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ton was instructed to inform the Secretary of State verbally that as His Majesty's Government understand the preamble is to be redrafted so as to take account of the views expressed by the different powers. It would be a help if some phrase were added to the treaty itself making it clear that its provisions are based on the principles set forth in the body of the instrument.

His Majesty's Government, however, do not venture at this juncture to suggest any particular wording for this proposed addition to the text.

WASHINGTON, 18 June, 1928.

711.4112Anti-War/133

The Chargé in Great Britain (Atherton) to the Secretary of State No. 2853

LONDON, June 19, 1928. [Received July 2.] SIR: With reference to the Department's telegraphic Instruction No. 130 dated May 21, 4 p. m., which requested the Embassy to extend through the Secretary of State for Foreign Affairs, to His Majesty's Governments in Australia, New Zealand and South Africa, and to the Government of India, a cordial invitation in the name of the Government of the United States to become original parties to the treaty for the renunciation of war, which is now under consideration, I have the honor to forward herewith copies of the several replies, which were transmitted to the Department in the Embassy's telegrams, No. 128, dated May 30, 5 p. m., No. 132, dated June 2, 1 p. m., No. 140, dated June 11, 6 p. m., and No. 144, dated June 15, 12 noon.s

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I have [etc.]

[Enclosure 1]

RAY ATHERTON

The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Government of New Zealand, to the American Chargé (Atherton)

No. A 3570/1/45

LONDON, 30 May, 1928.

SIR: In the note which Mr. Houghton was so good as to address to me on May 22nd he extended on behalf of the Government of the United States an invitation to His Majesty's Governments in the Commonwealth of Australia, New Zealand and in the Union of South Africa, as well as to the Government of India, to participate individually and as original signatories in the treaty for the renunciation of war which is now under consideration.

"Telegrams not printed.

2. I now have the honor to inform you that His Majesty's Government in New Zealand have received with warm appreciation the invitation addressed to New Zealand to become an original party to the treaty proposed by the Government of the United States for the renunciation of war. His Majesty's Government in New Zealand welcome the opportunity, in cooperation with His Majesty's Governments in other parts of the British Empire, of associating themselves with the Government of the United States in this movement to add greater security to the peace of the world and they will be happy to share in any negotiations leading to the conclusion of the proposed treaty. I have [etc.]

[blocks in formation]

The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Commonwealth of Australia, to the American Chargé (Atherton)

No. A 3734/1/45

LONDON, 2 June, 1928.

SIR: In the note which Mr. Houghton was so good as to address to me on May 22nd last, he extended on behalf of the Government of the United States an invitation to His Majesty's Government in the Commonwealth of Australia to participate individually and as an original signatory in the treaty for the renunciation of war which is now under consideration.

2. I now have the honour to inform you that His Majesty's Government in the Commonwealth of Australia have received with appreciation the invitation to participate as an original party in the treaty for the renunciation of war which has been proposed by the Government of the United States of America. His Majesty's Government in the Commonwealth of Australia have carefully and sympathetically examined the draft treaty submitted to them together with the correspondence that has so far been exchanged between the interested governments. They believe that a treaty such as that proposed would be a further material safeguard to the peace of the world and they will be happy to co-operate to the fullest extent in its successful conclusion.

I have [etc.]

(For the Secretary of State)

R. L. CRAIGIE

[Enclosure 3]

The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Government of India, to the American Chargé (Atherton)

No. A 3797/1/45

LONDON, 11 June, 1928.

SIR: In the note which Mr. Houghton was so good as to address to me on the 22nd ultimo, he extended, on behalf of the Government of the United States, an invitation to the Government of India to participate individually and as an original signatory in the treaty for the renunciation of war which is now under consideration.

2. I now have the honour to inform you that the Government of India have requested that an expression of their warm thanks may be conveyed to the United States Government for this invitation. which they are happy to accept. I have the honour to add that the Government of India desire to associate themselves with the note which I had the honour to address to Mr. Houghton on the 19th ultimo.

I have [etc.]

(For the Secretary of State)

[Enclosure 4]

R. L. CRAIGIE

The British Secretary of State for Foreign Affairs (Chamberlain), on Behalf of the Union of South Africa, to the American Chargé (Atherton)

No. A 4087/1/45

LONDON, June 15, 1928.

SIR: With reference to the note which Mr. Houghton was so good as to address to me on the 22nd May conveying an invitation to His Majesty's Government in the Union of South Africa to become an original party to the proposed treaty for the renunciation of war, I have the honour to inform you that the following message has been received by telegraph from General Hertzog, Minister of External Affairs of the Union of South Africa, for communication to you:

On

"Through the good offices of His Majesty's Government in the United Kingdom the contents of the note addressed by Your Excellency to His Excellency the British Secretary of State for Foreign Affairs on the 22nd May were duly conveyed to me. behalf of His Majesty's Government in the Union of South Africa I beg to state that the cordial invitation of the Government of the United States extended to His Majesty's Government in the Union of South Africa to participate individually and as an original

signatory in the treaty for the renunciation of war which the United States Government proposed to various governments on the 13th April last, is highly appreciated and that His Majesty's Government in the Union of South Africa will gladly take part therein, as invited, together with the other Governments whose participation in the proposed treaty was invited in the first instance.

"In expressing their willingness to be a party to the proposed treaty His Majesty's Government in the Union of South Africa take it for granted

"(a) that it is not intended to deprive any party to the proposed treaty of any of its natural right of legitimate self-defence;

"(b) that a violation of any one of the parties of any of the provisions of the proposed treaty will free the other parties from obligation to observe its terms in respect of the party committing such violation; and

"(c) that provision will be made for rendering it quite clear that it is not intended that the Union of South Africa, by becoming a party to the proposed treaty, would be precluded from fulfilling, as a member of the League of Nations, its obligations towards the other members thereof under the provisions of the Covenant of the League."

I have [etc.]

(For the Secretary of State)
R. L. CRAIGIE

711.0012Anti-War/21: Telegram

The Secretary of State to the Ambassador in France (Herrick)

WASHINGTON, June 20, 1928-6 p. m.

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179. Department's 178, June 20, 5 p. m.s2 Repeat below quoted note and draft treaty immediately to London as Department's 156, Brussels as Department's 30, Prague as Department's 26, Berlin as Department's 68, Dublin as Department's 10, Rome as Department's 70, Warsaw as Department's 40.

Note begins:

"Excellency: It will be recalled that, pursuant to the understanding reached between the Government of France and the Government of the United States, the American Ambassadors at London, Berlin, Rome and Tokyo transmitted on April 13, 1928, to the Governments to which they were respectively accredited the text of M. Briand's original proposal of June 20, 1927, together with copies of the notes subsequently exchanged by France and the

81 See first paragraph for instructions to repeat to Great Britain (No. 156), Belgium (No. 30), Czechoslovakia (No. 26), Germany (No. 68), Irish Free State (No. 10), Italy (No. 70), and Poland (No. 40); text of note and draft treaty also telegraphed to Japan (No. 68).

In accordance with instruction of June 22, 6 p. m. (711.5112France/344), the note contained in this telegram was dated June 23, and was delivered with the text of the draft treaty to the respective Foreign Offices on that day.

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Not printed.

United States on the subject of a multilateral treaty for the renunciation of war. At the same time the Government of the United States also submitted for consideration a preliminary draft of a treaty representing in a general way the form of treaty which it was prepared to sign, and inquired whether the Governments thus addressed were in a position to give favorable consideration thereto. The text of the identic notes of April 13, 1928, and a copy of the draft treaty transmitted therewith, were also brought to the attention of the Government of France by the American Ambassador at Paris.83 It will likewise be recalled that on April 20, 1928, the Government of the French Republic circulated among the other interested Governments, including the Government of the United States, an alternative draft treaty, and that in an address which he delivered on April 28, 1928, before the American Society of International Law, the Secretary of State of the United States explained fully the construction placed by my Government upon the treaty proposed by it, referring as follows to the six major considerations emphasized by France in its alternative draft treaty and prior diplomatic correspondence with my Government:

[For the text of the paragraphs here omitted, see the six points as contained in the Department's telegram No. 118, April 23, 5 p. m., to the Ambassador in France, printed on page 34.]

The British, German, Italian and Japanese Governments have now replied to my Government's notes of April 13, 1928, and the Governments of the British Dominions and of India have likewise replied to the invitations addressed to them on May 22, 1928, by my Government pursuant to the suggestion conveyed in the note of May 19, 1928, from His Majesty's Government in Great Britain. None of these Governments has expressed any dissent from the above-quoted construction, and none has voiced the least disapproval of the principle underlying the proposal of the United States for the promotion of world peace. Neither has any of the replies received by the Government of the United States suggested any specific modification of the text of the draft treaty proposed by it on April 13, 1928, and my Government, for its part, remains convinced that no modification of the text of its proposal for a multilateral treaty for the renunciation of war is necessary to safeguard the legitimate interests of any nation. It believes that the right of self-defense is inherent in every sovereign state and implicit in every treaty. No specific reference to that inalienable attribute of sovereignty is therefore necessary or desirable. It is no less evident that resort to war in violation of the proposed treaty by one of the parties thereto would release the other parties from their obligations under the treaty towards the belligerent state. This principle is well recognized. So far as the Locarno treaties are concerned, my Government has felt from the very first that participation in the anti-war treaty by the powers which signed the Locarno agreements, either through signature in the first instance or thereafter, would meet every practical requirement of the situation, since in such event no state could resort to war in violation of the Locarno treaties without simultaneously violating the anti-war treaty, thus leaving the other parties thereto free, so

63

See telegram No. 101, Apr. 9, 5 p. m., to the Ambassador in France, p. 21.

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