511.4C1/53

The Secretary of State to the Ambassador in Japan ( Grew )6

No. 167

Sir: Ratification of the convention signed at St. Germain-en-Laye on September 10, 1919, revising the General Act of Berlin of February 26, 1885, and the General Act and Declaration of Brussels, of July 2, 1890, was advised and consented to by the Senate of the United States on April 3, 1930, and the convention was ratified by the President on April 11, 1930, both the advice and consent to ratification and the ratification being “subject to the understanding that, in the event of a dispute in which the United States may be involved arising under the convention, such dispute shall, if the United States so requests, be submitted to a court of arbitration constituted in accordance with the convention for the pacific settlement of international disputes, signed at The Hague on October 18, 1907,7 or to some other court of arbitration.”

The convention provides in Article 15 that the ratifications thereof shall be deposited with the French Government. When the instrument of ratification of the convention by the United States was offered for deposit to the French Government by the American Ambassador at [Page 980] Paris that Government refused to receive the deposit on the ground that as the understanding to which the ratification was made subject involved a modification of an article of the convention, it was necessary first to obtain the acquiescence of the other signatory powers to that understanding, which, it was stated, the French Government would request.

This Government has been informed by the French Government through the American Embassy at Paris that in addition to the French Government the British, Belgian, Italian, Japanese and Portuguese Governments and the Governments of the Union of South Africa, Australia and New Zealand have signified their acceptance of the understanding, leaving only Canada and India to be heard from. It is stated, however, that the acceptance of the understanding by Japan is under the reserve that certain legal formalities will have to be complied with before its final consent can be given.

The convention provides that it will come into force for each signatory power from the date of the deposit of its ratification, so that, as the ratification of the United States has not yet been deposited, the convention has not come into force in respect of the United States.

For your own information it may be stated that there are several reasons why it is deemed desirable that the United States should be a party to this convention. These reasons are set forth in the report made by Secretary of State Kellogg to the President on May 22, 1928, which is printed in Senate Confidential Document N, 70th Congress, 1st Session, as is a translation of the text of the convention. A copy of this document is enclosed for your own information merely.

What the legal formalities which stand in the way of Japan giving its final consent at this time may be was not stated but whatever they are it is hoped that they may be met with as little delay as possible, and the Department will be pleased if you may be able, in an informal and unofficial way, to induce expedition of action by Japan.

Very truly yours,

For the Secretary of State:
James Grafton Rogers
  1. Similar instructions were sent on January 9 and 10, respectively, to the Chargé in Canada (No. 805) and to the Chargé in Great Britain (No. 349).
  2. Foreign Relations, 1907, pt. 2, p. 1181.