693.941/4–2252: Telegram

No. 558
The Chargé in the Republic of China (Rankin) to the Department of State1

secret

1344. Director Treaty Dept FonOff, informed Emb officer today that Jap del at informal meeting Sat afternoon presented revisions draft treaty text proposed by Jap Govt. Kawada at same time explained del feared revisions unacceptable to Chi Govt and had already wired Tokyo asking Jap Govt reconsider. Reply was to present proposal as originally instructed.

Japs asked that:

1.
Word “or” be retained in scope application formula in exchange of notes (Embtel 1315 April 14, Tokyo 227), but permit Chi del in agreed minutes state that “or which” might be interpreted as “and which”. Jap del wld simply take note of Chi del statement.
2.
Clauses relating property of collaborationist regimes and property Jap Dip and Consular estabs set up under these regimes shld be covered in statement by Chi del to be placed in agreed minutes. Jap del did reply: “I take note of your statement. I believe that these questions shld be made the subj of arrangement when they have come up as actual issues fol the future development of the situation.”

Chi FonMin rejected Jap suggestions on both counts and insisted on return to text dels agreed upon Apr 16.

Dir Treaty Dept believed difficult for Chi Govt change position re collaborationist property in Jap, since Chi Govt’s legal position toward sovereignty over mainland might be impaired. Use of word “and” in scope application clause was Generalissimo’s own in original Chi suggestion. As such he felt wld be difficult get Generalissimo change, especially view different tone conveyed by use Chi Huo (Mathews 2402)2 instead Chi (Mathews 468). However, FonMin [Page 1247] later informed me he probably would accept Jap position on first numbered point above if second question cld be resolved.

No further meetings planned pending Jap del receipt message Tokyo’s reaction Chi rejection proposed revisions.

Rankin
  1. Repeated for information to Tokyo.
  2. R. H. Mathews, Mathews’ Chinese-English Dictionary (China Inland Mission, 1931; rev. ed., Cambridge, Harvard University Press, 1943). The revised edition retains the original pagination.