500.A15A3/1824: Telegram

The Ambassador in the United Kingdom (Bingham) to the Secretary of State

445. From Atherton.16 By his request I called on Craigie this morning. He opened a somewhat lengthy discussion by informing me:

1.
Embassy’s 421, September 7, 7 p.m., Foreign Office has discussed with appropriate Japanese authorities here destroyer tonnage figures and ascertains that 11,099 is the maximum overage destroyer tonnage (over and above their treaty figure).
2.
Foreign Office doubts whether it would be equitable to attempt to solve this question on too legalistic a basis, particularly as article 21 of the London Naval Treaty was drafted with a view to construction of new tonnage by escalator power rather than retention of overage tonnage.
3.
As far as the Foreign Office is concerned, it would not see any objection, from naval or political viewpoint, to retention of 15,500 tons of old submarine tonnage by Japan, particularly as both United States and this country are retaining additional destroyer tonnage.
4.
There may be political objections to invoking escalator clause by Japan in the present circumstances (in particular invoking it against Soviet) but this is a matter primarily for Japan, and as a first step Foreign Office proposes to ask Japanese Government whether they are prepared to adopt United States suggestion. Should Japanese Government give negative reply, Foreign Office hopes it may be possible for the United States to agree to a settlement on the lines proposed by Japan; the United States retaining additional overage destroyers and submarine tonnage should the United States see fit.
5.
In reply to a query regarding the Hawkins class cruisers, I outlined my personal impressions after my talk in Washington17 (Department’s 317, August 25, 6 p.m.18) and Craigie expressed his appreciation of the explanation of my understanding of the American attitude.

Craigie then said that he was speaking to me in the strictest confidence, and then discussed the case for the detention of five “C” class cruisers, stressing that he hoped we would consider his remarks from the point of view of general policy and naval equity rather than from a legalistic point of view, and we agreed upon the following text as outlining his remarks, made to me in an attempt privately and unofficially to consult the United States Government: [Page 139]

  • “1. The general political situation has deteriorated in recent years more seriously than it was possible to predict in 1930 and the process has been further expedited since the question whether the escalator clause could be used to retain these cruisers was considered by His Majesty’s Government in the spring of the year. There has, in fact, been a complete change in the whole aspect of international affairs and a considerable general move throughout the world towards rearmament. It must be obvious to any thinking person, not only here but in the United States, that a situation is fast arising in which the scrapping of any serviceable ship becomes a serious matter for this country.
  • 2. Since the matter was considered last spring, it has been ascertained that Japan will only be obliged to dispose of three very old ships, the Tsushima, the Hirado and the Yahagi, instead of seven ships (including some of much more recent date) as had previously been believed. This has upset the argument which was used in Parliament, that we should lose more than we should gain by retaining our overage cruisers on the basis of Japan being allowed to do the same. (This situation has arisen because the Japanese will not have completed two new vessels—the Suzuya and the Kumano—which they had been expected to complete before the end of 1936.) Thus the mutual scrapping of overage cruisers with a view to reaching treaty limits can, as things stand, only react to Japan’s advantage.
  • 3. The 1930 Naval Treaty was drafted on the assumption, which at that time seemed reasonable, that it would be succeeded by another quantitative naval treaty in 1936; that there is now no hope of continuing the quantitative limitation of naval armament after December 31st next, is a fact which seems to justify as wide an interpretation as possible of article 22 [21] of the 1930 Treaty.
  • 4. It is becoming increasingly difficult to explain to public opinion in this country why, in view particularly of the United States of Europe,18a it should be necessary to scrap five reasonably serviceable cruisers at a time when it is the avowed policy of His Majesty’s Government to increase their cruiser strength up to 70 cruisers—a figure which has long since been notified to the United States Government. If we have to scrap the five “C” class cruisers, the number of our completed cruisers will by December 31st next, have dropped to 48 (including 13 overage), and this at a time of increasing tension.
  • 5. It is, therefore, desired to consult the United States Government privately and unofficially as to whether some way round this difficulty cannot be found without detriment to the interests of other countries. We are reluctant to attempt to invoke the escalator clause in this matter because, on a narrow interpretation of article 21, we must first be able to affirm that the ‘new construction’ by other powers is of a character materially to affect our national security. Whether our security has been so affected is a point on which there might, for certain technical reasons, be a divergence of view, and, pending any understanding on this matter with their cosignatories, His Majesty’s Government consider it of great importance to take no action which might conceivably be held to strain the obligations assumed by this country under the treaty.
  • 6. Looking at the matter from the political and naval rather than from the legal standpoint, it is suggested that the United States would suffer no disadvantage if these five old cruisers were to be retained by His Majesty’s Government on the following understanding:
    (a)
    Vessels would be retained for a maximum of 5 years.
    (b)
    They would be used not as cruisers but as antiaircraft ships, which would involve the substitution of a lighter armament.
    (c)
    If the Japanese Government were to ask for a quid pro quo, it is suggested that this should be limited to the retention of the three old vessels mentioned in paragraph 2 above.
    (d)
    It would, of course, be open to the United States Government to retain additional overage destroyer or submarine tonnage should they think fit, seeing that the United States has no overage cruisers due to be scrapped under the London Naval Treaty.
  • 7. Should the United States Government see no obection in principle to an arrangement of this kind, it would remain to decide what would be the best method of carrying it into effect. We should prefer a friendly agreement, reached quite independently of the escalator clause. Should this method prove unacceptable to the United States Government, the matter might perhaps be settled by adopting, after consultation with the United States and Japanese Governments, an interpretation of the escalator clause which would take into consideration the factors mentioned in paragraph 1, 3 and 4 above. In pursuance of this interpretation His Majesty’s Government would then formally notify the Governments of the United States and Japan that they consider themselves justified in retaining the five old cruisers.”

In agreeing to transmit the above I took great pains to point out to Craigie that we lacked power to modify any agreement which had been ratified by the Senate, which he said he realized, but that his Government hoped we should consider all the suggestions outlined herein, with, in view of my interpolation, particular reference to paragraph 7.

Under paragraph 4 Craigie stated for my confidential information that, because of recent experiences, by the end of this year certain existing cruisers would be in process of rearmament against airplane attack and the number of available cruisers would drop to something around 40. [Atherton.]

Bingham
  1. Ray Atherton, Counselor of Embassy.
  2. See Department’s instruction No. 1442, September 29, infra.
  3. Not printed.
  4. According to note No. LS 15/8 from the British Foreign Office, May 29, 1951, this phrase should read “in view particularly of the state of Europe.” (023.1/6–151)