New-York tribune., 1919-08-26
Mexican Retroaction


deposed and then murdered by military
conspirators headed by Huerta. Venus
tiano Carranza, Governor of Coahulla,
greatly to his credit, refused to submit
TO the dictator and took up arms to re-
store constitutional government, particu-
larly the Juarez constitution of 1857.
The "plan of Guadalupe" outlined the
purposes of Carranza and it's principles
were repeatedly redeclared, for example,
in the Declaration of June Is, 1915,
wherein Carranza said that his object
was to restore the constitution, and that
as regards foreigners, residents of or in
vestors in Mexico, the constitutional gov
ernment would afford them "all the guar
antees to which they are entitled under
our laws and "amply protect their lives,
their freedom and the enjoyment of the
rights of property, allowing them in
IDENTITIES for the damages which the
revolution may have caused to them"
Carranza won, largely because of those
pledges, for they brought to him the
moral and material support of the United
States. Huerta was driven out not so
much by the force Of Carranza's armies
as by the steady pressure of Washing
ton against him. Mexico was turned
over to the Mexicans who pretended to
stand for freedom and justice, and every
American rejoiced in the hope that a
troubled neighbor was to have peace.
Instead of keeping his pledges Car
rama began Immediately to break them.
He did not surrender his sword, as Wash
ington did to legally constituted author
ity, but said it was first necessary to
have a new constitution and a new or
ganization. He summoned to Queretaro
company of delegates, named by him,
and through them practically decreed a
new organic law. The Constitutionalists
Of Mexico threw the constitution they
had fought for into the scrap heap and
pretended to establish new instrument.
One of its provisions was that old and
long recognized titles should not be valid.
Retroactive provisions were inserted,
which placed everything at the mercy
Of the new dictator.
Under the authority alleged to have
been conferred a policy of confiscation
was embarked on. There was not merely
denial of the right Of foreigners to
acquire property, but the property they
already owned was put at the disposition
of Carranza and his group. In the guise
of establishing government ownership
the government began seizing other peo-
pies property. There was only a pre-
tence of compensation. The sums to be
allowed were to be fixed by the national
and state governments and bonds printed
which owners must receive at their face
value or get nothing.
The life and fortune of every foreigner
were openly delivered into the hands of
Carranza. Article 81, of the Queretaro
constitution, provides: "The Executive
shall have the inclusive right to exuel
from the republic forthwith and ,oithout
Judac'ot process any foreigner whose
presence he may deem inexpedient." So
Americans in Mexico have no rights the
government is compelled to respect IF
they are murdered or robbed-and scores
nave been-their friends, If they dare
protest, are loaded on trains and sent
over the border, stripped of all possess
sions
Spanish lawyers love metaphysical law
ana they have evolved the doctrine that
nation, if it so elects, may make laws
retroactive. The argument. naturally
does not appeal to those interested in
another legal tradition, a tradition which
No''s e'ghely to the doctrine that there
are thlngs not even a nation NAV do
ne e1 post facto doctrine thus revived
III Mexico Is in essence another ex-
preston OF the Prussian theory that o
state Is supermoral and NAV do anvtb;no
that 1t pleases. Carranza has become .
dictator as much as Diaz was. He rn]es
with substantially the same iron hand
indeed, his army is larger than the ono
on which Diaz relied. To the faults ~
Dlaz ne adds those of Lenine.
Crisis with respect to Mexico are re-
currently precipitated by bandit Mex
leans doing on their own account that
which a bandit government does in the
name OF the nation. But the banditrv
OF the government is the more important
a situation has been created which can
not forever be endured. Yet so far
MEXICO as nation has not divorced
nerself from responsibility for what is
done IN her name. If she keeps in power
20 'ns'ssans, plsdge-bresksr a. Venus
Ia&no Carraaza. . man who has betrayed