411.12/1777: Telegram

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

34. Department’s telegram No. 44, March 31, 4 p.m. Colonel Moreno conferred this morning with Licenciados Sierra and Rabasa of Foreign Office regarding instructions of the Department in its telegram No. 37, March 21, 1 p.m., on changes to protocol. Following results on various paragraphs of said telegram.

  • Paragraph 1, substitution of the words “[of] this Article” for “Article 5 of this Protocol” is accepted.
  • Paragraph 2, Foreign Office proposal providing for introduction of evidence with reply brief is withdrawn, consequently paragraph (d) remains as drafted by the Department.
  • Paragraph 4, Foreign Office proposal suggesting omission of all matter following the word “rest[s]” is withdrawn; Department’s proposal that words “or hereafter filed” line 16, page 9 be omitted is accepted.
  • Paragraph 5, Foreign Office urges omission of the words “more than 30 days” because it conflicts with provisions of (i) which prescribes that all memorials should be filed within the first 17 months and of (j) which fixes 70 days for the filing of pleadings and of briefs.

Regarding the signing of protocol prior to signing of special convention Licenciado Sierra stated that simultaneous signing was contemplated under existing policies of the Minister. The matter of an exchange of notes as set forth in the Department’s telegram 44 was discussed. Foreign Office considers Department’s draft of notes not entirely satisfactory because it is not sufficiently specific. Moreno and Sierra will work on a formula that might be incorporated in a note. Consideration being [apparent omission] to include in formula Articles I and IV, without reference to amounts of draft, of special convention as amended by the Foreign Office (see enclosure 3, Embassy’s despatch 1267, March 29 [26], 193472), matter will then be discussed by Foreign Minister and myself after former has conferred with the President who has just returned to the City. Will telegraph formula and the result of my conference with Dr. Puig.

Daniels
  1. Enclosure 3 to despatch No. 1267 not printed.