Papers Relating to the Foreign Relations of the United States, 1928, Volume I
711.4112Anti-War/159
The Chargé in Great Britain (Atherton) to the Secretary of State
[Received July 27.]
Sir: I have the honor to refer to my despatch No. 2862, June 26, 1928,96 giving the text of the note transmitted to the Foreign Office, dated June 23, 1928,97 relating to the pact for the outlawry of war, and in this connection to enclose copies, in quintuplicate, of the replies handed me today by Sir Austen Chamberlain from His Majesty’s Government in Great Britain and Northern Ireland and His Majesty’s Governments in the Commonwealth of Australia, New Zealand and the Union of South Africa, as well as from the Government of India, referred to in my telegram No. 163, July 18, 12 noon, and my subsequent telegrams of today’s date.98
I have [etc.]
The British Secretary of State for Foreign Affairs (Chamberlain) to the American Chargé (Atherton)
Sir: I am happy to be able to inform you that after carefully studying the note which you left with me on the 23rd June, transmitting the revised text of the draft of the proposed treaty for the renunciation of war, His Majesty’s Government in Great Britain accept the proposed treaty in the form transmitted by you and will [Page 113] be glad to sign it at such time and place as may be indicated for the purpose by the Government of the United States.
My Government have read with interest the explanations contained in your note as to the meaning of the draft treaty, and also the comments which it contains upon the considerations advanced by other Powers in the previous diplomatic correspondence.
You will remember that in my previous communication of the 19th May I explained how important it was to my Government that the principle should be recognised that if one of the parties to this proposed treaty resorted to war in violation of its terms, the other parties should be released automatically from their obligations towards that party under the treaty. I also pointed out that respect for the obligations arising out of the Covenant of the League of Nations and of the Locarno treaties was the foundation of the policy of the Government of this country, and that they could not agree to any new treaty which would weaken or undermine these engagements.
The stipulation now inserted in the preamble under which any signatory Power hereafter seeking to promote its national interests by resort to war against another signatory is to be denied the benefits furnished by the treaty is satisfactory to my Government, and is sufficient to meet the first point mentioned in the preceding paragraph.
His Majesty’s Government in Great Britain do not consider, after mature reflection, that the fulfilment of the obligations which they have undertaken in the Covenant of the League of Nations and in the Treaty of Locarno is precluded by their acceptance of the proposed treaty. They concur in the view enunciated by the German Government in their note of the 27th April that those obligations do not contain anything which could conflict with the treaty proposed by the United States Government.
My Government have noted with peculiar satisfaction that all the parties to the Locarno Treaty are now invited to become original signatories of the new treaty, and that it is clearly the wish of the United States Government that all members of the League should become parties either by signature or accession. In order that as many States as possible may participate in the new movement, I trust that a general invitation will be extended to them to do so.
As regards the passage in my note of the 19th May relating to certain regions of which the welfare and integrity constitute a special and vital interest for our peace and safety, I need only repeat that His Majesty’s Government in Great Britain accept the new treaty upon the understanding that it does not prejudice their freedom of action in this respect.
[Page 114]I am entirely in accord with the views expressed by Mr. Kellogg in his speech of the 28th April that the proposed treaty does not restrict or impair in any way the right of self-defence, as also with his opinion that each State alone is competent to decide when circumstances necessitate recourse to war for that purpose.
In the light of the foregoing explanations, His Majesty’s Government in Great Britain are glad to join with the United States and with all other Governments similarly disposed in signing a definitive treaty for the renunciation of war in the form transmitted in your note of the 23rd June. They rejoice to be associated with the Government of the United States of America and the other parties to the proposed treaty in a further and signal advance in the outlawry of war.
I have [etc.]
The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Commonwealth of Australia, to the American Chargé (Atherton)
Sir: In the note which you were so good as to address to me on June 23rd last you stated that the Government of the United States would be glad to be informed whether His Majesty’s Government in the Commonwealth of Australia were willing to join with the United States and other similarly disposed Governments in signing a definitive treaty for the renunciation of war in the form of the draft treaty enclosed in your note.
- 2.
- I now beg leave to inform you that His Majesty’s Government in the Commonwealth of Australia have given the most careful consideration to your note above-mentioned and to the revised draft treaty which accompanied it, and that they accept the assurance given by the United States Secretary of State that the right of self-defence of a signatory State will not be impaired in any way by acceptance of the proposed treaty.
- 3.
- The Commonwealth Government have further observed that it is stated in your note of June 23rd that the preamble to the revised treaty accords express recognition to the principle that if one signatory State resorts to war in violation of the treaty, the other signatory States will be released from their obligations under the treaty to that State. They accept this declaration that the preamble in this respect is to be taken as a part of the substantive provisions of the treaty itself.
- 4.
- They have also particularly examined the draft treaty from the point of view of its relationship to the Covenant of the League of [Page 115] Nations, and in this connexion have come to the conclusion that it is not inconsistent with the latter instrument.
- 5.
- His Majesty’s Government in the Commonwealth of Australia add that the foregoing are the only questions to which the proposed treaty gives rise in which they are especially interested. As the text of the treaty which has now been submitted is completely satisfactory to them so far as these specific points are concerned, they will be quite agreeable to signing it in its present form.
I have [etc.]
The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Government of New Zealand, to the American Chargé (Atherton)
Sir: In the note which you were so good as to address to me on June 23rd last you stated that the Government of the United States would be glad to be informed whether His Majesty’s Government in New Zealand were willing to join with the United States and other similarly disposed Governments in signing a definitive treaty for the renunciation of war in the form of the draft treaty enclosed in your note.
2. I now beg leave to inform you that His Majesty’s Government in New Zealand desire to associate themselves with the terms of the note which I have had the honour to address to you to-day notifying you of the willingness of His Majesty’s Government in Great Britain to sign a multi-lateral treaty for the renunciation of war as proposed by the Government of the United States. His Majesty’s Government in New Zealand desire me to add that they will have the utmost satisfaction, in co-operation with His Majesty’s Governments in other parts of the British Empire, in joining with the Government of the United States and with all other Governments similarly disposed in signing a treaty in the form proposed.
I have [etc.]
The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Union of South Africa, to the American Chargé (Atherton)
Sir: In the note which you were so good as to address to me on June 23rd last you stated that the Government of the United States would be glad to be informed whether His Majesty’s Government in [Page 116] the Union of South Africa were willing to join with the United States and other similarly disposed Governments in signing a definitive treaty for the renunciation of war in the form of the draft treaty enclosed in your note.
2. I now beg leave to inform you that the following message has been received by telegraph from General Hertzog, Minister of External Affairs of the Union of South Africa, for communication to you:—
“On behalf of His Majesty’s Government in the Union of South Africa I have the honour to inform you that my Government have given their most serious consideration to the new draft treaty for the renunciation of war, submitted in your note of 23rd June, and to the observations accompanying it.
“My Government note with great satisfaction (a) that it is common cause that the right of legitimate self-defence is not affected by the terms of the new draft; (b) that, according to the preamble, any signatory who shall seek to promote its national interests by resort to war shall forfeit the benefits of the treaty; and (c) that the treaty is open to accession by all powers of the world.
“My Government have further examined the question whether the provisions of the present draft are inconsistent with the terms of the Covenant of the League of Nations by which they are bound, and have come to the conclusion that this is not the case, and that the objects which the League of Nations was constituted to serve can but be promoted by members of the League of Nations participating in the proposed treaty.
“His Majesty’s Government in the Union of South Africa have therefore very great pleasure in expressing their willingness to sign, together with all other Powers which might be similarly inclined, the treaty in the form proposed in your note under reference.”
I have [etc.]
The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Government of India, to the American Chargé (Atherton)
Sir: In the note which you were so good as to address to me on June 23rd last you stated that the Government of the United States would be glad to be informed whether the Government of India were willing to join with the United States and other similarly disposed Governments in signing a definitive treaty for the renunciation of war in the form of the draft treaty enclosed in your note.
2. I now beg leave to inform you that the Government of India associate themselves wholeheartedly and most gladly with the terms of the note which I have had the honour to address to you today [Page 117] notifying you of the willingness of His Majesty’s Government in Great Britain to sign a multi-lateral treaty for the denunciation of war as proposed by the Government of the United States. I have [etc.]