793.94/2314: Telegram
The Consul at Geneva (Gilbert) to the Secretary of State
245. Yesterday evening Drummond and Yoshizawa had a conversation substantially as follows:
Drummond was shown by Yoshizawa the text of a telegram sent him by Tokyo. It explained the Japanese Government’s reasons for inability to accept any time limit for the evacuation of Japanese troops (the same reasons as set forth yesterday afternoon by Yoshizawa before the Council; see my 242, October 22, 6 p.m.) but stated the Government’s willingness to inform the Committee appointed by the [Page 300] Council of the result as evacuation and direct negotiations progressed. Yoshizawa expressed then his regret that, in view of what he considered a step forward taken by his Government, the Council had been presented with the resolution.
Drummond told Yoshizawa that he greatly regretted a satisfactory issue had not been reached in the negotiations between Briand and the Japanese. Briand’s proposal had as its entire object the modification by the Japanese Government of the “fifth point” in such a way as to bring it within the terms of the Council’s resolution of September 30, particularly the part applying to security. It was Briand’s position that the modification the Japanese suggested in the fifth point did not object to the foregoing purpose, and in view of this it was not possible to agree upon a recommendation of direct negotiations in advance of the evacuation. Thereupon Yoshizawa read the amended fifth point to Drummond as follows:18
“An undertaking on the part of the Chinese Government to fulfill the obligations which China owes to Japan under the provisions of the existing treaties between the two countries relating to railways in Manchuria.”
Drummond said in respect of this fifth point that the difficulty still remained. He added that he feared the entire matter had reached a stage in which it was now impossible to turn back to the stage of yesterday or the day before, because the new resolution had been published.
Drummond next took up with Yoshizawa the question of the Japanese Government’s meaning of the words “provisions of the existing treaties”. Did this, in other words, mean provisions of treaties mutually recognized or refer to treaties not accepted by the Chinese Government?
Yoshizawa declared he was unable to answer directly, but he thought the phrase applied, for instance, to the Peking protocol containing the provision that no railways competitive with the South Manchuria Railway should be built in China.19 In reply Drummond said he understood this protocol was disputed. Yoshizawa stated that this was the case, and there was also a dispute over the Chientao agreement concluded about 20 years ago and regarded by Japan as very important.20
Drummond stated then that, this being the situation, he saw no way to meet the position of Japan. He added that the only suggestion he could offer was for Yoshizawa to ask Sze in public whether [Page 301] China was prepared or not to fulfill the obligations it had undertaken under the terms of treaties which both parties recognized. If the Chinese representative answered affirmatively, then the Japanese Government would obtain an undertaking giving effect to the fifth point of Japan. If there then arose the question of the validity of certain treaties, recourse could be had by Japan to the Hague Court. Yoshizawa replied to this that he was afraid his Government would be disinclined to take such a matter before the Hague Court.
Drummond drew attention then to the terms of the resolution as made public (my 242) and stated that Yoshizawa would note the inclusion in the resolution’s first three articles of the first four points of the Japanese demands. As to the fifth point of Japan, the resolution included a recommendation to study it immediately upon completion of Japanese evacuation. Thereupon Drummond reiterated his suggestion that Yoshizawa question Sze in the sense already indicated.
In regard to the above, Yoshizawa said he feared his Government, which was very firm, probably had said its last word on this subject. If, moreover, the meeting were held the next afternoon, there would hardly be time to consult with his Government.
To this Drummond replied that, if it were merely a question of consulting his Government, the Council, he felt sure, would be ready to give Yoshizawa a little more time, as it had done for Sze.
Drummond reiterated then to Yoshizawa that the matter had now gone beyond the stage where the proposal made by Briand (see paragraph (4) of my 240, October 22, 9 a.m.; no full text was transmitted because this project was dropped prior to decision on its wording) was still open for the Japanese Government’s acceptance, since the new resolution had been presented. Things would have been easy if the Japanese Government could have dropped the fifth point, but apparently Japan was willing neither to drop this point nor to modify it in the sense proposed by Briand. Yoshizawa’s only reply was that what had been said would receive his consideration.
- Telegram in two sections.↩
- Quotation not paraphrased.↩
- See League of Nations, Report of the Commission of Enquiry (Geneva, 1932), pp. 43–44.↩
- For text of agreement between China and Japan relating to Chientao, signed September 4, 1909, see Foreign Relations, 1909, p. 119.↩