21st, the Spanish Chargé d'Affaires here sought from Dr. Campa, the Cuban Undersecretary of State, an invitation for the Spanish Government to be represented at the Conference by an observer; that Dr. Campa made answer in substantially the same terms as the answer given to the League of Nations, as reported above; that the Spanish Chargé d'Affaires returned a few days later and sought from the Secretary of State the invitation which had already been refused by his subordinate. Needless to say, the Spanish Chargé received on the second occasion the same answer as on the first.

It would seem that the reply made to the Spanish Ambassador in Washington by Mr. White, as reported in the Department's strictly confidential instruction No. 1086 of October 26, 1927, was not sufficient to discourage the Spanish Government from making further efforts to obtain an invitation to be represented by an observer.

As to the report published in the New York Times, I quote below a translation of an Associated Press despatch published in the Diario de la Marina of yesterday:

"Geneva, Nov. 7. (AP). At the instance of the Cuban Government the League of Nations has decided to send to Habana a member of the secretariat as 'observer' of the progress of the sessions of the Pan American Conference which are to take place next January."

As I did not wish to take up this matter formally with the Secretary of State, Dr. Martinez Ortíz, I sought an interview with the Undersecretary, but found that he would not be at the State Department during the day. Mr. Williamson, Second Secretary of this Embassy, was, however, going to the State Department to seek information concerning other minor matters, and, at my request, he inquired casually of Sr. Carbonell, the Chief of the Pan American Bureau and in direct charge of Cuba's preparations for participation in the Pan American Conference, as to the truth of this report. Mr. Williamson was informed that there was not the slightest truth in it and that Cuba realized fully that it could extend no such invitation, even should such be its desire, without consulting all of the other nations which are members of the Pan American Conference.

I have [etc.]

C. B. CURTIS

710.F/123: Telegram

The Secretary of State to the Chargé in Cuba (Curtis)

WASHINGTON, November 10, 1927-6 p.m.

87. Your 108, November 9, 3 p. m. This afternoon's Washington Star publishes following Associated Press despatch dated Geneva, November 10:

'Not printed.

"Although the League of Nations does not intend to send an official observer to the forthcoming pan-American conference in Havana, the League secretariat probably will participate in the work of preliminary organization for the conference.

An official note issued today said that the League secretariat was sending Cristobal Rodriguez to Havana. Rodriguez is a Panaman and a member of the secretariat. It also is reported that one or more League interpreters may go to the conference.

It appears that Cuba, which is a member of the League council, first consulted Sir Eric Drummond, League secretary, concerning technical points connected with preparation for the conference, which is scheduled to open in January, because of the League's vast experience in arranging such affairs. Sir Eric appointed Senor Rodriguez to supply the requested information, and soon after Cuba asked whether Rodriguez could not be sent to Havana. To this Sir Eric agreed.

Although the League does not intend to send an official 'observer,' it is understood that Rodriguez will make a report, especially because of the fact that the League is seeking to augment its links of liaison with its Latin American members."

Please inquire immediately regarding this and report definitely regarding measures taken by Cuba with the League in connection with coming Conference. It is most important that the Department know exactly what has been done and whether any official of the League has been requested to come to Habana and if so when and for what purpose.

KELLOGG

710.F/124: Telegram

The Chargé in Cuba (Curtis) to the Secretary of State

HABANA, November 11, 1927—3 p. m. [Received 3:50 p. m.] 109. Your number 87, November 10, 6 p. m. Minister of Foreign Affairs informs me that the Secretariat of the League of Nations was consulted concerning the strictly mechanical preparations for the Conference and Rodriguez was anxious to come to Habana to assist but... Cuban Government has refused to allow him to come in any but a purely personal capacity. It has been absolutely impossible to find any competent interpreters in Cuba and the League has therefore been asked whether some of its interpreters could be obtained as individuals to serve during the period of the Conference, subject to there being no objection on the part of any other members of the Conference. He stated that no official of the League had been invited to come to Cuba in any capacity whatsoever.

237576-42- -42

CURTIS

710.F002/191a

The Secretary of State to the American Delegation'

WASHINGTON, January 5, 1928. SIRS: The International Conference of American States to which you have been designated as representatives of our country is the sixth conference of this type to be held on the Western Hemisphere, covering a period of approximately forty years. It is an established principle of our international policy that: "Among the Foreign Relations of the United States as they fall into categories, the Pan American policy takes first place in our diplomacy."

In this regard I wish to express your Government's appreciation of the importance of the occasion and its sense of the responsibility you have undertaken in accepting appointment to represent it at a gathering where there will be present delegates from all the American Republics.

Our country has occupied a unique position with regard to the nations of Latin America. Our national individuality and independence were acquired before theirs, and when they achieved independence, they turned to us for moral guidance and support. But today and for many years past, they have stood alone, free, independent, self-reliant. The United States does not desire and in no sense can it be contemplated that any of the American peoples should be in a state of tutelage. We wish the fullest possible development of the national life of the republics of America in complete accord with their own national characteristics and aptitudes. If it is possible for us to assist them in any way, through our development and our achievements in science and industry, we shall be glad to extend such assistance in the most friendly manner, but we shall not proffer it unless it is desired. The policy of the Government of the United States towards the Republics of Latin America is one of mutually beneficial cooperation, and it is of paramount importance that the spirit of this policy be manifested in your attitude and action at the Conference.

To the task of these conferences, which in the first instance was consultative and recommendatory only, has been added that of approval. The programs of the various conferences, which dealt primarily with political, commercial and social matters included subjects concerning which an element of controversy was notably absent. Only those topics were inserted about which the American States held similar opinions and where a complete accord might be looked for through a friendly and frank exchange of views. In this con

'The members of the delegation were: Charles Evans Hughes, chairman; Noble Brandon Judah; Henry P. Fletcher; Oscar W. Underwood; Dwight W. Morrow; Morgan J. O'Brien; James Brown Scott; Ray Lyman Wilbur; and Leo S. Rowe.

8

nection, and as stated in the instructions to the American delegates to the Fifth Pan American Conference: "It should be borne in mind that the function of these Pan American Conferences is to deal so far as possible with non-controversial subjects of general interest, upon which free and full discussion may be had with the purpose and probability of arriving at agreement and cooperation. International questions which cause prolonged, and even bitter and controversial debate, are not infrequently, in their important aspects, of actual interest only to a small group of nations. It is believed that in this Conference the most fruitful results will be obtained if discussion is confined to those aspects of the various topics which are of interest to all the Republics. In this connection, you will bear in mind that the present Conference has not been called to sit in judgment on the conduct of any nation, or to attempt to redress alleged wrongs.

"

It nevertheless is possible that attempts may be made to introduce for discussion subjects not incorporated in the program. For your guidance in such a contingency, there have been prepared a brief analysis of the political affairs of the several American Republics and an analysis of economic affairs, which are attached hereto as appendices Nos. 1 and 2.

As to results accomplished by the past Conferences, I am happy to state that projects have been endorsed and recommendations made on matters political, commercial and sanitary which have had a profound and far reaching influence on the course of events in this Hemisphere. Since the first International Conference of American States it is noteworthy that there has not been a declaration of war between any of the American States, although armed disturbances have occurred. The coming together of men typical of the best feeling and thought of all the republics brings about a gradual growth of mutual understanding upon which it is possible to build solid international friendships founded in justice, respect, good-will, and tolerance. It is for this that I desire you to give your studious attention not only to the particular subjects before the conference but also to the task of becoming imbued with the spirit which animates the American policy of the United States, so that the tone of your whole attitude and action shall be in harmony with that policy.

The Fifth International Conference of American States, held at Santiago, Chile, adopted a resolution naming the City of Habana as the seat of the Sixth International Conference, and provided that the Governing Board of the Pan American Union, together with the Government of the Republic of Cuba, would fix the date thereof. In conformity with this resolution the date of January 16, 1928, was fixed for the convening of the Sixth Conference, and the Governing

Instructions not printed.

Board of the Pan American Union prepared the program which was approved on April 12, 1927, and submitted to the governments of the states members of the Pan American Union which reads as follows:

PROGRAM OF THE SIXTH INTERNATIONAL CONFERENCE OF AMERICAN STATES TO ASSEMBLE AT HABANA, CUBA, JANUARY 16, 1928

ARTICLE I

PAN AMERICAN UNION

Topic 1. Organization of the Pan American Union on the basis of a convention prepared by the Governing Board of the Pan American Union in accordance with the resolution adopted by the Fifth International Conference of American States on May 1, 1923.

ARTICLE II

MATTERS OF AN INTER-AMERICAN JURIDICAL NATURE

Topic 1. Consideration of the results of the Commission of Jurists which assembled at Rio de Janeiro."

Topic 2. In view of the fact that the codification of international law has been entrusted to the Commission of Jurists which assembled at Rio de Janeiro, the commission has been recommended to give preferential attention to the study of "Methods for the pacific settlement of international disputes"; but if the commission should not have time to dispatch this part of its work, this topic will be considered included in the program and submitted to the consideration of the Sixth Conference.

Topic 3. The Commission of Jurists which assembled at Rio de Janeiro was entrusted, by resolution of the Fifth International Conference of American States, with making comparative studies tending toward uniformity in civil law, commercial law, procedure law and other branches of private law; and the Governing Board has recommended that they give preferential attention to the preparation of projects of uniform legislation on:

(a) Commercial law and other branches of legislation in which uniformity is possible and desirable;

(b) Maritime law, for the preservation of life and property on board ship; (c) Principles to which the juridical status of companies organized in a foreign State should be adjusted, with a view to securing uniform standards; (d) Legislative measures for extending to women the same civil rights as those enjoyed by adult males;

(e) Bases for determining the nationality of individuals with a view to eliminating the conflict of laws on nationality;

(f) Legislation designed to prevent the loss of nationality by a woman because of marriage;

(g) Recognition of the validity, by the authorities of the States represented at the Conference or which adhere to its conventions, of the acts and documents relating to the civil status of persons, estates, and contracts made by foreigners before the respective diplomatic and consular agents, and the preparation of a standard form for each of the aforesaid instruments; (h) Commercial arbitration;

(i) Elimination of the differences in the juridical system relative to bills of exchange and checks, by means of an international agreement or uniform legislation;

(j) Organization and regulation of the international service of checks and postal money orders; and

"See Foreign Relations, 1927, vol. 1, pp. 364 ff.