852.01/365: Telegram
The Consul at Seville (Bay) to the Secretary of State
[Received 7:30 p.m.]
27. I conveyed orally to Senor Vidal on May 18 in Burgos the substance of the Department’s 18, May 9, 6 p.m., the Chief of the American section being present.
Senor Vidal observed that since General Franco controlled the greater part of Spain’s territory and population there was a situation in fact to be considered and while there might be no provision in the practice of the American Government to exchange agents with a regime it has not recognized, he ventured to ask if these circumstances would not warrant a practical disposition of some kind that would tend to equalize the advantages of both parties. He referred to Great Britain’s arrangement which is in addition to that country’s nonintervention policy. He contrasted the facilities extended our consuls with the difficulties of Senor Cardenas in New York to discharge his trust, adding that it is desired to send Nationalist ships to American ports bearing the Nationalist flag, not for the purpose of prestige but for a mutually beneficial commerce. He emphasized the situation of many Spaniards in the United States who for nearly 2 years have had need for protection in inheritance cases, passports and other services not now available to them. These observations were spontaneous and he said that a little time would be needed to formulate a complete statement of the matter.
By agreement I called at 6 p.m. the next day to receive a prepared memorandum which in translation states that an examination of the relations between the United States and Nationalist Spain, aside from all consideration of a political character, reveals a state of fact, the consequences of which might be [garbled group] of great mutual benefit.
The American Government, it states, which has not recognized that of General Franco, maintains consular representation in Spain exercising all its functions and, in contrast, the position of General Franco’s agent in New York is so limited in character that he cannot protect the persons and interests entrusted to him. With a view of indicating the function of the agents of both countries, on a basis of reciprocity, the National Government, the statement adds, proposes three points:
- 1.
- Recognition of the realities and necessities of the existing situation.
- 2.
- Recognition of General Franco’s agent in New York and those to be designated in other cities with functions for the protection of persons and interest coming within their authority, specifically (a) [Page 198] the issuance of consular documents and the visaing of documents issued by local authorities, (b) passports, (c) notarial services, (d) recording vital statistical data, (e) documenting ships flying National flag, (g) right to use official paper and official seal, (h) access to the official centers, (i) liberty of communication by mail and telegraph.
- 3.
- Freedom of Nationalist ships to visit American ports bearing Nationalist flag and facility for the agent of General Franco to display on his residence the flag and official seal. The concluding paragraph states that for the above, American consuls in Nationalist Spain will be extended the same facilities and prerogatives exercised up to the present time.
When handing me the memorandum Senor Vidal pointed out that it contains the minimum desires of the Nationalist Government for the protection of its interests in the U. S. and that they included only the most elementary consular functions. He indicated also that agents in Burgos and in Washington were not necessary by the proposed arrangement. In the event that these proposals are not found acceptable he stated that a reconsideration of the subject would be required.
Despatch follows.64
- Despatch No. 250, May 22, not printed.↩