." PRESTON MCGOODWIN

I have [etc.]

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