702.1211/1102: Telegram

The Secretary of State to the Governor of the State of New York ( Miller )

The representative at this capital of the Central Administration functioning in Mexico has advised the Department that the Oliver [Page 710] Trading Company, an American corporation, has instituted suit against that administration in the Supreme Court of New York, Rockland County, and in connection therewith has attached the furniture, implements and funds of the Mexican Consulate General and Financial Agency in New York City and also the property there of the International Railways of Mexico which the Department understands is controlled by the Mexican Administration.

As you are doubtless aware, this Government has not recognized the Central Administration in Mexico. Moreover, no exequatur has been granted to the person now acting as Mexican Consul General in New York. However, as you were advised in the Department’s letter of October 23, 1922,63 the Department has offered no objection to the performance by that person of the usual consular functions, and it clearly appears that the exercise of such functions is essential in many ways to the carrying on of commercial transactions between representatives of the two countries.

Under generally accepted practice and principles of comity a consul may claim inviolability for the archives and official property of his office and their exemption from seizure or examination, and Department is of opinion that under existing circumstances the person acting as Mexican Consul General in New York, even though he has received no exequatur, should in practice be accorded such inviolability.

Department would therefore appreciate it very much if you could find it possible to direct a law officer of your State to take this matter up immediately with the court in question with a view to prompt release from attachment of official property of the Consulate General, which, as the Department is informed, has been compelled by the attachment to suspend its functions. It may be that upon having this matter called to their attention the counsel for the Oliver Trading Company would consent to a lifting of the attachment to the extent indicated.

The matter is very seriously viewed by the Mexican Administration.

Please be so kind as to telegraph me promptly what action you have taken.

Department understands that attorneys for Oliver Trading Company are Zabriskie, Sage, Kerr, and Gray, forty-nine Wall Street.

C. E. Hughes
  1. Not found in Department files.