File No. 412.11/37.
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.
[Inclosure 1.]
Circular to American Claimants.
American Embassy,
Mexico.
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.
Mexico City
, October 12, 1911.
[Inclosure 2.]
Note transmitting claims.
File 620.
Serial —.
American Embassy,
Mexico.
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.
Mexico City
, October —, 1911.
