711.524/6
The Secretary of State to the Chargé in Spain (Whitehouse)
Sir: The Department has received your despatch No. 1398, of November 5, 1929, in regard to this Government’s proposals concerning a treaty upon the subjects of nationality and military service.
I regret to say that the counter proposal of the Spanish Government which relates solely to military obligations in cases of persons born in the United States of Spanish parents is not satisfactory to this Government. In the first place, it is not applicable to naturalized citizens nor to persons born in Spain of American parents. Furthermore, the proposed provisions concerning persons born in the United States of Spanish parents are not deemed to be desirable. With regard to such persons, the Department desires to enter into an agreement, in accordance with the Joint Resolution of Congress of May 28, 1928, under which persons born in the United States of Spanish parents and continuing to reside in this country may visit Spain temporarily without being compelled to perform military service. This Government has no desire to enter into an agreement which would be applicable to [Page 485] persons born in the United States of Spanish parents, if such persons have established and maintained a residence of a permanent character in Spain. The proposals of this Government are based upon the principle that in cases of persons born with dual nationality, liability for military or other national services should be dependent upon residence.
I am [etc.]