500.A15A4 Steering Committee/129: Telegram
The American Delegate (Wilson) to the Secretary of State
438. Your 232, November 5, noon, is highly interesting and opens a very important problem. First, as to procedure.
The report to be presented shortly covering the discussions in the Committee on the Manufacture of and Trade in Arms can be nothing but a photographic reproduction of the debates in the Committee since this body came to no decisions. Any presentation which omitted our reservation would be like Hamlet without the ghost. It should also be remembered that our delegation has refrained from comment on many of the questions at issue because we have been covered by the [Page 365] constitutional reservation. Simply to withdraw it without explanation would place us in an embarrassing position in suggesting alterations in unacceptable articles and expressing our views on points which we have previously passed over in silence.
Further, I think the presentation of our altered point of view is so important that we should give its phraseology most thorough consideration and not be rushed into endeavoring to get it into a report which will be presented within the next couple of days.
There are evidences of movement toward disarmament along many lines at this moment and every contribution that any state can make within the next few weeks may help to precipitate a situation which may even result in giving us a satisfactory treaty. For this reason it would seem effective to let the reservation stand in the report and at the moment when it comes up for discussion in the Bureau take advantage of this public opportunity to withdraw the reservation and make the following explanation.
“The rapporteur has been good enough to include in his statement a reference to the attitude of American delegation based on remarks which I had the honor to offer to the Committee on October 6. These remarks dealt with the peculiar constitutional system of the United States and with the difficulties which this system placed upon the American Government in accepting an obligation to control or supervise private manufacture of arms, ammunition and implements of war.
The American Government has instructed me to withdraw this reservation. At the same time I am directed to make clear our position in this matter.
As has been stated here frequently relations between the Federal Government and the constituent States of the American Union are peculiar in so far as the Federal Government exercises only powers which are delegated specifically or follow by implication from the wording of the Constitution. The particular question involved in the draft convention in regard to the exercise of control by the Federal Government within the realm which heretofore has been considered as pertaining solely to the reserved sovereign powers of the individual States has not been passed upon by the judicial authority of the United States. The American Government while still feeling it is necessary to lay emphasis upon the constitutional difficulties which may be involved no longer considers these difficulties insurmountable in all respects.
My Government actuated not only by a desire to refrain from blocking progress in this very important adjunct to the general disarmament treaty but also wishing to make a further material contribution to the limitation and reduction of armaments so urgently needed at this time desires no longer to insist upon this reservation in the hope that our convention relating to the manufacture of arms may contribute to the general welfare. My Government is further animated by the belief that the convention will result in the common [Page 366] good to humanity and more specifically may make practicable the application of certain portions of the general disarmament treaty.
It must be realized in this connection that the ultimate solution may call for long and patient study on the part of all of us in order to avoid decisions which however desirable theoretically may actually jeopardize the success of our work.
Thus my Government no longer considers certain phases of the problem insurmountable and at the proper time in the debates the American delegation will present its views from the point of view of expediency and practical policy”.
The foregoing statement has been drafted with article 1, section 8, paragraph 1 of the Constitution constantly before us.
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