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commission of a wanton murder. My Government would be reluctant to believe that the National Government is indifferent or that its responsible officials are unable to apprehend the criminals and administer justice. Nevertheless, it must come to one of these conclusions unless there is afforded without further delay satisfactory evidence that the Nationalist Government does not condone the offense and is willing and able to take proper action in the premises."

KELLOGG

CONTINUATION OF THE EMBARGO ON SHIPMENTS OF ARMS TO CHINA"

893.113/1075

The Minister in China (MacMurray) to the Secretary of State No. 1361

PEKING, January 19, 1928.
[Received February 18.]

SIR: With reference to previous reports concerning breaches of the arms embargo agreement of 1919,56 I have the honor to transmit herewith enclosed copy of a memorandum of a conversation the Counselor of the Legation had on January 16th with the German Minister concerning a shipment of arms to China from CzechoSlovakia, and certain comment Dr. Boyé made thereon with particular reference to the question of the attitude of the American Government in regard to the extension of the arms embargo agree

ment.

The Military Attaché to the Legation has told me, in connection with this matter, that Ma Soo 57 recently came to see him showing great concern lest the United States might be trying to stop the Czecho-Slovakian arms shipment at Manila. Ma Soo inquired of Major Magruder what if any information he had in this respect. The Military Attaché replied that he had no information whatsoever other than that appearing in the newspaper and did not see how our Government or the Philippine authorities could be concerned in the matter. On January 16th Ma Soo told the Military Attaché that everything was all right as regards the arms shipment, the Czecho-Slovakian delegate, Mr. Halla, having telegraphed to the ship at Manila to proceed at once. According to local press advices the shipment has been forwarded from Manila to Newchwang. The above seems to substantiate the statements of the German Minister recorded in the memorandum herewith enclosed.

There is also enclosed a clipping from the North China Standard of January 17, 1928,58 referred to in the body of the memorandum.

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Continued from Foreign Relations, 1927, vol. I, pp. 322–327.

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67

See ibid., 1919, vol. 1, pp. 667 ff.

Representative of the Nationalist Government at Nanking. 68 Not printed.

Several of my colleagues have recently taken occasion to discuss with me the question of the arms embargo agreement, in each case indicating their feeling that the present situation in which we find ourselves regarding the agreement is most unsatisfactory. It appears likely that further discussion on this subject will lead to the formulation of a proposal of one sort or another which can be placed before the respective governments for their consideration. I have [etc.]

[Enclosure-Extract]

J. V. A. MACMURRAY

Memorandum of Conversation Between the American Counselor of Legation in China (Mayer) and the German Minister in China (Boyé)

[PEKING,] January 17, 1928.

During the course of a conversation between the German Minister and myself on January 16, 1928, he asked me what I believed would be the American Government's attitude toward an extension of the arms embargo of 1919 to other European Powers not at present signatory to or adhering to this agreement.

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Replying to Dr. Boyé's question as to the attitude of the American Government concerning an extension of the embargo, I said that that was something the Minister would have to answer; that personally I was rather of the opinion that our government would look with favor upon any action which might make the arms embargo actually effective; that an extension of its scope would seem theoretically to this end. I expressed to the German Minister my query as to how the Chinese themselves might regard such a move; that it was not at all unlikely that they would, publicly at least, take great exception to it as being likely further to restrict their precious sovereignty. (I had in mind the violent objection by the Chinese to Germany's adherence to the Washington Conference Treaty on "principles and policies.") Dr. Boyé said that he quite agreed with me as to the possibility that the Chinese would take umbrage at efforts on our part to assist them further in this question of the arms embargo so that in the long run any such attempt on our part would only redound to our discredit vis à vis the Chinese and not actually increase the effectiveness of the embargo.

59

Dr. Boyé said that he wanted to discuss this matter with the British Minister and would also confer with Mr. MacMurray.

See Foreign Relations, 1926, vol. 1, pp. 1001 ff.

893.113/1072: Telegram

The Ambassador in Japan (MacVeagh) to the Secretary of State

60

TOKYO, February 13, 1928-2 p. m.
[Received February 13-6:40 a. m.]

12. My despatches Nos. 735 of January 18 and 746 of January 27th. The Minister for Foreign Affairs has informed me that he has instructed the Japanese Minister of [at] Peking to confer with representatives of other foreign powers with a view to securing adhesion of nonsignatory powers to the agreement of 1919 to [for?] the embargo of arms and ammunition for China. The Minister for Foreign Affairs requested me to communicate this fact to my Government and request my Government to instruct our Minister at Peking to give active support to the Japanese Legation in this proposal.

MACVEAGH

893.113/1072: Telegram

The Secretary of State to the Ambassador in Japan (MacVeagh)

WASHINGTON, February 18, 1928-7 p. m.

13. Your 12, February 13, 2 p. m.

1. For your information. The Department realizes that the 1919 embargo agreement has not achieved its objectives. It, therefore, welcomes the proposal of the Japanese Minister for Foreign Affairs as affording an opportunity to discuss the whole question.

2. You will please inform the Minister for Foreign Affairs that this Government is responsive to the suggestion that representatives of the Powers concerned confer, but with the feeling that it would be advantageous first for the Ministers in Peking to investigate, in the manner of an informal and preliminary tentative conference, the degree of success that has attended the efforts of the governments already parties to the agreement toward the achievement of its objectives.

KELLOGG

893.113/1072: Telegram

The Secretary of State to the Chargé in China (Mayer)

WASHINGTON, February 18, 1928-9 p. m. 55. 1. The following is quoted from telegram No. 12 of February 13, 2 p. m., received from the American Ambassador at Tokyo.

"The Minister for Foreign Affairs has informed me that he is instructing the Japanese Minister at Peking to confer with representatives of other foreign powers with a view to securing adhesion

Neither printed.

of non-signatory powers to the agreement of 1919 to [for?] the embargo of arms and ammunition for China."

The Department has replied as follows:

[Here follows telegram No. 13, February 18, to the Ambassador in Japan, printed supra.]

2. Reports of the importation of arms into China not only from non-participating countries but also by nationals of countries committed to the 1919 agreement indicate that that undertaking has now a comparatively slight effect in limiting the current importation of munitions into China. This is due partly to the great changes that have occurred in the international situation since 1919. In addition to being ineffective, the present limited embargo imposed on themselves by certain nations but leaving other nations free in this regard has affected the course of factional warfare without appearing to curtail it. For these reasons the Department considers that the value either of the existing agreement or of a revised or extended agreement should be carefully estimated in the light of the changed circumstances.

3. The Department would heartily support an international agreement designed to prevent the importation of arms into China if it could feel hopeful of the success of such a project. However, the lack of any effective cooperative authority in China and other obvious obstacles appear well nigh insuperable. The Department doubts whether it will be found possible so to strengthen and broaden the 1919 embargo agreement as to render advisable its continuance.

4. The Department feels that if the Japanese Minister approaches his interested colleagues as intimated in the telegram from the American Ambassador at Tokyo, an opportunity will be afforded for you to guide the discussions along the lines outlined above. You will, however, carefully avoid giving the impression that this Government has arrived at any conclusion in the premises.

KELLOGG

893.113/1076: Telegram

The Chargé in China (Mayer) to the Secretary of State

PEKING, February 20, 1928—11 a. m.
[Received 4 p. m.]

109. Department's 55, February 18, 9 p. m. Regarding paragraphs 1 and 4. Japanese Minister has discussed this matter with Mr. MacMurray and at the former's request a meeting of Heads of Legation is set for tomorrow to discuss the alternative [arms?] embargo. I shall telegraph to the Department result of their meeting and comment concerning Department's telegram 55.

MAYER

893.113/1077: Telegram

The Chargé in China (Mayer) to the Secretary of State

[Paraphrase]

PEKING, February 23, 1928—8 p. m.

[Received February 23-3:50 p. m.]

119. My telegram No. 109, February 20, 11 a. m.

1. The Japanese Minister, at the meeting of the diplomatic body to which reference was made, stated that he was instructed to endeavor to bring about a joining in the embargo by the nonsignatory powers concerned. He stated that inclusion of the Soviets in this Peking discussion was not considered practical by his Government because no Soviet diplomatic representative was stationed here, but that, in the event it was agreed that the nonsignatory powers concerned should be invited, the Soviet Ambassador at Tokyo would be approached by the Japanese Foreign Office for this purpose. The Japanese suggestion, the Japanese Minister added, was based on the 1919 agreement, and it was not the desire of his Government that the scope of the embargo be increased as was sought in 1922.

2. An effort was made by me to guide the discussion in the sense of the Department's telegram of February 18, number 25 [55], 9 p. m.; but this effort was unsuccessful, particularly because of a prompt proposal by the Senior Minister, a proposal to which there was general assent, favoring the transmission of identic telegram to the following effect: 61

"In view of the continued internal wars in China which have now practically spread over the whole country and with a view to making the embargo on arms of 1919 more effective, the foreign diplomatic representatives once more draw the attention of their respective Governments to the importance of the agreement and of prohibiting the exportation of arms and munitions of war from or through their territories to China.

They therefore express their conviction that those powers who have not yet taken any measure in this respect should be induced to do so as soon as possible."

3. The Heads of Legation were informed by me that it was my opinion the transmission of such an identic telegram would simply return to the respective Governments the responsibility for seeing that ways and means were devised, either through accessions to the signatories or otherwise, for bolstering up the arms embargo. I stated that it would be much preferred by my Government, and that I myself strongly felt it to be the practical course of action, that the matter should be discussed fully by the diplomatic representatives Quotation not paraphrased.

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