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possible for one country to abolish submarines and leave any other country free to build and operate them. The United States would be willing to sign a treaty with all the powers of the world prohibiting the use of submarines entirely. I suggest, therefore, that the Resolution be amended to read as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the opinion of the Congress of the United States that all nations of the world should unite in prohibiting the use of submarines and discontinuing the construction thereof in every country.

That the Government of the United States continue to use efforts to bring about these results.

Very sincerely yours,

FRANK B. KELLOGG

SPECIAL COMMISSION FOR THE PREPARATION OF A DRAFT CONVENTION ON THE PRIVATE MANUFACTURE OF ARMS AND AMMUNITION AND OF IMPLEMENTS OF WAR, SECOND AND THIRD SESSIONS" 500.A16/36: Telegram

The Minister in Switzerland (Wilson) to the Secretary of State

BERNE, July 17, 1928—noon. [Received 3:19 p. m.] 72. Circular C. F. A. 15, dated July 15, relating to private manufacture just received.

"The Chairman of the Special Committee has the honor to inform the members of the Committee that its second session will open at Geneva on Monday, August 27, 1928, at 11 a. m. Provisional agenda: Drafting of a single text for draft convention."

WILSON

500.A16/43

The Secretary of State to the Minister in Switzerland (Wilson)

No. 276 WASHINGTON, August 9, 1928. SIR: With reference to the Department's instruction No. 274 of August 3, 1928,54 designating you to attend the second session of the Special Commission for the Preparation of a Draft Convention on the Private Manufacture of Arms and Ammunition and Implements of War, which is to meet at Geneva on August 27, 1928, there is transmitted herewith the text of a draft convention on this subject, prepared with the cooperation of the War and Navy Depart

For correspondence concerning the first session of the Special Commission, see Foreign Relations, 1927, vol. 1, pp. 213 ff.

"Not printed.

ments, and intended to serve as a possible basis for an agreement acceptable to this Government.

It should be clearly understood that any draft convention adopted must provide for the same degree of publicity for state manufacture as for private manufacture, and that any convention which establishes a régime of supervision, control, or inspection will not be acceptable to the United States.

Inasmuch as this Government's position with regard to questions to be considered by the Commission is clearly set forth in its instruction No. 598 of February 28, 1927,55 and may also be determined from a study of the enclosed draft convention, it is not considered necessary further to expound in any detail the attitude which you should take at the forthcoming meeting. While the Department has not had occasion to modify its views as contained in its instruction to your predecessor, the situation obtaining at the time of the first session of the Special Commission has undergone a considerable change, since all Governments represented now would appear to be in substantial agreement in so far as they are willing to discuss the application of the Convention to public as well as private manufacture and to limit the Convention to measures of publicity for such production. This agreement in principle on the part of the Italian and Japanese delegates, during an informal meeting on May 19, 1928, to publicity for government manufacture of arms, makes it probable that the Commission will successfully accomplish the purpose for which it is called, viz., the drawing up of a single text for a draft convention.

While the Department does not anticipate that any attempt will be made to resume the controversy regarding publicity of government manufacture, you should, in the event of this contingency, as already indicated in the second paragraph of this instruction, reassert with due emphasis this Government's refusal under any circumstances to consider entering into an agreement which does not deal with government manufacture on the same footing as private manufacture. You should similarly oppose the inclusion of any provisions looking toward the supervision and control of arms manufacture as distinct from publicity. The reasons for this attitude are plainly set forth on pages 11 and 14 of the Department's instruction of February 28, 1927, and the annexes mentioned therein.

As regards the draft convention transmitted herewith, it will be noted that its provisions follow as closely as possible the analogous provisions of the Arms Traffic Convention signed on June 17, 1925.56

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The individual articles are self-explanatory and need no further elucidation.

This draft is not intended for immediate presentation at the outset of the deliberations, unless you find that the situation makes such procedure expedient. It is believed that it would probably be wiser first to observe the general trend of the discussions and to determine whether there is any possibility that the American draft might be adopted in toto. Failing this, you should, as occasion arises, submit individual articles of the draft with a view to getting as many provisions thereof accepted as circumstances will permit. The Department leaves it entirely to your discretion to determine the most suitable time and method of introducing the proposals embodied in its draft, but desires that you consult it prior to agreeing to any modifications of substance or to any final draft which does not substantially carry out this Government's proposals.

Due to the fact that the draft convention to be adopted will be a companion convention to the Arms Traffic Convention, and for other reasons, it is considered highly desirable that the categories appearing in Article I of the Arms Traffic Convention be embodied without any change in the draft convention to be adopted by the Special Commission.

You should, of course, not join in any report which the commission may make to the Assembly or Council of the League of Nations, but should state instead that you will make your report to your Government.

I am [etc.]

[Enclosure]

FRANK B. KELLOGG

Draft Convention for the Regulation of and Publicity in Regard to the Manufacture of Arms and Ammunition and of Implements of War

Whereas a Convention concerning the Supervision of the International Trade in Arms and Ammunition and in Implements of War was signed at Geneva on June 17, 1925, and;

Whereas it is desirable that the international aspect of the manufacture of arms and ammunition and implements of war should receive early consideration;

The different governments have decided to conclude a Convention and have accordingly appointed as their Plenipotentiaries:

Who, having communicated their full powers, found in good and due form, have agreed as follows:

ARTICLE 1

For the purpose of the present Convention, five Categories of arms, ammunition, and implements of war are established as follows:

CATEGORY I. ARMS, AMMUNITION AND IMPLEMENTS OF WAR EXCLUSIVELY DESIGNED AND INTENDED FOR LAND, SEA OR AERIAL WARFARE

A.—Arms, Ammunition and Implements exclusively designed and intended for land, sea or aerial warfare which are or shall be comprised in the armament of the armed forces of any State, or which, if they have been but are no longer comprised in such armament, are capable of military to the exclusion of any other use, except such arms, ammunition and implements which, though included in the above definition, are covered by other Categories.

Such arms, ammunition and implements are comprised in the following twelve headings:

1. Rifles, muskets, carbines.

2. (a) Machine-guns, automatic rifles and machine pistols of all calibres;

(b) Mountings for machine-guns;
(c) Interrupter gears.

3. Projectiles and ammunition for the arms enumerated in Nos. 1 and 2 above.

4. Gun-sighting apparatus including aerial gun-sights and bombsights, and fire-control apparatus.

5. (a) Cannon, long or short, and howitzers, of a calibre less than 5.9 inches (15 cm.);

(b) Cannon, long or short, and howitzers, of a calibre of 5.9 inches (15 cm.) or above;

(c) Mortars of all kinds;

(d) Gun carriages, mountings, recuperators, accessories for mountings.

6. Projectiles and ammunition for the arms enumerated in No. 5 above.

7. Apparatus for the discharge of bombs, torpedoes, depth charges and other kinds of projectiles.

8. (a) Grenades;

(b) Bombs;

(c) Land mines, submarine mines, fixed or floating, depth charges;

(d) Torpedoes.

9. Appliances for use with the above arms and apparatus.

10. Bayonets.

11. Tanks and armoured cars.

12. Arms and ammunition not specified in the above enumeration.

B.-Component parts, completely finished, of the articles covered by A above, if capable of being utilized only in the assembly or repair of the said articles, or as spare parts.

CATEGORY II. ARMS AND AMMUNITION CAPABLE OF USE BOTH FOR MILITARY AND OTHER PURPOSES

A-1. Pistols and revolvers, automatic or self-loading, and developments of the same, designed for single-handed use or fired from the shoulder, of a calibre greater than 6.5 mm. and length of barrel greater than 10 cm.

2. Fire-arms designed, intended or adapted for non-military purposes, such as sport or personal defense, that will fire cartridges that can be fired from fire-arms in Category 1; other rifled fire-arms firing from the shoulder, of a calibre of 6 mm. or above, not included in Category I, with the exception of rifled fire-arms with a "breakdown" action.

3. Ammunition for the arms enumerated in the above two headings, with the exception of ammunition covered by Category I.

4. Swords and lances.

B.-Component parts, completely finished, of the articles covered by A above, if capable of being utilized only in the assembly or repair of the said articles, or as spare parts.

CATEGORY III. VESSELS OF WAR AND THEIR ARMAMENT

1. Vessels of war of all kinds.

2. Arms, ammunition and implements of war mounted on board vessels of war and forming part of their normal armament.

CATEGORY IV

1. Aircraft, assembled or dismantled.

2. Aircraft engines.

CATEGORY V

1. Gunpowder and explosives, except common black gunpowder. 2. Arms and ammunition other than those covered by Categories I and II, such as pistols and revolvers of all models, rifled weapons with a "break-down" action, other rifled fire-arms of a calibre of less than 6 mm. designed for firing from the shoulder, smooth-bore shot-guns, guns with more than one barrel of which at least one barrel is smooth-bore, fire-arms firing rimfire ammunition, muzzleloading fire-arms.

ARTICLE 2

The provisions of the present Convention apply with equal force to all production of the articles covered by Categories I to V of Article 1, within the territory under the jurisdiction, control or supervision of the High Contracting Parties, irrespective of whether

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