711.9412Anti-War/75: Telegram
The Secretary of State to the Chargé in Japan (Neville)
[Paraphrase]
Washington, November
19, 1928—3 p.m.
123. Your despatch No. 977, October 8.
- 1.
- In your despatch under reference, the Department has noticed the statement that law officers of the Department of State are reported as being of opinion that conclusion of the customs treaty with the Nationalist Government in China constituted recognition of that Government.
- 2.
- The Government of the United States considers that the signing by the United States of a bilateral treaty, such as was signed by the Government of the United States and the Nationalist Government in [Page 233] China, implies recognition. This Government does not consider that adherence by an unrecognized Government to a multilateral treaty of which the Government of the United States is a signatory or to which it is a party entails recognition by this Government. To attribute to the Government of the United States the “doctrine” in the third paragraph of your despatch under reference is erroneous. The adherence of the other Government is its unilateral act. Recognition is a matter primarily of intention, and intention on the part of the Government of the United States to recognize such other Government can not be imputed to this Government by an act of the other Government.
- 3.
- It is for the Japanese Government, of course, to decide what the action would be on its part that would constitute recognition of the Chinese Nationalist Government, and also whether ratification by Japan of the treaty for the renunciation of war to which China has adhered would constitute recognition of the Nationalist Government in China.
- 4.
- The Department is sending you this statement of the position of this Government for your information and discreet use.
- 5.
- With reference to the suggested reservation, the Department desires you to telegraph promptly if there is any likelihood that it will be seriously considered.
Kellogg