411.12/1778: Telegram

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

35. 1. Referring to Department’s telegram No. 45, April 3, 6 p.m. Foreign Office withdraws its prior proposal that 30-day period be omitted notwithstanding that it feels that such a provision is in some aspects in conflict with other terms of the protocol.

[Page 449]

2. Yesterday and today I conferred with Minister of Foreign Affairs. He would have preferred simultaneous signing of protocol for general claims and of convention for special completed in accordance with the expressed previous views of the President. However, in the spirit of cooperation he is agreeable to an exchange of notes at the time of signature of protocol and pending further negotiations and early conclusion of a convention. He is willing to accept a note couched in terms of his suggested changes in Articles I and IV of the Department’s draft of convention. The preamble of note would read as follows:

“In signing the protocol for the further evaluation of claims presented by the Government of the United States and Mexico under the terms of the General Claims Convention of September 8, 1923, my Government agrees that there shall be concluded as promptly as possible a convention providing for the en bloc settlement of the claims of the United States covered by the Special Claims Convention of September 10, 1923, said settlement to be in accordance with the following general principle.[“] Paragraph A would be substantially Article I of enclosure 3, despatch 1267. Paragraph B would read: First, claims withdrawn; second, claims decided; third, as in Department’s draft; fourth, as shown on page 4 of enclosure 3. Paragraph C would read: “The proportionate amount to be paid under A and the deductions to be under B shall be determined by a representative duly appointed by each Government, whose joint report, after due conference and consideration, shall be accepted as final.” It will be seen that paragraph C above incorporates certain provisions of the treaty.

3. Careful check of English and Spanish texts of the protocol has been made with Foreign Office. Some changes have been approved heretofore by the Department. Others are designed to clarify and convey the equivalent Spanish term.

Referring to enclosure Department’s instruction No. 283 of March 9, 1934, the following changes should be noted: Page 3 line 1574 to read “signed June 18, 1932.” Page 6 line 475 omit all from “the umpire shall be required, et cetera, to the end of the section.” Substitute the following “whose written decisions shall also be accepted by the two Governments as final and binding. All matters relating to the designation of an Umpire, time within which his decisions should be rendered and general provisions relating to his work shall be fixed in a convention to be negotiated under provisions of this Article.” Page 7 line 1576 substitute “English or Spanish” for the word “language.” Page 8 lines 1577 omit the words “two”—”or umpire.” Page 9 line 578 [Page 450] omit “the existence and significance of the facts which it considers to be established by the evidence and the principles of law upon which the defence of the cases rests”, substitute therefor “the facts in the case and legal principles upon which the defence of the case rests.” This phraseology corresponds to that used in lines 2 and 379 of the same page. Page 9 line 980 omit the words “or hereafter filed.” Page 12 line 181 substitute the word “document” for “pleading”, line 1582 add the words “of both countries.” Page 13 line 1583 substitute the word “present” for “attach”, line 1684 omit the words “to the pleadings”. Page 14 line 185 designate as paragraph “O” from “the complete original et cetera, to the end of the sentence.” Page 14 line 686 designate as paragraph “P” all of paragraph beginning “where the original, et cetera”. Throughout the protocol insert the words “and brief” after the word “pleadings” in order to convey the same meaning in Spanish. Will forward by air mail complete text of protocol and note.87 Would appreciate Department’s instructions at the earliest practicable date.

Daniels
  1. Ante, p. 431, par. 8, l. 5.
  2. Ante, p. 432, par. 3, l. 9.
  3. Ante, p. 433, par. (c), l. 7.
  4. Ante, p. 433, par 6.
  5. Ante, p. 433, par. (e), l. 7.
  6. Ante, p. 433, par. (e), l. 5.
  7. Ante, p. 433, par. 7, 1. 10.
  8. Ante, p. 435, l. 1.
  9. Ante, p. 435, l. 13.
  10. Ante, p. 436, l. 9.
  11. Ante, p. 436, l. 9.
  12. Ante, p. 436, l. 14.
  13. Ante, p. 436, par. 2, l. 1.
  14. Not printed.