Foreign Relations of the United States Diplomatic Papers, 1938, General, Volume I

026 Foreign Relations/1341a

The Secretary of State to the Chargé in the United Kingdom (Johnson)¹

No. 2147

Washington, February 14, 1938.

Sir: As the Embassy is aware, the Department has been following the policy of publishing Foreign Relations volumes approximately fifteen years after the date of the documents printed in the volumes in question. This policy was adopted largely because certain foreign governments had indicated that they were reluctant to consent to the publication of their respective documents in the Foreign Relations volumes which were less than fifteen years old. In several instances there was reason to believe the governments regarded even the fifteen-year period or “gap” as too close to current events and consents to publish important documents were only obtained by American diplomatic missions after considerable negotiation. In the circumstances, it was felt by the Department that if the Foreign Relations volumes were to be “substantially complete” as required by the Department’s order of March 26, 1925, a copy of which is printed on page 59 of Publication No. 864,² herewith enclosed, and, at the same time, were to be published at as early a time as possible after the date of the documents or papers compiled therein, the policy involving the fifteen-year period mentioned was best adapted to carrying out the objective of the Foreign Relations publication.

While the procedure in question has resulted in Foreign Relations volumes being issued which were very well received by the interested public because of their comprehensive content, there has nevertheless been a great deal of criticism over the alleged delay in issuing the volumes. This criticism has been expressed in numerous resolutions of historical and international law societies, in communications from professors, lawyers, publicists, and others interested in international affairs addressed to the Department and to Congress and in various articles and statements which have received wide publicity. Copies of some of these resolutions and communications are enclosed together with extracts from relevant articles on the subject.³

Reference may also be made to the hearings before the Sub-Committee of the House Appropriations Committee on the Department’s appropriation bills for 1937 and for 1938. During the course of these hearings officials of the Department were questioned in detail regarding the Foreign Relations volumes and the reasons for the alleged delay in publishing them. The report of the hearings on the 1937 and the 1938 bills with particular reference to the subject of publications have been reprinted by the Department and issued in pamphlet form (Publications Nos. 864 and 1005⁴). Copies of these pamphlets are enclosed. It will be noted that Publication No. 1005 quotes on page 71 the statement regarding the alleged delay in issuing the volumes which was contained in the Report of the Sub-Committee on the 1937 appropriation bill (Report No. 2286, 74th Congress, 2d Session, House of Representatives). The statement in question reads as follows:

… The printing of the treaty volumes and additions to the series of volumes on foreign relations of the United States is approved. The committee does feel, however, that the value of the Foreign Relations volumes would be considerably enhanced if the material contained in the different volumes could be released for publication by the governments concerned a shorter time after the events transpire. At present some 15 years must elapse before the foreign governments will consent to the publication of material contained in these Foreign Relations volumes. The committee is hopeful that the Department will continue its efforts to convince foreign governments of the value of narrowing the gap between the event and its authorized publication.

It will also be noted that there were included as part of the hearings on the 1937 and 1938 appropriation bills the 1935 and the 1936 reports of the Committee on Publications of the Department of State of the American Society of International Law. It may be added that the latest or 1937 report of this Committee was included and made a part of the hearings on the 1939 Department of State appropriation bill. As these latter hearings have not yet been published⁵ a copy of the 1937 report of the Publications Committee mentioned is enclosed.⁶ It will be observed that the three reports discuss at length the so-called “fifteen-year gap”, the discussion in the 1937 report being of a somewhat critical nature.

You are requested to ascertain the views of the British Government with respect to the possibility of issuing Foreign Relations volumes which will include documents of a date closer to current events than the fifteen-year period mentioned. In ascertaining these views you may do so either by a note addressed to the British Foreign Office or by bringing the matter to the attention of the appropriate British officials in such a manner as you deem advisable. In communicating with the British officials you will, in your discretion, make such use of the material referred to above as you believe appropriate. In this regard you will please inform the British officials that the views expressed in the reports and resolutions of the historical and international law societies and in the communications, statements and articles mentioned represent the opinion of that section of the American public which is very much interested in the foreign policy of the United States and in having documentary material pertaining to this policy published as soon and as completely as possible. In mentioning the reports the attention of the British officials should be especially invited to the statement regarding the fifteen-year delay in issuing the volumes in Report No. 2286, 74th Congress, 2d Session, House of Representatives.

With respect to ascertaining the views of the British Government regarding the possibility of narrowing the “fifteen-year gap”, the Department realizes that the British Government may not wish at this time to be committed to a definite publication policy in the future as regards the particular issue involved. If the Embassy can obtain, however, an expression of the views of the British officials on the subject which will give the Department a clear indication of the present attitude of the Foreign Office, it will be of great assistance to the Department in determining the policy to be followed in preparing forthcoming numbers of the Foreign Relations volumes.

The Embassy is requested to communicate with the British Foreign Office as soon as possible. An early and complete report from the Embassy will be appreciated.

Very truly yours,

For the Secretary of State:

G. S. Messersmith

1. The same, mutatis mutandis, to the American Embassies in France (No. 689) and Italy (No. 262), February 15; the Soviet Union (No. 322), February 17; Argentina (No. 702), February 19; Peru (No. 81), Brazil (No. 92), Chile (No. 326), Mexico (No. 1930), February 23; Germany (No. 911), February 24.
2. Status of the Foreign Relations and the Miller Treaty Volumes (Washington, Government Printing Office, 1936).
3. None printed.
4. Foreign Relations Volumes and Other Department of State Publications (Washington, Government Printing Office, 1937).
5. Department of State, International Law Digest and Other State Department Publications (Washington, Government Printing Office, 1938).
6. Not printed.