857H.01/41
The French Ambassador ( Daeschner ) to the Secretary of State
Mr. Secretary of State: Referring to Your Excellency’s letter of May 12, last, I did not fail to forward to my Government the American draft for the wording of the clause relative to the adherence of Russia to the treaty of February 9, 1920, concerning Spitzbergen.
In place of the formula “some of them at present recognize the existence in Russia of the Union of the Soviet Socialist Republics”, the Government of the United States would like to substitute the phrase “some of them have recognized ‘what is known’ as the Union of the Soviet Socialist Republics”.
My Government observes that this last wording takes into account the objection of a judicial nature raised by it. From a political standpoint, however, it does not believe it would meet the objections which I had brought to Your Excellency’s notice in my note of April 7, last, and in my Government’s opinion, there is reason to fear that the powers that have recognized the Government of the Union may not be in a position to accept it.
For that reason, I have been instructed to seek, together with Your Excellency, some designation that would bring about an agreement among all the signatory powers parties to the agreement of February 9, 1920, whether or not they have recognized the Government of the Union. A phrase juridically adequate appears to be rather difficult to find, since it is about a designation that would equally take into consideration the position of the Governments that have and those that have not recognized the Government of the Union.
To that end the Minister of Foreign Affairs has just forwarded to me another draft of a text which I have the honor to append to this note,24 and in which the formula “what is known as the Union of the Soviet Socialist Republics” is superseded by the phrase “Federation designated by the name of the Union of the Soviet Socialist Republics”. I should be much obliged to Your Excellency if you would kindly let me know whether this draft is such as to win the approval of the Government of the United States.
If not, I shall endeavor to join Your Excellency in seeking the wording of a final text which will be such as to satisfy all the contracting parties.
Be pleased [etc.]