Mr. Hay to Mr. Clayton.

No. 369.]

Sir: Referring to your dispatch No. 532, of February 9 last, you will bring again to the attention of the Mexican Government the claim known as “The Pious Fund of the Californias” against Mexico.

The Government of the United States regards this claim as undoubtedly just, its essential justice having been already established by one arbitral hearing and decision, having the proper effect of res judicata.

Merignhac, L’Arbitrage International, section 306, speaking of the arbitral sentence, says:

The sentence, duly given within the limits of the convention, decides the question between the parties in a definitive manner (Art. 25 of the regulation of the institute); it therefore has the authority of chose jugée, like judgments rendered in the last resort by the ordinary tribunals of a country.

I am, sir, etc.,

John Hay.