711.5221/15
The Acting Secretary of State to the Spanish Ambassador ( Riaño )
Excellency: I have the honor to acknowledge the receipt of your Excellency’s note of April 21, 1919, in which you refer to the communication addressed by the American Ambassador at Madrid on April 11, 1919, to the Minister of Foreign Affairs of the Spanish Government setting forth certain conditions on which this Government will withdraw its notice of termination of the Treaty of Friendship and General Relations concluded July 3, 1902, between the United States and Spain, except as to certain provisions contained in Articles XXIII and XXIV, which are inconsistent with the Act of Congress approved March 4, 1915, generally designated as the Seamen’s Act, such inconsistent provisions in these articles to be eliminated as of July 1, 1916. Your Excellency states that the matter is being given urgent attention by the Spanish Government, but as the treaty expires on May 8 next, you have been directed by your Government to request this Government to enter into an arrangement whereby the date on which the notice of termination becomes effective will be postponed two months, so that the Spanish official departments concerned will have time to examine the proposals submitted by the Ambassador at Madrid on behalf of this Government, it being understood that Articles XXIII and XXIV of the treaty will immediately be excluded.
In reply, I have the honor to point out to your Excellency that Article XXX of this treaty provides that the treaty may be terminated after its original term, upon the expiration of twelve months following notice given at any time by either party. In case your Government’s request were granted, it would have the effect of continuing the unobjectionable parts of this treaty in force for two months. No provision appears to have been made in the treaty whereby either government is authorized to postpone the date on which the notice of termination shall take effect, and such a postponement would appear to be in conflict with the provisions of Article XXX regarding the termination of the treaty.
In this relation it may be stated that the request of the Spanish Government is therefore in effect a proposal to modify a provision of the treaty. The laws of the United States do not appear to contain any provision whereby this Department is authorized to adopt such a procedure.
Under these circumstances I regret to be obliged to inform your Excellency that I cannot accede to the request of your Government.
Accept [etc.]