Mr. McCreery to Mr.
Hay.
Embassy
of the United States,
Mexico, June 14,
1900.
No. 703.]
Sir: I have the honor to inclose herewith a
copy of my note to the foreign office, bringing again to the attention
of the Mexican Government, as instructed in your No. 369 of the 7th
instant, the claim known as “The Pious Fund of the Californias” against
Mexico.
I have the honor to be, sir, your obedient servant,
[Inclosure.]
Mr. McCreery to
Mr. Mariscal.
Embassy of the United States,
Mexico, June 14, 1900.
Mr. Minister: Referring to the ambassador’s
note of December 19, 1899, this embassy has the honor to bring again
to the attention of your excellency’s 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 jugee, like judgments rendered in the last resort
by the ordinary tribunals of a country.”
I have the honor to renew to your excellency the assurance of my most
distinguished consideration.
