711.12155/452: Telegram

The Secretary of State to the Ambassador in Mexico ( Morrow )

223. Reference Department’s 219, August 21, 7 p.m., and recommendation designated by letter (i), page 10, Minute 129, International Boundary Commission.64 Boundary Commissioner Lawson states to the Department that it was inserted “to prevent claims from one country to another in case of breaks in levees or other causes in establishment of channel.”

The Department feels that it would be desirable, if possible, to include in contemplated agreement a provision which would exempt each country from national or private claims of the other on account of any physical damage arising from and incident to breaks in levees but does not desire provision as broad as that suggested by Lawson since it is conceivable that claims might arise under circumstances which would render undesirable such broad immunity. You are requested, therefore, to endeavor to carry out the recommendation of the Boundary Commissioners in this limited form.

  1. Ante, pp. 545, 550.