793.94/4239: Telegram

The Chargé in Great Britain (Atherton) to the Secretary of State

69. Following are the observations on your draft declaration offered by Sir John Simon which I read to you on the telephone this evening:

  • “1. In paragraph 4 the British Government ventures to depreciate the prominent position given to the Manchurian aspect of the matter on the following grounds: One of the objects of the document is to exercise the most effective restraining influence on Japan. A solemn warning in respect of Shanghai is the most potent way of doing this. [Page 361] If Manchuria is put in the forefront, the result must be to harden the attitude of Japan towards the Shanghai problem also. Protests have already been made about Manchuria. The United States has already reserved its rights by a formal communication on exactly the same lines as it now proposes to do at the end of the present document, and Britain has already taken collateral action in reference to Manchuria in a different form. Manchuria is the immediate subject matter of the commission appointed by the League, to which appointment Japan has assented, and the commission is about to enter on its work on the spot. Would it not therefore be better, on every ground, instead of making Manchuria the head and front of the new representation, to base the present declaration primarily on Japan’s action and declared intentions in Shanghai and elsewhere in China proper, putting aside Manchuria with the observation that this has already been dealt with and the views of the powers are on record? It seems to the British Government that this is more likely to secure some real consideration for the main thesis of the new document.
  • 2. If this view is adopted, paragraph 3 would need to be recast. In any event it seems to His Majesty’s Government that it is not so much the events in Manchuria which have produced fear of a wider conflict, so much as events connected with the International Settlement.
  • 3. In any event would it not be well to include in paragraph 4 a specific reference to the special dangers involved in the Japanese operations at or in the neighborhood of the International Settlement? The point is a powerful one that the International Settlement is an area where many powers have equal rights. The other signatories of the Nine-Power Treaty who are concerned in the Settlement have no responsibility for the perilous situation which has arisen; the lives and property of nations which are at complete peace with China and Japan are in jeopardy; the responsibility for injury done must rest upon those who are disturbing the peace of the Settlement.
  • 4. Paragraph 6 is strictly in line with the formal declaration which it is believed that the Council of the League is likely to make and deliver to Japan either today or tomorrow (the final paragraph of the League declaration is as follows: ‘finally, we recall the terms of article 10 of the Covenant by which Japan, no less than every other member of the League, has undertaken to respect and preserve as against external aggression the territorial integrity and existing political independence of all members of the League. It is our friendly right to direct attention to this provision, particularly as it appears to us to follow that no invasion of the territorial integrity and no change in the political independence of any member of the League brought about in disregard of this article ought to be recognized as valid and effectual by members of the League of Nations’).
  • 5. The above comments on the American draft are made at Mr. Stimson’s request and are proffered merely as tentative criticisms. It is a matter thoroughly understood that the question whether other powers could join in the American document is still in suspense. Sir John Simon has already told Mr. Stimson how keenly the British Government wishes to keep in close cooperation with America over the whole field of the Far Eastern crisis and he is hopeful that the [Page 362] adherence of the powers now at Geneva to the declaration proposed to be made by the Council of the League on Wednesday, might predispose those of them who are signatories to the Nine-Power Treaty to associate themselves with the American démarche also.[”]

Atherton