File No. 412.11/8.

The American Chargé d’Affaires to the Secretary of State.

Serial 734.]

Sir: I have the honor to refer to the Department’s instruction No. 376 of the 16th ultimo, relative to American claims growing out of the recent revolution in this country, and to transmit to the Department a copy in translation of a note just received from the Mexican Foreign Office, requesting to know whether it is desired that claims that have been presented by this Embassy be submitted to the consultative claims commission, the organization of which was reported to the Department in the Embassy’s despatch No. 657 of the 15th ultimo.

I beg to request, prior to replying to the Mexican Foreign Office, that the Department will give me an expression of its views in this matter. I take it that the Department cannot consider itself bound with regard to claims by the actions or decisions of this committee, and do not wish, in the absence of instructions, to take any step that would indicate an intention to abide by or subscribe to the committee’s resolutions.

I have [etc.]

Fred Morris Dearing.
[Inclosure.—Translation.]

The Minister for Foreign Affairs to the American Ambassador.

No. 1830.]

Mr. Ambassador: The Consultative Claims Commission has addressed this Department asking for such claims as may have been filed with it on account of damages caused by the recent revolution.

In order to reach the proper conclusion, I beg your excellency to have the kindness to advise me whether it is your desire that such claims be submitted to said commission.

I take the liberty to say to your excellency that the commission was created for the sole purpose of affording private parties, whether natives or foreigners, facilities of procedure, because of its simplicity and brevity, and also with reference to the decision in each case, as it will not be necessary that it be based on legal provisions upon the matter, since all elements of a probatory character, even those of a moral order, will be accepted as decisive.

The decisions of the commission will not prevent the persons in interest when they disagree from resorting to the courts in defense of their rights.

I avail [etc.]

Bartolomé Carbajal y Rosas.