The New York herald., 1921-04-07

fn1ILar to those f0rW2r0e0 20 r ran
With respect to the mandate TO
japan, purporting to have been
confirmed and Defined in its terms
by the Supreme Council Of the
League Of Nations, of the German
possessions in the Pacific Ocean,
lying north OF the Equator, this
Government deems 1t appropriate
to state the fundamental basis Of
its representations and the princf-
pies which, in It's view, are deter
rninative.
1t will not be questioned that the
right to dispose of the overseas
possessions of Germany was ac-
quired only through the victory OF
the allied and associated Powers,
and IL is also believed that there
is no disposition on the part of the
British Government to deny the
participation of the United States
in that victory. 1t would seem to
follow necessarily that the right
accruing to the allied and asso-
ciated Powers through the COM
mon victory is shared by the
United States and that there could
be no valid or effective disposition
Of the overseas possessions Of Ger
many, now under consideration,
without the assent Of the United
States.
This Government must, there
10
States has never vested either the
Supreme Council or the League OF
Nations with any authority TO bind
the United States or to act on its
behalf, there has been no oppor-
tunity for any decision which
could be deemed to affect the
rights OF the United States. 1t
may also be observed that the
right accruing to the United States
through the victory in which 1t
has participated could not be re
garded as in any way ceded or sur
rendered to Japan, or to other ma
tions, except by treaty, and that
no such treaty has been made.
Provision in Treaty.
The fact that the United States
has not ratified the treaty OF YER
saiIles cannot detract from rights
which the United States has al
ready acquired, and Il is hardly
necessary to suggest that treaty
10 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 overseas possessions OF Ger
many, save as an equal right
therein should be secured to the
United States. On the contrary,
Article 119 Of the Treaty OF Ver-
sailles provides:
Germany renounces in favor or
the principal allied and associated
Powers all her rights and titles
over her oversee possessions"
It will not be questioned that one
0. the principal allied and asso-
ciated Powers" in whose favor Ger
many renounced 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 Yer
yailles or from any discussions pre-
nninary thereto, but the terms OF
that treaty confirm the position or
the Government Of the United
States.
Further, the draft convention re-
Iating to the mandate for the Ger
man concessions in the Pacific
Ocean north of the equator, which
war subsequently proposed. pro-
cceded in the same view. purport-
ing, on behalf Of the United States
as one OF the grantors. to confer
the mandate upon Japan, thus
recognizing the right and interest
OF the United States, and the fact
that the proposed action could not
be effective without the agreement
OF the United States as ono OF the
principal allied and associated
Powers.
Az the United States did not en-
ter into this convention or into
any treaty relating TO the subject,
this Government is unable TO un-
derstand upon what grounds II was
thereafter attempted 20 confer the
mandate without the agreement OF
the United States. II Is manifest
that the League OF Nations was
without any authority 70 bind tho
United States. and that the con-
fir1nation OF the mandate in ques-
ton, and the definition Of its terms.
by the Council Of the League OF
Nations In December, 1870. cannot
be resa rded as having efficacy with
respect to the United States.
H. IA.