812.51/1734

The Mexican Ambassador (Téllez) to the Secretary of State

[Translation]
No. 02628

Mr. Secretary: With reference to the action which Gustavo Gallopin brought in the courts of the State of New York against Thomas Lamont and others, into which action the Government of Mexico was improperly brought, and in which an attempt was made to cause the said Government to appear before the court as a party to the suit, I had the honor to address a note to Your Excellency for the purpose of returning, through you, the summons which the court concerned with this case addressed to the Consul General of Mexico in New York.

In the said note I requested Your Excellency to advise the appropriate authorities that my Government, affirming its sovereign rights, could not submit to the jurisdiction of any foreign court, for which reason it declined to appear in the suit. The Embassy is informed to the effect that the contents of my note referred to did not come in due time to the knowledge of the court in chargé of this case; and this circumstance had an influence, without doubt, on the result, that on the motion of the plaintiff a depositary was appointed for part of the funds which are in the custody of the Lamont firm, and which belong to the Government of Mexico. It also appears that the plaintiff based his motion on the allegation that he was attorney of a group of holders of Mexican bonds which has not empowered the International Committee of Bankers to represent it before the Mexican Government.

My Government has always been willing to take into consideration the just demands which may be made upon it because of the obligations which it has contracted; but it can neither appear before foreign courts nor, as in the specific case before me, can it overlook the fact that a demand is made for the appointment of a judicial depositary for funds which belong to it, the deposit of which funds has been confided to a third person.

It appears that the International Committee of Bankers has appealed from the judicial decision to the effect that a depositary must be appointed for the said funds, and, as I understand, the appeal will [Page 733]be heard before the Appellate division of the Supreme Court of the State of New York next Friday, July 3, at 10:30 o’clock in the morning.

I therefore am taking the liberty of requesting Your Excellency, very respectfully, that with the necessary promptness, the Supreme Court of the State of New York be informed:

  • First: That the Government of Mexico declines to appear in the suit instituted by Mr. Gustavo Gallopin against Thomas Lamont and others;
  • Second: That the funds which are in the possession of the Lamont firm and in connection with which Mr. Gallopin filed suit, are property of the Government of Mexico and therefore not subject to seizure since they belong to a foreign Government.

My Government is confident that on this information being brought before the Supreme Court of the State of New York, the decision handed down by Judge Valente will be revoked and that no action will be executed upon the funds which belong to it and which the International Committee of Bankers has in deposit.

I thank Your Excellency in advance for the attention which you may be good enough to give to this subject, and avail myself [etc.].

Manuel C. Téllez