463.00 R 29/177: Telegram

The Secretary of State to the Ambassador in France (Herrick)

[Paraphrase]

245. Embassy’s 326, June 12, 2 p.m., final paragraph. Question of disposition of the liberation bonds is one between the Governments of the United States of America, the British Empire, France, and Italy, named in agreements of September 10 and December 8, 1919; these agreements are separate and distinct from the treaties of peace both in purpose and in subject matter, and, unlike the treaties, they do not require ratification. They impose certain duties and confer certain rights upon the Government of the United States, and the latter can neither be relieved of its duties nor deprived of its rights without its consent.

Question at issue is not one to be determined among Allied Governments alone. It is specifically one for determination between Governments named in articles 4 and 5 of the agreements. Conference of Ambassadors as such has no competency to deal with question unless specifically authorized by the interested Governments, of which the Government of the United States is one. In event that Conference of Ambassadors should be so authorized, it may be looked upon as a Conference ad hoc of representatives of the Governments concerned. Moreover, as the decision rests with the four Governments named in the agreements, the Government of Japan, although it has a permanent representation on the Conference of Ambassadors, has no voice in the decision.

The fact that you sit as an observer on the Conference and do not vote on matters which are of no direct interest to this Government is wholly immaterial. When questions such as the present one arise in which the Government of the United States has a definite and direct interest, you, as the representative of this Government, have every right to be heard, to record views of your Government, and, if necessary, to vote.

You may make use of the foregoing statements when question of liberation bonds again is brought before Conference, and you should repeat with emphasis statement contained in Department’s No. 99, February 24, 4 p.m., adding that if agreement cannot be reached by you with representatives of the British, French, and Italian Governments in Paris, the Government of the United States requests that any further discussion of matter be deferred until it has had opportunity to take up question directly with Governments of France, Great Britain, and Italy.

[Page 200]

While the Department does not believe that there is any occasion for you to embark upon any discussion of scope of authority accorded Conference of Ambassadors as such, you will observe from minutes of various discussions in Supreme Council which finally resulted in setting up of Conference of Ambassadors that Conference is one of representatives of Governments sitting in interim between meetings of Supreme Council; that Governments concerned are left entirely free to determine who shall represent them on the Conference; and that authority of the Conference extends only so far as those Governments shall specifically authorize.

Since the Government of the United States: in this matter enjoys certain rights irrespective of its ratification or nonratification of the treaties of peace, the decision is one to be determined solely by the four Governments concerned. Form and manner of reaching decision is for them alone to decide; and while this Government may not have any objection; if matter is discussed between representatives of the four Governments who sit on Conference of Ambassadors, it must be understood clearly that it is not Conference of Ambassadors as such which takes decision but Governments concerned acting through their duly authorized representatives.

You will also recall that the Government of the United States in May 1921 was invited to be represented on Supreme Council, and accepted the invitation; and that Mr. Harvey, the American Ambassador in Great Britain, was designated to represent this Government on Supreme Council whenever questions in which the Government of the United States was directly concerned should arise for discussion.16 Inasmuch as Conference of Ambassadors is dependent upon Supreme Council and holds its authority from the Governments, the right of Government of the United States to participate fully whenever a matter should come up for discussion in which this Government has a direct interest is not open to question.

Kellogg