International Law and Diplomacy in the Spanish Civil Strife

By Norman J. Padelford; Bureau of International Research of Harvard University and Radcliffe College. | Go to book overview

As in other similar instances, little can be done by way of successful prosecution of such persons. Not having expatriated themselves, they cannot be denied readmission to the country. Provided no act of enlistment, acceptance of a commission, or entering "the service" of either party in Spain, took place within the jurisdiction of the United States, the individuals cannot be indicted or convicted under the Criminal Code. If any individual returning from armed service in Spain was, however, required at the time of his application for a passport, as suspected persons were, to affirm as a part of his application that the passport would not be used for "travel in Spain" for the purpose of taking service with the contesting parties, and if it can be proved that the passport was so used, he might be prosecuted for perjury. Upon conviction such person may be fined not more than $2,000 and imprisoned not more than five years, a penalty exceeding in severity that provided for enlistment or acceptance of a commission. In the absence of this special affirmation, conviction could not be secured under perjury if the individual failed to designate on his application that he intended to travel to or in Spain. A special Grand Jury investigation embracing examination of a considerable number of those returned might reveal irregularities and quasi-enlistments and provide useful information for tightening up the law and administration in the event of future strife abroad, as well as throw light on the activities of foreign agents in the United States.

In conclusion it may be noted that this Government twice refused to lend support to or take part in propositions for mediation in Spain emanating from South American countries. In both instances the reply was based upon determination to adhere strictly to a policy of non-interference.37


SUMMARY OF AMERICAN POLICY

The fundamental characteristics of American policy toward the civil strife in Spain have involved: evacuation and protection of nationals; conservation of property rights and interests; non-interference; withdrawal to France of the American ambassador in company with the envoys of other states; refusal to recognize belligerency and to countenance interference with American shipping on the high

____________________
37
Press Releases, Vol. XV, p. 176; ibid., Vol. XVII, pp. 349-351.

-187-

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International Law and Diplomacy in the Spanish Civil Strife
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • Chapter I - The Legal Status of the Contesting Parties 1
  • Conclusions 23
  • Chapter II - Interference with Foreign Shipping 25
  • Conclusions 50
  • Chapter III - The International Non-Intervention System 53
  • Chapter IV - The League of Nations and the Civil Strife 121
  • Conclusions 140
  • Chapter V - Problems in Diplomatic and Consular Relations 144
  • Conclusions 167
  • Chapter VI - The United States and the Civil Strife 169
  • Summary of American Policy 187
  • Chapter VII - The Termination of the Strife 189
  • Chapter VIII - Conclusion 196
  • Appendices 203
  • Index 675
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