Foreign Relations of the United States Diplomatic Papers, 1940, The American Republics, Volume V

710.Consultation(2)/449: Telegram

The American Delegate (Hull) to the Acting Secretary of State

Habana, July 26, 1940—9 p.m.
[Received July 27—3:53 a.m.]

15. The Argentine delegation has circulated to a very few delegations a draft declaration which reads in translation as follows:

“The Governments of the American Republics represented at the Second Meeting of the Ministers of Foreign Affairs of the American Republics,

considering:

(a) that immediately after the outbreak of the present war, the Republics of America, at the First Meeting of the Ministers of Foreign Affairs at Panama, recognized as a common and primary purpose the maintenance of peace and the preservation of the security of the American continent and to this effect they expressed their unshakable decision to maintain it, assure it, and strengthen it by all adequate spiritual and material means within the democratic spirit upon which their institutions are based (joint declaration of continental solidarity) and reaffirmed their status as neutrals and their unanimous intention to remain aloof from the European conflict (resolution 5)

(b) that the sentiment which pointed out this duty and determined this purpose was so strong and dominant that the ‘Declaration of Panama’ stated that as a measure of continental self-protection ‘the American Republics, so long as they maintain their neutrality, are as of [inherent right] entitled to have those waters adjacent to the American continent, which they regard as of primary concern and direct utility in their relations, tree from the commission of any hostile act by any non-American belligerent nation, whether such hostile act be attempted or made from land, sea or air’

(c) that as a corollary to this categorical statement of purposes the Declaration of Panama defined the zone free from any hostile act and within the limits of the zone there were included possessions of European countries in America, a necessary explanatory statement having been made with respect to some territories illegally and precariously held which could not be considered as colonies or possessions because they formed an integral part of American states

(d) that the disregard of the principles of international law by belligerents in the conduct of warfare and of the evident rights of the nations of this hemisphere to preserve their peace and maintain their neutrality has already given rise to serious incidents which as yet have not been settled, and that it is clear that the existence of European colonies and possessions in America may give rise to other incidents which by their nature and magnitude may compromise the peace and security of the American continent

(e) that this possible danger was pointed out in the resolution adopted at Panama when reference was made to the possibility that some of the geographic regions of America subject to the jurisdiction of any non-American state might change sovereignty and thus threaten the security of the continent

(f) that in view of the foregoing it is necessary to recognize the need for finding, within practical juridical formulas and the democratic sentiments of America, the solution to be given to the problem of colonies should a change in sovereignty be imposed by conquest or by force, even though cloaked by clauses imposed in a treaty

(g) that the solution which appears to be most in harmony with the democratic tradition of America, and having the greatest legal basis, is that the colonies or possessions following the evolution and development of other peoples which today constitute the American Republics be organized into independent states and allowed to decide their own destiny by self-determination and not by force or by the application of the so-called right of conquest. One of these possessions, Jamaica, known for its culture and population, has already notified us that it wishes to be consulted.

Therefore, this meeting of Foreign Ministers,

declares

(1) the Republics of America, reaffirming their respect for law, the democratic spirit which has inspired their institution, and the bonds of solidarity created by these sentiments, express as a common aspiration that within the territorial extent of America the free will of peoples shall determine and fix their definite destiny

(2) that they condemn and repudiate conquests, force and violence in any form as giving rise to rights or to the determination of changes of sovereignty in this hemisphere

(3) that in view of the impossibility, because of their respective sovereignties, to make a prior delegation of powers with regard to events, the seriousness and magnitude of which could only be appreciated at the time they occur, they consider the procedure of consultation and its rapid application through diplomatic channels as an imperative need to determine the urgent measures which may be required in order to safeguard peace or defend the continent.

Habana, July 25, 1940.[”]

Hull