711.8221/3: Telegram

The Secretary of State to the Minister in Liberia ( Walton )

29. Your despatch no. 137 of October 17, 1937. Page 2, Article 1. The Department is reluctant to accept Liberian Government’s proposal since it is not clear as to what objections they have to our draft. Department believes that lines 1 to 5 (up to semicolon) are indispensable. It asks for reconsideration by the Liberian Government of its position [Page 811] as to lines 5 to 11. If their objection is based on the idea that they should not be obliged to issue an exequatur or similar document to a consular officer of this Government who is personally objectionable to them, you are authorized to state that nothing in the treaty requires either High Contracting Party to grant an exequatur or similar document to a person who is persona non grata. This statement may be made in writing if the Liberian Government so desires.

Department accepts all other changes made in pages 4, 6, 10, 18 and 20. It also accepts the clarification made with respect to the word “official” and states that it did not intend to obtain customs or tax exemptions for American citizens employed by the Liberian Government.

Page 10, Article 6. The Department concurs in the statement of the Liberian Government, since it is well understood that, under normal conditions, and subject to exceptions recognized in international law, the remedy provided by law should be pursued up to the tribunal of last resort before interposition through diplomatic channels is justified. You should state this in a note to the Liberian Government.

The Department relies upon you to assure that the final text is in exact accordance with agreement reached and to advise it when complete agreement has been reached. Full power being prepared and will be sent by air mail. You will postpone signature until it reaches you or you are further instructed.