The New York herald., 1921-06-08
OREGON MUST Sign
TREATY GUARANTEES
| TO GET RECOGNITION
Statement by Hughes Indi-
Gates No Time Will Be Lost
in Useless Parleying.
mo ALTERNATIVE OPEN
Says the Question Hinges
on Interpretation Of
1917 Constitution.
WANTS WRITTEN PLEDGE
U. S. Property Rights Para
mount if This Country Is to
Join in Any Agreement.
WANTS WRITTEN PLEDGE

Washington, ID. c., June :.
Mexico was informed to-day through
the medium of a formal statement
from the State Department that when
It appears that there is Government
in Mexico willing to bind itself to the
discharge of primary international OBJ
legations" recognition will be extended
by the United States.
The statement, made public by Sec
retary Hughes. follows the reply sent
by President Obregon of Mexico to the
proposals made to him through Ameri-
can Charge Summerlin at Mexico city
for negotiation of treaty of amity
and commerce.
From the direct manner of Mr..
Hughes's statement, it Is assumed that
President Obregon has raised objec-
ton to signing the treaty. Secretary
Hughes indicates no time is to be
wasted in useless parleying. He states
the issue, describes the solution and
the effect Is that Mexico may take it
or leave it."
Statement Is Very Direct.
With a directness which must come
as a surprise to the Mexican authorities
accustomed as they have been for eight
years to an interminable correspondence
from washington. Mr.. Hughes says the
whole question centres about the inter-
probation of Article 81 OF the Mexican
constitution, which is regarded as con-
fiscatory of American rights.
The following statement on the sub
ject was issued:
"The fundamental question which con-
fronts the Government OF the United
states In considering Its relations with
Mexico is the safeguarding OF property
rights against confiscation. Mexico II
free to adopt any policy which sne
pleases with respect to her public lands
but she Is not free to destroy without
compensation valid titles which have
been obtained by American cltizchs uh-
der Mexican laws.
"a confiscatory policy strikes not only
at the interests of particular individuals
but at the foundation Of international
intercourse. for II Is only on the basis
of the security of property validly pos
sessed under the laws existing at the
time OF its acquisition that commercial
transactions between the peoples OF two
countries and the conduct Of activities
in helpful cooperation are possible.
Must Give Assurances.
This question should not be confused
with any matter of personality or of the
recognition of any particular adminis-
tration. Whenever Mexico Is ready 20
give assurances that she Will perform
her fundamental obligation In the pro-
lection both OF persons and OF rights
of property vadily acquired there will
be no obstacles to the most advan-
tageous relations between the two
peoples.
This question is vital because of the
provisions inserted In the Mexican con-
stitution promulgated in 1917. II these
provisions are to be put into effect re-
troactively, the properties of American
citizens will be confiscated on n great
scale. This would constitute an inter-
national wrong OF the gravest character
and this Government could not submit
to its accomplishment. II 1t be said that
this wrong is not intended. and that the
constitution of Mexico of 1917 will not
be construed to permit, or enforced SO
as to effect. confiscation, then II Is i'm
portant that this could be made clear by
guarantees in proper form. The pro-
visions of the constitution and the execu-
tive decrees which have been formulated
with confiscatory purposes made II
obviously necessary that the purposes OF
Mexico should be definitely set forth.
Accordingly this Government has
proposed a treaty of amity and COM
merce with Mexico, In which Mexico
VIII agree TO safeguard the rights OF
property which attached before the con-
stitution of 1917 was promulgated. The
question, IL will be observed, Is not one
OF particular administration, but OF
form which has become necessary as an
international matter because of the pro-
visions Of Its domestic legislation. IL
Mexico does not contemplate a confisca-
tory policy. the Government of the
United States can conceive of no possible
objection to the treaty.
The proposed treaty also contains
the conventional stipulation as TO COM
merce and reciprocal rights In both
countries. 1t also provides for the con-
clusion of a convention for the settle
ment OF claims for losses of life and
property. which. of course, means the
prompt establishment OF suitable
claims commission In which both coun-
tries would be represented. in order TO
effect a just settlement. There Is also
provision for a just settlement OF
boundary matters.
The question OF recognition is a sub
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