Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-13

But recognition, albeit conditional,
has been granted.
In the Fall of 1926 the present
petroleum law was presented to the
Mexican Congress. Prior to it's pas
sage the American Government point
ed out that il passed it would violate
the promise made to Messrs. Warren
and Payne and protested against its
adoption.
Agreement Violated, Says l.. s.
A long interchange Of diplomatic
correspondence ensued. The Ameri-
can Government maintained the po-
sition that the agreement, basis of
recognition, was violated. The Next
can government adroitly replied that
the promises made to Messrs. Warren
and Payne bound only the govern
ment of Oregon and did not bind the
government OF his successor, Gales.
overlooking the fact that the recog.
milton granted to Obregon was the
same recognition enjoyed by his sue
cessor. The present Mexican govern
ment also, in spite of the assurance
promises and propaganda of 1921,
| maintained that the decisions of the
supreme court Of Mexico Of the non.
retroactfvity Of the constitution Gre
ated no precedent whatsoever. 1t
admits that the precedent of these
decisions is violated by the law, but
states that the decisions have appli-
cation only to cases then decided and
not to future litigation.
Secretary Kellogg stated in his note
Of October 80. 1926:
my Government has not failed to
appreciate the. gravity of the situa-
ton arising from the position taken
by the Mexican government with
respect to the negotiations of 1923.
the declarations Of the Mex.
lean and or the American commission
ers on that occasion, subsequently
ratified by an exchange Of notes be-
tween the two governments, consti-
tuted solemn and binding un.
dertakings which formed the basis
and moving consideration for the rec.
ognition of the Mexican government
by this Government"
The Mexican government replied to
this note. agreeing
Il. Acquired rights cannot be pref,
udiced by legislation retroactive in
| character or confiscatory in its eff.
fects.
"2. Rights OF property legally ac-
CURED must be respected and guar
anteed in conformity with the recog-
nized principles Of international law
and Of equity"
and called upon the American Gov
eminent to point out concrete cases
OF confiscation under the laws in
question.
Americans Stand Firm.
| The concrete cases have occurred.
American corporations on December
81, 1926. were called upon to give up
| their legal titles and apply for con
| cessions in exchange therefor. The
law itself and the constitution for.
| babe the issuance Of Oil concessions
to them. In the knowledge Of the
| attitude Of the Government of the
| United States they refused to give up
/ their titles and stand upon them in
full confidence that their rights will
be protected by the stand of their
| Government.
| The United States Government re.
| fused to allow AfAericans to forswear
| that protection and allegiance, and
II they do so despite the attitude of
the Government the Government will
not respect such action. Interna.
tional law does not recognize the in.
dividual. 1t is law of nations sole.
ly. The only opportunity the indi.
vidual has of making himself felt un.
der international law is through his
Government. The State Department
has taken the position from the be
ginning Of this controversy that the
| Mexican government has been at
tempting to put the American in q
legal noman's land. The point is, il
the American was forced into a po
sition where he lost the support OF
his own Government he would then
be subject to the Mexican constitu
ton, which our Government. from
the day Of it's adoption in 1917, has
protested as document which was
predicated upon theories of confisca
ticn OF the property and rights vested
in foreigners.