710.Consultation(2)/332
The Ambassador in Cuba (Messersmith) to the Secretary of
State
No. 564
Habana, July 15, 1940.
[Received July
16.]
Sir: I have the honor to inform the Department
that immediately on the receipt of its circular rush telegram of July
11, 5 p.m., I called on the Secretary of State, Dr. Campa, and delivered
to him the draft convention and draft resolution submitted with the
Department’s telegram, and conveyed orally the observations in the first
paragraphs of the Department’s telegram under reference.
The Secretary of State said that he would give this matter his very
careful consideration immediately and then, after consultation with the
President, give me a reply.
I received this morning a strictly confidential memorandum from the
Secretary of State, together with a confidential draft resolution which
I am transmitting herewith. As this is a holiday and only a very
restricted skeleton staff available in the Embassy, I have not been able
to make a translation of the memorandum, but am submitting it only in
Spanish.
I am transmitting these by the air mail this noon today in order that
they may reach the Department at the earliest possible moment. The time
does not permit me to make any observations or comment.
Respectfully yours,
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[Enclosure—Translation]
The Cuban Secretary of State (Campa) to the American Ambassador (Messersmith)
The Secretary of State of the Republic of Cuba received the two
strictly confidential documents which the Ambassador of the United
States was good enough to hand him personally day before
yesterday.
Although the Cuban Government agrees, in principle, with these two
documents, it feels nevertheless that, in view of the gravity of the
situation which is being faced, the public interest centered on this
problem and the very urgency involved in the proposed action make it
advisable that the said action be given the most solemn and legal
form possible.
In effect, Resolution XVI of the Consultative Meeting of Panama is an
expression timidly drawn up and should be completed by a declaration
of principle which, in reasoned form, would form the basis for the
conventional form which the Government of Cuba also agrees should be
given to this problem, as the only effective means of achieving the
purpose suggested.
The advantage offered by the declaration is that a document of this
character is in itself the total expression of American thought and
permits the convention and the resolution to become effective even
though the first of those instruments may not have been ratified by
all the countries of America.
This is obvious when we recall the difficulties which are nearly
always in the way of ratification of treaties because of natural
constitutional delays, and if a delay of that character should
deprive the convention of moral force, the declaration, by affirming
the spirit of America in this sense, would facilitate the immediate
application of the end in mind without reserves of any kind.
Therefore we believe that, in order to make it more formal and
efficacious, American collective action should comprise three
points: first: a declaration of principle in an identical or a
similar form to that of document Number One which is enclosed in
draft form, confidentially, with this memorandum; second: the draft
convention prepared by the United States, following from the
foregoing declaration, to which the Cuban Government suggests adding
the words contained in enclosure two; third: the draft resolution of
the Government of the United States with which the Cuban Government
is in agreement with the addition of the phrase contained in
enclosure three.
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Declaration of the American
Republics
The destiny of the European colonies in America is the subject of
deep concern for all the governments of this Hemisphere.
The essence and pattern of the democratic institutions of America
demand the adoption of certain measures for the maintenance of peace
and the existence of its traditional institutions; and though till
now this peace and these institutions seemed unmenaced, yet any
change arising from the European war could fundamentally affect
them, by introducing into America’s geographical precinct, the right
of conquest now solemnly prescribed in its international
relations.
The solidarity of our peoples, agreed upon in the Lima and Panama
meetings, which interpret the purpose of collective aid, counsels
the taking of immediate and energetic precautionary resolutions as
an indispensable basis for a vigilant defensive policy, and with the
object that the progressive and peaceful mission of the Continental
States will not be upset by the hidden danger of this solidarity
being obstructed by other regimes or systems in disagreement with
the juridical concept which constitutes the foundation of our
national political organizations.
The XVI Resolution adopted at Panamá, which considered a motive for
consultation of the Ministers of Foreign Affairs any change in
sovereignty of the European colonies in the New World, implicitly
admitted the seriousness and transcendency of such event.
On the other hand, the quick step of military operation in the old
Continent during the past weeks, and the international changes
coming in their wake, make this an imminent peril for America, thus
forcing her to eliminate every menacing possibility threatening the
territory or islands likely to become strategic points in the
aggression or penetration of our Hemisphere.
For such reason, the American Republics declare:
- First:—That American islands or territories liable to the
risk of becoming the subject-matter of transaction or
changes of sovereignty, may be provisionally occupied by the
American nations under the following exceptions:
- a)
- That immediately as the circumstances prompting
such occupation cease, every region so occupied has
an inalienable right of free determination,
constituting itself in an independent state, or be
united to other regions which have similar habits,
interests and population.
- b)
- That such territories, which on account of their
political and economical conditions, were unable to
establish a national autonomous
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Government, will be
temporarily placed under a regime of mandate,
operative in the collective manner agreed upon by
the American nations.
- c)
- That the American Republics will come to an
agreement during this meeting upon the conventional
and adequate means for the operation of this
mandate, as well as the urgent measures to be
adopted for the execution of this
declaration.
- Second:—The rights traditionally alleged by the American
nations regarding the Continental regions or islands at
present occupied by non-American powers, shall be reserved
to the American nations concerned.
Havana, July . ., 1940.
To add to the Draft Convention as an introduction to paragraph six
which begins “Desiring etc.”
“With the purpose of making effective the Declaration drawn up by
the Foreign Ministers in this Second Meeting and desiring etc,
etc.
Proposed Addition to the Proposed
Resolution
Whereas: this Second Consultative Meeting
of the Ministers for Foreign Affairs of the American Republics has
defined in a solemn Declaration the dangers which threaten this
Hemisphere in the political situation of the American regions
belonging to European countries. (This will be the first
whereas.)
