711.5112France/248: Telegram
The Secretary of State to the Ambassador in France (Herrick)23
101. Department’s 100, April 9, 4 p.m.24 Following is text of note to British, German, Italian and Japanese Governments and text of draft treaty to be transmitted therewith.25 Please repeat immediately to London, Berlin and Rome. Note begins: [Page 22]
“As Your Excellency is aware, there has recently been exchanged between the Governments of France and the United States a series of notes dealing with the question of a possible international renunciation of war. The views of the two Governments have been clearly set forth in the correspondence between them.
The Government of the United States, as stated in its note of February 27, 1928, desires to see the institution of war abolished and stands ready to conclude with the French, British, German, Italian and Japanese Governments a single multilateral treaty open to subsequent adherence by any and all other Governments binding the parties thereto not to resort to war with one another.
The Government of the French Republic, while no less eager to promote the cause of world peace and to cooperate with other nations in any practical movement towards that end, has pointed out certain considerations which in its opinion must be borne in mind by those Powers which are members of the League of Nations, parties to the Treaties of Locarno, or parties to other treaties guaranteeing neutrality. My Government has not conceded that such considerations necessitate any modification of its proposal for a multilateral treaty, and is of the opinion that every nation in the world can, with a proper regard for its own interests, as well as for the interests of the entire family of nations, join in such a treaty. It believes, moreover, that the execution by France, Great Britain, Germany, Italy, Japan and the United States of a treaty solemnly renouncing war in favor of the pacific settlement of international controversies would have tremendous moral effect and ultimately lead to the adherence of all the other governments of the world.
The discussions which have taken place between France and the United States have thus reached a point where it seems essential, if ultimate success is to be attained, that the British, German, Italian and Japanese Governments should each have an opportunity formally to decide to what extent, if any, its existing commitments constitute a bar to its participation with the United States in an unqualified renunciation of war. In these circumstances the Government of the United States, having reached complete agreement with the Government of the French Republic as to this procedure, has instructed me formally to transmit herewith for the consideration of your Government the text of M. Briand’s original proposal of last June, together with copies of the notes subsequently exchanged between France and the United States on the subject of a multilateral treaty for the renunciation of war.
I have also been instructed by my Government to transmit herewith for consideration a preliminary draft of a treaty representing in a general way the form of treaty which the Government of the United States is prepared to sign with the French, British, German, Italian and Japanese Governments and any other Governments similarly disposed. It will be observed that the language of Articles I and II of this draft treaty is practically identical with that of the corresponding articles in the treaty which M. Briand proposed to the United States.
The Government of the United States would be pleased to be informed as promptly as may be convenient whether Your Excellency’s Government is in a position to give favorable consideration [Page 23] to the conclusion of a treaty such as that transmitted herewith, and if not, what specific modifications in the text thereof would make it acceptable.” Note ends.
Draft treaty to be transmitted with note begins:
“Draft of Suggested Treaty
The President of the United States of America
The President of the French Republic
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India
The President of the German Empire
His Majesty the King of Italy
His Majesty the Emperor of Japan
Deeply sensible that their high office imposes upon them a solemn duty to promote the welfare of mankind;
Inspired by a common desire not only to perpetuate the peaceful and friendly relations now happily subsisting between their peoples but also to prevent war among any of the nations of the world;
Desirous by formal act to bear unmistakable witness that they condemn war as an instrument of national policy and renounce it in favor of the pacific settlement of international disputes;
Hopeful that, encouraged by their example, all the other nations of the world will join in this humane endeavor and by adhering to the present treaty as soon as it comes into force bring their peoples within the scope of its beneficent provisions, thus uniting the civilized nations of the world in a common renunciation of war as an instrument of their national policy;
Have decided to conclude a treaty and for that purpose have appointed as their respective Plenipotentiaries
- The President of the United States of America
- The President of the French Republic
- His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India,
- The President of the German Empire
- His Majesty the King of Italy
- His Majesty the Emperor of Japan
who, having communicated to one another their full powers found in good and due form have agreed upon the following articles:
Article I
The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another.
Article II
The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.
[Page 24]Article III
The present treaty shall be ratified by the High Contracting Parties named in the Preamble in accordance with their respective constitutional requirements, and shall take effect as between them as soon as all their several instruments of ratification shall have been deposited at . . . . . . .
This treaty shall, when it has come into effect as prescribed in the preceding paragraph, remain open as long as may be necessary for adherence by all the other Powers of the world. Every instrument evidencing the adherence of a Power shall be deposited at . . . . . . . and the treaty shall immediately upon such deposit become effective as between the Power thus adhering and the other Powers parties hereto.
It shall be the duty of the Government of . . . . . . . to furnish each Government named in the Preamble and every Government subsequently adhering to this treaty with a certified copy of the treaty and of every instrument of ratification or adherence. It shall also be the duty of the Government of . . . . . . . telegraphically to notify such Governments immediately upon the deposit with it of each instrument of ratification or adherence.
In faith whereof the respective Plenipotentiaries have signed this treaty in the French and English languages, both texts having equal force, and hereunto affix their seals.
Done at . . . . . . . the . . . . . . . day of . . . . . . . in the year of our Lord one thousand nine hundred and twenty . . . . . . .” Draft treaty ends.