711.5221/25: Telegram

The Ambassador in Spain (Willard) to the Secretary of State

2778. Department’s 2156 [2255], September 5th, 6 p.m. Minister of State replied under date of September 3rd, in translation as follows:

“With reference to the Embassy’s note of June 16th69 last and to my predecessor’s note of May 9th,70 in which he made in detail certain reservations respecting the withdrawal by the Government of the United States of notice of the termination of the Treaty of Friendship and General Relations of July 3rd, 1902, I have the honor to bring the following to Your Excellency’s attention:

  • Firstly. The Government of His Majesty does not contemplate suppressing the exception to the payment of the transport tax which originated from Article 18 of the so-called Law of Maritime Communications of June 14th, 1900 [1909], and from [the] Royal Decree of [January] 28th, 1910, emanating from Minister of Fomento, but cannot assume any obligation whatsoever [in this] respect; nor do I believe that, after a renewed examination of the matter by the Cabinet of Washington, it will appear necessary to it, inasmuch as the Treaty of Friendship and General Relations between Spain and the United States of 1902 is denounceable now with only one year’s notice, [so] that any reform of legislation in one or the other country prejudicial to the other party should find its most adequate remedy in a new denunciation.
  • Secondly. The Government of His Majesty takes note of the purpose of the Cabinet of Washington, as set forth in paragraph 4 of Your Excellency’s note of the 16th of June last, to reopen later, if it considers it advisable, the question of the favored nation clause respecting passengers and cargoes between Spain and the United States, it being understood that this does not constitute, directly or indirectly, a condition to the withdrawal of the denunciation.
  • Thirdly. In accordance with Your Excellency’s request contained in the Embassy’s note dated [April] 11 last in which no [sic] mention was made of the law which established the transport tax, it is understood that [the Government of the United States] intended to refer to the law of March 20th, 1900.
  • Lastly. I have to inform Your Excellency that these agreements do not necessitate, on the part of His Majesty’s Government the promulgation of any legal [legislative] measures and that the only requisite will be the publication in the Gaceta de Madrid of the partial denunciation of Articles 23 and 24 of the treaty of July 3rd, 1902.”

Willard
  1. See telegram No. 2199, June 13 to the Ambassador in Spain, p. 64.
  2. See telegram No. 2635, May 11 from the Ambassador in Spain, p. 61.