411.12/2335: Telegram

The Chargé in Mexico ( Boal ) to the Secretary of State

97. Referring to my telegram No. 95, June 18, 5 p.m., the Foreign Office’s note has now been received, a copy of which with its enclosure is being forwarded by air mail tomorrow morning. The note makes it clear that the Mexican Government is opposed to having the unmemorialized claims “heard and decided” by the Commission but in an effort to eliminate them permanently, it encloses a proposed convention between the two agents which would be ratified by the Commission. According to the terms of this convention, article VIII of the Convention of September 8, 1923 and sections (f) and (h) of the Protocol of April 24, 1934 are to be interpreted in the sense that all claims which were duly registered in memorandum form before the General Claims Commission and which will not be memorialized by June 30 are to be considered after that time as being fully settled, barred, and thenceforth inadmissible.

With respect to suggestion in the draft note accompanying the Department’s instruction No. 1109 of May 29 that unmemorialized claims of American nationals based on obligations of Mexican states or municipalities shall be considered barred as against the Mexican Federal Government, the Mexican note concurs but asserts that such concurrence is not an admission of responsibility on the part of those entities.

Boal