511.4C1/55
The Secretary of State to the Ambassador in Japan (Grew)
Sir: The receipt is acknowledged of your despatch No. 299 of February 23, 1933,9 in reply to the Department’s instruction No. 167 January 9, 1933, in which you were requested to endeavor, in an informal and unofficial way, to induce expedition of action by Japan [Page 981] in respect of the legal formalities which this Government was informed by the French Government would have to be complied with before the Japanese Government could give its acceptance of the understanding stated in the ratification of the United States of the convention of September 10, 1919, revising the General Act of Berlin of February 28, 1885, and the General Act and Declaration of Brussels of July 2, 1890.
The formal memorandum of the Japanese Foreign Office which you enclosed is merely confirmatory of the information furnished by the French Government and, like the French information imparts no knowledge of the nature of the legal formalities and indicates no information regarding intended action by the Japanese Government.
It appears, however, from your report of the informal discussion of the matter with the chief of the Treaty Bureau of the Department of Foreign Affairs that the American reservation would probably have to be referred to the Privy Council; that the Minister for Foreign Affairs has no objection to doing this, but desires “for the record” a specific request that Japan accept the reservations; and that the Japanese Government would prefer to have this request come through the French Government as depositary of the instruments of ratification. It is necessary therefore, you state, that the French Government be asked to approach the Japanese Government formally and to request it on behalf of the United States to ask that Japan accept the reservation or understanding subject to which the Senate advised and consented to ratification by the President.
In respect of this it is to be stated that it is the view of this Government that the French Government, having brought the American understanding to the knowledge of the Japanese Government, as it did to the knowledge of all the other signatory Governments, and having later inquired, as the Department understands, as to the intention of Japan in regard to it, has done all that it is called upon to do as the depositary of the original convention, and that it is no part of the duty of the French Government as depositary to request the Japanese Government to accept the understanding; and the Government of the United States would hesitate to make such a request of it.
The French Government has made no such request of the other signatory governments and no reason is seen why it should make the request of the Japanese Government.
The understanding which was made a part of the ratification by the United States, of course, does not in any way detract from the fulfillment of the object of the convention. This fact has been recognized by all the signatory governments, in that all except Japan have accepted the understanding and the Japanese Government has no objection [Page 982] in principle to its acceptance. It appears that only a matter of procedure in Japan is keeping the convention from becoming fully effective for the accomplishment of the purposes sought by all the signatory governments.
It is, therefore, desired that, availing yourself of the facts reported to you in the Department’s instruction No. 167 of January 9, 1933, you take the matter up with the Japanese Government officially and inquire of the Minister for Foreign Affairs, as by instruction of your Government, whether the Japanese Government might not be in a position to submit the matter to the Privy Council and to take any other legal action that may be required by Japanese procedure to accept the understanding, especially in view of the statement made both by the French Government and by the Japanese Foreign Office that the Japanese Government has no objection to the understanding in principle.
It is possible that the note from you officially taking the question up with the Foreign Office may meet the Japanese desire for a specific request that the American reservation be accepted.
Very truly yours,
- Not printed.↩