740.0011 Four Power Pact/42
Memorandum by the Under Secretary of State (Phillips)
[
Washington
,] April 15, 1933.
The French Ambassador left with me this morning the accompanying memorandum
and “projet” in connection with the proposed Mussolini Four Power Pact; he
said that the views of the French Government had been presented
confidentially a few days ago to the British and Italian Governments and he
was very happy to place them now confidentially before this Government; he
felt that, in doing so, it was a token of “confidence” on the part of his
Government and a desire to keep the United States in touch with the
developments in connection with this proposal.
(After translation, I should be very glad to have these papers returned to
me.)
[Page 405]
[Enclosure—Translation]
Memorandum
30
The French Government appreciates fully the importance of the proposal
initiated by the Chief of the Italian Government on the 18th of March.
It recognizes the value that the closer cooperation of the four
neighboring powers may have for peace and the fact that their character
as permanent members of the Council confers upon them peculiar
responsibilities toward the League of Nations and its members and those
who have jointly signed the Locarno agreements. Having made the
reinforcement of the peace of Europe the unalterable goal of its policy,
the Government of the Republic is ready, in a spirit of well-disposed
frankness, to associate itself actively with every effort which it may
legitimately be hoped will contribute effectively to this result.
Such an effort must necessarily take place within the frame-work which
the engagements assumed by the four powers have provided for their
policies; the Locarno agreement; the pact of Paris; the declaration of
non-recourse to force proposed by the declaration of December 11, 1932,
and accepted by the political commission of the Disarmament Conference
on March 2nd; finally, and at the foundation of all engagements, the
covenant of the League of Nations.
If the strict observance of the covenant is a duty of all the members of
the League, it is applicable with peculiar force to the powers who are
permanent members of the Council; there can, therefore, be no question
of those powers detracting in any way whatever from the methods or the
procedures provided for by the charter of the League.
The latter guarantees to all states that no decision concerning them can
be taken unless they accept it. There could not be any question of the
four powers arriving at decisions which they might subsequently seek to
impose upon others. There can only be question of arriving at decisions
concerning themselves alone or of seeking in a general manner
procedures, improvements, or more exact interpretations (précisions) concerning one or other article of
the covenant for submission subsequently to the regular organs of the
League of Nations.
Besides, there cannot be question of an arbitrary choice between
articles. The bond which unites them cannot be separated. Article 19
offers the legal means, exclusive of recourse to force, of adapting
existing treaties to international situations, the maintenance of which
may be demonstrated as imperilling the peace of the world. This [Page 406] article and these
possibilities cannot be contested. But other principles which yield
nothing to this one in importance are affirmed by other articles. For
example, article 10 stipulates the obligation of maintaining the
territorial integrity of the members of the League against all external
aggression; article 16 provides for measures of an economic and military
nature against states which have recourse to war in violation of their
engagements. If one should assign to the collaboration of the powers
precise objects within the limits of the covenant, the care to assure
the full efficacy of these articles should not be less emphatically
required than that of permitting an eventual application of article
19.
The Government of the French Republic, moreover, cannot refrain from
emphasizing that by insisting in general terms on the principle of
revision there is risk of giving rise to hopes which it would be
subsequently impossible to satisfy and to awaken fears, which, even if
unjustified, would not fail to present an obstacle to the closer
relations of nations. It does not believe especially that, at a moment
when there is in progress in a part of Europe an evolution of minds and
of institution of which it is impossible to foresee the end, it is
proper to attempt such an experiment.
The Government of the Republic has given testimony by its acts of its
desire to see the success of the Disarmament Conference assured. The
cooperation of the four powers should have as its first effect to reduce
the opposition which has become manifest in their respective conceptions
(views). The declaration of December 11, 1932, has provided for the
concession to Germany of equality of rights in a regime assuring
security to all nations: this declaration retains its full effect. The
French Government is, moreover, happy to see that the Italian proposal
as well as the British proposal recalls that equality of rights can only
be realized by stages and in conformity with agreements which are to be
arrived at looking to this end. It is proper to add that these
successive stages can only be realized by a progressive disarmament to
the exclusion of all rearmament.
In presenting a draft convention31 which
embodies a part of the principles included in other proposals, notably
in the French proposal, and on which the general Commission has already
expressed itself, the British Delegation has furnished a practical basis
for discussion which should permit the Conference to arrive at a result.
The French Government will fully support the efforts which may be made
to this end, reserving to itself, however, just as other governments
have done and pursuant to the invitation itself of the British
representatives at Geneva, the right to propose such amendments or
modifications which appear to it to be indispensable.
[Page 407]
A policy of cooperation of the four powers would not be limited to
questions which fall within the province of the League of Nations. It
will apply naturally to all questions which are common to them; it
should also lead to consultation on all questions of common interest to
Europe, notably those which concern its economic recovery and which are
so pressing, it being understood that such a cooperation may not be
directed against any state whatever, that it should not exclude any
collaboration and that it should be coordinated with the efforts of this
kind already attempted by the European Union.
It is with the considerations which are given above in mind, that the
Government of the Republic, on the basis of the proposals of the British
and the Italian Governments, submits for their examination the draft
agreement, the text of which is appended to this memorandum.
[Subenclosure—Translation]
Draft of a Pact of Understanding and Collaboration
Between Germany, France, Great Britain, and Italy
32
Conscious of the peculiar responsibilities which their permanent
membership in the League of Nations Council imposes upon them toward the
League itself and its members, as well as of the responsibilities which
result from their common signature of the Locarno Agreements;
Convinced that the troubled state which reigns in the world can be
dissipated only by the strengthening of a solidarity capable of
reenforcing European confidence in peace;
Faithful to the engagements which they have assumed under the Covenant of
the League of Nations, the Locarno Treaties, and the Briand-Kellogg
Pact, and recalling the Declaration of Non-Recourse to Force, the
principle of which was adopted on March 2, 1933 by the Political
Commission of the Disarmament Conference;
Anxious to give full effect to all the provisions of the Covenant by
conforming to the methods and procedures which it sets up and which they
are not disposed to impair;
Recognizing the rights of each State which cannot be infringed without
the consent of the interested Powers;
Have agreed to the following provisions:
Article 1
The High Contracting Parties will consult as to all questions affecting
them and will endeavor to apply among themselves within the framework of
the Covenant of the League of Nations a policy of effective
collaboration with a view to the maintenance of peace.
[Page 408]
Article 2
The High Contracting Parties, bearing in mind the possible application in
Europe of the articles of the Covenant, and especially of Articles 10,
16 and 19, resolve to examine jointly, subject to the reservation that
decisions can only be made by the regular organs of the League of
Nations, all proposals designed to give full effect to the methods and
procedures provided in its articles.
Article 3
Renewing, as far as concerns them, their common declaration of December
11, 1932, the High Contracting Parties regard the present British Draft
Convention as a practical basis of discussion which must permit the
Disarmament Conference to elaborate as quickly as possible a convention
which will insure a substantial reduction and limitation of armaments
with provision for its subsequent revision with a view to a new
reduction. Germany, on her part, recognizes that equality of rights in a
system providing security for all nations can only be realized in stages
in conformity with Article 8 of the Covenant and in accordance with the
agreements which will be concluded to this effect.
Article 4
The High Contracting Parties affirm in a general sense their
determination to consult on all questions of common interest in Europe,
especially on all questions concerning the recovery of European economy,
the regulation of which, without becoming the object of procedure before
the League of Nations, can usefully be sought within the framework of
the Commission of Enquiry for European Union.
Article 5
The present Agreement is concluded for a duration of ten years, beginning
with the exchange of ratifications. If before the end of the eighth
year, none of the High Contracting Parties has notified the others of
its intention to terminate the Treaty, it will be regarded as renewed
and will remain in force without time limit, the Contracting Parties in
this case retaining the power to terminate it by a denunciation with two
years notice.
Article 6
The present Agreement shall be ratified and the ratifications thereof
exchanged as soon as possible. It will be registered with the
Secretariat of the League of Nations in accordance with the provisions
of the Covenant.
