711.5212Anti-War/26: Telegram

The Secretary of State to the Ambassador in Spain (Hammond)

51. [Paraphrase.] What follows is for your information, but if some question regarding the subject is raised with you by Spanish Government you may make discreet use of facts set forth below.

On July 23 I telegraphed to our Embassies in France, Germany, Great Britain and Italy as follows: [End paraphrase.]

[Page 132]

[Here follows text of Department’s telegram No. 226, July 23, noon, to the Ambassador in France, printed in paraphrase on page 124.]

After consideration of the replies to my inquiry I yesterday sent the following telegram to the four Embassies mentioned:

[Here follows text of the Department’s telegram No. 237 printed supra.]

I also sent yesterday for the Spanish Ambassador and had the entire situation carefully explained to him. Mr. Castle’s memorandum of the conversation is as follows:

“I told the Spanish Ambassador that following the Secretary’s conversation with him on July 19, 1928, regarding the desire of Spain to be included among the original signatories of the multilateral treaty for the renunciation of war which is to be signed next month, he had informally inquired of the other Governments primarily interested in the negotiation of the treaty whether it would be advisable in their opinion to enlarge the number of original signatories by extending an appropriate invitation to Spain. The Secretary confidentially informed them at the same time that he understood Spain would accept such an invitation if tendered. I told him further the Department has now received replies from all the Governments thus approached and that in no quarter was any objection raised to the suggestion that Spain participate in the treaty at the earliest possible moment. I said the replies indicated, however, that if a special invitation were extended to Spain at the request of the United States some of the Powers heretofore concerned in the negotiation of the treaty would feel disposed formally to request the inclusion of certain other Governments among the original signatories; that furthermore the leak in the Spanish press had led various governments to inquire why it was, if Spain was included, they should not be also. A considerable increase in the number of original signatories, I pointed out, would seriously complicate matters and might even delay unduly the coming into force of the treaty since the treaty by its terms cannot become effective until ratified by all the Powers signing it in the first instance. I said that the Ambassador’s assurances as to the position of Spain with respect to the question of ratification were of course sufficient to remove any misgivings on that score so far as Spain was concerned, but that unfortunately there were no comparable assurances with respect to the States whose participation would necessarily follow were Spain to be invited to sign the treaty in the first instance.

I told him that in these circumstances, and particularly since it does not seem possible to find any convincing ground upon which to distinguish the case of Spain from that of other important world powers not called upon to become original signatories of the treaty, we had been regretfully forced to the conclusion that it was not feasible to arrange to have Spain included among the original parties to the treaty. The Spanish Government, I said, might rest assured, however, that no other Government would be given a preferred position [Page 133] over Spain in the matter and that the treaty would be signed in the first instance only by the fifteen Powers now named in the preamble thereof.

I explained to him again the stipulations of the treaty as to the procedure pursuant to which governments other than those signing in the first instance could become parties thereto and told him that the United States hopes that Spain will take the earliest possible advantage of the provisions of that article and adhere to the treaty without delay as soon as it has come into force, that it would welcome association with Spain in this new movement for the promotion of world peace.

[Paraphrase]

Mr. Padilla, who was very angry, again went over the old ground, but without adding anything new to what he has already said. The effect that the episode will have on him personally is evidently his primary worry. He said that he would cable his Government that other governments had objected to having Spain sign the treaty. I said that he must not do this, as it would not be true. The Secretary of State then joined the conference and answered the Ambassador very clearly along same lines that I had taken, stating that nothing more could be done as the treaty could not be kept waiting by changing all the plans at the last instant, and adding that, as he had already said many times, it had become clear that were Spain to become an original signatory of the treaty, without reason, it would be necessary to ask the world.

I explained once more, in detail, why the fifteen nations and no others were to sign the treaty, and I am convinced that the Ambassador understands even though he gives the appearance of not doing so. He still insists that the Secretary did invite Spain to sign; but, as I pointed out, the records on which he relies for that statement do not ear him out.”

Should you find it necessary to discuss this matter with the Spanish Foreign Office, you will please make it perfectly clear that none of the Governments consulted in the present negotiations has objected in any way to Spain’s participation as an original signatory and that the difficulty lies in fact that if this Government should have Spain invited to sign in the first instance other Governments would insist upon adding other powers; the result would be, in all probability, the necessity of issuing a general invitation to the entire world and, in consequence, the postponement of the ceremony of signature and inevitable delay in the treaty’s coming into force. This is entirely out of the question, of course, and I had no choice, therefore, but to conclude that the general interest demanded strict observance of present program. If the addition of Spain to the fifteen powers now named in the preamble were the only question involved, the situation would be different; but that is not the case. Only two days ago, for example, the Chargé of the Government of the Netherlands called at [Page 134] the Department to state that his Government had seen rumors that Spain was to be invited to be an original signatory of the treaty, and that if that were so his Government hoped that, as it had for so long been one of the prime movers in all peaceful efforts, it might also be included.

Kellogg