pursuits; and, above all, by reason of the economic existence and national safety of Japan being directly and materially dependent upon the peace and orderly progress of China. In the contemplation of the Japanese Government, it is the recognition of these facts that is recorded in the Lansing-Ishii correspondence.

Nor does such recognition intimate any claim of Japan to special rights or privileges prejudicial to China or to any foreign nation. That Japan has in view no claim of this kind is confirmed by the terms of the correspondence itself, in which the sovereignty, independence and territorial integrity of China, and the principle of the "open door" and equal opportunity are as fully recognized by Japan as by the United States.

The Japanese Government desire to make it clear that Japan's special interests in China in the sense above described exist and will continue to exist, with or without express recognition embodied in diplomatic instruments. The concurrence of the Japanese Government in the cancellation of the Lansing-Ishii correspondence is not to be taken as an indication of a change in the position of Japan relating to China.

The observations made by the American Government on the status of the unpublished understanding mentioned in the Aide-Mémoire involve the question, whether such an informal and unsigned understanding should properly be assimilated with "treaties, conventions, exchange of notes or other international agreements" within the meaning of the Resolution adopted by the Washington Conference on February 1, 1922. It will however be unnecessary to consider this question, if the two Governments are to withdraw in mutual accord the Lansing-Ishii correspondence, in connection with which the understanding was recorded.

WASHINGTON, December 27, 1922.

793.94/1403

The Secretary of State to the Japanese Chargé (Saburi)

MEMORANDUM

The Secretary of State is happy to acknowledge the receipt of the memorandum of December 27, 1922, in which the Japanese Chargé d'Affaires communicated the fact that his Government would gladly agree to the cancellation of the correspondence of November 2, 1917, between Mr. Lansing and Viscount Ishii, if that course should be preferred by the American Government, and in connection with a reference to the particular degree of concern in the affairs of China which Japan feels by reason of the relative geographical situations.

of the two countries, confirmed the fact that Japan has in view no claim to special rights or privileges prejudicial to China or to any foreign nation.

In view of the more recent and authoritative formulation of principles and policies with respect to China, arrived at in the Washington Conference and incorporated in the conclusions of that Conference, it appears to the American Government that it would be desirable to remove any possibility of ambiguity arising from the phraseology of the Lansing-Ishii notes; and the Secretary of State accordingly agrees that the two Governments should consider the Lansing-Ishii correspondence of November 2, 1917, as cancelled and henceforth of no further force or effect.

WASHINGTON, January 2, 1923.

CONVENTION BETWEEN THE UNITED STATES AND JAPAN, FEBRUARY 11, 1922, RELATING TO CERTAIN PACIFIC ISLANDS FORMERLY IN GERMAN POSSESSION"

8621.01/185

The Japanese Ambassador (Shidehara) to the Secretary of State

WASHINGTON, February 11, 1922.

SIR: In proceeding this day to the signature of the Convention between Japan and the United States with respect to the islands, under Japan's Mandate, situated in the Pacific Ocean and lying north of the Equator, I have the honor to assure you, under authorization of my Government, that the usual comity will be extended to nationals and vessels of the United States in visiting the harbors and waters of those islands.

Accept [etc.]

K. SHIDEHARA.

8621.01/185a

The Secretary of State to the Japanese Ambassador (Shidehara)

WASHINGTON, February 11, 1922. EXCELLENCY: In proceeding this day to the signature of the Convention between the United States and Japan with respect to former German Possessions under a Mandate to Japan, I have the honor to state that if in the future the Government of the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it will seek to obtain an extension of

For previous correspondence regarding negotiations for this convention, seeForeign Relations, 1921, vol. 11, pp. 287 ff.

such treaties to the mandated islands south of the Equator, now under the Administration of those Dominions. I should add that the Government of the United States has not yet entered into a convention for the giving of its consent to the Mandate with respect to these islands.

I have the honor further to state that it is the intention of the Government of the United States, in making conventions, relating to former German territories under mandate, to request that the governments holding mandates should address to the United States, as one of the Principal Allied and Associated Powers, duplicates of the annual reports of the administration of their mandates. CHARLES E. HUGHES

Accept [etc.]

Treaty Series No. 664

Convention between the United States of America and Japan, Signed at Washington, February 11, 1922

7

THE UNITED STATES OF AMERICA AND JAPAN;

Considering that by Article 119 of the Treaty of Versailles, signed on June 28, 1919, Germany renounced in favor of the Powers described in that Treaty as the Principal Allied and Associated Powers, to wit, the United States of America, the British Empire, France, Italy and Japan, all her rights and titles over her oversea possessions;

Considering that the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, signed on August 25, 1921, to restore friendly relations between the two nations; 8

Considering that the said four Powers, to wit, the British Empire, France, Italy and Japan, have agreed to confer upon His Majesty the Emperor of Japan a mandate, pursuant to the Treaty of Versailles, to administer the groups of the former German Islands in the Pacific Ocean lying north of the Equator, in accordance with the following provisions:

"Article 1. The islands over which a Mandate is conferred upon His Majesty the Emperor of Japan (hereinafter called the Mandatory) comprise all the former German islands situated in the Pacific Ocean and lying north of the Equator.

"Article 2. The Mandatory shall have full power of administration and legislation over the territory subject to the present Mandate

7 Ratification advised by the Senate, Mar. 1, 1922; ratified by the President, June 2; ratified by Japan, June 23; ratifications exchanged at Washington, July 13; proclaimed, July 13.

Foreign Relations, 1921, vol. II, p. 29.

as an integral portion of the Empire of Japan, and may apply the laws of the Empire of Japan to the territory, subject to such local modifications as circumstances may require.

The Mandatory shall promote to the utmost the material and moral well-being and the social progress of the inhabitants of the territory subject to the present Mandate.

"Article 3. The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public works and services, and then only for adequate remuneration. The Mandatory shall also see that the traffic in arms and ammunition is controlled in accordance with principles analogous to those laid down in the Convention relating to the control of the arms traffic, signed on September 10th, 1919,9 or in any convention amending

same.

The supply of intoxicating spirits and beverages to the natives shall be prohibited.

"Article 4. The military training of the natives, otherwise than for purposes of internal police and the local defence of the territory, shall be prohibited. Furthermore, no military or naval bases shall be established or fortifications erected in the territory.

"Article 5. Subject to the provisions of any local law for the maintenance of public order and public morals, the Mandatory shall ensure in the territory freedom of conscience and the free exercise of all forms of worship, and shall allow all missionaries, nationals of any State Member of the League of Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling.

"Article 6. The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council, containing full information with regard to the territory, and indicating the measures taken to carry out the obligations assumed under Articles 2, 3, 4, and 5.

"Article 7. The consent of the Council of the League of Nations is required for any modification of the terms of the present mandate. The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another member of the League of Nations relating to the interpretation or the application of the provisions of the Mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations ";

Considering that the United States did not ratify the Treaty of Versailles and did not participate in the agreement respecting the aforesaid Mandate;

Desiring to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid islands, and in particular the Island of Yap, have resolved to conclude a Convention for that purpose and to that end have named as their Plenipotentiaries:

Ibid., 1920, vol. I, p. 180.

The President of the United States of America: Charles Evans Hughes, Secretary of State of the United States; and

His Majesty the Emperor of Japan: Baron Kijuro Shidehara, His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington;

Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows:

ARTICLE I

Subject to the provisions of the present Convention, the United States consents to the administration by Japan, pursuant to the aforesaid Mandate, of all the former German Islands in the Pacific Ocean, lying north of the Equator.

ARTICLE II

The United States and its nationals shall receive all the benefits of the engagements of Japan, defined in Articles 3, 4 and 5 of the aforesaid Mandate, notwithstanding the fact that the United States is not a Member of the League of Nations.

It is further agreed between the High Contracting Parties as follows:

(1) Japan shall insure in the islands complete freedom of conscience and the free exercise of all forms of worship which are consonant with public order and morality; American missionaries of all such religions shall be free to enter the islands and to travel and reside therein, to acquire and possess property, to erect religious buildings and to open schools throughout the islands; it being understood, however, that Japan shall have the right to exercise such control as may be necessary for the maintenance of public order and good government and to take all measures required for such control.

(2) Vested American property rights in the mandated islands shall be respected and in no way impaired;

(3) Existing treaties between the United States and Japan shall be applicable to the mandated islands;

(4) Japan will address to the United States a duplicate of the annual report on the administration of the Mandate to be made by Japan to the Council of the League of Nations;

(5) Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the Mandate as recited in the Convention, unless such modification shall have been expressly assented to by the United States.