File No. 412.11/37.

The American Ambassador to the Secretary of State .

No. 1019.]

Sir: Referring to the Department’s telegraphic instruction, I have the honor to transmit herewith copies in duplicate of a circular to American claimants asking compensation for injuries to person or property during the recent revolution, which is intended to be conformable to the Department’s instructions therein contained.

I also transmit herewith duplicate copies of the form of note to the Foreign Office used in the transmission of claims, to be subsequently delivered to the Consultative Claims Commission.

I have [etc.]

Henry Lane Wilson.
[Inclosure 1.]

Circular to American Claimants.

This Embassy has been instructed by the Department of State at Washington to notify American claimants that in case they have not, in accordance [Page 945] with the Department’s suggestion embodied in previous circular letters sent out by this Embassy, already presented to the Consultative Commission established by the Mexican Government their claims against that Government growing out of the recent revolutionary activities in this country, all such claims, either of companies or of individuals may, in the first instance, be submitted to this Commission, and that inasmuch as it appears that up to this time not all American claims have been presented to the Commission, and inasmuch as the time for filing claims, as fixed by the decree establishing the Commission, has expired, arrangements have been made for the filing of claims by informal presentation through diplomatic channels.

As two copies of each claim that have been prepared in accordance with the Department’s circular and presented to this Embassy are now on file here, the Embassy will, upon specific request, file with the Mexican Foreign Office, for presentation to the Commission, one copy thereof, together with its accompanying documents, provided, of course, that such claim has not already been presented to the Commission through some other channel. In this connection, however, the Embassy desires to emphasize the fact that it can do no more than this, and that each claimant must, either personally or by attorney, take all other needful measures in the premises. Each claimant that desires the Embassy to take this action should immediately so advise the Embassy by telegraph, understanding, of course, that in so presenting claims to the Mexican Foreign Office neither the Embassy nor the Government of the United States passes upon the propriety, equity, justice, or legality of such claims. These questions are left for further consideration and final determination in accordance with the rules and principles of international law applicable and controlling; when, if at all, it shall become necessary to consider the question of formally presenting complaints of claimants through diplomatic channels as a diplomatic claim. The Mexican Government has already announced that if the parties appearing before the Commission are dissatisfied with the findings of that tribunal, as approved or modified by the Mexican Treasury, they may pursue their judicial remedies in the ordinary courts.

The Department of State further directs the Embassy to say that inasmuch as any diplomatic representations regarding American claims will, under the principles of international law which control such matters, almost surely involve the question of the exhaustion of local remedies as afforded by the Mexican Government, and inasmuch as a failure so to exhaust the local remedies will almost certainly be pleaded by the Mexican Government in bar of representation by this Government, in behalf of any claim so situated, it would seem desirable, if not indeed necessary, for claimants to present their claims to this Consultative Commission. It is understood that the Commission is to be guided not only by technical legal considerations, but by the broad equities of the case; claimants should, therefore, have in mind the legal character of their claims and whether or not under the principles of international law involved, the Mexican Government can be regarded as under any positive duty to make compensation for the damages suffered.

[Inclosure 2.]

Note transmitting claims.

File 620.
Serial —.

The American Ambassador presents his compliments to his excellency the Sub-Secretary for Foreign Affairs and, acting under instructions from his Government and in behalf of and at the specific request of— —, has the honor to transmit herewith a memorial of the latter’s claim against the Mexican Government, growing out of the recent unsettled conditions in this country, and begs to request that this memorial be submitted to the Consultative Claims Commission before the first of November of the present year. In informally presenting to the Foreign Office, for transmission to the Consultative Claims Commission, the memorial enclosed herewith the American Ambassador reserves all rights to make diplomatic representations hereafter in regard to any claim concerning which the determination of the Consultative [Page 946] Claims Commission seems not to accord with those principles of international law, equity, and justice which should control the disposition of the given case.

Mr. Wilson avails himself of this occasion to renew to his excellency Mr. Carbajal y Rosas the assurance of his high consideration.

Enclosure as stated.