710.Consultation(2)/374

The Ambassador in Cuba (Messersmith) to the Secretary of State

No. 574

Sir: I have the honor to refer to my strictly confidential despatch 564 of July 15, 1940, with which I transmitted to the Department a strictly confidential memorandum and a draft resolution from the Secretary of State of Cuba, which represents the comment the Department invited from the Cuban Government in its circular telegram of July 11, 5 p.m., with respect to the status of possessions in the Western Hemisphere of non-American States. It was impossible at the time I transmitted these communications from the Secretary of State of Cuba to make any comment in the despatch under reference.

I now have to transmit herewith as, I believe, of interest to the Department the memorandum commenting on the proposals and observations of Dr. Campa, which has been prepared by the First Secretary of the Embassy, Mr. Beaulac. I am in accord with the views expressed by Mr. Beaulac in his memorandum and agree that Dr. Campa’s proposals diverge widely from our draft resolution and convention.

Respectfully yours,

George S. Messersmith
[Enclosure]

Memorandum by the First Secretary of Embassy in Cuba (Beaulac) to the Ambassador in Cuba (Messersmith)

Mr. Ambassador: Dr. Campa suggests, in addition to the Convention and Resolution proposed by the Department, a Declaration—the advantage of which, according to his memorandum, “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 [Page 232] effective even though the first of those instruments may not have been ratified by all the countries of America.”

… the purpose of the Resolution is to cover situations which “may develop prior to the coming into force of the said Convention necessitating action on the part of the American Republics to protect their peace and sovereignty.” A Resolution, of course, does not require ratification, and, from that point of view, would be just as immediately effective as Dr. Campa’s Declaration would be; in fact, as already stated, it is proposed that the Resolution be placed in immediate effect, regardless of whether the various countries have ratified the Convention.

Furthermore, Dr. Campa’s Declaration goes much farther than does the Resolution. The latter provides “that should it become necessary to establish a collective trusteeship …”, a committee shall be designated to have certain powers and to act in a certain manner.

Dr. Campa’s Declaration, on the other hand, provides that:

“The Republics of America declare, first, that the American islands or territory which are in danger of being subject to transactions or changes of sovereignty shall be occupied provisionally by the American nations under the following conditions. …”

It is obvious, of course, that the French possessions in this area, for example, are “in danger” of being subject to transactions or changes of sovereignty, whether or not such transactions actually occur. My interpretation of Dr. Campa’s Declaration would be, therefore, that provisional occupation of such territory by the American nations would at once become mandatory.

The second proposal in Dr. Campa’s Declaration is likewise radical. He proposes that such islands or territory, at the end of the period of such occupation, have “the inalienable right to dispose freely of their own destiny” by becoming independent States or attaching themselves to other regions with which they are associated in customs, interests, and population.”

The proposed Convention, on the other hand, provides that

“the American Republics declare their intention either to restore the territory or territories in question to their original sovereign, whenever the security of the Americas renders such transmission of sovereignty possible, or to recognize their independence if it shall appear that they are capable of undertaking this task of self-government.”

In other words, Dr. Campa’s Declaration contemplates (1) independence of the territories or (2) attachment “to other regions with which they are associated in customs, interests and population.” Such other regions might include Latin American countries, for example, or they might include a non-American State.

[Page 233]

Dr. Campa also provides in his Declaration for a joint mandate of the American countries over those regions not capable of self-government. The proposed Convention does not contemplate the possibility of such a permanent arrangement. In fact, as stated above, it proposes only (1) return of the territories to their original sovereigns or (2) independence.

Dr. Campa’s Declaration also contains a provision which would safeguard American claims to territories now occupied by non-American countries. This, assumedly, would take care of Guatemala’s claim over British Honduras and Argentina’s claim affecting the Falkland Islands.

The additions suggested by Dr. Campa to the proposed Convention and Resolution are merely to introduce the appropriate references to Dr. Campa’s proposed Declaration.

It should be evident, from the foregoing, that the effect of Dr. Campa’s Declaration would be not to provide an instrument which can be placed in effect immediately pending ratification of the Convention, since this is already taken care of by the proposed Resolution, but rather to introduce fundamental changes into the plan embodied in the draft Convention and Resolution submitted by us.

Dr. Campa’s proposed Declaration appears to be a rewording of his proposed “Declaration of Ciudad Trujillo,” which failed of approval at the Second Meeting of the Caribbean.

W[illard] L. B[eaulac]
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  1. A notation in ink below the signature reads, “I agree G[eorge] S. M[essersmith]”.