311.1254 V 65/1

The Secretary of State to the Attorney General

Sir: I have the honor to inform you that I am advised by Messrs. Hardin and Hess, 50 Pine Street, New York, that the United States of Mexico, for which this firm is general counsel in New York, has instituted in the State courts of Massachusetts an action against Mariano Viamonte y Fernandez to sequestrate certain property which the defendant has in Massachusetts, which is claimed by the United States of Mexico as its property. It is alleged that this property was taken by Mr. Viamonte from Mexico after it had been received by him in his capacity as Chief Clerk of the Department of Special Taxes in Mexico City, and that he concealed the fact of such taking by certain entries in the book of accounts kept by him.

The Department is further informed that the United States of Mexico is represented in this litigation by the firm of Ropes, Gray, Boyden and Perkins of Boston, that the defendant has questioned the right of the United States of Mexico to maintain the action, and that the preliminary objections to the jurisdiction will soon be heard.

Messrs. Hardin and Hess have requested that you be asked to have the United States attorney appear at an appropriate occasion upon the hearings of such objections and make a statement to the Court, and the Department would be pleased if you will instruct the attorney to make the following statement on the occasion mentioned:

“The Government of the United States has not accorded recognition to the Administration now functioning in Mexico, and, therefore, has at present no official relations with that Administration. This fact, however, does not affect the recognition of the Mexican State itself, which for years has been recognized by the United [Page 572]States as an ‘international person’ as that term is understood in international practice. The existing situation simply is that there is no official intercourse between the two States.”

I have [etc.]

For the Secretary of State:
William Phillips

Under Secretary