852.2221/468

The Consul General at Marseille (Hurley) to the Secretary of State

No. 362

Sir: Reports have come to the Consulate that there are now upwards of 2,000 Americans engaged in the civil war in Spain, and it is to be [Page 520] expected that the survivors will continue to cross the French frontier in ever increasing numbers.

So far six have come upon the Consulate and from its observations it is inclined to believe that the motives vary which inspired these men to disregard the appeal of the Government and the people of the United States that they remain neutral.

It would appear that among the American citizens who entered the conflict, some could be classed as out and out hired recruiting agents, whose purpose was to lead others to the scene of hostilities and then perhaps vanish; others no doubt came over due to inability to find employment and are probably not over enthusiastic under their present circumstances; others apparently were inspired by motives more or less ideological; and no doubt a section would be found whose predicament could be traced to an unscrupulous exploitation of their spirit of romance and adventure.

The measure of assistance which the Consulate can render such persons it is feared will be in no way commensurate with their needs. It has no funds on which to draw for their maintenance and repatriation, and it must be expected that on arrival they also will have no resources and in many instances will be unable to procure any.

It would appear that the only source from which they can demand assistance would be from the persons or agencies in the United States that effected their recruitment for this service. They have however shown no disposition to reveal the identity of such persons or agencies; and under the circumstances the Consulate has not felt called upon to press questions of this nature.

The Consulate is satisfied that while in France en route to Spain these men were adequately cared for by committees, most likely international, functioning for that purpose. While these committees will probably assist certain of the persons whose entry to Spain they facilitated, it must be expected that many will be left to shift for themselves. Such has been the experience of those who have come on this Consulate heretofore. They have however been so few in number that they have escaped the rigors of French laws and regulations.

Persons found in France without identity papers are subject to arrest and expulsion; and consular intervention in the case of persons arrested in remote districts near the Spanish frontier will certainly involve demands by local authorities for funds to defray transportation costs to the nearest consulate of such as claim American citizenship.

It is to be expected that any efforts of the Consulate to enable such persons to remain in France in destitute circumstances while awaiting funds or passports would find little sympathy with local authorities. The persons concerned would be unable to pay the fees for passports and photographs not to mention cables to the Department, friends and [Page 521] relatives. The condition must accordingly be expected where some of these American citizens will be imprisoned for vagabondage and perhaps returned to Spain.

This Consulate recognises under the circumstances that occasion can arise where the Department and the Service may be subjected to criticism in the press or certain sections thereof, or where cases of hardship may be exploited in the instance of minors and young men acting under motives of adventure and not quite conscious of the false position in which their recklessness has placed the American Government. Nevertheless the salient fact remains that there are no funds available to enable them to report to the office, to provide for their maintenance, or for repatriation.

The Department has on occasion directed the Consulate to endeavour to ship certain of these men as workaways and it has consistently tried to do so, with success however in only one instance. It believes that repatriation by these means is virtually impossible, due to the definite policy of the American Export Lines of refusing to accept any workaways but its own seamen; and to the attitude of Union members on the Dollar Lines toward non-Union unpaid labor. While it may be possible to sign on men in rare instances, the solution of the problem by this method can be left out of consideration.

The practice of the Consulate in such cases has been to take up passports where issued not valid for travel in Spain, and to wire the Department. It has availed itself of the opportunity afforded by its cable informing the Department of the identity of these persons, to include the names of relatives, or friends who might provide funds for repatriation. As far as relief is concerned they have however been allowed to shift for themselves as it is understood that Red Cross funds were not destined for refugees of this category.

Unless instructed to the contrary the Consulate will continue this policy with reference to persons who entered Spain in connection with the present civil conflict.

Respectfully yours,

John P. Hurley