Office of the Historian

811.113/297

The Chairman of the Senate Committee on Foreign Relations (Pittman) to the Secretary of State

Washington, May 10, 1933.

My Dear Mr. Secretary: We had up in the Committee this morning for discussion H. J. Res. 93, to prohibit the exportation of arms or munitions of war from the United States under certain conditions.

I attach a copy of the resolution to this letter.

The chief objections to the resolution urged at the meeting were: [Page 366]

  • First. That it is indefinite as to what governments the President shall cooperate with. Would he have power, for instance, to place an embargo in cooperation with Nicaragua, or is it the intention that such cooperation shall be with powerful nations only?
  • Second. What good will be accomplished, it is urged, if the United States manufacturers refrain from shipping arms to a country or countries in question if ample munitions of war are supplied from some other country? In such a case would not our manufacturers and our producers of raw material that enter into the manufacture of munitions needlessly suffer?
  • Third. Under the construction of the resolution it is clear that the President will be granted the power to place an embargo upon the exportation of munitions of war to one of the warring powers or groups of warring powers. It is contended, therefore, that the exercise of such authority would have a strong tendency to involve the United States to such an extent that a condition of war might arise.
  • Fourth. It is urged that the passage of this resolution at this time might be accepted by Japan as aimed at her, as the Commission of the League of Nations, on which we had a member, found facts from which there is a logical conclusion that Japan has been and is the aggressor in the Sino-Japanese conflict. It is contended that the governments, parties to the finding of fact with regard to the Sino-Japanese conflict, might request the President to join them in executing the power conferred under the resolution, and that such request might develop into an embarrassing situation.

Certain amendments have been suggested to eliminate opposition to the resolution on the grounds herein stated.

It was called to the attention of the Committee that full hearings were had before the House Committee, and that a representative of your Department appeared and testified before that Committee. It seemed to be the opinion of several members of the Committee that the questions raised by the resolution are of such vital and far-reaching effect that it would be very helpful to the Committee if you could possibly find time to give the matter your personal attention, and appear before the Committee, even were it but for a few minutes. The Committee fully realizes that your time is almost continuously occupied by your extraordinary duties, and therefore I hope that you might use your own discretion as to fixing the time when you may appear before the Committee, if you find it possible at all.

While the Committee will be greatly aided by your personal advice, they desire you to express to them in writing your views with regard to the suggested questions if you find it impossible to fix an hour at which you could appear before the Committee.

With expressions [etc.]

Key Pittman
[Page 367]
[Enclosure]

House Joint Resolution 93, April 17, 1933, 73d Congress, 1st Session

Joint Resolution To prohibit the exportation of arms or munitions of war from the United States under certain conditions.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the President finds that in any part of the world conditions exist such that the shipment of arms or munitions of war from countries which produce these commodities may promote or encourage the employment of force in the course of a dispute or conflict between nations, and, after securing the cooperation of such governments as the President deems necessary, he makes proclamation thereof, it shall be unlawful to export, or sell for export, except under such limitations and exceptions as the President prescribes, any arms or munitions of war from any place in the United States to such country or countries as he may designate, until otherwise ordered by the President or by Congress.

Sec. 2. Whoever exports any arms or munitions of war in violation of section 1 shall, on conviction, be punished by a fine not exceeding $10,000 or by imprisonment not exceeding two years, or both.

Passed the House of Representatives April 17, 1933.

Attest:

South Trimble

Clerk