File No. 412.11/50.
The Secretary of State to the American Ambassador.
Washington, January 18, 1912.
Your January 16. In view of the facts that the Commission was established for hearing and adjusting all claims arising out of the revolution; that under the rules of international law local remedies should be exhausted; that this Government desired not to embarrass the Mexican Government any more than was unavoidable and therefore submitted the border and Alamo cases to the Commission—the Department deems it inadvisable, unless such a course be suggested by the Mexican Government, to attempt to negotiate a direct diplomatic settlement of those cases until the Commission shall have had ample opportunity to consider and pass upon the cases submitted to it or until it makes an award refusing compensation or naming an inadequate sum.
This attitude does not, however, preclude you from pressing diplomatically, and you will so press, for an early consideration of those claims by the Commission (which, being an administrative rather than a judicial body, apparently may be approached by the Executive without incurring the objection of interference with the judiciary) or by some other duly constituted body.
Your January 17. It is obviously proper that the Mexican Government should duly investigate the Douglas and El Paso incidents, but equally obvious that it should have done so long ago. President Madero himself has had months in which to do so, and probably no one knows better than he the facts involved; yet he has apparently done nothing. These points should be brought before him clearly in some appropriate way.
The Department can not determine from your telegram whether upon receipt of the consuls’ reports the President will directly discuss a settlement or refer the reports to the Commission; either course will be satisfactory to the Department if executed without needless delay. This Government of course reserves the right to question the findings of the Commission if in its opinion the interests of justice demand it, and to press diplomatically these and all other claims if the Commission fail to take prompt and satisfactory steps. You will formally notify the Mexican Government of this intention.