702.0011B/3
The Secretary of State to the
Secretary of War (Woodring)
Washington, May 12, 1937.
My Dear Mr. Secretary: Referring to the penultimate
paragraph of my letter of January 13, 1937, in regard to certain questions
affecting relations between foreign consuls in the Philippine Islands
[Page 983]
and the Commonwealth Government of
the Philippines, I am enclosing the draft of a memorandum on this subject
which this Department proposes to send to the diplomatic missions in
Washington of those governments maintaining consular representatives in the
Philippines.
Although it is difficult to devise and establish comprehensive rules to
govern the relationship between foreign consular officers in the Philippines
on the one hand and officials of the United States Government and the
Commonwealth Government on the other hand, it is believed that the procedure
outlined in the attached memorandum should be of help in this regard.
Matters not covered therein can be taken care of as they arise in the light
of attendant circumstances.
This Department is prepared to permit foreign consular officers to take up
directly with the local authorities in the Philippine Islands matters of a
non-political nature relating to the protection of the rights and interests
of their nationals. It was prompted to authorize this direct approach to the
local authorities because of the difficulties experienced by American
officials stationed in dominions and possessions of countries which attempt
to deny consular officers the right of communication with local officials.
Moreover, some of the treaties between the United States and foreign
countries concede the right of foreign consular officers to approach the
local authorities. The memorandum does provide, however, that subjects of a
political character and questions relating to exequaturs and changes in
career personnel, visits of foreign war vessels and airplanes, and other
formal matters shall be dealt with as usual through diplomatic channels.
Before circularizing the proposed memorandum, this Department desires to have
the comments of the War Department.
Sincerely yours,
[Enclosure]
Draft Memorandum From the Department of State to
Those Diplomatic Missions in Washington Whose Governments Maintain
Consular Representatives in the Philippine Islands
Relationship of Foreign Consular
Officials in the Philippines With the United States High
Commissioner and Officials of the Commonwealth Government
The present government in the Philippine Islands, legally designated as
the Government of the Commonwealth of the Philippine Islands, was
established pursuant to the provisions of the Philippine Independence
Act (Public No. 127, 73d Congress [H. R. 8573]1).2
[Page 984]
The Independence Act provides that, on the 4th day of July immediately
following the expiration of a period of ten years from the date of the
inauguration of the Commonwealth Government (that is, on July 4, 1946),
the President of the United States shall by proclamation withdraw all
rights of sovereignty over the Islands then exercised by the United
States (Section 10 (a)). Although the Act grants
to the Commonwealth Government a large measure of autonomy, the
sovereignty of the United States is retained until relinquished by the
President’s proclamation. Pending the relinquishment of sovereignty,
certain definite limitations have been placed on the functions and
authority of the Commonwealth Government. In this connection, it is
pertinent to the purpose of this memorandum to refer to the clause in
the Act which stipulates that foreign affairs are under the direct
supervision and control of the United States (Section 2 (a) (10)).
The United States High Commissioner to the Philippine Islands is the
representative of the President of the United States (Section 7 (4)).
The position of the President of the Commonwealth is somewhat analogous
to that of the governor of a state of the United States. He ranks with
but after the High Commissioner.
The United States maintains a consular officer in Manila. His duties in
the Islands are, however, restricted to the performance of notarial acts
and other services in connection with the administration of the United
States immigration laws (Section 8 (a) (3)).
Foreign consular officials stationed in the Philippines may appropriately
address and appeal to the local authorities, throughout the extent of
their consular districts, for the purpose of protecting the rights and
interests of their nationals. Should the local authorities fail to give
satisfaction, appeal may be made directly to the High Commissioner. It
is desirable, however, that written communications addressed to the
local authorities be prepared in duplicate and a copy forwarded to the
office of the High Commissioner. Subjects of a political character, and
questions relating to exequaturs and changes in career personnel, visits
of foreign war vessels and airplanes, and other formal matters should,
of course, be dealt with as usual through diplomatic channels.
Identic memoranda are being forwarded to those diplomatic missions in
Washington whose governments maintain consular representatives in the
Philippines.
