793.94/3432

Memorandum by the Secretary of State

During the call of the British Ambassador I told him that now that the Japanese had occupied Chinchow I was going to send a note to both the Japanese and Chinese Governments notifying them that we [Page 6] did not intend to recognize any treaties, understandings, or situations, which might be entered into by China and Japan impairing the treaty rights of the United States or their citizens in China or impairing the sovereignty, independence, or territorial or administrative integrity of China or affecting the open-door policy or which might be arrived at by steps contrary to the Kellogg-Briand Pact. I read the Ambassador a draft of a note which I had been working on and told him my note would follow somewhat that line. I pointed out that we had done the same thing in 1915 at the time of the 21 Demands and that it had been effective six years later in restoring our rights. I pointed out that it would be effective if the other countries, like Great Britain and France, in the same position which we were took similar steps, and I said that I intended to bring the same thing to the attention of the French Government. The Ambassador said that Great Britain had rights similar to ours and would be interested in taking the same steps. I asked him to let us know, and said I would act promptly—inside a day or two.

H[enry] L. S[timson]