LEAGUE OF NAT I Y. S. mmunicated to the C . 655 M.1.518. 1S32 . VIi. uncil an,-1, Menibei’s the League. Geneva, September 19th, 195

APPEAL FROM THE CHINESE GO VERNIS NT.

Communication from the Japanese Delegation.

No te by the Secretary-General.

The Secretary-General has the honour to com­ municate to the Council and "Members of the League the following information w:'.ic> has been forwarded to the Acting President of the Council by the Japanese Representative.

Paris, Sep t enber 10th , 1932

To the President of the Council,

Translation)

In conformity with instructions I have received from my Government, I have the honour to inform you that the Japanese Government has concluded with the Govern­ ment a protocol, dated September 15th, the English and French translations of which are annexed to the present note. The Japanese Government has thus granted to that State its formal recognition. On the other hand, the Japanese Government has made in connection with the signature of the above-mentioned protocol a statement, the text of which is reproduced in Annex B.

(S i gn e d) H . NAGAOKA

Permanent Representative of Japan on the Council of the League. ANNEX A. Transl-.tr ma.

PROTOCOL BElW Eai_ JAPAN. AI4D . ARCHOUICJO

signed September 15, 1932 at E e inking.

Whereas Japan has recognised the fact that Menchoukuo, in accordance with the free will of its inhabitants, has organicsd and established itself as an independent state; and

Whereas Manehoukuo has declared its intention of abiding by all international engagements entere a into by in so far as they are applio Vole to Vanchoukuo ;

Nov/ the Governments of Jap n nd -Ianchoukuo have , for­ th e purpose of est ablishing ?. perpetual relationship of good neighbourhood between Japan and Vanchoukuo, each respecting the territorial rights of the other, and also in order to secure the peace of the F r East, agreed ;s follows :

1. Lianchoukuo shall confirm nd respect, in so f r ~s no agreement to the contrary sh 11 be m de between Japan aid Manehoukuo in the future, all rights and interests possessed by Japan or her subjects within the territory of Lianc houkuo by virtue of Sino-Jap' nese treaties, agreea.en ts or other arrange­ ments or Sino-Japanese contr.cts, private as well as public ;

2. Japan and Vanchoukuo recognising that any threat to the pea.ee and order of either of the High Contracting P rties constitutes t the same time a threat to the safety and existence of the other, agree to co-operate in the m intern nee of this nation- 1 security; it will be understood that such Japanese forces as may be necessary for this purpose will be stationed in Mane houkuo.

The present protocol she 11 come into effect from the date of its sign ture.

The present protocol has been drawn up in Jap :nese and Chinese, two identical copies being made in each laaguage, should any difference arise in regard to interpretation between the Japanese and the Chinese texts, the Japanese text shall prevail.

In witness whereof the under-signed, duly uthoiised by their respective Governments, have signed the present protocol and have affix ed their seals thereto.

Bone at Ksinking, this 15th day of the Ninth month of the Seventh year of Showa, corresponding to the loth day of the Ninth month of the First year of T;-turg.

( L.S . ) Nobuyoshi Vi TO Ambassador Extr .ordinary and Pie ripo t ent i,a ry of his lia je sty the Emperor of Jap n.

(L.S. ) CKSKG Ks iao-hsli Prime Minister of Manehoukuo. - 3 -

ANNEX 3.

stain s ::i_ o_y _jipa : s e coverivmsnt

September 15tli, 153? .

Manchuria is the land Ibr the preservation rf whose integrity Japan, on one memorable occasion, set her national destinies at stake. For twenty-seven years which have elapsed since, our people have participated in the development of . Their untiring efforts have rendered it prosperous land that it is to-day, and it had now come to have inescapable bearing upon our national defence and very existence of our people. Of recent years, however, the anti-foreign revolu­ tionary diplomacy which has been adopted by China under the influence of radical ideology has steadily encroached upon our all important rights and interests there, and finally the incident of September 18th last compelled Japan to resort to necessary measures of self-defence.

Upon the downfall of all the North-Eastern régime consequent upon the occurrence of the Manchurian affair, lead­ ing personalities in the Province of Mukden, Kirin, Heilung­ kiang and Jehol, Tungsheng Special District and the League of Mongolian Banners assembled in consultation, and on March 1st of this year promulgated a Declaration of Independence, by which they proclaimed severance as from that date of all relations with the Republic of China and the establishment of the independent State of Manchukuo. The Declaration set forth a constructive piogramme of the new State in which inter alia it has made clear its intention internally to abolish political corruption of the old regime end to carry out a policy characteristic of the "Kingly Way", and externally to honour a sense of justice to seek international good will and friendship to take over existing obligations and to respect the principle of Open Door and Equal Opportunity - domestic and foreign policies which are all very fair and above-board. On March ICth, the Manchukuo Government sent a communication to Japan and sixteen other countries, in which they repeated the above programme and requested them to establish normal diplomatic relations with Manchukuo.

With serious concern and minute attention the Imperial Japanese Government have closely followed the development of conditions in Manchukuo during last half a year and have come to recognise that Manchukuo’s sincerity and determination to carry out the above policies can be relied upon. For instance, Manchukuo has established a special committee in order to pre­ pare for the abolition of extra territoriality, opening up of interior to all foreigners alike and other treaty revisions, and in this regard its attitude directed as it has been to the attainment of desired revision through the agreement with the Powers concerned and without resorting t^ any unilateral measure of termination has been particularly notable.

Measures which have been taken for the reform of financial and other systems have also obtained appreciable results. Thus Manchukuo is now steadily developing into full maturity as an independent State and is assured of future full of promise. - 4 -

In consideration of the attitude of Manchukuo to domestic and foreign problems above referred to and of Japan’s interest in Manchuria as regard to vital importance of her national defence and existence of her people, the Imperial Japanese Government have set out to secure tranquillity in this region as soon as possible and to guarantee for all time to come foundations of security of the Empire and peace of Far East. With these purposes in view the Government instructed General Muto, His Majesty’s .Ambassador to sign on this date a Protocol recording agreement concluded with Manchukuo authori­ ties and thus accorded formal recognition to that country. That Japan's action in this connection is not derogatory to any treaty to which she is party has been made clear in the address of the Minister for Foreign Affairs made at the Imperial Diet on August 25th last.

The Protocol confirms the fact that Manchukuo is an independent State organised in accordance with free will of its inhabitants and it stipulates that all rights and interests which Japan and her subjects possess within the territory of Manchukuo by virtue of treaties and other agreements are to be confirmed and respected, thus doing away once fur all with all pending disputes concerning these rights and interests. Recognising the fact that any menace to Manchuria constitutes at the same time threat to safety and existence of the Empire, the Protocol further provides that Japan and Manchukuo are to co-operate in maintenance of their national security and that the Japanese forces necessary for this purpose are to be stationed in Manchukuo. It is the object of the Protocol thus to establish perpetual relationship of good neighbourhood between the two countries and to secure the peace of Far East. On several occasions the Japanese Government have declared that they harbour no territorial designs in Manchuria and the preamble of the Protocol reaffirms that both contracting Powers will mutually respect each other's territorial rights.

As regard to economic activities of foreigners, Man­ chukuo Government made clear in their communication of March ICth above alluded to that they would observe the principle of Open Door. What Japan desires in Manchuria is to do away with all anti-foreign policies there so that the region may become safe place of abo«73 for natives and foreigners alike while at the same time, guaranteeing her legitimate rights and interests there; and therefore it is hardly necessary to repeat the assurance that Japan sincerely hopes that all peoples of the world will pursue their economic activities in Manchuria un the footing of equal opportunity and will thereby contribute to development and prosperity of that region.

It is Safely to be espected that entire world will come to have ever increasing understanding of and confidence in the sincere desire and the earnest effort of Manchukuo to carry out its foreign and domestic policies and that Powers will make no long delay in establishing diplomatic relations with it. Iii according the formal recognition to Manchukuo, Japanese Goxrernment desire to express hearty wishes for the future of the country and a fervent hope that our people will spare no effort in fulfilling the duty of a friendly neighbour, so that two countries may live and flourish together in common prosperity.

m - 5 -

ANNEX G

The Speech delivered by Count Yasuya Uchid; Minister for Foreign Affairs, before the Diet, the 25th August 1932.

At the June Session of the Diet my predecessor took occasion to report upon and discuss the outstanding foreign relations of this country. To-day in view of the importance of the developments in Manchuria that have taken place since then I desire to review the questions of Manchuria and China proper and describe in some dets.il the policy of the Japanese Government.

We are all gratified to note that Manchukuo has enter­ ed upon a career of sturdy and healthy progress. The Japanese Government are convinced that the recognition of this new State is the only means of stabilizing a condition of permanent peace in the Far East. And it is with a view to the early extension of formal recognition to Manchukuo that we are making various arrangements, upon the expected completion of which in the near future our plan will be carried through.

However, there are those in other countries who do not fully comprehend the attitude of Japan toward China nor the measures she has taken since the incident of September 18 last year and who in default of a correct conception of the advent of Manchukuo look upon any recognition of Manchukuo by Japan as an illegitimate procedure.

In view of such misunderstanding as still persists, I avail myself of this opportunity to clarify Japan's position and expound to you the reasons why the Government considers the recognition of Manchukuo to be the only means of solving the Manchurian problem, although, in doing so, I may have to repeat what has already been set forth in successive declarations and statements issued in the past by the Japanese Government.

It is an indisputable fact that the chaotic condition of China and the so-called revolutionary policy carried on by China under the enthralling influence of an extravagant political dogma have been principally responsible for the unfortunate turn which intei’national relations have taken of recent years in the Far East. Although Japan has been the chief victim of this ab-- normal state of affairs in China, other countries have also suffered intolerable indignities and incalculable material loss. At the same time it is admitted by those conversant with actual conditions in China that no remedy can be affected by having recourse either to the Covenant of the League of Nations or to any other organ of what may be termed the "machinery of peace".

In fact, it has been the practice of the Powers, as has been demonstrated on innumerable occasions, to repair or prevent injuries to their important rights and interests in China by direct application of force without relying upon those "instruments of peace".

For over 20 years Japan has continued to exercise the - greatest patience and moderation in the hope that some day China Blight soberly undertake the task of rehabilitating her fortunes and playing her proper role in the maintenance of peace in the - 6 -

Far Fast. China failed, however, to show any sincere desire to reciptorate our good will and kindly sentiments; "but increased more than ever in her arrogance and intolerance. Our Government took pains time and again to preserve the patience of the Japanese people. But China did not heed our warnings. The incident of September 18 occurred in Manchuria, the very region regarded as the first bulwark of Japan, at the precise moment when the feeling of our people had been wrought up to the highest pitch by repeated provocations. We had no alternative other than to resort to measures of self-defence.

There are those who argue as though the action of Japan were a violation of the Kellogg-Briand Anti-War Pact. But such a contention has no foundation in fact. As I have stated, Japan has been forced to adopt the necessary measures for the prevention of wanton attacks upon important rights and interests vital to her national existence. The Anti-War Pact does not put any restraint upon the exercise of the right of self-defence in such a case. The Pact does not prohibit a signatory Power from taking at its own discretion whatever steps it finds imperative in order to remove immediate menaces to its territory, and its rights and interests of whatever kind. And, obviously, the exer­ cise of the right of self-defence may extend beyond the territory of the Power which exercises that right. Japan’s action is essentially identical with the action which other Powers have taken elsewhere in similar circumstances.

Following upon this action, legitimately taken by Japan in face of Chinese attacks, the officials of the régime presided over by Chang Hsueh-liang either fled or resigned, as you know, with the result of the practical extinction of that régime.

In the meantime among leading people of Manchuria who had long resented the tyranny of Chang and were opposed to plunging their land into the civil turmoil of China proper, a project for political reform was already under way. It is in every way natural that these leaders should have taken, as they did, advantage of the opportunity afforded by the downfall of Chang to launch out upon active mo me ment. ’’Peace Maintenance Committees" were accordingly organized in Mukden, and other centres. In view of our own responsibility in respect of the maintenance of peace and order in Manchuria we extended the necessary co-operation -to1 these committees. jt was the Manchurian leaders connected writh these committees who decided that the hour had struck for founding a new State. The establishment of Manchukuo was the outcome of a separatist move­ ment having for its background the geographical and historical peculiarities of Manchuria, as well as the psychological characteristics of the Manchurian people.

Those who seek to place upon Japan the responsibility for the Manchurian Revolution by tracing the independence of Manchukuo directly to our military operations simply labour under ignorance of the facts, and their opinions altogether miss the point. Again, as regards those who fancy that they detect a secret connection of some sort on the part of” Japan with the foundation of the new State, basing thekr suspicions on the fact that there are a number of Japanese in the employ of the Manchukuo Government, I need only point to the existence of .many precedents for the enlistment by young Governments of newly founded States of the services of foreigners. Our Government since the Meiji Restoration has employed many foreigners as advisers or as regular officials; their number, for instance, in the year 1875 or thereabouts exceeded 500. Those who misconstrue the presence of Japanese in the Manchukuo Government in the fashion alluded to are placing responsibility where it does not - 7 -

Manchpukuo has cone into beina., as I have already remarked, as a result of separatist movements within China herself. Consequently the view expressed in cert in quarters that the recognition of the new State thus created would constitute a violation of the stipulations of the Nine-Power Treaty is, in my opinion, incomprehensible. The Nine-Power Treaty does not forbid all sepr.ro11st movements in China or debar the Chinese in any part of the country from setting up of their free will an independent State. Hence should Japan extend her recognition to the existing Government of Manchukuo, founded by the will of the people of Manchuria, she wou^d not thereby as a sign .tory Power to the Nine-Power Treaty violate in m y way the stipul .tions of th t Treaty. Of course, it would be a different matter on the assumption that Japan was seeking to annex Manchuria, or otherwise satisfy a thirst for land. Only I hardy need to waste words in once more disclaiming at this juncture any terri tori al designs on our part, in Manchuria or ' nywheia else .

Thus far I have elucidated the theses th: t the attitude maintained by Japan towards China, and especially the measures we have taken since the incident of September 18, have been just and proper, th t the independence . of Manchukuo has been achieved th:ough the spontaneous will of the Manchurians and should be reguided as the consequence of the fissiparous movement in China, and that recognition by Japan of the new State thus created cannot violate the stipul' tions of the Nine-Power Treaty. Nov/ let me proceed further and dwell upon the rer.sons why the Jap nese Government consider the recognition of Manchukuo as the sole effective means of solving the Manchurian problem.

With regard to the question of finding a solution for the Mane hurl an problem the Japanese Government attach the great­ est importance to the following two points

First, th t in seeking a satisfactory solution we should aim ,t the fulfilment of the legitimate aspirations of the Manchurian people - at adequate guar ntees for; the rights and interests of Japan - at the prevention, in order to make Manchuria a safe place .like for Manchurians and foreigners, and finally, bringing not only stability to Manchuria, but permanent pence to the Far Bast.

Secondly, that such a solution should be effected by rejecting all sentimental propositions and abstract theories and arrived at upon the solid basis of the realities of the situation.

In view of the circumstances that led to the outbreak of last September and the immense sacrifices our country has been compelled to make in the past the Japanese Government felt the imperious need of arriving at a fundamental solution of the Manchurian problem on the lines of these two propositions, and of eliminating for 11 time causes of secular Sino-Jap nese conflict.

On the other hand, it ppears that in cert' in quarters a plan is being considered to reach a solution by P tching up matters for the moment by investing China proper in one form or another with authority over Manchuria. That such a pl'n would only serve to reproduce the situ tion pre­ ceding the incident of September 18 is only too plain to us who have been taught by bitter experience in the past. The people of l:p n c m never consent to ~ solution of that kind. noreover it is as clear as d'y th t the investment of China proper v/ith power over Manchuria, under whatever guise, is totally irreconcilable with the political creed enunciated in the declaration of independence and oth: r public staterents of the Manchukuo Government, and therefore that the scheme in .mestion has no chance of being accepted by Manchurians. Imposition upon Manchuria of what is not wanted by Manchuria would be as unjust as ill-advised, in th t it would only end by soi-ing the seeds of future trouble in that land.

As long as Manchukuo retains the sterling spirit in which it was founded and perserveres in its high purpose it is assured of ; future full of promise. Here and there we find persons sntert -aining exaggerated fear of the perils of banditry in Manchuria, or i.aking gloomy forecasts regarding the finances of the- country. But we refuse to join the company of these pessimists. Upheavals brought about by lawless elements arc universal phenomena to be observed in newly established States anywhere in the world. Whereas in most of such cases it takes some considerable time to put unrest down, it is only fair to say th t in Manchuria the suppression of banditry is making com- par tively rapid strides.

As for the financial status of Manchukuo I have been told that it is good, really far better than was anticip ted t first by th Manchurian authorities. In view of the vast territory, thriving population, and immense natural resources in its possession, there can be no doubt that Manchukuo, given a good Government , will emerge as a rich .nd prosperous country and come to be a great market for the world. It is my hope th t the healthy development of Manchukuo will not only bring h-opiness and prosperity to the 30 ,000,000 inhabitants of the country, but will serve as good example for the rehab Hit. tion of China proper.

As regards the conditions prevailing in China proper, I regret to say th t the growing disturbances in her domestic administration, coupied rith the rrmpant activities of Communist bandits throughout an extensive area in the Yangtze valley and South China, are casting gloomy shadow on the path of the National Government. Besides, as the anti-foreign, especially anti-Japanese, movement still continues unabated, further complications re likely to arise in the foreign relations of China, which in turn will make her internal con­ fusion vorse confounded. Our deep sympathy is due to the Chinese people, who have to suffer under these troubled conditions.

The whole world will rejoice should China realise the grr vity of the situation, cast aside her ill-advised foreign policy, and adopt in earnest a constructive programme of devotion to the task of intern 1 adjustment. It goes without saying that Japan, always conscious of the general interest of the Far East, will spare no effort to afford all possible assistance to China. Indeed, it is my earnest hope that the day is not far distant when Japan, Manchukuo and China, as three independent Powers closely linked together by bonds of culture and racial affinities, will co-operate hand in hand for the maintenance and advancement of the peace and prosperity of the FarEast, as well as for the peace of the world and the civilisation of manki nd .