793.94/2577: Telegram

The Consul at Geneva (Gilbert) to the Secretary of State

292. I had a long conversation with Drummond yesterday, Sunday, at noon regarding the situation presented by the Japanese reply to Briand’s letter of October 29 (Consulate’s 270, October 31, 9 a.m.). The text of the Japanese reply dated November 7 is as follows:

  • [“1.] I have the honor to acknowledge the receipt of Your Excellency’s note of October 29 in which you were so good as to make certain observations on declaration of Japanese Government of October 26 in connection with Manchurian incident. Having referred to Tokyo your communication under acknowledgement I am now charged to assure you that my Government have submitted it to their most serious consideration and that they highly appreciate your sympathetic concern in the present situation in the interest of international peace and good will and understanding.
  • [2.] I am further instructed to express entire concurrence of my Government in Your Excellency’s remark that resolution adopted by Council of the League of Nations on September 30 remains in full force. Japanese Government are determined to carry it out in letter and in spirit and they reaffirm their earnest desire to proceed to withdrawal of Japanese troops to railway zone with minimum of delay.
  • 3. But resolution of September 30 consecrates principle that effective security must at the same time be assured for lives and property [Page 398] of Japanese subjects and in state of tension which at present unfortunately exists it is impossible to hope that withdrawal of Japanese forces would immediately give place to regime of settled peace and order under Chinese auspices. Japan and China would simply be exposed to speedy recurrence of untoward incidents. There can be no security for foreign residents where hostile agitation against them is allowed to proceed, where efficient protection to them in their peaceful pursuits is denied [by] local authorities or where their treaty rights are systematically ignored. Having regard to actual conditions in Manchuria the Japanese Government have regretfully been brought to conclusion that dangers involved in precipitate recall of Japanese troops could not be averted by measures of supervision such as are recommended in opposed resolution of October 24th referred to in Your Excellency’s note under review.
  • 4. It is pointed out in your note that first four points of five fundamental principles mentioned in Japanese declaration of October 26th are virtually embodied in proposition of October 24th.
  • Your Excellency, however, will no doubt perceive that terms of proposition are not sufficiently explicit or comprehensive to cover all implications of four points in question. As regards final point, viz., guarantee of respect for Japanese treaty rights in Manchuria, terms of letter addressed to you on October 24th by Chinese representative seem to give rise to doubt whether it is in contemplation of Chinese Government to call in question validity of some of treaties constituting basic embodiment of relations between Japan and China. It may be needless to state that Japanese Government could not for a moment entertain such contention. Nothing can be more destructive of established order of the whole world than to permit any power to challenge binding force of treaties concluded with all solemnity of international usages. Japanese Government trusts that they have made it clear that five fundamental principles mentioned in Japanese declaration of October 26 are no more than those that are commonly observed in intercourse of ordered communities with one another. Unless and until arrangement is reached between Japan and China on bases of those principles no measure of security for lives and property of Japanese subjects sufficient to enable withdrawal of Japanese forces to railway zone can possibly be assured. Japanese Government believe that course of procedure now indicated is in entire agreement with resolution of Council of September 30. It is far from their thoughts to insist on final adjustment of whole series of pending questions between Japan and China as condition precedent to withdrawal of troops. All that they urge upon China for the present is frank recognition by direct negotiations between the two countries of fundamental principles that should govern normal relations between any two nations. Such accord will be a long step toward replacing present tension by sense of stability between peoples of two countries whose interest is to be on best of terms.”

The following are the essential points of Drummond’s views respecting the foregoing and the situation now presented.

  • [Paraphrase.] (a) In spite of the Japanese protestations, their position as set forth in the foregoing note is not within the scope of the Council’s September 30 resolution.
  • (b) Aside from the contentions repeatedly made by the Japanese that their activities in Manchuria constitute no acts of war, nevertheless they have violated the spirit and the terms of the Kellogg Pact, especially article II; the League Covenant, especially article 10, and above all the Nine-Power Treaty of 1922.
  • (c) Responding to Drummond’s inquiry as to whether Briand contemplated replying to the Japanese note, Briand said that, things being as they were now, he would not reply. He did not see that anything could be done save to let the situation remain as at present until November 16.
  • (d) Drummond inquired of Briand if he would ask the Japanese which treaties were referred to in their note. Briand answered that he felt it would not be wise at present to do so. While discussing this point with me, Drummond remarked he was not at all certain that Briand was right not to address such an inquiry at this time to the Japanese, but he had left the decision to Briand.
  • (e) I was asked by Drummond whether I thought it might be useful, in view of the changes brought about in the situation by this development in Japan’s position, for the United States to make public its memorandum of November 5 to the Japanese Foreign Office. Drummond said that Japanese public opinion possibly did not realize the situation’s seriousness and that such action might awaken it. I told Drummond that my Government unquestionably was being kept well informed by its sources in Tokyo concerning this and other phases of the situation and that my Government of course was considering all aspects of the matter. I said I would, however, transmit his observations to you. [End paraphrase.]
Gilbert