793.94/7091
The Secretary of State to the Chairman of the Senate Committee on Foreign Relations (Pittman)
My Dear Senator Pittman: I acknowledge the receipt of your letter of June 20, 1935,3 referring for my consideration, recommendation and advice Senate Resolution 154,4 a copy of which was enclosed with your letter under acknowledgment, authorizing an examination by the Committee on Foreign Relations into the policy pursued by Japan in Manchuria and China proper.
On January 31, 1935, in response to an invitation from your Committee, to which there had been referred Senate Resolution 32, authorizing an examination “into the policy pursued by Japan in Manchuria with a view to determining whether such policy has violated [Page 279] any of the provisions of the Kellogg Peace Pact or the Nine Power Treaty”, I addressed to you a letter5 in which the attention of your Committee was drawn to Senate Document No. 55 of the Seventy-Second Congress, entitled “Conditions in Manchuria”, the published reports of the proceedings and findings of the League of Nations in regard to the controversy between China and Japan and to other relevant published documents and papers. It is believed that the various publications under reference contain sufficient material of fact and of opinion to indicate clearly the position taken by the United States and by virtually all other nations not party to the controversy in regard to the question whether actions in China of Japan on and after September 18, 1931, are consistent with the provisions of the Nine Power Treaty and the Kellogg Peace Pact outlined in the first and second paragraphs of the preamble of Senate Resolution 154.
Subsequent to the date of my letter above mentioned, there occurred in Manchuria developments held by the American Government and certain other governments to be irreconcilable with the obligation assumed by nations party to the Nine Power Treaty to refrain inter alia from seeking, or supporting their nationals in seeking, any arrangement which “is calculated to frustrate the practical application of the principle of equal opportunity”. The American Government, along with other interested governments, has affirmed to the Japanese Government that the establishment in Manchuria of an oil monopoly,6 or in fact of any monopoly, would contravene the provision above outlined of the Nine Power Treaty, as well as provisions of other relevant treaties. In view of the declarations made by the American Government and other interested governments to the Japanese Government in regard to the establishment of an oil monopoly, it is believed that no useful purpose would be served by an examination of the circumstances, as set forth in the third paragraph of the preamble of Senate Resolution 154, in regard to the establishment of such oil monopoly.
With reference to the allegations in regard to the present situation in North China referred to in the fourth paragraph of the preamble of Senate Resolution 154, it may be stated that the American Government has received information from the Chinese Government and from the Japanese Government, and it is in communication in regard to that situation with other interested governments. In view of the fact that the present situation is momentarily undergoing change, it is the considered view of this Department that an investigation at this time by the Senate of recent developments in North China would not [Page 280] be in the public interest of the United States. In relation to that situation, it should be borne in mind that the United States has on previous occasions made declarations to the Chinese and the Japanese Governments in support of the principles embodied in treaties to which this Government is party. These declarations remain in effect. The Department is attentively following the situation with a view to determining whether there is need for further action by this Government toward safeguarding the rights and interests in China of the United States and of its citizens and toward carrying out the treaty obligations of this Government.
I desire to reaffirm the opinion contained in paragraph III of my letter of January 31, 1935, to the effect that the question set forth in the resolution under reference does not concern exclusively the United States, but that it is also of concern to all nations having treaty rights and obligations in and with regard to China.
I assume that the Committee does not wish to make public this letter or any portion thereof. However, should the Committee desire to make this correspondence available to the public, I request that, prior to such action, I be given an opportunity to express my views in regard to such proposal.
Sincerely yours,