852.00/5885b: Telegram
The Secretary of State to the Ambassador in the United Kingdom (Bingham)
265. As you are aware the Joint Resolution of Congress approved May 1, 1937, provides that “whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to any belligerent state named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.”
There has been considerable pressure brought to bear upon the President by members of Congress, private individuals and organizations and societies for the placing of an embargo upon the shipment of arms to Germany and Italy on the grounds that a state of war exists between those countries and Spain. The accumulation of direct [Page 345] Governmental intervention by those two nations in the Spanish conflict has been used as a basis for this pressure and the intensity of the insistence for an embargo has increased during the last few weeks by reason of the recent direct overt acts by Germany and Italy. The President has not yet felt that he would be warranted in proclaiming an embargo against those two countries on the basis of the facts so far available to him, but in view of the requirements of our law it may become necessary at any moment to give serious consideration to the relationship of Germany and Italy to the Spanish conflict.
I would be very grateful if you would, upon your own initiative, without indicating that you have had any instructions on the subject from me, endeavor to ascertain the opinion of the British Government as to whether a state of war might be considered to be now in effect between the German and Italian Governments and the Spanish Government. I would also like to know whether there is any substance to the press reports published here that the British Government is considering granting belligerent rights to the Spanish insurgents. I would furthermore welcome your comments and opinion based upon any information you may discreetly obtain from the British Government on the effect which would be produced upon the British and European Governments in the event we found ourselves forced to declare an arms embargo against Germany and Italy as a result of further incidents which would force us to take such action in compliance with our law.