411.12/2336: Telegram

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

104. Your telegram No. 95, June 18. Department’s No. 10148 required no action on part of Embassy except two mechanical reports on June 25 and June 30, respectively, concerning the memorials filed by the Mexican Agency during the preceding 5 days periods. Please so explain to foreign office and withdraw request for advance information.

Regarding matter of agreement concerning unmemorialized claims. Please explain to foreign office that under the Convention of September 8, 1923 the only means of having claims barred for the future is by having them “heard and decided” as provided in article VIII, that naturally they cannot be so heard and decided unless some pleading is placed before the Commissioners for them to pass upon, that the minimum which can be so placed before them is a form memorial without evidence, the memoranda-notices having been filed many years ago; also that Department has never heard of an international award having been rendered without evidence and does not understand how such awards could be possible. Consequently, this Government is desirous of agreeing to a procedure which will have the sole effect of disposing for all time, under the terms of the Convention, of all claims not memorialized with evidence on the merits on or before June 30 [Page 744] next. Hunt’s letter and paragraph (h) of Protocol have no bearing whatever on this proposal.

In event such an agreement cannot be reached before June 30, this Government must, of course, reserve all rights with respect to all claims not disposed of in the manner suggested, which claims will not, of course, be barred as claims disposed of under the Convention.

Please show this telegram textually to the foreign office and if you have received its refusal of this Government’s proposal, transmit by telegram text of that note.

  1. Not printed.