710.Consultation(2)/312: Telegram

The Chargé in Mexico (Boal) to the Secretary of State

267. Department’s circular July 11, 5 p.m. This morning General Hay told me that he had discussed the draft convention and resolution with Licenciado Suarez who will head the Mexican delegation to Habana; that their views were in harmony but that there was one feature of the convention which he mentioned to Suarez and would now mention to me and to ask me to forward to the Department for its consideration: Article 3 of the convention provides for three commissioners representing the trusteeship of the committee provided for in article 2.

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General Hay believes that a change in article 6 would be desirable to provide that any deficit be borne in the first instance by the ratifying governments represented on the committee under the pro rata system and that one of the nations nominating the three commissioners should only be liable for deficit expenses if there were specific action by the majority of the Committee to fix such liability upon them. Presumably such liability would only be fixed if the actions of one or more of the commissioners were such as to make the country which nominated them properly responsible for the deficit.

General Hay explained that in his views of the [matter] the three commissioners, although suggested by three particular countries, should in effect be representatives of the committee, that is to say of all of the Latin-American countries not just of three. His Government, he felt, could not agree to any system which would imply that the actions of Mexico as a nation could be questioned by the other Latin-American nations in connection with financial and administrative authority outlined in article 4. He felt the commissioners after nomination by their governments should be held responsible on all matters to all of the Pan-American governments as commissioners for all the governments for whom they would act.

General Hay mentioned the possibility of Belch [sic] as an example of what he had in mind. If the commissioners were nominated by Mexico, Cuba and the United States, for instance, could all 21 governments, assuming that all ratified the convention, hold any of these three governments primarily responsible for the defiance which would certainly occur in Berlin under present conditions. Could any government properly be placed in the position of having to justify its trusteeship or the cost.

General Hay seemed to feel that there might be in such a situation a reflection on the integrity and ability of a nation rather than more properly as he thought, on that of individual commissioners.

I told the General that I would transmit his views to the Department.

If the Department sends me back comment on them it may be desirable for me to discuss the matter not only with General Hay but also with Licenciado Suarez.

Boal