1
_    ,    B.Y.TIMES JAW 34.19^9.
xt of Shmson Letter on Embargo
¦ Fenoirinp to fjw text of So tot
[far 0/ Henry g SMnwoii, /ormai
[Secretary e/ War and later ffeere-
jfcory of 8M», recommending the
PVfft? by Ms Freridex* o/ fee «w-
burjm apotasf IJi« sate 0/ arms mid
munition* ft the Spoils* Loyalist
Government:
I TO THE EDITOR
Till NlW TMUt Trxao.
Z h»»« bean asked for my views
concerning tern present situation
in Spain and the duties of our
own government ud people
toward that situation. Tho bade
reasons which govern my views
oonalat of abnpto and longstand-
ing principles of American in-
ternational conduct. They do
not 1b tho toaat depend upon
theological considerations whloh
may or may not be Involved'
In tho conflict. On the con-
trary, they depend solely on the
Interest of our own country
toward that conflict and Its
poaalble reeulU.
First: The republican govern-
ment of Spain (commonly termed
the Loyalist Government) haa
boon recognized as the true gov-
ernment of Spain by our govern-
ment. The seme decision haa been
reached by Great Britain, France,
and a number of other countries*
Tho principles upon which our
government acta In making such
a decision have been well under-
stood suae* the beginning of bar
history. They do not depend fit
any degree upon the Internal
structure of the government rec-
ognized or tho domcstlO theories
which control Us relations to Its
citizens, whether they be Com-
munist, Fascist, monarchical or
democratic.
Spate's Own Affair
Such Ideological Internal rela-
tione are exclusively a. domestlo
matter for Spain iteelf, into which
foreign governments should not
Intrude. That Is a. fundamental
rule of International relations
Thomas Jefferson expressed It
well as long; ago as 1752:
"We certainly cannot deny to
Other nations that principle
whereon our own government la
founded, that every nation has n
right to govern itself Internally
under whatever forms It pleases
and to change these forms at its
own wQI: and externally to trans-
act business with other na-
tions through whatever organ It
chooses, whether that bo a king,
convention! assembly, committee,
president, or whatever It may
be." (Jefferson to Flnckney:
Works, Vol. HT. page 900.)
When our government several
years ago through our President
determined that the Spanish Gov-
ernment In question had control
of the administrative machinery
of the State with the general
acquiescence of its people and
was able and willing to discharge
International and conventional
obligations, that Spanish Govern-
ment became to us and all our
elt!tens the true Government of'
Spain for tho purpose of our re*
Ketlve International relations,
this dectokA wo admitted It as
a member of the family of na-
tion* which we recognized as our
friendly neighbors In the world
and vested It with all of tho con-
ventional rights and privileges
which we accord to such friendly
neighbors.
Bight to Friendly Assistance
Second: One of tho meet im-
Ctant of these rights which a
La like Spain Is entitled to ex-
pect from another government,
whkh has recognized it as a
friendly neighbor In the family of
nations, to the right of self-de-
fense against any future rebel-
lions which may challenge Its au-
thority. History shows that al-
most every 'State, Including our
I own. sooner or later In Its his-
tory has to meet with the haiard
Of domestic strife within Its bor-
' ders Including! an armed rebellion
¦gainst Its authority. In such a
case the duty which the neighbor
States owe to the member of the
family whose authority has been
challenged la perfectly well set-
tled, it is that auoh a nation has
the exclusive right to the friendly
assistance of lis neighbors by be-
ing permitted to purchase In their
markets the necessary supplies
and munitions for the purpose of !
putting down tho rebellion; and.
farther that no similar assistance
shall be given to the rebels who
have challenged Its authority.
Any such assistance to the rebels
would be deemed a most un-
friendly act even a cause of war
aramst the mother State.
Third: No nation has rone fur-
ther than the United States In
sustaining this general right of a.
nation against which dvU strife
I or rebellion has broken out. Dur-
ing our own great Civil War our
federal Government insisted that
tt alone had the right to purchase
war materials in the world at
large and made vitally needed
purchases of war . materials .
abroad.
"Bad England undertaken to
embargo arms to both the North
1 end the South, the North might
nave lost the war." Berehard.
"Neutrality for the United
States," page 337.
In the case of rebellions among
Its neighbor States, the United
States has acted upon the same
principle and haa not only given
assistance to their governments,
but has refrained Itself from giv-
ing end has prevented Its nation-
als from giving aid to the rebels.
By the Joint Resolution of 1912.
appiytv te this hemisphere and
somewhat more widely extend-
ed In 1922, our President has
been authorised to levy cmbargos
against supplying arras or muni-
tions to rebels against the author-
ity of friendly States. To men-
tion only a few eases, such em-
barges have bean levied by our
government In the ease of rebel-
lions against Cube In 1912. Mex-
ico in 1111, IMS and 1929. Nica-
ragua In 1031 and Breall la 1930.
in these and other cues we have
recognised It as our duty to assist
the government and to prevent
assistance from our markets
reaching islisls against that gov-
ernment.
Furthermore, in IBM we exe-
cuted and In 1930 ratified a gen-
eral convention promulgated by
the Sixth Pan-American Confer-
ence between the American Re-
publics and covering generally
this subject of the mutual rights
and duties or States la the event
of civil strife. This convention
provided:
"Article 1. Tho contracting
Slates bind themselves to observe
the following rules with regard to
civil strife In another one of them:
"S. To forbid the trafflojn arms
and war material, except when In-
tended for the government, while
the belligerency of the rebels has
not been recognized. In which lat-
ter ease the rules of neutrality
shall be applied."
Into treaty made the previous-
ly existing traditional practice a
binding rule of conduct among
Its signatories.
Maintenance Of Bights
Fourth: During the great war
Secretary of State Lansing took
occasion to point out why the
United States was so Insistent en
maintaining this right of a gov-
ernment to buy arms and muni-
tions In the markets of the world
whether In eases of domestic
strife or of general war. As he
pointed out. It was because ear
nation, being a peaceful and gen-
erally unarmed nation, would
have'found any other rule of law
most dangerous to Its own safety.
"Secretary Lansing declared
that the United States had from
the foundation of the republic
* " • advocated and practiced un-
restricted trade In arms and mili-
tary supplies, because it had
never been the policy of the na-
tion to maintain In time of peace
a largo military establishment or
stores of arms and ammunition
sufficient to repel Invasion by a
well equipped and powerful
enemy, and.that In consequence
the United States would. In the
event of attack by a foreign
power, be " • * seriously If not
fatally embarrassed by the lack
of arms and ammunition. • • •
The United States has always'
(Tensing said) 'depended upon
the right and power to purchase
arms from neutral nations In case
of foreign attack. This right
which It claims for Itself. It can-
not deny to others.' Ho contended
that a nation whose policy end
principle It was te rely upon in-
ternational obligations and Inter-
national Justice to preserve Its
political and territorial Integrity,
might become the prey of an ag-
gressive nation whose policy and
practice It was to Increase its
military strength during times of
peace .with the design of conquest,
unless the nation attacked could
* * * go Into the markets of the
world and purchase tho means to
.defend-11 self* against .the aggres-
sor."—Hyde, "international Law
Chiefly as interpreted and Ap-
plied by the United States," Vol:*'
at.psgera.
Belligerency Not Recognized
Fifth-Thus under the rules of
international law governing eases
of insurrection against a govern-
ment whoso status has been
recognised by its neighbors, the
government Itself to the only
party whkh will be permitted to
purchase arms and ammunition
abroad, and any assistance to the
rebels would be a violation of
such International law, an un-
friendly set against their govern-
ment. Until the Insurrection has
progressed ee far and successfully
that a state of belligerency to
recognized by the outside nations,
no rules of neutrality apply. The
only party recognised as lawful
is the mother government at
which tho Insurrection to aimed.
In the ease of Spain no such
belli;* re ocy has been recognized
by us or by Great Britain or by
Fiance. Under such circum-
stances any attempt to treat the
situation as embodying the duty
of neutrality la based upon a com-
plete misconception of the rules
'Of international law. Professor
Edwin Borcuard la bis study on
"Neutrality and Civil Wars," U
American Journal of Law. 304.
109, has thus expressed the ettu-
I "International law requires the
United States to treat the elected
government of Spain as the law-
ful government of Spain and,
until the. belligerency of the
Rebels Is' recognized; as the only
government entitled to receive
the assistance of the United States
In suppressing armed opposition
• • * This embargo against Spain
was thought to bo neutrality leg?
totolton. but It seems more likely
the precise opposite."*
Experiments Reversed Practice
Sixth: The foregoing was the
well-established practice*, of the
world governing rebellions which
occurred In the family of nations,
when on July It, 193$. the pres-
ent revolt la Spam broke out
against the republican govern-
ment which we had recognized.
Instead of following the rules of
law which had theretofore been
estaMtohed with practical una-
nimity, a aeries of novel experi-
ments were attempted on both
aides of the Atlantic These have
resulted la a complete reversal of
the pre existing law and practice.
In Europe the conflict in Spain
excited apprehension for fear that
other nations might either be
dragged in or voluntarily come In
to nan in troubled waters. The
totalitarian States; both Fascist
and Communist, were apprehend-
ed to be aggressive and likely to
Intervene, in fact, rumor attrib-
uted to them a share in the Insti-
gation of the Franco revolt. Ac-
cordingly In September. itfM.
under the leadership of Great
'Britain, a special agreement of
non-intervention was engineered
among the neighboring nations to
Spain In the hope that the con-
flict might be localized and the
danger of Its spread prevented.
The first thing te be said about
this agreement was that It was a
complete abandonment of a cede
of practice which the Interna-
tional worid had adopted through
preceding ages as the best hope
of achieving the same purpose
and minimising the spread of die-
order. International law Is the
product of the efforts and experi-
ence of the nations aimed to pro-
mote peace and stability.
In the second place, however
well intentloned it may have
been, an experiment based upon
the promises of tho totalitarian
States was more wishful than
sensible. Those States had al-
ready progressed too far along
the primrose path Of treaty viola-
tion and the non-intervention
agreement at once became a
mockery and a failure. The only
nations which have observed the
non-intervention agreement have
been the ones from whom the
danger of Intervention was not
apprehended—Great Britain and
France. Italy and Germany, while
ostensibly accepting the obliga-
tion of the covenant, have con-
tinuously and flagrantly violated
It. At the present moment Italy
to openly avowing Its effective
Krtldpatfon en the side Of
aneo. She Is openly pushing
every effort to bring the strife to
a conclusion In favor of the
rebels.
Thus the non-intervention agree-
ment has simply resulted in clos-
ing to the recognized government
of Spain those world markets for
supplies and munitions which
under the law of nations she had
a right to depend upon and to
have open to her purchases. It
baa not prevented supplies from
going to the rebels who. under
International law. have so right
to them. Not only have the rebeto
been receiving arms and muni-
tions,' but, as everybody now
knows, they have actually re-
ceived organized Italian troops In
large quantities conducting for
them a very largo snare of the
fighting.
Our Interests Remote .
Seventh: On our aide of the
Atlantic there has been even loss
excuse for a departure from law,
for we have been far remote and
our Interests were very unlikely'
to bo seriously affected by the
war In Spain. If we bad con-
tinued our f crater practice and
permitted the government of
Spain to make purchases In this
country of arms and munitions,
as we had done In the many cases
which I have cited, there was no
reel danger that those purchases
would have aroused any resent-
ment against us from which we
need have any apprehension. As
a matter of fact, our government
has continued under our Silver
Purchase Law to make large pur-
chases of Spanish silver from the
Spanish Government which un-
doubtedly have assisted that gov-
ernment In Its conduct of the
•phases have not
attention In the
> aroused hostile
It us,
we should have
war. Such pu
oven attracted
press, let alon
acrimony again
In any event
been following
have given critl
reason for our
that such a con
Ing adherence
•hlstorio policy
law could haw
unnaturally, may have been Influ*'
enced by a desire to support tho
objectives of the Non-intervention
Agreement which had Just been*
entered Into In Europe, and at.
that thne Congress may not have
foreseen that this agreement
would not bo faithfully observed.
" ive foreseen
Co	agres	may
th	tlnst	sad of
of	equal	treat
law and could
perfectly good
Ion. To assert
of self-respect-
our.P*rt to a
gged us Into
war In Europe does not speak
well for the balanced lodgment
of those who make the assertion.
But our Congress, act altogether
sides of the combatants In Spain.
It would become an engine of
glaring favoritism toward one
side stone the Rebeto -and that
the legitimate Spanish Govern
ment which by law was tho only;1
side entitled to buy erms would
eventually become the only side ,
which was unable to buy arms. At
all events our Congress In Jan-
uary, 1937; passed a temporary
resolution applying an embargo
to the sale of arms to both the
combatants In Spain. And on May
j. 1937, this temporary resolution',
was superseded by Public Resolu- 1
lion No. 97.  By the language of*
that resolution the exportation of
munitions to any foreign State
was prohibited on a proclamation
by the President that "a state of
elvB strife exists • • • and that
such civil strife to of a magnitude
or is being conducted under auch
conditions that the export of arms
* * * would * • * endanger the
peace of tho'United States." On;
the same day, l£ay l. 1937. the
President Imposed the present
embargo against Spam.
Traditions Abandoned
Eighth: The results have shown
how futile as well as dangerous
novel experiments In International
law can bo. The United States
on Its part has abandoned a tra-
ditional policy to which for a cen-
tury and a half It had carefully,
adhered as a moans of protecting
the peace and stability of nations
which. Ilka Itself, preferred to
lire not armed to the teeth. It Is
likely sorely to rue the day when
that principle was abandoned and
when It consented to a new prece-
dent whloh may hereafter weight
the scale In favor of a militaristic
and thoroughly armed nation.
On tho other hand, the progress
of events during the past two
years In Spain has served to dem-
onstrate the vitality of the Loyal-
ist Government and thus has
tended to confirm the correct-
ness of our government's deci-
sion when wo recognised that
Loyalist Government as represen-
tative of the people of Spain.
To an extent which probably
few anticipated, that Loyalist
Government has succeeded In de-
fending Itself not only against a
surprise attack by Its own re-
bellious army, but against a pow-
erful combination of aggressive
Interveners by land and sea and
air. By so doing It has furnished
strong evidence of Its vitality
and of the fact that It must be
supported by the great mass of
the people within Its territory.
Starting without an army of its
own. forced to organize and train
its raw militia, conspicuously
lacking In the powerful modern
guns, planes and other munitions
which have been available to Its
opponents. It has for many
months boon putting up a moat
surprising and gallant defense
against opponents who have had
every advantage ha the way of
land and naval organization and
who are Illegally aided both on
land and on sea by powerful or-
ganized forces from Italy and
Germany.
If this Loyalist Government la
overthrown. It Is evident now that
its defeat will bo solely duo to
the fact that tt has been deprived
Of Its tight to buy from US and
Other friendly nations the muni-
tions necessary for Its defense.
I cannot believe that our govern-
ment or our country would wish
to assume such a responsibility.
Power with President
Ninth: In snort. X nave come to
the conclusion that the embargo
imposed under the resolution of
slay 1. 1M7. should be at one
iHtea by the President. By It
terms I believe he has the powe
to take such action. The change
In the International situation
during tho past two years would
Justify such action by him. The
embargo, which by the terms of
the law authorising It was In-
1 tended .an a protection against
conditions which .would endanger
the peace of the United States,
to now shown by the events of
the past two years to be Itself a
source of danger to that peace.
Any danger that may come to tho
people of the United States from'
the situation In Spain would arise
not from any lawful sale of muni-
tions In our markets to tho Gov-
ernment of Spain, but from the
assistance which our embargo
has given to the enemies of Spain.
It to the sue oeas of tho lawless
precedents created by those ene-
mles whloh would constitute our
real danger, There is no reason
why we should ourselves facili-
tate and accentuate that danger.
There to still toss reason why we
should violate our own hlstorio
policy to do so. The prestige nnd
safety of our country will not bo
promoted by abandoning Its self-
respecting traditions. In order to
avoid the hostility of reckless
violators of International law In
Europe. Hsjisr I* Stimson.
New York. Jan. XL 1M»