711.1212Anti-War/9: Telegram
The Ambassador in Mexico (Morrow) to the Secretary of State
[Received 4:35 p.m.]
286. My despatch No. 992, September 2489 and Department’s telegram 263, September 26, 4 p.m.
Acting Minister of Foreign Affairs Estrada brought up in a conversation with Schoenfeld and myself last Friday evening what seemed to him an inconsistency between article 3 of the multilateral treaty for the renunciation of war and the notes which we had sent him on September 24 and September 28 with reference to the method of adherence to be adopted by parties other than the original signatories.
The Acting Minister stated that from the language of the treaty itself it appeared that it was to go into force as between the contracting parties as soon as their several instruments of ratification shall have been deposited in Washington and that the treaty “when it has come into effect as prescribed” shall remain open for adherence by other powers. Acting Minister Estrada seemed to be of the opinion that the procedure we had invited the Mexican Government to follow in our two notes of September 24 and 28, respectively, is in conflict with this provision of the treaty regarding adherence. The Acting Minister of Foreign Affairs pointed out to us that in his note of September 14 accepting the invitation of the United States Government to adhere to the treaty, copy of which note was transmitted to the Department within the Embassy’s despatch number 970 of September 14, he had deliberately used the language of article 3 on the subject of procedure to be followed in adhering thereto. He asked us if it was desired that [Page 222] he should answer our notes of September 24 and 28, respectively. He stated that he was willing to do this if we desired but if he answered such notes he feared it might involve an academic discussion which might be interpreted as having a significance it would not possess. If we agreed with him in this respect he suggested that the notes of September 24 and 28 be withdrawn allowing the Mexican Government to send its instrument of adherence to Washington without further delay. We advised him that we would submit the matter to the Department for instructions.