710.G Women’s Rights/16: Telegram

The Acting Secretary of State to the Chairman of the American Delegation (Hull)

105. The President today off the record discussed equality under nationality laws saying story should break at Montevideo: Most of tempest in teapot was occasioned by erroneous press despatches that all American nations agreed to sign while American delegation refrained. Only six nations agreed to sign, others took matter under consideration. Second cause of tempest was misunderstanding here of occurrences in Montevideo. As originally introduced the resolution was broad and general, granting equality in nationality and civil rights. This immediately caused flare-up in Latin American republics and here. Resolution was then divided into two parts and civil rights part was quietly tabled and nothing more heard of it. The nationality section remaining states essentially laws of United States more than any other nation. Our nationality laws apply equally to husband and wife with minor exceptions. One is that when American woman marries Englishman and lives in England the offspring are British. Some people claim said children should be allowed to choose nationality at 21. To change the law requires action by Congress. This is position of this country and of the Secretary of State. After reading nationality resolution President added that we have made two things clear: We have a committee composed of Secretary of State, Attorney General and Secretary of Labor who are simplifying our nationality laws which, with minor exceptions, do not discriminate between sexes. The Secretary of State has explained our action to the Conference. President then added that he did not think we would block passage of the resolution but would explain our revising process and that changes of law on minor points would rest with Congress. Asked if Secretary of State would sign on behalf of the United States, President said no reason existed for refusal provided signature accompanied by statement that matter is before Congress.

Phillips