611.6831/19

The Acting Secretary of State to the Greek Chargé (Tsamados)

Sir: I have the honor to acknowledge the receipt on March 1, 1919, of your undated note,3 in which you refer to the decision of the Hellenic Government to denounce generally conventions “which establish the status of Hellenic economic relations with the allied and neutral countries,” and by order of your Government notify me “that the commercial treaty of December 10/22, 1837, the ratifications of which were exchanged in London on June 13/25, 1838, will no longer be in effect twelve months from the date of the present notice which, as it is to produce its effect on March 1, 1920, will be given the date of March 1, 1919.”

In acknowledging the Greek Government’s notice of denunciation, as of March 1, 1919, of the treaty of December 10/22, 1837, I have the honor to inform you that the Government of the United States is not in a position to agree to the proposal of that Government, contained in your note, that in order to avoid any breach of continuity in the conventional relations existing between Greece and the United States of America, the life of the treaty be extended until the day when peace is signed (should this not occur until after the expiration of the twelve months from March 1, 1919, during which the treaty by its provisions will, after notice of denunciation, continue in force), or to the suggestion of the Greek Government that upon the expiration of the term during which the treaty will remain in force after notice therein provided, it be tacitly extended for periods of three months.

The postponement of the termination of the treaty in the manner suggested would in effect amount to continuing the treaty indefinitely, subject to termination upon three months notice by either party, whereas by Article XVII it is provided that the treaty may be terminated after its original term, upon the expiration of twelve months following notice given at any time by either party. The suggestion of the Greek Government amounts, therefore, in my opinion, to a proposal to modify the terms of an article of the treaty, a proposal which is not susceptible of execution on the part of the Government of the United States in the manner suggested, since there is no provision in the laws of the United States for making it so operative.

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In the circumstances, therefore, the Government of the United States has no other course to pursue than to regard the Greek note received March 1, 1919, as notice given in accordance with Article XVII of the treaty of December 10/22, 1837, for the definite termination of that treaty on March 1, 1920, without temporary renewals from time to time by the High Contracting Parties. The United States, however, will be pleased to entertain any further proposal which the Greek Government may wish to present regarding the continuance of the treaty mentioned until the conclusion of a new convention on commerce and navigation.

Accept [etc.]

William Phillips
  1. File translation revised.