711.6712A/17: Telegram

The Secretary of State to the Ambassador in Turkey ( Grew )

[Paraphrase]

41. Your No. 61, April 20, 2 p.m. At appropriate moment, but preferably not until commercial modus vivendi has been renewed, endeavor to dissuade Minister for Foreign Affairs from suggesting any such stipulation as you describe in your telegram under reference. Also carefully avoid giving impression that this Government is more anxious to negotiate treaties of arbitration and conciliation with Turkey than with other states. You should point out the following specific points:

1.
Treaty of arbitration applies only to matters which are justiciable in their nature, expressly excluding matters which are within the domestic jurisdiction of either party.
2.
Although scope of conciliation treaty is broader than that of treaty of arbitration, as its object is not in any sense arbitration but investigation, report, and recommendation, it is unthinkable that the Government of the United States should attempt to invoke the provisions of a conciliation treaty in behalf of citizens of a foreign country.
3.
Modification of, or addition to, the texts of the treaties of arbitration and conciliation so as to meet the susceptibilities and apprehensions that are peculiar to one or more countries would render impossible execution of this Government’s program for negotiating treaties of arbitration and conciliation which are substantially identical with all governments outside of Latin America.
4.
On April 19 an arbitration treaty was signed with Italy;12 an arbitration treaty with Denmark13 and treaties of arbitration and conciliation with Germany14 will be signed within a few days. The treaties proposed to Turkey are exactly the same as these.

To guide you and for intimation to the Minister for Foreign Affairs, if you think wise: This Government would not agree to any stipulation such as the one described in your telegram.

Kellogg