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The Department has received a number of clippings from a good cross section of the Mexico City press, all critical of the proposal to exchange captured battle flags. These comments state, among other things, that the original proposal to return flags would have been a spontaneous act expressive of our good will, whereas the restriction imposed by legislation providing for the exchange would dissipate the spirit of freindship evidenced by the original proposal.

Therefore, the Department urges that legislation providing for an exchange of flags with the Mexican Government be not enacted. The Department would be very pleased to see legislation enacted which would authorize the return to Mexico of certain flags without restriction.

Mr. BURLESON. Dr. Pfeifer, have you any questions?
Mr. PFEIFER. I have no questions. I fully agree.

Mr. BURLESON. Mr. Merrow, have you any questions?

Mr. MERROW. You have answered the question that I had in mind in your third paragraph, where you say:

The Department has received a number of clippings from a good cross section of the Mexico City press, all critical of the proposal to exchange captured battle flags.

That is pretty unanimous, is it not?

Mr. RUBOTTOM. They are critical of the proposal that they have to be exchanged; yes.

Mr. BURLESON. Mr. Rubottom, I wanted to ask you what you think abut including in the report an expression of hope, or some such language, that the Mexican Government would take similar action and, based on such mutual action, that an appropriate ceremony for the exchange of the flags be arranged. I realize we would have to be careful of the language even in the report, in order not to place a condition on our action. But do you think that is a good idea or not?

Mr. RUBOTTOM. Mr. Chairman, if such a statement could be devised that would not be interpreted by the Mexicans as a proviso, it might be satisfactory. Personally I would rather stand on the Department's statement here. I think it represents my personal views as well as the Department's official views. I have not seen any evidence on the part of the Mexicans, in the years that I have lived in Texas, nor in the time that I have had responsibility for Mexican affairs, that did not indicate that she stood ready to demonstrate her good will to the United States either in time of emergency or otherwise.

Mr. BURLESON. If any such language were drafted for the report, it would have to be very carefully worded in order not to appear we were placing a condition upon our actions?

Mr. RUBOTTOM. By all means.

Mr. MERROW. How many of our flags has Mexico? I understood that we had 63 flags of hers.

Mrs. HUGHES. We do not know how many flags she has, but we think it is not more than about a dozen. And some of them are not really flags, they are banners, or something of that sort.

Mr. BURLESON. It is my information, coming from the Department of the Army, that we have 66 emblems of Mexico, and that 13 are national colors, the balance regimental and otherwise.

Mr. RUBOTTOM. That is right.

Mr. BURLESON. Incidentally, can you tell us whether or not we did return the Chapultepec battle flag in 1942?

Mr. RUBOTTOM. I would like to suggest that I may be permitted to make a brief statement off the record.

Mr. BURLESON. If agreeable with the committee. (Statement off the record.)

Mrs. HUGHES. The Department has no knowledge of any flag being returned to Mexico. I have checked carefully. I have spoken with Ambassador Thurston, who has had the records in the Embassy at Mexico City checked. There is no such record there. I have been in the State Department for many years. I know that if any such thing were done that is, if it were a public matter, we would have known about it. I have also checked the files of the Department. There is no record there. I spoke with former Ambassador Messersmith who was down there at the time. He has a very vivid memory and that is not in his memory. He says he is practically certain that no such thing happened.

(Discussion off the record.)

Mr. BURLESON. Any questions?

Thank you, Mrs. Hughes. Is there anything else you have to add, Mr. Rubottom?

Mr. RUBOTTOм. No, I have no other comment; thank you.

Mr. BURLESON. Thank you for your appearance before the committee. That concludes our list of witnesses and the subcommittee will go into executive session. I want to thank all who have appeared before the committee.

(Whereupon the subcommittee went into executive session.)

APPENDIX

THE AMERICAN LEGION,

Hon. JOHN KEE,

NATIONAL LEGISLATIVE COMMISSION,
Washington, D. C., June 29, 1950.

Chairman, Committee on Foreign Affairs,

House of Representatives, House Office Building, Washington, D. C.

DEAR MR. CHAIRMAN: Referring to the hearing which was held today by the Burleson subcommittee on H. R. 6241, authorizing the return of Mexican flags captured during the war with Mexico, etc., I hand you herewith copy of resolution No. 72 adopted by the National Executive Committee of the American Legion on May 4, 1949.

I understand that at the meeting held this morning it was decided to give special consideration to Senate Joint Resolution 133.

Please be advised that this organization considers this legislation as one of good will, and we are happy to go on record as in favor of same or any similar legislation that will cement the good-neighbor feeling between the United States and Mexico.

I would appreciate it if you would be good enough to arrange to have this letter and the attached resolution incorporated in the minutes of the hearing held by the subcommittee this morning.

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Thanking you for your cooperation along these lines, and with kind regards, I

am,

Sincerely yours,

MILES D. KENNEDY, Director.

RESOLUTION No. 72, CAPTURED MEXICAN FLAGS

Whereas it is the policy of the American people to be friendly with all countries of the world where possible and particularly with their fellow men in this hemisphere; and

Whereas Mexico is our neighbor to the south and merits particular consideration among other vital reasons because of its proximity; and

Whereas in the past there have been disagreements resulting in hostilities; and Whereas in some of these conflicts many Mexicans and Americans were killed and American Armed Forces captured Mexican flags and these flags continue in the possession of the United States; and

Whereas the flags captured from Mexico in 1847 and retained in the United States as battle trophies have no significance or value to the American people; and

Whereas it is understood that captured flags are the property of the United States and may only be returned under and by virtue, of an act of Congress: Now, therefore, be it

Resolved, That the American Legion urges the return of such captured Mexican flags remaining in the United States, with proper ceremony and escort, to the Republic of Mexico, and that an act of Congress during the present session be sponsored by the American Legion permitting such return.

14

X

INVOLVING ENEMY PROPERTY

(GERMAN ENEMY ASSETS)

HEARINGS

BEFORE THE

SUBCOMMITTEE ON SETTLEMENT OF INTERCUSTODIAL CONFLICTS INVOLVING ENEMY PROPERTY

OF THE

COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
EIGHTY-FIRST CONGRESS

SECOND SESSION

ON

H. J. Res. 475

JOINT RESOLUTION AUTHORIZING THE PRESIDENT
OR SUCH OFFICER OR AGENCY AS HE MAY DESIGNATE
TO CONCLUDE AND GIVE EFFECT TO AGREEMENTS
FOR THE SETTLEMENT OF INTERCUSTODIAL CON-
FLICTS INVOLVING ENEMY PROPERTY

70280

JULY 12, 1950

Printed for the use of the Committee on Foreign Affairs

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1950

AJG

UNIVERSITY OF MICHIGAN

GENERAL LIBRARY

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SPECIAL SUBCOMMITTEE ON SETTLEMENT OF INTERCUSTODIAL CONFLICTS INVOLVING ENEMY PROPERTY (GERMAN ENEMY ASSETS)

A. A. RIBICOFF, Connecticut, Chairman

MIKE MANSFIELD, Montana

JACOB K. JAVITS, New York
GEORGE LEE MILLIKAN, Staff Consultant
SHELDON Z. KAPLAN, Staff Consultant
JUNE NIGH, Staff Assistant

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