Foreign Relations of the United States, Diplomatic Papers, 1939, The Far East, Volume III

611.9431/177

The Acting Secretary of State to Senator Lewis B. Schwellenbach, of Washington

Washington, August 22, 1939.

My Dear Senator Schwellenbach: I refer to your letter of August 9, 1939,²⁴ in which with particular reference to your discussion of the Far Eastern situation on the floor of the Senate on August 2, 1939,²⁵ you adopt the thesis that the supplying by the United States of a large percentage of the war materials used by Japan in carrying on hostilities in China constitutes a violation of the Nine Power Treaty concluded in Washington in 1922,²⁶ and suggest that the executive department of the Government might stop shipments of such supplies under sections 238 and 245 of Title 22 of the United States Code, or, as an alternative, that business interests might be requested to desist from making such shipments.

Your detailed statement of August 2 in the Senate, and the further statement enclosed in your letter, have been read with care, and the Department offers comments as follows.

As you know, this Government attaches great importance to a scrupulous respect by all nations for international agreements, and this Department gives intensive consideration to every question affecting the interpretation of agreements to which the United States is a party, so that the courses of action which are adopted may be just and fair to all and clearly within the meaning and intent of the agreements.

With reference to your suggestion that sections 238 and 245 of Title 22 of the United States Code are applicable in the instant situation: This suggestion is apparently based upon an hypothesis that the shipment from the United States to Japan of “any arms or munitions of war, or other articles” is “in violation of law” in the sense that it constitutes a failure, under article 1, subparagraph 1 of the treaty of 1922, “To respect the sovereignty, the independence, and the territorial and administrative integrity of China”. Section 241 of Title 22 provides for the libel and condemnation of property seized under section 238. The sections, being of a penal nature, are properly to be strictly construed. The wording of the treaty is general. It contains no specification of an obligation such as you have in mind.

With reference to your alternative suggestion that business interests might be requested to discontinue making shipments of war materials to Japan: The Department, in July of last year, as you know, expressed to the manufacturers and exporters in this country of airplanes and aeronautical equipment²⁷ its disapproval of the export of aeronautical supplies to countries the armed forces of which are engaged in the bombing of civilian populations from the air. The Department’s representations to these manufacturers and exporters were based upon this country’s general and unreserved condemnation, to which this Government has given expression repeatedly in public utterances, of the bombing of civilian populations.—Both the Government and the people of this country deprecate the use of American products in the prosecution of military conquest, especially such as involves intensive and widespread attack upon civilian populations. It is believed, however, that suggestions that the procedure of the advisory action be extended and be employed in regard to a considerable number and variety of articles call for very careful study with weighing of many facts and factors.

The Department greatly appreciates your deep interest in the subject and will welcome at all times expressions of your views in regard to any phases of this Government’s foreign policy.

Sincerely yours,

Sumner Welles

24. Not printed.
25. Congressional Record, vol. 84, pt. 10, p. 10750.
26. Foreign Relations, 1922, vol. i, p. 276.
27. Letter of July 1, 1938, Foreign Relations, Japan, 1931–1941, vol. ii, p. 201.