793.94/2413: Telegram
The Consul at Geneva (Gilbert) to the Secretary of State
[Received 9:10 a.m.]
270. Drummond has handed me a copy of a note from Briand as President of the Council to Yoshizawa, in reply to the Japanese declaration dated October 2638 (Consulate’s 263, October 28, 11 a.m.39). I understand that Briand handed this to Yoshizawa on the evening of October 29. It is being circulated to the members of the Council. The text of the note is as follows:
“As President of the Council of the League of Nations, I have examined most carefully the Japanese Government’s declaration dated October 26, which Your Excellency was good enough to communicate by telegram to me and to the other members of the Council through the Secretary General.
I feel I must submit to you certain observations on this communication.
Since the last meeting of the Council, when the draft resolution on which my colleagues had asked me to report secured the approval of all the members of the Council except the Japanese representative, the position in regard to the question submitted to us for consideration has become clear. It may be stated as follows:
Independently of the vote taken at the last Council meeting, which retains its full moral force, we still have before us, from the juridical standpoint, a valid resolution, namely, that which was unanimously adopted on September 30th, and which retains its full executory force.
In that resolution the Council noted the statement made by the Japanese representative that the Japanese Government will continue as rapidly as possible the withdrawal of its troops which has already been begun, into the railway zone in proportion as the safety of the lives and property of Japanese nationals is effectively assured and that it hopes to carry out this intention in full as speedily as may be. No indication whatever was given at that time by the Japanese representative that matters such as an agreement as to the treaty rights of Japan in Manchuria were in any way connected with the safety of the lives and property of Japanese nationals.
It is further to be noted that in the two draft resolutions submitted to the Council on the 24th October the first three paragraphs are exactly the same, Your Excellency having withdrawn the amendment to paragraph (3) which you had submitted. It may therefore be assumed that these paragraphs express the will of the two parties. In their declaration of October 26th the Japanese Government further stated that, when it referred to certain fundamental principles it had in mind the following:
- 1.
- Mutual repudiation of aggressive policy and conduct—paragraph (2) of the two drafts submitted on October 24 states that [Page 346] the two countries ‘are bound not to resort to any aggressive policy or action’.
- 2.
- Respect for China’s territorial integrity. Paragraph (3) of the two drafts records an undertaking to that effect.
- 3.
- Complete suppression of all organized movements interfering with freedom of trade and stirring up internation[al] hatred. Paragraph (2) of the two drafts declares that the two Governments are bound to take measures to suppress hostile agitation.
- 4.
- Effective protection throughout Manchuria in order to allow Japanese nationals to engage there in any peaceful pursuits. Paragraph (1) of both drafts declares that the Chinese Government are pledged to the effective protection of Japanese subjects residing in Manchuria.
The fact that on the one hand the Chinese representative accepted the terms of the resolution which I proposed on behalf of my colleagues and that on the other hand the counterdraft of the Japanese representative contained the three paragraphs to which I have referred show that the two Governments are in complete agreement on these four points.
There remains only the last point: ‘Respect for treaty rights of Japan in Manchuria’.
With regard to that point I would call Your Excellency’s attention to the letter addressed to me by the Chinese representative on the 24th October in which Doctor Sze declares that [‘]China, like every member of the League of Nations, is bound by the Covenant to a “scrupulous respect for all treaty obligations”. The Chinese Government for its part is determined loyally to fulfill all its obligations under the Covenant. It is prepared to give proofs of this intention by undertaking to settle all disputes with Japan as to treaty interpretation by arbitration or judicial settlement, as stated in article 13 of the Covenant[’].
It therefore appears to me, and I feel sure that my colleagues on the Council, including, I trust, Your Excellency, will agree that the Chinese Government have given to the Council of the League, on which Japan has a permanent representative, pledges which cover the various fundamental principles raised by the Japanese Government.
In these circumstances I feel confident that the Japanese Government, being desirous of fulfilling the undertaking which it solemnly contracted under the terms of the resolution of September 30th and which, moreover, it repeatedly confirmed by its declarations during the last session of the Council, at the meetings of October 22, 23 and 24, will continue as rapidly as possible the withdrawal of its troops into the railway zone and that it will thus be able to carry out that intention to the full in the shortest possible time.
In view of the extreme importance which your Government attaches to the safety of the lives and property of Japanese nationals in the territories evacuated by its troops, I venture to call Your Excellency’s attention to paragraph (5) of the resolution submitted to the Council on October 24, which recommends the two Governments ‘to appoint immediately representatives to settle the details relating to the carrying out of the evacuation and to the taking over of the evacuated territories, in order that these operations may be carried out in a regular manner and without delay.’”
It is requested that this note be regarded as confidential until Monday, November 2nd, when it will be made public.