852.00/5124

The Spanish Ambassador (De los Rios) to the Secretary of State

[Translation]

Mr. Secretary: I have the honor to send to Your Excellency, pursuant to instructions received from my Government, the following information:

On the outbreak of the criminal military uprising which, from the month of July 1936, has been staining the soil of Spain with blood, the rebels being false to the most solemn promises and using the arms which had been entrusted to them by the State solely and exclusively for the purpose of defending the Republic and its legitimate Government succeeded in dominating a part of the territory of the nation on whose inhabitants they imposed themselves brutally by terror and, although from the first moment they devoted themselves to the repugnant task of eliminating violently the leaders, workers and all persons who had publicly indicated their love for the Republican regime, committing monstrous crimes which history will record to the shame of those who perpetrated them, it is evident that there still remain in the provinces held by the insurgents a multitude of men loyal to the Republic. The Government of Spain knows this with certainty because it knows Spaniards and is not unaware of the depth to which the essence of the regime which was voluntarily given to the people sank into the consciousness of the nation. It also knows this by the irrefutable testimony of those who every day are escaping from the insurgent camp to fall into the fraternal arms of those who are fighting for liberty and justice.

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The Spanish Government knows that, notwithstanding the number of assassinations which have been committed, the martyrs of which will never be forgotten by the Republic and to whom some day she will bear witness with gratitude and emotion, there are many loyal men who, because the rebellion surprised them on insurgent territory have had to belong to or to enlist by force in rebel units and fight, contrary to their feelings, against their brethren of blood and ideals. For that reason, when they find a propitious opportunity, they pass over to our camp, where they are not only fraternally welcomed but where they are given recompenses according to the orders of the Ministry of War. The Government of Spain in its desire to give new proof of generosity expects of all valiant men who are struggling in the defense of the Republic with arms in their hands will not forget that as long as the combat endures any violence is just and necessary, sanctified in this case by the justice of our cause, but when the fight is over the life of whatever prisoner falls into their hands is sacred and must be respected; no one can dispose of it whether individually or collectively; only the courts having jurisdiction can pronounce, at the proper time, the sentences which they may deserve. Therefore, in accordance with the Council of Ministers and of the proposal of its President, the following has been decreed:

  • Article 1. That the lives of the insurgent combatants, whether Spaniards or foreigners who are taken prisoner, shall be respected and they will be delivered without loss of time to the competent authorities, it being forbidden to bring them to trial without previous decision of the Council of Ministers.
  • Article 2. With regard to the combatants of the rebel camp who voluntarily present themselves to our ranks not only will their lives be respected but an inquiry will be instituted and, if their adherence to the Republic is proved as a result thereof, the Government will recognize their positions, situations and ranks which they may prove that they enjoy or have enjoyed, whether in civil or in military life.

I avail myself [etc.]

Fernando De Los Rios