811.20 Defense (M) Portugal/141: Telegram
The Minister in Portugal (Fish) to the Secretary of State
[Received August 15—12:35 a.m.]
1046. Legation’s 1040, August 13, 6 p.m.
- 1.
- Shortly after letter quoted in my telegram under reference was delivered to Colonel Fernandes, he sent for American and British delegates and attempted to have it withdrawn. He stressed particularly that Dr. Salazar’s7 patience was wearing thin over prolongation of wolfram negotiations.
- 2.
- They explained they were not at liberty to withdraw that communication because it dealt with a point of substance.
- 3.
- This afternoon Colonel Fernandes again sent for them and handed
them identic letters reading as follows:
“I have shown the letter signed by you and by Mr. Nicholls8 to the Minister of Foreign Affairs who instructed me to confirm to you what I had already said to you, that is, that the wolf ram negotiations had been concluded by the acceptance of a definite text. In these circumstances my Government cannot accept any supplementary documents whatever for the clarification or interpretation of the terms of the agreement.
If you or your Government considers that the agreement is not satisfactory and cannot or should not sign it I request of you the favor of so stating without delay because my Government wishes in turn to be free from the obligations contained therein.
Under this date a similar letter is being sent to Mr. Nicholls.”
- 4.
- Colonel Fernandes pointed out that whereas Portuguese Government did not wish to indulge in any “threats” he had to make clear that if the agreement was not signed the 500 tons of British produced wolfram now held in the Metals Commission pending the issuance of export licenses would have to be taken over and transfered to the Germans since Portugal had no use for this product. He realized that the result of not signing would be unpleasant for both sides because the United States and Great Britain “should undoubtedly have to take their measures too”. He added that in such an event there would also have to be public explanations.
- 5.
- He further pointed out that if the present arrangement was not put into force and new negotiations ensued they would have to be started again from the beginning and would not terminate in as favorable an arrangement as the present one to Great Britain and the United States.
- 6.
- I would point out that whatever caused Dr. Salazar to make difficulties on this point, be it emotional or considered, the reason given, namely that agreement was accepted and therefore could not be changed, is inadequate. It was in any case a misapprehension and Millard9 and Nicholls so informed Colonel Fernandes. They also said it should have been obvious that neither delegation was empowered to accept agreement without prior reference to heads of their missions or their Governments. Moreover, even if they had had full powers, the agreement did not become binding until the notes had been signed and exchanged. Up to that moment text could be modified by mutual consent and it was unreasonable of Portuguese Government to withhold its consent if, as we wished to believe, it was merely a question of improving the drafting.