711.9412Anti-War/37
Memorandum by the Chief of the Division of Western European Affairs (Marriner)
The Japanese Chargé d’Affaires ad interim, Mr. Sawada, called by appointment at 12:15, and the Secretary handed him a copy of the identic note and draft multilateral treaty for the renunciation of war delivered to the various foreign offices today. The Secretary informed the Chargé d’Affaires that the change requested by the Japanese Government in the preamble with respect to the term “high offices” had been made and that phrase omitted. He read the Chargé d’Affaires the first paragraph of the new preamble
“Deeply sensible of their solemn duty to promote the welfare of mankind;”
and Mr. Sawada said that this would be satisfactory to his Government. The Secretary then said that although it was of course not of first importance to Japan, nevertheless, in accordance with the views of European Powers, the three Locarno Powers had been included in the draft treaty. He pointed out that since the treaty of Locarno contained an agreement among its signatories not to go to war, the present treaty would merely reinforce that provision and the violation of one treaty would result in the violation of the other with consequent liberty of action. With respect to the release of the parties to the treaty in case of violation by one of them, the Secretary stated that he had desired to include in the preamble an interpretative statement merely setting forth the law on that subject and he read to the Chargé d’Affaires the clause.
“Persuaded that the time has come when a frank renunciation of war as an instrument of national policy should be made to the end that the peaceful and friendly relations now existing between their peoples may be perpetuated;
“Convinced that all changes in their relations with one another should be sought only by pacific means and be the result of a peaceful and orderly process, and that any signatory Power which shall hereafter seek to promote its national interests by resort to war should be denied the benefits furnished by this treaty;”.
The Chargé d’Affaires asked about the question of self-defense, and the Secretary said that it had been agreed upon and that France had agreed that as this was an inalienable attribute of sovereignty, there was no necessity for its specific mention. The Chargé d’Affaires [Page 97] then inquired as to a point in the phraseology in Article 1 of the treaty, “in the names of their respective peoples”, and stated that this was not in accordance with Japanese constitutional procedure, since it was only the Emperor who could conclude a treaty. The Secretary said that since this treaty was in due and regular form with the Emperor named at the beginning of the preamble as one among the parties to the conclusion of the treaty, there could be no legal question raised on this point and that as this was a part of the phraseology of the original Briand proposal, he did not feel at liberty to make any change and that he hoped the Japanese Government would see its way to signing the treaty in its present form.
The Chargé d’Affaires inquired as to whether an agreement had been reached on these points with England and France, and the Secretary said that he could not go as far as to say that, but that he had high hopes it would come about. The Secretary said that he told the French Ambassador that the Japanese desired to be informed in time of any arrangements for signature and that although no such arrangements were contemplated as yet, there could be no doubt that they would receive sufficient notice. He told the Chargé d’Affaires that the note would be confidential until its release in the press of Monday, June 25, 1928.