[Enclosure—Translation97]
The Mexican Foreign
Office to the American
Embassy
No. 7144
The Department of Foreign Relations refers to the courteous
memorandum of the Embassy of the United States of America, No. 1899,
of the 12th instant, wherein, in the case of Mr. Oliver, the
American Government recognizes as an unmistakable evidence of the
desire of the Mexican Government to give to Mr. Oliver an
opportunity to settle his case the fact that it suspended the
effects of the decree of expulsion against him; but, it states, that
notwithstanding this helpful action of the President of the Republic
in suspending the effects of the said decree, this, in its opinion,
does not completely meet the situation since, according to
information furnished to the Department of State by Mr. Oliver, it
appears that the Mexican authorities, through their attorneys,
engaged in negotiations with Mr. Oliver in 1922 and 1923 for a
friendly settlement of his case.
According to the memorandum mentioned, the said proposed plan of
settlement was approved by the President of the Republic and
communicated by Señor Pesqueira to Señor Félix, the Financial Agent
of Mexico in New York in a telegram dated December 22, 1922, and a
copy of the text of that message, as well as of the affidavit of a
member of the firm of attorneys who represented Mr. Oliver were
submitted to the Department of State.
It is added, that in view of these negotiations, subsequent to the
litigation before the Mexican authorities in 1921, the Embassy of
the United States of America believes that the Mexican Government
would be disposed, perhaps, to disregard technical considerations
and to authorize its attorneys or the Financial Agent to take up the
matter with the attorneys of Mr. Oliver, it being added, finally,
that although the Government of the United States does not pass upon
the merits of the Oliver claim and does not espouse it as a
diplomatic claim, it presents it to the consideration of the Mexican
Government in an informal and friendly way, because it appears to be
a case deserving appropriate attention.
The Department of Foreign Relations has duly noted the contents of
the said memorandum No. 1899 of the 12th instant and has the honor
to state that the President of the Republic agreed to order the
suspension of the expulsion of Mr. Oliver precisely for the purpose
of aiding him in settling his affairs in Mexico, taking into account
the spirit of friendship in which the representation was made and
the statement of the Embassy of the United States, now repeated, not
to pass upon the merits of the case.
[Page 271]
Regarding the possibility of a direct settlement between Mr. Oliver
and the Mexican Government, the Department of Foreign Affairs thinks
that as there is in question a controversy regarding compliance with
obligations and the exercise of rights of a purely civil character,
the settlement thereof should be entrusted to the Mexican courts
which, moreover, have already intervened in one aspect of the
question and recently handed down a decision with all its legal
effects.
As for the antecedents which it is sought to adduce as a basis for
the direct settlement of this matter between Oliver and the Mexican
Government, the Department of Foreign Relations hastens to declare
that Señor Pesqueira, in relation to this case, was not commissioned
either officially or unofficially to settle it, as it was still
pending settlement in the American courts at the time to which the
copy of the telegram refers, and, therefore, his acts have no
binding force whatever for the Mexican Government.
It seems useless, moreover, to pass on the probative value of an
affidavit of Oliver’s attorneys, who, in his name, and at his
expense, intervened in the said case.
The Department of Foreign Relations has the honor again to recommend
to the Embassy of the United States the expediency of reminding Mr.
Oliver that the Mexican courts are qualified to take cognizance of
his case in conformity with the applicable legal precepts, and that
for this purpose he will enjoy the guarantees and facilities granted
by our laws.98
