File No. 837.51/323

The Secretary of the Treasury ( McAdoo) to the Secretary of State

Dear Mr. Secretary: I received your letter of August 19 concerning loans to Cuba. I am glad to have your views therein contained, which I understand to mean that the loan of $5,000,000 heretofore made and the loan of $5,000,000 now contemplated will be within the limitations of the Piatt amendment. I shall not fail to consult you before making any further advances to Cuba so that you may give [Page 335] due consideration in connection therewith to the then relation of the expenditures of the Republic of Cuba to its revenues.

In addition to the advice which you have given me, I feel I ought to ask you whether, in the opinion of the Department of State, the necessary formalities have been complied with so that the obligation of the Cuban Government, when executed by the Cuban Minister in Washington in conformity with the documents furnished to you, will be regarded by the Department of State as valid and binding internationally and will have its sanction. In that connection I enclose herewith a copy of a letter, dated June 19, which Mr. Leffingwell wrote you by my direction, indicating my view that such advice as this is necessary for the protection of the United States and the reasons for that view.1

I am [etc.]

W. G. McAdoo

The Secretary of State to the Secretary of the Treasury ( McAdoo)

Dear Mr. Secretary: I have received your letter of August 26 with respect to the Cuban loan, in which you state that in addition to the advice which has already been given you, you feel that you should ask whether, in the opinion of the Department of State, “the necessary formalities have been complied with, so that the obligation of the Cuban Government, when executed by the Cuban Minister in Washington in conformity with the document furnished to you, will be regarded by the Department of State as valid and binding internationally, and will have its sanction.”

By way of reply, I beg to advise you that under the act of the Cuban Congress of July 31, 1917, in pursuance of which the proposed loan is being contracted by the Cuban Government, the question as to the legality of the second advance of $5,000,000 to the Cuban Government at this time is so coupled with and contingent upon the existing state of the Cuban Treasury, that it is extremely difficult to advise you precisely that as a matter of law all necessary formalities have been complied with. However, it was intended by the letter of August 19, 1918, to inform you that, in the opinion of this Department, the Treasury Department is warranted in making further advances to the Cuban Government on the proposed loan to the extent of $5,000,000 in addition to the $5,000,000 already advanced, and that, in the judgment of this Department, obligations of the Cuban Government up to that amount, when executed by the Cuban Minister in Washington, will be regarded by the Department of State as valid and binding internationally and will have the sanction of this Department.

I also take this occasion to renew the request that before making further advances to the Cuban Government on the proposed loan of $15,000,000, I may be notified sufficiently in advance to enable me to ascertain whether or not the financial situation in Cuba would make a further advance legal and advisable.

Very sincerely yours,

Robert Lansing
  1. Not printed.