411.12/2340: Telegram

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

115. Referring to last paragraph your telegram No. 105, June 23, Department did not desire that you make any request whatever of Foreign Office but requested the Embassy to prepare and send the reports itself on the basis of its own records of memorials filed with the Embassy by the Mexican Agency. Please so explain to Foreign Office.

Referring to your telegram No. 107, June 24, address note to Foreign Office saying that Department has received its note of June 18, 1936 to the Ambassador which has been given careful consideration but that, in view of considerations mentioned in Department’s No. 114 [Page 747] of June 24, which you should embody in your note, the United States proposes that the following procedure be adopted in order to accomplish that purpose on which the two Governments are already in full agreement. Then quote textually in your note the following:

  • First. On June 30 each Agent shall submit to the General Claims Commission an omnibus memorial including therein all regularly filed claims of his Government which have not been memorialized on the merits.
  • Second. These memorials shall offer no evidence in support of any of the claims listed therein, but the American Memorial shall explain the two reservations set forth in the Embassy’s note No. 1634 of June 2d which were accepted by Foreign Office note of June 18.
  • Third. In these omnibus memorials each Agent shall petition that all claims listed therein, with the exceptions just noted in the American Memorial, be heard and decided in accordance with the terms of Article VIII of the Convention of September 8, 1923.
  • Fourth. On July 15, each Agent shall file with the Commissioners an Answer to the omnibus memorial of the other Agent requesting that the claims listed therein be dismissed for lack of evidence to support them.
  • Fifth. As soon as such Answers shall have been received by the opposing Agents and on or before July 28, each Agent shall file with the Commissioners a statement that it waives any right under the Protocol of April 24, 1934 to file a brief in support of its own omnibus memorial and requesting that the cases listed therein be disposed of on the basis of the existing record.”

Add in your note that upon receipt of a note from Foreign Office agreeing to the foregoing procedure the United States will consider the agreement concluded and will instruct American Agent accordingly. Telegraph reply as soon as received.