The Hague. The Special Claims Commission is to meet at Mexico City and the General Claims Commission at Washington within six months after the exchange of ratifications of the respective conventions, and the Commissions have the power to fix the time and place of their subsequent meetings. "The conventions provide for the appointment by each government of the necessary agents and counsel to present arguments in favor of or against any claim, and the decision of the majority of the members of the commission is to be the decision of the commission. "Both conventions provide that no claim shall be disallowed or rejected by the application of the general principle of international law that the legal remedies must be exhausted as a condition precedent to the validity or allowance of any claim. "The General Claims Commission has jurisdiction over all claims of the citizens of either country against the other for losses or damages suffered by persons or by their properties, whether such citizens are corporations, companies, associations, partnerships or individuals, as well as over claims by citizens of either country growing out of losses or damages suffered by any corporation, company, association, or partnership in which such citizens have or have had an interest provided an allotment to the claimant of his proportion of the loss or damage is presented to the commission, and all claims for losses. or damages originating from acts of officials or others acting for either government and resulting in injustice. "Claims are to be filed with the General Claims Commission within one year from the date of its first meeting unless satisfactory reasons for delay are presented, in which case the period may be extended not to exceed six months. All claims filed are to be decided within three years from the date of the first meeting of the commission. However, if a claim can not be decided within this period, the two governments will extend the time for deciding such claim for such a period as may be necessary for this purpose. Claims for losses or damages accruing after the signing of the convention may be filed by either government at any time during the period fixed for the duration of the commission. "It is provided that the General Claims Commission may decide that international law, justice and equity require that a property or right be restored to the claimant in addition to the amount awarded in any such case for all loss or damage sustained prior to the restitution. However, the government affected by such decision may elect to pay the value of the property or right as determined by the commission rather than to restore the property or right to the claimant, and if so, it shall file notice thereof with the commission within thirty days after the decision and shall immediately pay the amount fixed as the value of the property or right. If it fails so to pay this amount, the property or right is to be restored immediately. "The Special Claims Convention for the settlement of all claims arising from losses or damages suffered by American citizens through revolutionary acts accompanying the disturbed conditions in Mexico within the period from November 20, 1910, to May 31, 1920, inclusive, is to be signed in Mexico City. "The Special Claims Commission created by this convention is charged with examining and deciding all claims which resulted from any act by the following Mexican forces: (1) By forces of a Government de jure or de facto. (2) By revolutionary forces as a result of the triumph of whose cause governments de facto and de jure have been established, or by revolutionary forces opposed to them. (3) By forces arising from the disjunction of the forces mentioned in (2) up to the time when the government de jure established itself as a result of a particular revolution. (4) By federal forces that were disbanded, and (5) By mutinies or mobs, or insurrectionary forces other than those referred to under (2), (3), and (4) above, or by bandits, provided in any case it be established that the appropriate authorities omitted to take reasonable measures to suppress insurrectionists, mobs or bandits, or treated them with lenity or were in fault in other particulars. "Claims presented for the consideration of the Special Claims Commission are to be filed within two years from the date of its first meeting unless satisfactory reasons for delay are presented, in which case the period may be extended not to exceed six months. All claims filed are to be decided within five years from the date of the first meeting of the commission. The total amount awarded to claimants is to be paid in gold coin or its equivalent by the Mexican Government to the Government of the United States." SALE OF WAR MATERIAL TO THE GOVERNMENT OF MEXICO 812.34/64: Telegram The Chargé in Mexico (Summerlin) to the Secretary of State MEXICO, December 15, 1923-6 p.m. 135. Executive requests through Foreign Office that the Embassy inquire whether the United States will consider immediate sale to the Mexican Government of two discarded naval cruisers. SUMMERLIN 812.34/64: Telegram The Secretary of State to the Chargé in Mexico (Summerlin) WASHINGTON, December 17, 1923—5 p.m. 196. Your 135 December 15, 6 p.m. Inform Foreign Office that under Article 18 of the Treaty of Limitation of Naval Armament signed at Washington " this Government prohibited from sale of any vessel of war to any foreign government. You may communicate to Foreign Office text of Article. HUGHES 812.34/644 Memorandum by the Secretary of State of a Conversation with the Mexican Chargé (Téllez), December 26, 1923 Mr. Tellez said that Mr. Ramon Ross 82 had intended to call but had been detained by illness. Mr. Tellez referred to his request made at a preceding interview to be informed whether the United States would be willing to sell vessels which could be used as vessels of war. The Secretary again referred to the Naval Treaty and said that while that treaty only related to the disposition of vessels of war, still the selling of merchant craft with the knowledge that they were acquired and immediately to be used as vessels of war would conflict with the spirit of the treaty which the United States Government was very desirous to have maintained in its full vigor. Mr. Tellez then said that there were at Fort Sam Houston at San Antonio, Texas, a considerable number of rifles and he asked whether the Government would be willing to sell them. There were also some guns which they desired to purchase which could be put upon ships now owned by the Mexican Government. The Secretary said that he would be glad to consider that matter and would take up with the President and let Mr. Tellez know the conclusion. it 812.24/197: Telegram The Minister in Guatemala (Geissler) to the Secretary of State GUATEMALA, December 28, 1923—12 noon. 101. Acting general manager International Railways informs me that his New York office has authorized him to sell Mexican Gov 81 Foreign Relations, 1922, vol. 1, p. 247. 33 Mexican Commissioner on confidential mission in the United States. ernment 1,000 barrels of oil per week at Ayutla if there is no objection made by the Government of Guatemala or the American Minister. Please instruct me by cable. 812.24/200: Telegram GEISSLER The Secretary of State to the Minister in Guatemala (Geissler) WASHINGTON, December 29, 1923-11 a.m. 71. Your 101, December 28, noon. In the understanding that the sales are to be made to the recognized Government of Mexico, the Department perceives no objection. HUGHES 812.34/64 Memorandum by the Secretary of State of a Conversation with the Mexican Chargé (Téllez) and the Mexican Commissioner on Confidential Mission in the United States (Ross), December 29, 1923 The Secretary expressed his regret that Mr. Ramon Ross, on account of his illness, was not able to be present at the Secretary's last interview with Mr. Tellez. The Secretary then had explained that it was felt to be contrary to the spirit of the Naval Treaty for this Government to dispose of vessels to another Government which were to be immediately used as vessels of war. The Secretary, however, had taken up with the President the request of Mr. Tellez, made at the last interview, for the sale of rifles which were at Fort Sam Houston, San Antonio, Texas, to the Mexican Government and this request was being favorably considered. The Secretary said that the matter was now in the course of communication to the War Department and it was expected that an early reply would be received. 812.24/199a : Telegram The Secretary of State to the Chargé in Mexico (Summerlin) WASHINGTON, December 29, 1923-6 p.m. 220. For your information. The Department has today given following statement to the press: "The Mexican Government has presented a request to this Government to sell it a limited quantity of war material. This Government has expressed its willingness to make the sale, in view of the relations between this Government and the Mexican Government, which 145231-vol. II-38-44 33 was formally recognized last September, and of the importance of the maintenance of stability and orderly constitutional procedure in the neighboring Republic.' Inform Foreign Office and say that it was deemed necessary to issue the statement to avoid possible misinterpretations by the press. 812.24/198 HUGHES Señor Enrique Seldner to the Secretary of State WASHINGTON, 31 December, 1923. SIR: The undersigned, Consul General of the Provisional Government of Mexico, in New York, and in charge, for the time being, of the interests of that Government in the United States, has the honor to inform the Department of State that his Government, as a result of its operations, now controls the greater part of the Mexican Republic, including all ports on the Gulf Coast, save one, as well as all ports on the Pacific, except those in Sonora and Sinaloa. The major part of the national military and naval forces are sustaining the Provisional Government, which expects, within a brief period, completely to exercise dominion over the entire country. In the midst of the campaign now in progress, the Government of the undersigned views with grave concern reports in the press that the Government of the United States has determined to extend active and material aid to the administration of President Alvaro Obregon, by supplying him with rifles, ammunition and, possibly, airplanes on a deferred payment basis, amounting, practically, to a donation, for use against the revolutionary movement of which Ex-President Adolfo de la Huerta is the chief, and the purpose of which is to resist the unconstitutional imposition of General Plutarco Elias Calles as president of the republic, by General Obregon, in defiance of all law and the free right of suffrage. In event the reports in the press described above are true, and munitions of war are to be delivered as proposed, the undersigned is instructed by his Government to inform the Department of State that such will only serve to prolong the period of bloodshed essential to the overthrow of the Obregon administration, which, however constitutionally installed in power, has utterly refused and failed to comply with its solemn duty to the people, the great body of whom sustain the principles upon which the present armed movement is based. In view of the foregoing facts, the Government of the undersigned hereby begs to submit its respectful protest against the delivery of munitions of war of whatsoever kind to the Obregon government by See telegrams, p. 555. |