710.1012 Anti-War/72: Telegram

The Acting Secretary of State to the Ambassador in Argentina (Weddell)

41. Your 66, April 15, noon,6 and 68, April 21, noon. The President has submitted the Anti-War Treaty to the Senate with a request for advice and consent to ratification subject to the following reservation:

“In adhering to this Treaty the United States does not thereby waive any rights it may have under other treaties or conventions or under international law.”

It is the Department’s understanding that the limitations to the conciliation procedure specified in Article V are to be regarded as a [Page 4] part of the treaty, and that reservation as to any one or more of those limitations is not necessary in order that they may be availed of by the contracting parties. We have acted on this understanding in submitting the treaty to the Senate. If the Foreign Office concurs in this construction of the treaty, you may submit a note as follows:

“In compliance with special instructions of my Government, I have pleasure in informing Your Excellency that having been duly authorized, I hereby, in the name of the United States of America and conditional upon the advice and consent of the Senate to ratification, adhere to the Anti-War Treaty of Non-Aggression and Conciliation celebrated in Rio de Janeiro on October 10, 1933, with such reservations as my Government may deem it indispensable to make.”

(Having in mind the above quoted reservation and numbered paragraph 1 of Resolution of the Conference.)

If plenipotentiaries of all governments sign a single protocol of adherence, the words “ratification in accordance with their respective constitutional methods” should be substituted for “the advice and consent of the Senate to ratification” and the words “their respective Governments” in place of “my Government” in the last line.

Phillips
  1. Not printed.