New-York tribune., 1922-03-09


resolution on the status Of tho Lans
ing lshil agreement, presented to th,
Senate to-day pointed out that tn,
agreement in question was not a treaty
and that such a declaration "coul,
not have any effect whatever lncon
sIstent with treaty obligations whcthc
existing or thereafter coming int,
force
Senator Borah commenting on tn,
Presidents reply said that Japancs,
statesmen did not admit that spccia
interests of their country had beer
nulliiied by the ninc-powcr treaty ane
he would be able to produce state
ments soon to show this. lie cNprcssee
satisfaction that the Presidents letto.
was definite announcement of tn,
Lanslng-lshil agreement, (which is
very different Interpretation from tina
Of the Japanese officials"
Text of Presidents Reply
President Hardins's reply to th,
Borah resolution follows:
The so-called Lansing -Ishli agree
ment, signed November .. 1917. VAS
not treaty, but was an exchange
% HO'ts DclNecn inc secretary of
state Of the United Stntes and Wis
count ishll, Ambassadors eXtraordi-
nary and plenipotcutiary OF Japan
on special mission. Il was described
IN the notes themselvos as public
announcement Of the desires and in
tentlons shared by the two govern
ments with regard TO China. This
eXchange Of notes, in the nature of
things, did not constitute ANYTHING
more than a declaration Of cXccu-
tive policy 1t is Hardly necessary
TO point out that such d declaration.
or exchange OF notes, could not have
any eject Whatever inconsistent with
treaty obligations. whether existing
or thereatter coming into force
The statement in the notes in
question which apparently called
forth your resolution, is as follows;
The governments of the United
States and Japan recognize that tor
rltorlnl propinQuity creates special
relations between countries, and
consequently. the government Of the
United States recognizes that japan
hos special interests in China and
particularly IN the part to which her
possessions are contiguous.
open Doorr Safeguardcd
In the light OF the other deciara
tlons Of the notes in question. il has
been the view Of the government of
the United States that this reference
to special interests in China did not
recognize any right or claim incon-
slstcnt with the sovereignty or pc
htlcel independence OF China or with
our open door policy.
mat tins was not an erroneous
construction appears from the mean
ing ascrlbed TO the phrase special
interests in China, which is found in
the hnal statement made on behalf of
Japan at the recent conference (Sen-
ate Document No. 126. SiXty-seventh
Congress, Second Session. page 223).
he phrase was interpreted to mean
that propinquity gave rise to an in
tcrest differing only in degree. but
not IN kind, as compared with the in
terests Of other powers. 1t was SAID
TO intimate no claim or pretension Of
any kind prejudicial to China or any
other foreign nation and not to con
note any intention of securing pref
ercntlai or exclusive economic RIGHTS
IN China.
'Aappily. as a result Of the confer
ence, It is not now necessary to con-
sider any possible ambiguity in the
expressions used in the lansing
lshli agreement of 1917 as any qucs-
tion which they might have raised
has been completely set at rest bv
the tresty. now before the Senate. to
which the United States and japan
are parties. | refer to The treaty be
tween the nine powers which ex-
pl1clily sets forth the principles and
policies to be maintained by the
slgnatofy powers in relation to China
1t Is thus agreed TO respect the
sovereignty, the independence and
the territorial and administrative in
tegrity Of China: to provide the full
est and most unembalrassed opportu-
nifty TO develop and maintain for her
self an effective and stable govern
ment; to use their influence for the
purpose Of cf'ectually establishing
and malnta ming the principle Of
equal opportunity for the commerce
and industry Of AL nations through
out the territory OF China; to refrain
from taking advantage of conditions
IN CHINA in order 10 secure special
rights or privileges which would
abFldge the rights of subjects or
citizens OF friendly states. and from
countenanceing action inimical to The
security Of sucn states.
Rights OF Others Respected
More specifically. the signatorv
powers agree that they will not seek
nor support their respective ma
tlonais in seeking any agreement
which might purport TO establish in
favor of their interests any general
superiority of rights with respect to
commercial or economic DEVELOPMENT
in any designated region Of China, or
any such monopoly or privilege as
would deprive the nationals Of any
other power of the right Of unde,
taking any legitimate trade or in
dostfy IN China, or of participating
with the Chinese government by rea-
son cf its scope, duration. or geo
graphical cXtent is calculated to
frustrate the practical application
of the principle of equal oppor-
tunity.
"And further. the slenatory powers
agree not TO support any agreements
by their respective nationals with
each other designed to create spheres
OF influence or to provide for the en-
loynent of mutually exclusive op-
portunities in designated parts Of
Chinese tcrri tory.
ne negotiation Of this treaty is
IN itself the most formal declaration
Of the policy Of the executive in re-
lation to China and supersedes anv
executive understanding or declara