Memorandum by the Assistant Secretary of State (Castle)14

Mr. Secretary: The Japanese Ambassador, this morning, gave me the attached paper personally and confidentially. He says that the psychological moment has arrived when the Privy Council will submit to the Emperor for ratification the Kellogg Pact. At the time of ratification, the Emperor will, however, issue the attached declaration which, in the opinion of the Japanese, is neither a reservation nor an amendment. It is, of course, entirely for home consumption. For this reason, as the Ambassador pointed out, the Japanese Government feels that the declaration is not really open to negotiation with this Government as to form but he says, nevertheless, that if we feel that it would not affect the Treaty, it might be helpful. The Ambassador says that the three irreconcilables on the Privy Council have agreed to this form.

I have discussed the matter with Mr. Hackworth.15 He says that, in his opinion, it does not affect the Treaty and that we could not properly raise any objection. The Ambassador asked that he be informed today whether the Department would offer any objection. He says the matter is exceedingly urgent because he is sure the Treaty can be put through within the next two or three weeks at the latest if this declaration can be issued at the same time.

W. R. C[astle], Jr.
[Page 247]

The Japanese Embassy to the Department of State


In view of the apprehension that the phrase “in the names of their respective peoples” in Article 1 of the Treaty for the Renunciation of War, signed at Paris on August 27, 1928, may convey a suggestion of incompatibility with the provisions of the Imperial Constitution, the Japanese Government declare that, so far as Japan is concerned, the said phrase is understood as having no application in any constitutional signification.

  1. Marginal notation by Assistant Secretary Castle reads: “After talking with the Secretary I telephoned the Japanese Ambassador that this Department offered no objection to the declaration as drafted.”
  2. Green H. Hackworth, Solicitor of the Department of State.