811.113 Senate Investigation/51b: Telegram
The Secretary of State to the Ambassador in Argentina (Weddell)
112. From newspaper reports received yesterday through the Associated Press and United Press, it appears that Dr. Saavedra Lamas33 informed the press in Buenos Aires that the Argentine Government intended presenting through the Argentine Ambassador [Page 440] here an official note declaring the United States Government responsible for damages occasioned high officials of the Argentine Government as the result of testimony given by certain witnesses before the Special Committee of the Senate Investigating Munitions. From the press reports it is not clear whether the Argentine Government intends that the Argentine officials who are alleged to have been injured by such testimony bring suit in the United States Courts against the witnesses in question or whether the Argentine Government desires to present a diplomatic claim. The Argentine Ambassador has confidentially informed the Department that the note of presentation has not yet been received by him.
If such a note is in fact presented, the effect upon public opinion in this country would be prejudicial and would presumably arouse in Argentina animosity against the United States. For that reason, you are instructed to discuss the matter informally and in the most friendly spirit with Dr. Saavedra Lamas. You should point out to him that the Special Committee of the Senate is carrying out official duties delegated to it by the United States Senate and that remarks made by United States Senators in the course of the hearings are in the same status as remarks made on the floor of the Senate and are consequently privileged. Furthermore, witnesses before the Committee are required under the laws of the United States to testify and to produce documents called for by the Committee. Consequently, their testimony as testimony before courts of law is privileged and no suits could be successfully brought in the courts against these witnesses for statements made by them regarding Argentine officials unless it could be proved that they were guilty of perjury. Finally, as stated in my note to the Argentine Ambassador34 written in reply to his note of protest against the reference made in the hearings to Admiral Galindez, the Executive branch of this Government, including, of course, the Department of State, has no jurisdiction over the Legislative branch of the Government and is consequently free from all responsibility for actions of the United States Senate or any of its members. In view of these facts, there is no ground for a diplomatic protest or claim against the United States Government and there would appear to be very remote possibility of any suit being successfully brought in a United States Court against any of the witnesses appearing before the Committee on the ground that the testimony they had given had damaged the character of officials of a friendly government. If the note referred to in the press reports is presented by the Argentine Ambassador to the Department of State, the above facts will be set forth in my reply.
[Page 441]You should emphasize, as I have stated publicly, and as has Senator Nye in a letter to me which has been made public, that neither the members of the Special Committee nor any official of this Government, have any desire to reflect upon the officials of any friendly Government and that I trust Dr. Saavedra Lamas has been incorrectly quoted by the press and that he has not in mind the presentation of a note to this Government which could accomplish no useful purpose and which might momentarily impair the particularly friendly feelings held for the Argentine Government and people by popular opinion in the U. S.