500.A15A5/710: Telegram

The Chairman of the American Delegation (Davis) to the Secretary of State

129. Under present prospects, it will probably take approximately 10 days more to complete the naval treaty and we will, therefore, not be able to get a signed text into your hands before the end of the month. This raises the question as to whether it will be possible to obtain ratification of the treaty during the present session of Congress.

We consider it of the greatest importance that the treaty be ratified so that it come into effect on January 1, 1937. As you are aware certain important provisions of the treaty as now drafted depend upon its coming into force not later than the end of this year. The Washington and London Treaties, moreover, will come to an end on December 31, and it would be most unfortunate if there were to be an interval of perhaps several months in which no naval treaty whatsoever would be in effect.

At any rate, I believe it would have a very undesirable effect if the coming into force of the treaty were to be held up through a delay in ratification on the part of the United States. In particular, it would tend to discourage the adherence of Japan which is unlikely to sign the treaty before it has been ratified by us. In this connection, it should be borne in mind that the agreement as to 14-inch guns on capital ships is conditional on Japan’s entering into a similar undertaking prior to January 1.

I do not know when Congress is expected to adjourn or whether you consider it possible to obtain ratification during the present session but I suggest that the President may, in the circumstances, wish to examine the possibility of asking the Congress not to adjourn until the Senate has taken final action on the treaty, or alternatively, the amendment calling a special session of Congress as in the case of the 1930 treaty.

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I should appreciate receiving an early estimate of the prospects, since if it is regarded as unlikely that ratification can be obtained before the end of the year, we shall have to explore ways and means of meeting this difficulty as far as possible.

This situation has been envisaged and the reports, both of the Qualitative Limitation Subcommittee and its Categories Subcommittee, point out that “the draft text has been drawn up to meet the situation should the treaty come into force on January 1, 1937. Should the treaty come into force on any other date alterations will be necessary to the text now proposed to meet the situation then arising and some transitional arrangements will be necessary to bring into force for the year 1937 provisions for advance notifications and exchange of information.”

I cannot too strongly urge the desirability of our ratifying the treaty before the end of the year.

Davis