857H.01/36
The French Ambassador (Daeschner) to the Secretary of State
Mr. Secretary of State: Article 10 of the treaty of February 9, 1920, relative to Spitzbergen20 makes it a condition for the adherence [Page 202] of Russia that a Russian Government shall be recognized by the High Contracting Parties: “Until the recognition by the High Contracting Parties of a Russian Government shall permit Russia to adhere to the present Treaty, Russian nationals and companies shall enjoy the same rights as nationals of the High Contracting Parties.”
The Soviet Government having since informed the Norwegian Government that it acknowledged the sovereignty of Norway in Spitzbergen and made no objection to the treaty of February 9, 1920, being put into operation, it seemed to the French Government that it would be advantageous to secure the formal adherence of the Soviet Government without giving the said Government any ground upon which to claim recognition by all the signatory powers on the strength of article 10.
To that end under instructions from the French Government my predecessor laid before the American Secretary of State a draft protocol stating that the powers signatory to the treaty of February 9, 1920, had agreed that “notwithstanding the stipulation in article 10, Russia be permitted to give its adherence even though all the High Contracting Parties have not yet recognized the existence of a Russian Government.”
While concurring in the French Government’s suggestion to let Russia adhere to the treaty concerning Spitzbergen without waiting for the recognition of the Government of the Union by all the signatory powers, the Honorable Mr. Hughes asked Mr. Jusserand in behalf of the American Government that instead of the protocol originally contemplated there be substituted an agreement calling for ratification. He also expressed a desire that it be clearly specified that the signature of the United States, if eventually placed on that agreement, could in no wise be regarded as implying its recognition of the Soviet Government.
I have the honor to inform Your Excellency that my Government, so far as it is concerned, sees no objection to concurring in the views of the American Government.
Nevertheless the language of the draft agreement handed by Mr. Grew to Mr. de Laboulaye on July 15 last,21 and forwarded to the Minister of Foreign Affairs, calls in its turn for a reservation which is considered to be essential. It bears on the style of designation of the Government of the Union. The American draft speaks of the regime “now functioning in Russia and known as the Union of the Soviet Socialist Republics”. This designation is open to two objections:
- 1.
- One of a judicial nature: A regime cannot be party to a treaty;
- 2.
- A more serious objection of political character: The American [Page 203] designation carries a somewhat disparaging sense, and it is to be feared that under those conditions some of the signatory powers that have recognized the Government of the Union may hesitate to affix their signatures to a document which they might believe likely to wound the susceptibilities of the Soviets.
The French Government therefore suggests, subject to any other minor change without, however, bearing on the substance, that there be substituted for the sentence “that some of them recognize the regime now functioning in Russia and known as the Union of the Soviet Socialist Republics” the sentence “now acknowledging the existence in Russia of the Union of the Soviet Socialist Republics”.
I therefore have the honor to submit to Your Excellency the enclosed draft arrangement22 which takes into account as far as possible the wishes of the Government of the United States and seems to my Government to contain a formula that will be acceptable to all the powers.
Be pleased [etc.]
- File translation revised.↩
- Foreign Relations, 1920, vol. i, p. 78.↩
- Foreign Relations, 1924, vol. i, p. 5.↩
- Not printed↩