893.51 Salt Funds/127

The Ambassador in Great Britain (Mellon) to the Secretary of State

No. 174

Sir: I have the honor to forward herewith a copy of a statement of views, set forth in a letter to me from Sir John Simon, regarding the recent developments in the Manchurian Salt Gabelle, referred to in the Department’s telegraphic instruction No. 156, May 27, 4 p.m.,72 and my telegram No. 189, May 31, 11 a.m. I have been informally advised by Sir John that he has delayed forwarding me the enclosed statement until he had read the State Department’s memorandum regarding evidence of Japanese initiative in the creation and practical control of the new administration of the State of Manchukuo73 (See Department’s confidential instruction No. 51, May 31, 193272), the contents of which, however, he has stated, in his opinion, do not affect the conclusions he has formulated in his note to me.

Respectfully yours,

(For the Ambassador)
Ray Atherton

Counselor of Embassy
[Enclosure]

The British Secretary of State for Foreign Affairs (Simon) to the American Ambassador (Mellon)

Dear Mr. Mellon: In our interview on the 30th May I promised that I would send you a note containing my considered views on the question of recent developments in the Manchurian Salt Gabelle in relation to Japan’s obligations under the Nine Power Treaty.

You will remember that on March 12th the United States Government raised the question of the integrity of the Chinese Customs Administration and proposed that we should join in filing objections and reservations based on Article 2 of the Nine Power Treaty which in their view would forbid the Japanese Government to institute or instigate an independent Customs Administration in Manchuria. On the [Page 109] 4th April Mr. Atherton called at the Foreign Office and was informed of the reasons why His Majesty’s Government deprecated taking the action suggested. These were briefly that Japan had not in fact instituted or instigated an independent Customs Administration in Manchuria and that if representations were made it seemed more logical that they should be made on the ground that Japan had instigated the establishment of an independent state of Manchuria.

When Mr. Stimson discussed this question again with me at Geneva at the end of April the position with regard to the Customs Administration remained unchanged but telegrams had just been received to the effect that the Salt Gabelle had in fact been disrupted and our information appeared directly to incriminate the Japanese Advisers attached to the Salt Transportation Office in Manchuria. I therefore suggested to Mr. Stimson in my letter to him of April 30th74 that the action of the Manchurian authorities in regard to the Salt Gabelle might offer a better ground for representations and I promised that I would look very carefully into the possibility of making such representations when I got back to London.

The foreign interest in the Chinese Salt Gabelle dates from 1913 when the salt revenue w;as made the security for a large international loan under an agreement which placed a definite responsibility for the service of the loan on the foreign Associate Director General and which gave to the group of lending banks the custody of and a lien upon the whole salt revenue. In 1928, by the unilateral act of the Chinese Government, this agreement was abrogated, the functions and responsibilities of the group banks and of the Associate Director General were terminated and a new system of Provincial loan quotas were instituted. This led to a joint statement by the interested Governments protesting against the action of the National Government in varying by unilateral action the terms of international agreements and placing full responsibility on that Government for the liquidation of all loans secured on the salt revenue whether the new scheme should be successful or not. Since 1928 therefore there has no longer been such a foreign interest as would support a protest against interference with the Salt Gabelle. Any representations that might be made would have to be based solely on the ground that, as I stated in my letter to Mr. Stimson of April 30th, the disruption of the Salt Gabelle constituted such a breach of the administrative integrity of China as was contemplated in Article 1 of the Nine Power Treaty.

On consulting our Ambassador in Tokio and our Minister in Peking, I found that they had both independently formed the opinion that it would be unwise to raise the question of the Nine Power Treaty in connection [Page 110] with a subsidiary question such as the Salt Gabelle. They considered that if any representations were made to Japan they should be in relation to the whole structure which has been set up under her auspices in Manchuria, but they doubted whether the present was the right moment for taking action. I gather that substantially the same views are held by the United States representative in Tokio.

In the face of these arguments, the force of which I recognise, I am more and more impressed by the objections to which I now see my earlier suggestion is open. I have come round to the view that if we are to make representations regarding Japan’s obligations under the Nine Power Treaty it is desirable that the other signatories to the Treaty, particularly France and Italy, should be asked to join in our démarche. I feel sure that they would share the view that no advantage is to be gained by preliminary nibblings at subsidiary points such as the Salt Gabelle, but that the best course is at the proper moment to face the main issue from which these lesser issues all proceed, namely, the setting up of an independent state of Manchuria.

As for when, if at all, this should be done, a special difficulty that confronts those States that are also members of the League of Nations is that until the League’s commission has reported it would be difficult to prejudge the issue. The Commission also includes an American member and this difficulty, though it perhaps does not affect your Government to the same extent, would seem to arise in your case also.

To sum up, everything seems to point to the conclusion that the wisest course would be to defer representations under the Nine Power Treaty until the Lytton Commission has presented its report. The report may contain material on which it would be wise to base representations and it would in that case also provide an admirable opportunity for coordinating the action of the League of Nations with that of the United States of America. This would be an impressive demonstration of the solidarity of world opinion and it would I think be a pity to spoil the effect by taking half measures before the time is ripe.

I hope that Mr. Stimson will feel able to share these views.

Believe me [etc.]

John Simon
  1. Not printed.
  2. See footnote 32, p. 44.
  3. Not printed.
  4. Vol. iii, p. 738.