Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-07
TEXT OF NOTE
CONTINUED from PAGE One)


and it is hardly necessary to suggest
that a treaty to which the United
States is not a party could not affect
these rights. But it should be noted
that the treaty of Versailles did not
purport to secure to Japan or to any
! other nations any right in the over
seas possessions of Germany, save as
an equal right therein should be Sc
cured to the United States. On the
contrary, Article 119 of the treaty of
Versailles provides:
Germany renounces in favour of
the principle allied and associated
powers all her rights and titles over
her overseas possessions
ut will not be questioned that one
of the principal allied and associated
powers in whose favor Germany re-
nounced her rights and titles is the
United States. Thus, not only could
the position of the government of
Japan derive no strength from the
treaty of Versailles or from any dis
cussions preliminary thereto, but the
terms Of that treaty confirm the po-
Sition of the government of the Uni
ted States.
Further, the draft convention re-
lating to the mandate for the Ger
man concessions in the Pacific Ocean,
north of the Equator which was SUBJ
sequently proposed, proceeded in the
same view purporting on behalf of
the United States as one of the grant
ors to confer the mandate upon
Japan, thus recognizing the right and
interest of the United States and the
not be effective without the agree
ment of the United States as one of
the principal allied and associated
powers.
GAS the United States did not enter
into this convention or into any
treaty relating to the subject, this
government is unable to understand
upon what grounds it was thereafter
attempted to confer the mandate
without the agreement of the United
States. 1t is manifest that the Lea
que Of Nations was without any
authority to bind the United States
and that the confirmation of the
mandate in question, and the defini-
ton Of its terms by the council of
the League of Nations in December, |
1920, cannot be regarded as having
efficacy with respect to the United
States.
at should be noted that this man !
date not only recites Article 119 of
the treaty of Versailles to the effect
that Germany renowned in favor
of the principal allied and associated
Ill =, x,,r g.,
seas possessions, including therein !
the groups of islands in the Pacific
Ocean, lying north of Equator but
also recites the principal allied and
associated powers agreed that in ac-
cordance with Article %, Part One,
covenant of the League Of Nations)
of the said treaty, mandate should
be conferred upon His Majesty the
Emperor of Japan to administer the
said islands and have proposed that
the mandate should be formulated,
as set forth. While this last quoted
recital, as has already been pointed
out in previous communications by
this government is inaccurate in its
terms, in as much as the United
States is one of the principal allied
and associated powers had not SO
agreed and proposed the recital again
recognizes the necessity of the par
ticipation of the United States in or
der to make the proposed disposition
effective.
-As, in the absence Of any treaty
with the United States relating to
the matter, there was no decision on
May z, 1919 bindings the United
- \
again to examine the brief minute of
the meeting of the supreme council
on that date. It may, however, be
proper to say that the minutes Of this
meeting, although obviously without
any finality, could not properly be
construed without due regard to the
other proceedings of the supreme
council and without taking account
of the reservations which President |
Wilson had already made in the pre- |
vious meetings of the supreme coun- !
Gil on April 81. April 80 and May /, |
1919. The attitude Of President Will |
son is sufficiently shown by the fol- |
lowing statement which he made to
the Department Of State on March |
8, 1921:
ESS " Ecluru TIE note received |
yesterday from the Japanese govern
ment, which have read, in relation
to the proposed mandate covering the
Island Of Yap.
My first information of a conten-
ton that the so-called decision Of
May z. 1919, by the council Of four
assigned to Japan mandate in Oc-
tober last. J. then informed him that |
had never consented to the assign.