To His Excellency Dr. Tejedor to To Her Britannic Majesty’s Chargé d’Affaires, H. G. McDonell, January 22, 1872

Mr. Chargé d’affaires: I have received the note and petitions inclosed of English citizens upon events of distinct nature in Tandil and Bahia Blanca. The zeal which Mr. Charge d’Affaires displays on this, as on other occasions, for the welfare of his countrymen, is worthy of all eulogy.

The contents of the petitions are also excusable, in one case by the terrible misfortune of which the petitioners have been the victims, and in the other by the natural desire of all men at all times to secure their lives and property. But notwithstanding these considerations, the Argentine government cannot accept the doctrine which seems to have induced the petitioners to address themselves to Monsieur le Charge d’Affaires.

Foreigners, from the moment they enter a country, are subject to its laws and authorities. These laws are not equal in all places, but whether favorable or not to a foreigner, they oblige him alike. The foreigner, therefore, in the exorcise of his rights, or in any complaints of a civil or criminal nature which he feels justified in making, must address himself in the same way as native citizens to the authorities, invoke the laws in question, and await and bow to their decision. Otherwise the body of foreign residents would constitute a state within a state, a political monster.

If from these general principles, which form the jurisprudence of all civilized countries, we descend to our own particular case the matter is still more evident. In no place is there a more liberal legislation than ours toward foreigners. Protection to a foreigner is not only inculcated by our laws but is a principle of our constitution, rendering almost unnecessary those treaties with such stipulations; but it means equal protection with native citizens, and no privilege either on the basis of rights or in the mode of vindicating them; it is legal, not diplomatic, protection. The latter, out of respect for any nation, is usually reserved until such case as there is a denial of justice in civilized countries, or where there is an unjust persecution by the authorities themselves in barbarous countries. We need not mention here the other small services which diplomacy may render to a foreigner, by facilitating his access to the authorities, by saving him the trouble of a different language, by recommending or supporting the quick dispatch of matters, since it is the universal custom in civilized countries not to place any difficulty or obstacle in the way.

The doctrine of a special protection is not only incorrect but may lead to deplorable errors and mistakes. By such a mistake the English citizens of Bahia Blanca address Mr. Chargé d’Affaires, advising him of robberies by the frontier Indians, the surprise and assassination of Mr. Thomas Jordan, the presence of some of the murderers in the town, and the sale there of the stolen hides, instead of applying to the competent authorities or accusing them before their superiors, if, as is stated, the former encouraged such deeds, and prove such charges. By the same error the petitioners have ventured so far as to say that, since they receive no protection from government, they who do not even act as urban guards to protect the frontier towns, will open fire on the Indians wherever they see them, even if not attacked by them, thus assuming to themselves rights which the natives of the country have not, and considering themselves entitled to more protection than the natives. By the same error, in fine, the petitioners of Tandil beg Mr. Charge d’Affaires to point out to the government of this country the absolute and urgent necessity of taking the requisite measures to judge and execute the prisoners on the scene of their crimes, and to order a determined and vigorous pursuit of such of the malefactors as are still at large, instead of contenting themselves with such measures as at the earliest moment it was the duty of the provincial authorities to adopt, and in which there was certainly no delay, and bowing to the laws and tribunals whose sway extends over both natives and foreigners.

Having thus fulfilled the desire manifested by the chargé d’affaires to learn the opinions of the Argentine government on this point, I am happy to renew the assurances of my distinguished consideration.