711.00111 Armament Control/1582
The Secretary of State to the Spanish Ambassador (De los Ríos)
Excellency: I have the honor to acknowledge the receipt of Your Excellency’s note No. 137/12 of November 19, 1937, in regard to the application of the provisions of the Joint Resolutions of January 8 and May 1, 1937, to the civil strife now taking place in Spain. I note that you register a formal protest against these two Joint Resolutions on the grounds, first, that the embargo on the export of arms, ammunition, and implements of war to Spain conflicts with Article II of the Treaty of Friendship and General Relations between the United States and Spain, signed at Madrid July 3, 1902, and, second, that the embargo contradicts the right of a legitimate government to acquire from other countries the means of self-defense.
The legal aspects of the question which Your Excellency raises in your note were touched upon in your recent discussion of the matter with Mr. Wilson20 and I shall not revert to them at this time. I shall be glad, however, to give them further consideration if you feel that further discussion of those aspects of the matter is necessary.
In regard to Your Excellency’s second point, I can only invite your attention to the fact that, due to the troubled state of the world and to the well-known desire of this Government to keep this country out of war, this Government has in the past two years, under specific provisions of law enacted by the Congress, pursued a policy of refusing to permit the export of arms, ammunition, and implements of war to warring nations. This policy was, under the terms of the Joint Resolution approved May 1, 1937, extended by the Congress to apply to states engaged in civil strife when that civil strife “is of a magnitude or is being conducted under such conditions that the export of arms, ammunition, and implements of war from the United States to such foreign state would threaten or endanger the peace of the United States”. The determination as to when a state of civil strife is of such a magnitude or is being conducted under such conditions is one which rests, under the terms of the law, with the President. Moreover, I must most definitely state my conviction that the question of the control of the export of arms, ammunition, and implements of war from the United States to foreign countries is a domestic question to [Page 469] be decided by this Government alone on the basis of the probable effect of such control upon the fundamental policies of the Government, to wit, by every legitimate means to keep this country out of war and to avoid interference of any kind in the internal affairs of other nations. This Government does not concur in the thesis that it is obligated under international law to provide arms to either or both of the parties to a war or a civil conflict.
In view of all these facts and circumstances, I am unable to accept Your Excellency’s contention that the Joint Resolutions of January 8 and May 1, 1937, may be made the basis of a protest by a foreign government upon the grounds cited.
Accept [etc.]