740.0011 European War 1939/1686
The Panamanian Ambassador (Boyd) to
the Secretary of State
[Translation]
No. D–65
Washington, February 16,
1940.
Mr. Secretary: I have the honor to transmit to
Your Excellency herewith a copy of the note, with a translation thereof
into Spanish, addressed to the Panamanian Chancellery by the Chargé
d’Affaires of Germany in Panama, by means of which he replies in the
name of his Government to the protest which the American Republics,
through His Excellency the President of the Republic of Panama,
addressed on December 23, 1939, to the countries which violated the
Security Zone established in the Declaration of Panama, of October 3,
1939.
I avail myself [etc.]
[Enclosure—Translation]
The German Chargé in Panama (Von Winter) to the Panamanian Minister for Foreign
Affairs (Garay)
[Panama, February 14, 1940.]
Mr. Minister: The late President of Panama
communicated to the Chancellor of the German Reich, by a cablegram
of October 4, 1939, on behalf of the American Republics, the text of
the so-called Declaration of Panama, which sought to protect the
neutral American Republics against menace to their vital interests
by the effects of the state of war existing at present. For that
purpose, the establishment of a security zone is contemplated in the
Declaration and of such a nature that no military operations may be
carried on by belligerents in the waters adjacent to the American
continent, to a fixed [Page 697]
distance. The Governments of the American Republics agree that they
will endeavor to secure from the belligerents the recognition of
such a security zone. In another telegram of the Acting President of
the Republic of Panama, certain cases are mentioned, which, in the
opinion of the American Governments, have been likely to endanger
the efforts for the security of the American continents. In
addition, it was stated in this telegram that the American
Governments protested to the belligerent powers against these
occurrences and that they had entered into consultation for the
purpose of strengthening the system of common protection. The
Chancellor of the German Reich acknowledged the receipt of these two
telegrams by telegrams of October 23rd and December 29th, 1939, and
added that he had instructed the German Government to consider the
matter. As the result of this consideration, I have the honor to
communicate the following to Your Excellency, with the request that
it be transmitted to the other American Governments:
- (1)
- The German Government welcomes the intention of the
American Republics, expressed in the Declaration of Panama,
to maintain strict neutrality during the present conflict,
and fully understands that they wish, as far as possible, to
take precautionary action against the effects of the present
war on their countries and peoples.
- (2)
- The German Government believes itself to be in agreement
with the American Governments that the regulations contained
in the Declaration of Panama would mean a change in existing
international law and infers from the telegram of October
4th last year that it is desired to settle this question in
harmony with the belligerents. The German Government does
not* take the stand that the hitherto
recognized rules of international law were bound to be
regarded as a rigid and forever immutable order. It is
rather of the opinion that these rules are capable of and
require adaptation to progressive development and newly
arising conditions. In this spirit, it is also ready to take
up the consideration of the proposal of the neutral American
Governments. However, it must point out that for the German
naval vessels which have been in the proposed security zone
so far, only the rules of law now in effect could, of
course, be effective. The German naval vessels have held
most strictly to these rules of law during their operations.
Therefore in so far as the protest submitted by the American
Governments is directed against the action of German
warships, it cannot be recognized by the German Government
as well grounded. It has already expressed to the Government
of Uruguay its divergent interpretation or the law also in
the special case mentioned in the telegram of the Acting
President of the Republic of Panama of December 24th.
Besides, the German Government cannot recognize the right of
the Governments of the American Republics to decide
unilaterally upon measures in a manner deviating from the
rules hitherto in effect, such as are to be taken under
consideration by the [Page 698] American Governments against the ships of the belligerent
countries which have committed acts of war within the waters
of the projected security zone, according to the telegram of
December 24th of last year.
- (3)
- Upon considering the questions connected with the plan for
the establishment of the security zone, there arises first
of all one important point which causes the situation of
Germany and the other belligerent powers to appear disparate
with respect to this: that is, while Germany has never
pursued territorial aims on the American continent, Great
Britain and France have, however, during the course of the
last few centuries, established important possessions and
bases on this continent and the islands offshore, the
practical importance of which also with respect to the
questions under consideration here does not require any
further explanation. By these exceptions to the Monroe
Doctrine in favor of Great Britain and France the effect of
the security zone desired by the neutral American
Governments is fundamentally and decisively impaired to
start with. The inequality in the situation of Germany and
her adversaries that is produced hereby might perhaps be
eliminated to a certain extent if Great Britain and France
would pledge themselves, under the guaranty of the American
States, not to make the possessions and islands mentioned
the starting points or bases for military operations; even
if that should come about, the fact would still remain that
one belligerent state, Canada, not only directly adjoins the
zone mentioned in the west and the east, but that portions
of Canadian territory are actually surrounded by the
zone.
- (4)
- Despite the circumstances set forth above, the German
Government, on its side, would be entirely ready to enter
into a further exchange of ideas with the Governments of the
American Republics regarding the putting into effect of the
Declaration of Panama. However, the German Government must
assume from the reply of the British and French Governments,
recently published by press and radio, that those
twogovernments are not willing to take up seriously the idea
of the security zone. The mere fact of the setting up of
demands according to which entrance into the zone mentioned
is not to be permitted to German warships, while the
warships of the adversaries are officially to retain the
right to enter the zone without restriction, shows such a
lack of respect for the most elementary ideas of
international law and imputes to the governments of the
American States such a flagrant violation of neutrality that
the German Government can see therein only the desire of the
British and French Governments to do away with the basic
idea of the security zone, first of all.
- (5)
- Although the German Government is entirely ready to enter
into the proposals and suggestions of the American States in
this field, the German Government can feel certain of a
success of the continuation of the plan of the security zone
only when the British and French position that has been made
known is fundamentally revised.
I avail myself [etc.]
