711.35/7–2646
The Ambassador in Argentina (Messersmith) to the Secretary of State
No. 438
Sir: I have the honor to acknowledge receipt of the Department’s telegram No. 898 of July 2, 1946, 6:00 P.M. in which it makes a statement of the Department’s thinking on the question of Argentine performance and compliance and requests my comment with regard to the statement. This telegram arrived in the Embassy on July 3 and it was my intention to make an immediate reply thereto but I was obliged, on July 5, to remain in the Embassy residence under the care of my physicians as I was taken with a stomach ailment which made it necessary for me to remain in bed for several weeks and to abstain, under instructions of the doctors, from any but the most essential [Page 286] duties. I am very pleased to be able to state that I am now much better, and although I am still working from the Embassy residence, I hope to be able to return to the Chancery next week.
I think that I should frankly state that during all of my long service with the Department I have not received a communication from the Department which has caused me in certain respects more concern. I am not able to determine why this telegram was sent and there are certain phases of the telegram which I am not able to understand.
In the first place I should frankly state that it would appear from this telegram that I was not familiar with the Department’s views and attitudes. When I accepted this mission at the request of the President and Secretary Byrnes, I did so only because I felt it was a matter of duty to accept the mission. I accepted it because of my understanding of the world situation and of our American problem and of the importance of the Argentine situation in connection therewith. Before leaving for this post I had the opportunity for conversations with the President and with Secretary Byrnes and with Under Secretary Acheson and Assistant Secretary Braden with regard to my mission and with regard to our policy. There was, I believe, complete understanding with respect to the task with which I was entrusted.
I will now briefly comment on various aspects of the Department’s telegram under reference.
The Department states at the outset of the telegram that the views of the Argentine with respect to compliance with international commitments as expressed by President Perón, General von der Becke, and others are obviously premised on the idea that the commitments of the Argentine are fully satisfied when the executive branch of the Argentine Government places various matters involving compliance before the legislative or judicial branches of the Government for implementation. The Department states that such a position is unacceptable, and I am in thorough agreement that such a position would be unacceptable if it exists.
I am, however, unable to determine on what the Department bases the statement that Argentine views with reference to compliance are premised on such a proposition. I do not know of any statement made by President Perón since my arrival in Buenos Aires on May 22, 1946 which would in any way indicate that President Perón believes that Argentine compliance with its commitments is met when various matters with respect thereto are placed before the legislative or judicial branches of the Government for implementation. There is nothing which President Perón has said in official addresses, in statements to the press, or in private statements to me which would indicate any such attitude or position by him.82 On the other hand, the President [Page 287] has indicated to me in the clearest manner that he is thoroughly understanding of the fact that in the matter of enemy property, enemy subjects, and enemy institutions and schools the Argentine must meet the obligations which it undertook in adherence to the Agreements of Mexico City and of San Francisco.
So far as General von der Becke is concerned, the Department is aware from the despatches and reports of this Embassy and from statements of the President of the Argentine that General von der Becke did not proceed to the United States with an official mission from the President or the Ministry of Foreign Relations. He went at the request of the Minister of War. He had no authority to speak for the Argentine Government. As this matter has been so fully covered in despatches and letters from this Embassy and as the nature of the mission of General von der Becke, its origins and all attendant circumstances, are so well known to the Department, it does not seem necessary to go into this matter further here. I am, however, unable to determine why, under these circumstances, the Department should refer to statements made by General von der Becke with respect to compliance for it is so obvious, and must have been obvious when this telegram was sent this Embassy, that General von der Becke was not speaking with any authority.
The Department’s telegram in referring to these statements with respect to compliance refers not only to statements by President Perón and General von der Becke, but also to “others.” I do not know what persons may be included within the term “others”, but so far as this Embassy is aware, we are not in possession of any information that any responsible officer of the Argentine Government has made statements such as those to which reference is made in the first part of the Department’s telegram under reference.
With reference to the observations made by the Department in the telegram under reference concerning the constitutional limitations on the power of the executive branch, but the nevertheless implied obligations of the Executive, I am unable to determine why this reference is made in this telegram unless it be based on the fact that President Perón informed the Congress that the Acts of Mexico City and San Francisco and other international pacts and agreements entered into by the provisional government would be submitted to the Congress for their judgment and ratification. It is not for me to enter here into an interpretation of the Argentine Constitution. It is a known fact that the Government which gave its adherence to the Acts of Mexico City and San Francisco was a provisional government. Elections were held and a President and a Congress were elected early this year. When the Congress met, the newly elected President informed the Congress in an address made just before his taking the oath, that the [Page 288] Government of which he was about to become the head was a constitutional government representing the will of the Argentine people as expressed in a free election. He stated that consequently all the decrees and laws, as well as all international understandings and agreements entered into during the period of the provisional government, would be submitted to the Congress for their discussion and action. The President stated that this was a necessary procedure under the constitutional practice of the Argentine. Later when he addressed the Congress after having taken the oath of office as President, he set forth the legislative program of his administration and stated that all these international agreements and understandings would be submitted to them for approval.
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The Minister of Foreign Affairs, Dr. Bramuglia, came to see me this morning and spent several hours with me. He brought with him complete documentation with regard to enemy property, enemy aliens, and enemy schools and institutions. He informed me of the decisions which have been taken by the Government. With respect to enemy property, the Government has decided to proceed with the nationalization, Argentinization, or liquidation of German property having an estimated value of well over 200,000,000 pesos. The firms in which he indicated they would take definite and prompt action covered, so far as I could see during our conversation, all of the important enemy firms. He expressed willingness to discuss certain other firms not included in the present program if we had information which we believed showed that action should be taken. With respect to enemy aliens, he indicated a program which the Government was going to take to facilitate the action of the courts and carry through deportations, denaturalization, etc. which was much more adequate than anything I thought we would be able to get. With respect to enemy institutions and schools, I informed him that I had already informed my Government that in this particular field I believed that the Argentine Government had taken adequate action, but we agreed to continue to maintain liaison and exchange of information with respect to such schools and institutions in accord with the agreements of Mexico City.
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I do not wish in this despatch to go into my actuation since I assumed charge of this mission on May 22. I can only say that I have been in constant touch with the President and with the highest officials of the Argentine Government since my arrival. I have had many formal and informal conversations with them in which every phase of these problems has been explored and discussed in a spirit of complete frankness [Page 289] and directness. I would not be reporting accurately if I did not state that I have found a desire of the Argentine Government to carry through its obligations and to incorporate itself more fully into the American picture, and also to normalize its relations with the United States.
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I shall keep the Department fully informed of developments.
Respectfully yours,