The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-01
SCOPE OF MEXICAN
TREATY OUTLINED
Colby Says American Prop
erty Rights Must Be
Recognized.
WRITES TO PESQUIERA
Suggests Commission to En-
body All Understandings
Reached.
WRITES TO PESQUIERA
Sps~-' Despatch to THE NEW YORK HERALD
New York Herald Bureau,
Ill q Nxax

Spsv~-' Despatch to THE NEW YORK HERALD,
New York Herald Bureau.
Washington, ID. O., Nov. 80.
Mexico must recognize the validity of
American property rights i'll that coun-
try and admit in writing that Article
81 of the Mexican Constitution will not
be retroactive nor confiscatory before
the United States will extend recogni-
ton.
That condition is laid down in let
ter by Secretary of state Colby under
date of November 20 TO Roberto ". Pes
quiera, confidential agent of the Gov
eminent of Mexico. which was made
public to-day.
This ia the letter:
my Dear Mr.. Pesq1ttsra.
The conversations which We have
had since the receipt of your notable
ter OF October ss, I am very pleased
q say, have been entirely in keeping
with the spirit and tenor Of the express
sions it contained, and have quite con-
frmed the agreeable anticipations it
aroused,
Il think NAV say. as one OF the re-
suits of these discussions, that no doubt
can reasonably be entertained OF the
high and enlightened purposes that ac-
tuate the present Government of Mexico,
and | am fully persuaded that you real
ize the friendship and disinterestedness
toward your country which animate this
Government
I'VE have not required the assurances
so unqualiiedly given in your letter OF
Mexico's regard for the discharge of her
obligations and of her respect for the
principles OF international law. Your
suggestion of a Joint arbitration commit
tee to adjudicate' the claims presented by
citizens of other countries for damages
sustained as a result of disorders in
your country and the further proposal
to enlarge and strengthen existing treaty
provisions for the arbitration of all con-
troversies now pending or which may
arise between our respective nationals
bring convincing support to your dec
larations. II that were needed.
'You refer at length to the misunder-
standing that has arisen and which has
widely prevailed as to the true scope
and effect of Article 81 of the Mexican
Federal Constitution. That such mis-
understanding exists and exercises re-
straint upon the impulses OF friendly
Governments in their desire to cooper
ate with the Mexican people in the TO-
covery of the full measure of their ma
terial strength and prosperity cannot
be denied.
"But can conceive o. thing better
calculated to correct THIS misunder-
standing and to allay the fears of those
who have acquired valid titles or who
have made substantial investments in
xtrft
reliance upon Its protection than the
statements of your letter referring to
the declarations of President de la
Huerta and President-elect Obregon to
the effect that Article 81 is not and
must not be interpreted as retroactive
or violative OF valid property rights
THE interest of other nations in this
subject should not, and l am convinced
It is not, attributed to any desire to in
fiuence or interfere with Mexico in the
adoption and pursuit OF any policy with
regard to its lands and resources which
expresses its aspirations and satisfies it's
people. Indeed, 4snay remark that there
Is wide sympathy for the apparent desire
of your country to inaugurate policy
which shall protect it's great resources
against waste, dispersal or other improvi-
dent treatment. The freedom to do this,
which no one can dispute nor even crlti-
else, Is IN no SENSE compromised ny biit
due respect for legally vested interests.
which you so fully avow with a con-
vincing sincerity which is beyond ques-
ton.
'1t only remains 20 give these under
standings a form which Is usual in deal
ings between friendly States. and have
the honor TO suggest, as our fruitful dis
cusslons draw TO a close. that commits
sioners be promptly designated by both
Mexico and the United States to formu-
late a treaty embodying the agreements
which have been reached as the result OF
your successful mission.
ct am. my dear Mr.. Pesquiera, sincere
~ yours, BArNBRIDGE COLBY"