¹ British archives: F. O. Spain, 1391.

² Ibid.

³ British archives: F. O. Spain, 1392.

⁴ Ibid.; also Vol. 1393.

⁵ The British instructions may be found in the circular note of Granville to the Powers, Aug. 20,1873, printed in Br. & For. St. Pap., Vol. LXV, pp. 769–772. These embraced: (1) interference only for protection of British life and property; (2) use of force to this end if necessary; (3) avoid seizures of Spanish vessels unless necessary for (1); (4) abstention from proceedings from which sympathy for either party might be apparent; (5) confining communications with local authorities to such as might be necessary for protecting life and property; (6) to refrain from landing armed forces except to safeguard the embarkation of subjects or persons entitled to asylum; (7) to see that any persons granted asylum on British ships should not interfere therefrom with Spanish affairs; (8) that refugees be landed as soon as practicable and safe for them, without turning them over to the authorities.

⁶ British archives: F. O. Spain, 1392. An extract of this is printed in Br. & For. St. Pap., Vol. LXV, pp. 776–777.

⁷ The texts of all of the declarations will be found in the Supplement to the Sept. 26,1936, issue of L’Europe Nouvelle. The original French proposal to Britain was dispatched from Paris Aug. 6.

⁸ Albania, Belgium, Denmark, Estonia, Finland, Greece, Irish Free state, Lithuania, Netherlands, Norway, Rumania, Czechoslovakia, Sweden, Soviet Union, Yugoslavia.

⁹ Germany, Hungary, Italy, Latvia, Poland, Turkey.

¹⁰ Spain, No. 2 (1936), Cmd. 5300, London, 1936.

¹¹ Austria, Belgium, Czechoslovakia, Denmark, Estonia, Germany, Greece, Hungary, Irish Free State, Lithuania, Netherlands, Norway. Ibid., pp. 9–16.

¹² Albania, Belgium, Britain, Bulgaria, Czechoslovakia, Finland, France, Greece, Hungary, Italy, Latvia, Luxemburg, Norway, Poland, Portugal, Rumania, Sweden, Switzerland, Turkey, Soviet Union, Yugoslavia.

¹³ Austria (1928), Belgium (1931,1934), Denmark (1934), Germany (1935), Greece (1932), Hungary (1934), Irish Free State (1925), Lithuania (1924, 1936), Netherlands (1919, 1925, 1932), Norway (1927).

¹⁴ In an interesting opinion rendered by the Law Officers of the Crown in 1835 apropos the nature of “ war-like stores” which might not be exported from Britain, it was laid down that “the term ’war-like stores’ as used in the treaty in question (Quadruple Treaty of Apr. 22, 1834), imports whatever articles are necessary for the equipment of naval or military forces …” F. 0. 83/2368.

¹⁵ 1—Rifles and carbines; 2—Bayonets and swords; 3—Machine guns, automatic rifles, and machine pistols of all calibres, and their mountings; 4—Revolvers and automatic pistols; 5—Guns, howitzers, and mortars of all calibres, and their mountings; 6—Ammunitimi for arms enumerated in 1, 3, and 4, and filled or unfilled projectiles for arms in Schedule 5; 7—Grenades, bombs, torpedoes, and mines, filled or unfilled, and apparatus for their use or discharge; 8—Tanks, armored vehicles, armor plate; 9—Flame-throwers and all other projectors used for chemical or incendiary warfare; 10—Mustard gas, lewisite, ethyldichlorarsine, methyldichlorarsine, and all other products destined for chemical or incendiary war; 11—Powder for war purposes, and explosives; 12—Aircraft, assembled or dismantled, aero engines, propellers, fuselages, aerial gun-mounts and frames, tail units, and under-carriage units; 13—Warships of all kinds; 14—Component parts of arms and munitions; 15 —Range finders, sights, fire control apparatus; 16—Searchlights, signalling and wireless apparatus for war purposes; 17–7:Vehicles other than those in No. 8, designed exclusively for war purposes; 18—Appliances and accessories for war purposes other than those mentioned; 19—Protective materials; 20—Specialized machinery and plants for the manufacture of arms and munitions; 21—Sporting arms and munitions. Report, loc. cit., pp. 19–57.

¹⁶ Department of State, Press Releases, No. 273, p. 291.

¹⁷ League of Nations Official Journal, Special Supplement, No. 150, p. 3.

¹⁸ Department of State, Press Releases, April 10, 1936; May 1, 1937.

¹⁹ Hemming Report, loc. cit., p. 5.

²⁰ See page 600 below.

²¹ League of Nations Official Journal, Spl. Supp., No. 155, Records of the 17th Ordinary Session of the Assembly, p. 49. See also the note of the Madrid Government to the Powers, Sept. 15, 1936, circulated by means of the League machinery, entitled, La no-intervencion en los aountos de Espafta. Doeurnentos pub/icados por el Gobiemo de la Republica Esparto

²² League of Nations Official Journal, loc. cit., p. 64.

²³ Ibid., p. 84.

²⁴ Remarks of the writer at the 31st Annual Meeting of the American Society of International Law, April 30, 1937, Proceedings, p. 154; also “International Law and Insurgency,” in Die Friedens-Warte (Zurich), Sept., 1937.

²⁵ L’Europe Nouvelle, March 13, 1937, Supp., p. vi.

²⁶ L’Europe Nouvelle, March 13, 1937, Supp., pp. vi—vii.

²⁷ Ibid.,pp. i, ii.

²⁸ Ibid., p. vi.

²⁹ New York Times, Nov. 13, 1936.

³⁰ League of Nations Official Journal, Jan., 1937, p. 35.

³¹ Mid., p. 8.

³² Ibid., p. 10.

³³ Ibid., pp. 18–19.

³⁴ L’Europe Nouvelle, April 10, 1937, Supp., pp. i–vii.

³⁵ London Times, Jan. 11, 1937.

³⁶ L’Europe Nouvelle, loc. cit., p. vii. See ibid., April 24, 1937, Supp., pp. i–ii, for replies of other states.

³⁷ “Art. premier.—Le gouvernement est autorise h prendre par decret en conseil des ministres touter mesures utiles pour mettre obstacle: (1) sur les territoires soumis b. la souverainete ou >L l’autorite de la France : (a) A l’engagement et aux actes tendant h l’engagement de personnes dans les forces combattantes actuellement en Espagne ou dans les possessions espagnoles, y compris les zones d’influence espagnole an Maroc; (b) au depart et au transit de personnes desireuses de servir dans ces forces; (2) a, l’engagement dans lesdites forces de ressortissants frangais se trouvant hors de territoire national.

“Lea mesures prevues aux paragrapher precedents auront effet h compter de la date qui sera fixe par un accord international et pour une periode de six mois.

“Art. 2.—Lea infractions aux interdictions edictees dans les conditions A, radicle premier seront punier d’un emprisonnement de un a six mois et d’une amende de 100 A 10,000 francs ou de l’une de ces deux peines seulement.

“L’article 463 du Code penal sera applicable.” Le Temps, Jan. 17, 1937. The decree was signed Feb. 18 and the law went into effect Feb. 20.

³⁸ This. JOURNAL, Vol. 31 (1937), p. 235, n. 51.

³⁹ New York Times, Feb. 17, 1937.

⁴⁰ Le Temps, Dec. 24, 1936, Jan. 10, 1937.

⁴¹ Ibid., Feb. 11, 1937. L’Europe Nouvelle, loc. cit., p. iv, misdates the meeting as. Feb. 20.

⁴² “1. Portugal has not departed from her earlier attitude of not admitting international control in her territories. Such control would constitute a terrible precedent for the liberty and independence of small countries.

“2. Control of the ports and coastline was never suggested, and if it had been by a certain Power with which Portugal has no relations, Portugal could not have discussed or collaborated.

“3. Not being responsible for the events in Spain, realizing the dangers and not wishing not to help in their solution, and in the common interest, Portugal, at the instance of various friendly Powers, has invited the British Government to send observers to be attached to the British Embassy and Consulates, to see to the rigorous fulfillment of Portugal’s obligation for non-intervention.

“4. Great Britain was chosen because of Portugal’s confidence in her attitude of impartiality and of the alliance between the two countries.

“5. The rigidly defined invitation is no modification of the control plan formula. If Portugal had refused to invite observers it would have been impossible to prove at first-hand her correct attitude to these questions.

“6. The observers will be given all facilities, but it is emphasized that they will not possess the powers originally suggested for the international controllers, nor will they be recognized as delegates of an international organization.

“7. Portugal hopes that other Governments, not ignoring Portugal’s fundamental principles, which she has constantly upheld, will recognize her good intentions. But if not, and should Portugal then be convinced that her continued presence on the London Committee was a disturbing element, she would withdraw from that Committee.” On the British-Portuguese alliance, see Br. & For. St. Pap., Vol. I, pp. 462–563.

⁴³ London Times, March 2, 1937.

⁴⁴ London Times, Feb. 27, 1937. The schemes assigned definite portions of the high seas off the Spanish coast to each of the four Powers for naval patrol.

⁴⁵ The text of the resolution and the scheme will be found in the Supplement to this JOURNAL, p. 163. They are printed as a British Parliamentary Paper, Spain, No. 1 (1937), Cmd. 5399.

⁴⁶ The statement which appeared in the London Times, July 14, 1937, that there were 30 observers on the French frontier was incorrect. Thirty were centered in Perpignan.

⁴⁷ No such agreement was reached.

⁴⁸ London Times, June 24, 1937

⁴⁹ 49 Ibid., July 6, July 14, 1937.

⁵⁰ London Times, June 14, 1937.

⁵¹ Ibid., June 24, 1937. The Rebels gave assurances of sfety, but Valencia refused to do so.

⁵² Ibid., June 19, 1937.

⁵³ “Ibid., June 21–23, 1937.

⁵⁴ Ibid., June 24, 1937. The German note read: “The German Government, after being 15 notified of the attacks on the cruiser Leipzig on June 15 an 18, have immediately informed the Powers engaged in the Spanish sea control that they ar not willing to expose their naval

forces, while entrusted with an international task, to f r target practice off Red Spain. “The German Government have limited to a minim the guarantee which had to be asked for the safety of the German ships in requesting a val demonstration of the four control Powers in order thus to express a definite and obvious solidary warning.

“Since the British and French Governments are not rea y to agree even to this minimum request, the German Government regret to state that among the control Powers that spirit of solidarity which is an indispensable condition for the execution of the common international task is lacking. The German Government have therefore decided to withdraw finally from the Control Scheme.” The Italian note was based on the same idea.

⁵⁵ London Times, June 30. ¹⁶

⁵⁶ Ibid., July 3.

⁵⁷ London Times, July 10.

⁵⁸ White Paper. Cmd. 5521.

⁵⁹ See page 589 and footnote 40 above.

⁶⁰ Merchant Shipping (Carriage of Munitions to Spain) Act, Dec. 3, 1936. See this JOURNAL, Vol. 31 (1937), p. 234; ibid., Supp., p. 100.

⁶¹ “All persons in Spain, the Spanish Possessions, or the Spanish Zone of Morocco are liable to be evacuated who, on July 18, 1936, either were nationals of, or—being stateless persons—were domiciled in, any Country the Government of which is a party to the Non-Intervention Agreement, and who are unable to prove that they entered the service of either party in Spain before that date, if they fall within any of the following categories:

“(1) Combatant personnel of whatever rank attached to, serving in, or serving with the naval, military, or air forces of either party in Spain.

“(2) Personnel engaged in the Maintenance of essential services in connection with the armed forces of either party, e.g., lines of communication, ground services in aerodromes, supply, ordnance, etc. (N.B.—Exempted are personnel serving in recognized non-Spanish medical, sanitary, or similar units.)

“(3) Personnel engaged as instructors or advisers with the armed forces of either party.

“(4) Personnel engaged in civilian capacity with the armed forces of either party, e.g., lines of communication, naval shore establishments, etc.

“(5) Personnel engaged with either party in, or as advisers to, government departments or other administrative offices, e.g., railways, ports, docks, etc.

“(6) Personnel engaged in any capacity in the work of manufacture, assembly, or repair of war material (including aircraft) covered by the Non-Intervention Agreement.

“(7) Personnel engaged in the arms trade with either party.

“(8) Persons whose activities are in any way susceptible of prolonging or embittering the present conflict. (As to be defined by the special sub-committee.)

“(9) Prisoners of war held by either party.” London Times, July 15, 1937.