701.1611/214b

The Secretary of State to the Salvadoran Acting Minister for Foreign Affairs (Jiménez)

WASHINGTON, June 18, 1931. EXCELLENCY: I have had the honor of receiving the esteemed note of the Salvadoran Minister for Foreign Affairs dated May 27, 1931, in which your Government has been so gracious as to assure me of its gratitude for the acts of courtesy which, fulfilling alike their duty and the dictates of their personal esteem for Dr. Carlos Leiva, the Chargé d'Affaires of El Salvador, the members of this Government extended to him in connection with the assault of which he was the victim in the Legation of El Salvador in this Capital. Likewise a request is made that an investigation of the events associated with the assault be made with particular reference to what you consider to be the lack of adequate protection afforded the person of your Government's representative by the local police, and you ask that adequate protection be extended in the future.

I hasten to assure you that the Government of the United States deplores sincerely that the representative of the Government of El Salvador should have been the victim of such an unfortunate accident in this Capital. I am advised that an investigation is being made into all phases of this occurrence, that the appropriate authorities are making every effort to apprehend and punish those guilty of the assault on Dr. Leiva," and that every measure will be taken to extend adequate protection to him and to the Legation of El Salvador.

I may add that as an act of courtesy and grace the Government of the United States intends to defray the expenses to which Dr. Leiva has been put consequent to the assault upon his person, and with that in view Dr. Leiva is being requested to send the bills covering those expenses to the Department of State for payment. Accept [etc.]

HENRY L. STIMSON

In his note of July 24, 1936, to the Salvadoran Minister (Castro) the Secretary of State wrote:

". . . I am advised by the appropriate authority of this Government that the evidence now available is not considered to constitute a sufficient basis upon which to institute criminal proceedings against any known person in connection with the burglary and assault committed at the Legation." (701.1611/320)

701.1611/216

The Salvadoran Second Secretary in Charge of Legation (Meléndez) to the Acting Secretary of State

[Translation]

WASHINGTON, July 15, 1931.

MR. SECRETARY: I have the honor to transmit herewith to Your Excellency a note sent to you by the Minister of Foreign Affairs of El Salvador.

I reiterate [etc.]

[Enclosure-Translation]

ROBERTO D. MELÉNDEZ

The Salvadoran Minister for Foreign Affairs (Rossi) to the Acting Secretary of State 37

L. D./957

SAN SALVADOR, July 7, 1931.

YOUR EXCELLENCY: It is a high honor to me to refer to Your Excellency's kind note under date of June 18 ultimo, in which you saw fit to answer that which this Ministry sent to you on the 27th of last May in regard to the assault made upon Dr. Carlos Leiva, Minister [Chargé] of El Salvador.

I am sincerely pleased that Your Excellency's Government should have deigned to consider in their true light the points set forth by this Ministry in the note to which I refer, and my Government takes pleasure in noting that Your Excellency's Government, while deploring what occurred to Dr. Leiva, is interesting itself in the prompt capture and punishment of the guilty parties and offers adequate guarantees to the Salvadoran Legation to prevent assaults of this kind. This is a measure which my Government appreciates at its full value, in as much as it will make for the tranquillity of our Legation at Washington with regard to the persons who compose it and their property.

The good intentions so kindly shown by Your Excellency's Government in this matter are still further confirmed by its exquisite courtesy in assuming the expenses occasioned by the assault upon Dr. Leiva, which courtesy I am glad to state will further win the gratitude of my Government.

Please accept [etc.]

R. ARRIETA ROSSI

87

Note acknowledged July 27, 1931.

ETHIOPIA

PROPOSED REVISION OF BASIC TREATY GOVERNING ETHIOPIAN RELATIONS WITH FOREIGN POWERS

684.003/8: Telegram

The Secretary of State to the Ambassador in France (Edge)1

WASHINGTON, April 22, 1931—1 p. m.

156. The Minister Resident at Addis Ababa has reported that he learns on excellent authority that the Ethiopian Government contemplates denouncing in the near future the Franco-Ethiopian Treaty of January 10, 1908,2 Article 7 of which grants to France the privilege of extraterritorial jurisdiction. The United States and several other Powers receive similar privileges by virtue of most-favored-nation clauses of their treaties, but the whole extraterritorial structure is based upon the French Treaty. Although the Ethiopians are apparently desirous of freeing themselves from extraterritorial privileges they are even more anxious, for fiscal reasons, to regain freedom of action in customs matters, in which they are now restricted by Article 3 of the Treaty. The Department is inclined to the opinion that there is no objection to granting the Ethiopians freedom of action in customs matters so far as the United States is concerned, provided, of course, that American trade receives treatment not less favorable than that accorded to any third country. In view, however, of the present inadequacy of the judicial system in Ethiopia, the Department considers that it would be highly undesirable for the Powers enjoying extraterritorial jurisdiction to relinquish their rights in this respect.

Please discuss this question with the Foreign Office with a view to determining what, if any, steps the French Government proposes to take, in the event that the Treaty is denounced, to secure the continuance of such extraterritorial rights for French nationals in Ethiopia as may be considered necessary for their protection. If the opportunity is offered during the course of your conversation at the Foreign Office you may intimate that this Government would be disposed to

1 See penultimate paragraph for instructions to repeat to London and Rome. Treaty of friendship and commerce, signed at Addis Ababa (known also as the Klobukowsky Treaty), British and Foreign State Papers, vol. ci, p. 997. 'For treaty of commerce between the United States and Ethiopia, signed at Addis Ababa, June 27, 1914, see Foreign Relations, 1920, vol. п, p. 243.

consider favorably the possibility of consulting with the French Government and with the Governments of other Powers now enjoying extraterritorial rights with a view to seeing what action might be possible and desirable in order to safeguard such rights.

Please repeat to London and Rome with the request that the Embassies in those capitals similarly consult with the British and Italian Foreign Offices, respectively.

Please transmit copy of this telegram by mail to Addis Ababa. Also transmit copy of your reply and request similar action by Rome and London.

STIMSON

684.003/9: Telegram

The Ambassador in France (Edge) to the Secretary of State

PARIS, April 23, 1931-6 p. m. [Received April 24-11:30 a. m.]

208. Your 156, April 22, 2 [1] p. m. In a conversation with the Chief of the African and Levant Section of the Foreign Office this afternoon a member of the Embassy staff was informed that France also understands Ethiopia contemplates denouncement of the treaty and that France neither approves of Ethiopia's freedom of action in customs matters nor of its withdrawal of the privileges of extraterritorial jurisdiction. The French Government however might favor an increase in the maximum duties from present rate of 10 percent to perhaps 15 percent provided Ethiopia would at the same time agree to putting article 7 in more modern form. The replacement of an Abyssinian jurisdiction by a responsible foreigner under the second paragraph of that article is one of the alterations France would like to make. The Foreign Office representative said that no formal representations have been made by France in the above sense but it is understood the Ethiopian Government knows this to be French attitude. In case the treaty is denounced the French Government would make energetic protest. Regarding your suggestion of joint consideration of the question the Foreign Office understands that at Addis Ababa the diplomatic representatives of the various interested Governments are now consulting with each other regarding the matter.

[Paraphrase.] The Foreign Office official expressed the opinion that the American Financial Adviser to Ethiopia is partly responsible for the desire of the Ethiopian Government for freedom of action in customs matters and is also making it difficult for French interests to negotiate some important contracts with that Government.

'Everett A. Colson.

Repeated to the missions at Addis Ababa, London, and Rome.

[End paraphrase.]

EDGE

684.003/10: Telegram

The Ambassador in Great Britain (Dawes) to the Secretary of State

LONDON, April 25, 1931-3 p. m. [Received April 25-9:35 a. m.]

121. Department's 156, April 22, 2 [1] p. m. to Paris. The Foreign Office states informally that its view is precisely that of the State Department as expressed in the telegram under reference, but considers that on account of developments in Addis Ababa the probability that the treaty will be denounced has diminished. The Foreign Office understands that conversations there between the diplomatic representatives of the interested Governments are now going on and is inclined to believe that a way can be found to meet the wishes of the Ethiopians for freedom of action in customs matters without involving any change in the much more important question of extraterritorial jurisdiction. The number of British nationals in the country is such that the Foreign Office would certainly take steps if the treaty were denounced but is not at present disposed to say what they might be.

This message is being repeated by mail to Paris, Rome and Addis Ababa.

DAWES

684.003/11: Telegram

The Ambassador in Italy (Garrett) to the Secretary of State

[Paraphrase]

ROME, May 1, 1931-5 p. m. [Received May 1-4: 18 p. m.]

5

68. Department's 156, April 22, 2 [1] p. m., to Paris. The Foreign Office agrees generally with your view, and the Italian Minister in Ethiopia, I understand, has been instructed to collaborate with the American Minister Resident at Addis Ababa. However, the Italian Government objects to changes regarding customs matters which are brought about unilaterally by the Ethiopian Government's action and wishes to oppose the putting into effect of such a decree which, I am told by the head of the African Section of the Italian Foreign Office, has been promulgated already by the Ethiopian Government. The hope of American collaboration regarding this point is expressed by the Foreign Office here. I am assured by the Minister for Foreign

See footnote 1, p. 217.