793.94/1429
The Secretary of State to
the Chargé in Japan (Wilson)
Washington, March 27,
1923.
No. 174
Sir: Referring to your telegram No. 22 of March
14,33 regarding the
proposal of the Chinese Government to abrogate the Treaties and
Exchanges of Notes of May 25, 1915, between that country and Japan,
there are enclosed herewith for your information copies of the note of
March 10, addressed by the Chinese Ministry for Foreign Affairs to the
Japanese Government and of the Japanese Government’s reply thereto of
March 14. These copies were left with the Department by the Chinese
Chargé d’Affaires and by the Counselor of the Japanese Embassy,
respectively.
When calling upon the Secretary of State on March 15 the Japanese
Ambassador said that his Government would be very much [Page 827] pleased to have the Secretary’s
observations upon the matters set forth in the above mentioned notes.
The Secretary replied that he did not care to make any comment or add
anything to what he had said upon this subject at the Washington
Conference.34
I am [etc.]
For the Secretary of State:
William
Phillips
[Enclosure 1]
Chinese Note Dated March 10, 1923, Addressed by
the Chinese Ministry for Foreign Affairs to the Japanese
Minister in China and by the Chinese Minister in Japan to the
Japanese Minister for Foreign Affairs34a
At this time when the tendency to promote peace is universal and when
the nations of the world are zealously upholding the principles of
justice, it is appropriate to consolidate and strengthen yet more
the hitherto existing friendly relations between China and Japan so
as to maintain the peace of the world by safeguarding the peace of
the Far East. The greatest obstacle which stands in the way of
cordial friendly relations between China and Japan lies in the
existence of the treaties concluded and notes exchanged between
China and Japan on May 25, 1915. It will be recalled that after
signing these agreements the Chinese Government issued a formal
statement declaring that although the Chinese Government was
constrained to comply with the terms of the ultimatum China
disclaimed any responsibility for consequent violations of the
treaty rights of the other powers. When later the Peace Conference
met in Paris the Chinese Delegation submitted a memorandum setting
forth the reasons why these treaties and notes should be abrogated.
The chairman of the Peace Conference in his reply fully acknowledged
the grave importance of these questions. To the Washington
Conference the Chinese Delegates again submitted that these treaties
and notes should be abrogated, supporting their proposal with the
following reasons:
- (1)
- That no quid pro quo was offered
for the concessions demanded;
- (2)
- That the agreements are in violation of the treaties
between China and the other powers;
- (3)
- That the agreements are inconsistent with the principles
relating to China which have been adopted by the Washington
Conference; and
- (4)
- That the agreements have engendered constant
misunderstanding between China and Japan.
The Japanese Delegates recognizing the weight of the Chinese
proposition made the announcement at the time that Japan renounced
the option with regard to loans for the construction of railways in
South Manchuria and Eastern Inner Mongolia and to loans to be
secured on taxes in that region; that Japan renounced also her
preferential rights concerning the engagement of advisers or
instructors on political, financial, military or police matters in
South Manchuria; and that Japan withdrew the reservations made under
the treaty of 1915 concerning group V of the original proposals of
the Japanese Government. The Chinese Delegates, after taking note of
the claims which Japan had given up and the reservations which Japan
had withdrawn, expressed their regrets, and reiterated the position
taken by China that these treaties and notes should be abrogated in toto, declaring at the same time that the
Chinese Government reserved the right to seek a solution on all
future appropriate occasions concerning those portions of the
treaties and notes of 1915 which did not appear to have been
expressly relinquished by the Japanese Government. Due notice was
taken by the Delegates of the Powers represented at the Conference
of the reservation made by the Chinese Delegation, which was
formally announced to the Conference by its chairman, and which was
spread upon the Minutes of the Conference as part of its permanent
record.34b Thus these treaties and notes have from the very
beginning been consistently opposed by the public opinion of this
country. Guided by this united sentiment of the people of the whole
country the Chinese Government has both at the Peace Conference in
Paris and also at the Washington Conference brought up these
questions, and demanded the abrogation of these agreements. More
recently the Chinese Parliament at its session held in January,
1923, passed a Resolution declaring the Sino-Japanese treaties and
notes of May 25, 1915, null and void; and the Senate in a formal
dispatch called upon the Government to take due notice and to act
accordingly. There is therefore unmistakable evidence that public
opinion in this country has been consistently united on this point.
In view of the fact that the lease of Port Arthur and Dalny is about
to expire, the Chinese Government considers the present an
appropriate time to improve Sino-Japanese relationship by
reiterating a formal declaration to the Japanese Government that
with reference to the treaties concluded and notes exchanged on May
25, 1915, the whole body of these agreements should be considered
abrogated, it being understood that those portions [Page 829] of said treaties and notes which
concern questions since settled and claims since given up or
reservations since withdrawn by Japan have already been and remain
abrogated. The Japanese Government is hereby requested to appoint a
day for discussion with the Chinese Government of questions
incidental to the retrocession of Port Arthur and Dalny as well as
any problem consequent upon the abrogation of the aforesaid treaties
and notes of 1915. The Chinese Government firmly believes that the
Japanese Government and the Japanese people fully recognizing the
importance of Sino-Japanese friendship will comply with the united
wish of the Chinese people and remove entirely those obstructions
and impediments which have impaired the cordial relations of the two
countries during recent years so that genuine cordiality between the
two peoples may be developed and the peace of the Far East made
secure, which is not only in the interests of the two countries but
also for the welfare of the world.
[Enclosure
2—Translation]
Reply of the Japanese Minister for Foreign
Affairs Handed March 14, 1923, to the Chinese Chargé in Japan
and Transmitted to the Chinese Minister for Foreign Affairs by
the Japanese Minister in China35
I have the honor to acknowledge the receipt of your note of the 10th
instant, in which, under instructions from Peking, you were good
enough to communicate to me the decision of your Government
respecting the abrogation of the Sino-Japanese treaties and the
notes of May 25, 1915. After quoting the statement of your
Government, published immediately on the conclusion of said
treaties, the statement of the Chinese Delegation at the Paris Peace
Conference and the contentions advanced by the Chinese Delegation at
the Washington Conference, your note concludes that said treaties
and notes should now be cancelled in total except those stipulations
and reservations contained therein, which have already been adjusted
or which the Japanese Government have already renounced or
withdrawn.
The Japanese Government are unable to conceal from themselves the
sense of surprise and regret at the communication under
acknowledgment. The treaties concluded and notes exchanged in 1915
were formally signed by Japanese and Chinese representatives, who
were properly invested with full powers by their respective
Governments, the treaties having been, moreover, duly ratified by
the respective heads of state. The views of the Japanese Government
[Page 830] on cancelling these
agreements were declared by their delegates at the Washington
Conference.
The attempt on the part of your Government to abrogate of its own
accord treaties and notes which are perfectly valid, will not only
fail to contribute to the advancement of friendship between our two
countries, but should be regarded as contrary to the accepted
principles of international intercourse. This Government,
accordingly, cannot in any way lend themselves to the line of action
now contemplated by your Government. The Japanese Government have
always had near their heart the promotion of cordial relations
between our two nations, and they trust you will agree that their
solicitude in that direction has been abundantly proved in their
dealings with the Chinese Government by repeated acts of good will.
Furthermore, the Japanese Government have recently concluded new
arrangements with China on certain matters stipulated in said
treaties and notes, and have also declared their decision to waive
rights secured to them under various other clauses in the
instruments in question, and to withdraw certain reservations made
in them. In this situation they feel compelled to declare that they
find absolutely nothing in the treaties and notes which is
susceptible of further modification. It, therefore, seems to the
Japanese Government that there is no occasion for entertaining in
any way the proposals of your Government respecting the discussion
of questions incidental to the restoration of Port Arthur and
Dairen, or consequent upon the abrogation of said treaties.
