500.C114/388

The Secretary of State to the Minister in Switzerland ( Gibson )

No. 388

Sir: There is enclosed, for transmission in the usual manner, a Note to the Secretary General of the League of Nations, regarding the resolution of the Senate concerning the conditions of the adhesion by this Government to the Protocol and Statute of the Permanent Court of International Justice.

I am [etc.]

Frank B. Kellogg
[Enclosure]

The Secretary of State to the Secretary General of the League of Nations ( Drummond )

Sir: I have the honor to refer to the communication of this Department, dated August 15, 1921,12 acknowledging the receipt of a certified copy of the Protocol of Signature relating to the Statute of the Permanent Court of International Justice, and take pleasure [Page 6] in informing you that the Senate of the United States of America, on January 27, 1926, gave its advice and consent to the adherence on the part of the United States to the Protocol of Signature of the Statute for the Permanent Court of International Justice, dated December 16, 1920, and the adjoined Statute for the Permanent Court of International Justice, without accepting or agreeing to the Optional Clause for Compulsory Jurisdiction, contained in the said Statute, on the condition of the acceptance by the Powers signatory to the Protocol of the conditions, reservations and understandings contained in the Senate Resolution, which reads as follows:

[Here follows text of Senate Resolution No. 5, printed ante, page 1.]

I have the honor, therefore, to inform you that the signature of the United States will not be affixed to said Protocol until the Governments of the Powers signatory thereto shall have signified in writing to the Government of the United States their acceptance of the foregoing conditions, reservations and understandings as a part and a condition to the adherence of the United States to the said Protocol and Statute.

I have addressed a communication to the representative of each of the Governments of the Powers signatories of the Protocol asking these several Governments to be good enough to ascertain and to inform me in writing whether they will accept the conditions, reservations and understandings contained in the resolution as a part and condition of the adherence of the United States to the said protocol and statute.

Accept [etc.]

Frank B. Kellogg