Page:Mexico and its reconstruction.djvu/273

Only the more important of the doubtful clauses can be discussed here. As to landholding, the Constitution declares that:

Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership in lands, waters, and their appurtenances or to obtain concessions to develop mines, waters, or mineral fuels in the Republic of Mexico. The nation may grant the same right to foreigners, provided they agree before the Department of Foreign Affairs to be considered Mexicans in respect to such property, and accordingly not to invoke the protection of their Governments in respect to the same, under penalty, in case of breach, of forfeiture to the nation of property so acquired.^[1]

Mexico doubtless has the right to apply the rule stated in the first sentence to all future grants, if she wishes. It may be that the rule would be considered unfriendly by other nations and it appears beyond doubt that such a rule would check the development of the republic. Nevertheless, there is no obligation on nations to be either friendly or progressive. The second sentence is more objectionable. It would be more straightforward to rely on the unmodified enforcement of the standard expressed in the first sentence. The modification demands that an individual surrender a part of the rights he enjoys under international law as the condition of becoming a Mexican landholder. He is to surrender part of the rights regularly attaching to his status as a foreigner though he does not consent to become a Mexican. There is good reason to believe that many governments would consider the enforcement of such a

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1. Article 27.