711.5212A/5

The Secretary of State to the Chargé in Spain ( Blair )

No. 335

Sir: The Spanish Ambassador called to see me January 26, 1928. He brought with him the original of the Department’s note of October 20, 192549 (which, however, bore no date) regarding the renewal of the Root Arbitration Convention of 1908.50 He said that an examination of the Embassy’s files did not indicate that any reply had ever been made by his Government to the proposal which was outlined in the note, and inquired as to the present views of the Department on the subject.

I told him that I was prepared to negotiate a new arbitration convention with Spain either on the basis of the original Root Convention of 1908, or on the basis of the draft arbitration treaty which the United States has submitted to France and which is the subject of current negotiation with that Government.51 The Spanish Ambassador said that he would be glad to have a note or memorandum from the Department confirming my statement so that he might communicate it to his Government. He also indicated a desire to have available for consideration the text of the proposed arbitration treaty with France. I explained that the terms of the treaty with France were now under discussion and that some modifications in phraseology might result from the negotiations now in progress, and that the Spanish Government should not, therefore, regard the draft treaty as final or as a definite proposition from which there would be no deviation. The Ambassador said that he understood this.

In view of the progress which was being made in the negotiations with France I delayed, however, communicating further with the Spanish Ambassador in the hope that it might be possible to send him the text of the definitive treaty instead of merely the preliminary draft. The treaty with France was signed February 6, 192852 and I have since despatched a suitable note to the Spanish Ambassador49 confirming the statement made by me to him, and transmitting the text of the treaty signed with France.

I am [etc.]

Frank B. Kellogg