Mexico -- Commerce; Mexico -- Economic conditions; Mexico -- Politics and government -- 1910-1946
First, the nationalization of petroleum. The Constitution of 1917,
adopted by Carranza, and continued by de la Huerta and Obregon,
definitely declares petroleum the property of the nation. In the grants
of land made by the Spanish crown (the basis of all land titles in
Mexico to-day), gold, silver and other metals were especially reserved
as the property of the king, and in colonial times and since have been
worked only by special permission or grant under “denouncement,” quite
independently of the owner of the land. Neither coal nor oil was known
to commerce in Spanish times, but in 1884, when the mining laws were
revised, the Mexican government as inheritor of the rights of the Crown
of Spain and retaining, as it did and does, the royal control over gold
and silver, specifically stated that coal and oil belonged to the owner
of the surface. This was confirmed later in the mining laws of 1892.
In 1905, after oil was discovered and certain concessions for drilling
had been issued to Sir Weetman Pearson (now Lord Cowdray), head of the
Mexican Eagle Oil Company, an effort was made to have oil declared
the property of the nation, like gold and silver, and thus subject
to concession and denouncement. This was opposed by the American
interests, which held no concessions. The issue was decided virtually
unanimously by the Academy of Jurisprudence, and in the mining laws of
1909 the title to oil was definitely and unequivocably vested in the
title to the surface soil.
Until 1917, the vast development of Mexican oil fields went on apace,
based on the old property rights and apparently safe from molestation.
Carranza switched the matter completely around by the simple expedient
of adding oil to the list of minerals which are national property and
placing the new ruling in that famous Article 27 which contains most of
the anti-foreign provisions of the new constitution.
The Mexican defenses of this action are two. The primary thesis is
that the subsoil has always belonged to the government, whether king
or republic, and that it was beyond the power of ministers or courts
or legislatures to alienate those rights. In other words, Mexico is
only “taking back her own.” The opposition to this is on the basis
of vested rights, on the long periods during which the owners of the
lands had actually enjoyed possession of the subsoil, paying taxes
on full valuations, and on the virtual obligation of contract of all
Mexican governments to support developments under the laws of their
predecessors.
Public-domain text, read in full here on John Shaqi.
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