852.0022/8: Telegram
The Third Secretary of Embassy in Spain (Wendelin) to the Secretary of State
[Received October 18—6:55 p.m.]
X–226. In formal communication to Chilean Ambassador dated October 13th the Minister of State raised question of asylum of Spanish [Page 742] citizens in foreign missions and stated that thus far the Spanish Government has respected right of asylum “through a spirit of tolerance and not because it is obligated to do so by agreements which Spain has not accepted in international relations”. The note then referred to the Habana convention on asylum of 192868 and declared that none of the representatives in Madrid of governments signatories thereof except one (Mexico) had [met] with the requirement of article number 2 thereof to notify government to which they are accredited of persons given asylum. The note concluded with the declaration that “the practice of the right of asylum having given rise to notorious abuses” the Government notifies the Diplomatic Corps through the doyen that “it sees itself obliged to terminate the attitude of extraordinary tolerance adopted by it up to the present with regard to the practice of the right of asylum, reserving to itself the action against the abuses already committed that may be required in each case by the high interests of the Republic”.
Above communication was considered at meeting Diplomatic Corps last evening. Chilean Ambassador will reply referring to Montevideo Convention of 1933 and justifying action principally on grounds of humanity, citing similar action by Spanish representatives in Latin America and recent requests for protection by high officials present Government on behalf of relatives or friends. Since Minister of State’s note has no application to this Embassy I informed Chilean Ambassador that there was no justification for our inclusion in proposed reply.
I remain convinced that our policy of affording refuge only to Americans in case of emergency is best assurance that inviolability of the Embassy will be respected. In addition to giving asylum in missions proper some representatives have taken over entire apartment buildings to house Spanish refugees under theory of extension of extraterritoriality. This practice is giving rise to popular resentment and several attempts of militia to enter certain missions have occurred. No hostile incident whatever has yet affected us.
Certain members of British colony have attempted to force British Embassy to give refuge to Spaniards. The British Chargé d’Affaires therefore informed his Government which has been endorsing same policy as ours on ground first consideration must be protection own nationals. British Government has made public statement to this effect in London. As far as I know no Americans here have attempted similar interference.