793.94/2510

Memorandum by the Secretary of State of a Conversation With the French Ambassador (Claudel), November 4, 1931

I had requested the French Ambassador to come in; when he came, I told him that yesterday I had made representations, through my Embassy at Tokyo, to the Japanese Government in regard to the situation [Page 369] in Manchuria and I handed the French Ambassador the annexed aide-mémoire to explain to him what had been done. He read it over and as I found there was some danger of him misunderstanding exactly the nature of the representations which had been made in Tokyo, I read to him in full the memorandum which had been sent to Tokyo to be made the basis of its representations. I told the French Ambassador when he read this memorandum that it was to be given to the Japanese Government; after he read it he said he thought it was a strong memorandum. I told him that I had spent many days in trying to soften this language so as not to be deemed harsh. I explained to Mr. Claudel particularly that I had not made to the Japanese the suggestion which is contained on the third page of the aide-mémoire as to the presence of neutral observers in the negotiations. I explained to him that I had refrained from making any such suggestion because I wished to leave it to Monsieur Briand and not in any way to cross wires with him. I explained to Mr. Claudel several times so as to avoid any possible misunderstanding of the gist of the representations which were made to Japan. He noted that we had not mentioned the time limit. I said we had not done so because we had doubts as to whether it was wise on the part of the Council to impose any time limit. He seemed to feel himself the same doubt. I pointed out, however, that we had taken no position in our representations one way or the other on that point. I emphasized to him verbally the importance that a ladder should be found for the Japanese to climb down on in case of a deadlock on the point which we emphasized in our memorandum and he asked me whether we had any precedents for this suggestion of a ladder. I told him that the presence of neutral observers had been very useful in the case of the negotiations between China and Japan over Shantung. He asked me what nationality the observers were. I told him that I believed that one observer had been an American; I was not sure of the others but thought that one had been British and possibly one French.

H[enry] L. S[timson]
[Annex]

Aide-Mémoire Handed to the French Ambassador (Claudel), November 4, 1931

I have directed the American Ambassador at Tokyo to make representations to the Foreign Minister intended to show the concurrence of the American Government with the position of the Council of the League of Nations with respect to the point which we deem to be most essential in the present situation, namely, that the Japanese Government should not make its withdrawal into the railway zone [Page 370] contingent upon the prior negotiations with China as to the mutual treaty rights of China and Japan in Southern Manchuria and in the Southern Manchurian Railway. We feel that should Japan persist in its contention, which its representative made at the Council in respect of this matter, it might well be deemed to be equivalent to the use of military pressure by Japan in order to force a solution of certain longstanding controversies which have no immediate relation to the present situation in Manchuria. If this course were persisted in, it might well be deemed to be a violation of the covenant of the Briand-Kellogg Pact to seek the solution of controversies only by pacific means and it might also possibly become a violation of the covenant of the Nine Power Treaty to respect the integrity of the administration of China in Manchuria.

It seems to us that this point constituted the most important question in the recent discussion before the Council over the resolution of October 24 and we have therefore concentrated our attention on this point.

I fear that Japan will not withdraw her forces before the 16th of November, the day set by the Council, and from some of the reports sent me by my own observers, I am inclined to believe that in case of certain towns in Manchuria now occupied by Japanese troops, it might well be impossible to withdraw those troops at so early a date without the likelihood of serious disorders. It may even be that Japan will not yield on the point which we have stressed in our recommendations. She may not be willing to withdraw her troops entirely before negotiations on the broader questions are actually entered into. Should this unfortunate situation arise, we have been earnestly considering what steps might be taken to furnish an alternative suggestion which might accomplish ostensibly the necessary result of preserving these negotiations from military pressure. It has seemed to us, that in case the League is faced with such a deadlock, Monsieur Briand might well resort to the suggestion that the direct negotiations between China and Japan should be conducted in the presence of neutral observers taken from one or more of the other nations. Such a method was adopted in the negotiation between China and Japan in respect to the evacuation of Shantung with success. I have made no such suggestion to the Chinese or Japanese in this case because I have deemed it most important not to run any risk of conflicting with the negotiations which have been conducted so skilfully by Monsieur Briand. Now having made the effort to support the position and the negotiations conducted by Monsieur Briand and the Council, I venture to make to Monsieur Briand this suggestion as a compromise for him to use in case of ultimate deadlock.

H[enry] L. S[timson]