462.00 R 296/707: Telegram
The Secretary of State to the Ambassador in France (Herrick)
424. L–158, for Logan. Your L–255, November 17. My feeling is that your first suggestion in regard to alteration of Treaty of Versailles by the London protocol contains elements of danger. This Government did not sign protocol and to that extent is not in same position as Allies. Legal position of this Government is based on provisions of the Armistice, Treaty of Versailles, resolutions of Congress approved July 2, 1921, ending state of war with Germany, and Treaty of Berlin, August 25, 1921. Although we offer no objections to the modification of the Treaty of Versailles not deemed incompatible with our interests, we can not admit that any rights acquired by this Government by treaty or otherwise can in any way be diminished or altered by an agreement between the Allies and Germany to which the Government of the United States is not a party and to terms of which it has not consented.
The points you make on significance of the word “Associated” are well taken and should answer conclusively any allegation of its inadvertent inclusion. You will recall in this connection Department’s telegram L–50, February 23,92 and your L–112, of March 22.93
Legal position of this Government is sound, and I am unwilling even to imply that our rights are only those of second mortgagee. From Ambassador Kellogg’s telegram of November 20,94 which he repeated to you, I note that he shares my views on this point.
I am in agreement with you that we should stress our legal rights wherever possible and avoid appearance of resting our case wholly on equitable grounds, although we should of course always maintain the latter with due prominence.