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Kellogg-Briand Pact - Bruce Frohnen, The American Nation: Primary Sources [2008]

Edition used:

The American Nation: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2008).

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Kellogg-Briand Pact

By the President of the United States of America
A PROCLAMATION

WHEREAS a Treaty between the President of the United States of America, the President of the German Reich, His Majesty the King of the Belgians, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Poland, and the President of the Czechoslovak Republic, providing for the renunciation of war as an instrument of national policy, was concluded and signed by their respective Plenipotentiaries at Paris on the twenty-seventh day of August, one thousand nine hundred and twenty-eight, the original of which Treaty, being in the English and French languages, is word for word as follows:

the president of the german reich, the president of the united states of america, his majesty the king of the belgians, the president of the french republic, his majesty the king of great britain, ireland and the british dominions beyond the seas, emperor of india, his majesty the king of italy, his majesty the emperor of japan, the president of the republic of poland, the president of the czechoslovak republic,

Deeply sensible of their solemn duty to promote the welfare of mankind;

Persuaded that the time has come when a frank renunciation of war as an instrument of national policy should be made to the end that the peaceful and friendly relations now existing between their peoples may be perpetuated;

Convinced that all changes in their relations with one another should be sought only by pacific means and be the result of a peaceful and orderly process, and that any signatory Power which shall hereafter seek to promote its national interests by resort to war should be denied the benefits furnished by this Treaty;

Hopeful that, encouraged by their example, all the other nations of the world will join in this humane endeavor and by adhering to the present Treaty as soon as it comes into force bring their peoples within the scope of its beneficent provisions, thus uniting the civilized nations of the world in a common renunciation of war as an instrument of their national policy;

Have decided to conclude a Treaty and for that purpose have appointed as their respective Plenipotentiaries:

THE PRESIDENT OF THE GERMAN REICH:

Dr Gustav Stresemann, Minister for Foreign Affairs;

THE PRESIDENT OF THE UNITED STATES OF AMERICA:

The Honorable Frank B. Kellogg, Secretary of State;

HIS MAJESTY THE KING OF THE BELGIANS:

Mr. Paul Hymans, Minister for Foreign Affairs, Minister of State;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr. Aristide Briand, Minister for Foreign Affairs;

HIS MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:

For Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members of the League of Nations:

The Right Honourable Lord Cushendun, Chancellor of the Duchy of Lancaster, Acting Secretary of State for Foreign Affairs;

For the Dominion of Canada:

The Right Honourable William Lyon Mackenzie King, Prime Minister and Minister for External Affairs;

For the Commonwealth of Australia:

The Honourable Alexander John McLachlan, Member of the Executive Federal Council;

For the Dominion of New Zealand:

The Honourable Sir Christopher James Parr, High Commissioner for New Zealand in Great Britain;

For the Union of South Africa:

The Honourable Jacobus Stephanus Smit, High Commissioner for the Union of South Africa in Great Britain;

For the Irish Free State:

Mr. William Thomas Cosgrave, President of the Executive Council;

For India:

The Right Honourable Lord Cushendun, Chancellor of the Duchy of Lancaster, Acting Secretary of State for Foreign Affairs;

HIS MAJESTY THE KING OF ITALY:

Count Gaetano Manzoni, his Ambassador Extraordinary and Plenipotentiary at Paris.

HIS MAJESTY THE EMPEROR OF JAPAN:

Count Uchida, Privy Councillor;

THE PRESIDENT OF THE REPUBLIC OF POLAND:

Mr. A. Zaleski, Minister for Foreign Affairs;

THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:

Dr Eduard Benès, Minister for Foreign Affairs;

who, having communicated to one another their full powers found in good and due form have agreed upon the following articles:

Article I

The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another.

Article II

The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.

Article III

The present Treaty shall be ratified by the High Contracting Parties named in the Preamble in accordance with their respective constitutional requirements, and shall take effect as between them as soon as all their several instruments of ratification shall have been deposited at Washington.

This Treaty shall, when it has come into effect as prescribed in the preceding paragraph, remain open as long as may be necessary for adherence by all the other Powers of the world. Every instrument evidencing the adherence of a Power shall be deposited at Washington and the Treaty shall immediately upon such deposit become effective as between the Power thus adhering and the other Powers parties hereto.

It shall be the duty of the Government of the United States to furnish each Government named in the Preamble and every Government subsequently adhering to this Treaty with a certified copy of the Treaty and of every instrument of ratification or adherence. It shall also be the duty of the Government of the United States telegraphically to notify such Governments immediately upon the deposit with it of each instrument of ratification or adherence.

IN FAITH WHEREOF the respective Plenipotentiaries have signed this Treaty in the French and English languages both texts having equal force, and hereunto affix their seals.

DONE at Paris, the twenty-seventh day of August in the year one thousand nine hundred and twenty-eight.

[SEAL]GUSTAV STRESEMANN
[SEAL]FRANK B KELLOGG
[SEAL]PAUL HYMANS
[SEAL]ARI BRIAND
[SEAL]CUSHENDUN
[SEAL]W. L. MACKENZIE KING
[SEAL]A J MCLACHLAN
[SEAL]C. J. PARR
[SEAL]J S. SMIT
[SEAL]LIAM T. MACCOSGAIR
[SEAL]CUSHENDUN
[SEAL]G. MANZONI
[SEAL]UCHIDA
[SEAL]AUGUST ZALESKI
[SEAL]Dr EDUARD BENES

Certified to be a true copy of the signed original deposited with the Government of the United States of America.

Frank B. Kellogg
Secretary of State of the United States of America

AND WHEREAS it is stipulated in the said Treaty that it shall take effect as between the High Contracting Parties as soon as all the several instruments of ratification shall have been deposited at Washington;

AND WHEREAS the said Treaty has been duly ratified on the parts of all the High Contracting Parties and their several instruments of ratification have been deposited with the Government of the United States of America, the last on July 24, 1929;

NOW, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

DONE at the city of Washington this twenty-fourth day of July in the year of our Lord one thousand nine hundred and twenty-nine, and of the Independence of the United States of America the one hundred and fifty-fourth.

[seal] Herbert Hoover

Note by the Department of State Adhering Countries

When this Treaty became effective on July 24, 1929, the instruments of ratification of all of the signatory powers having been deposited at Washington, the following countries, having deposited instruments of definitive adherence, became parties to it:

AfghanistanFinlandPeru
AlbaniaGuatemalaPortugal
AustriaHungaryRumania
BulgariaIcelandRussia
ChinaLatviaKingdom of the Serbs,
CubaLiberiaCroats and Slovenes
DenmarkLithuaniaSiam
Dominican RepublicNetherlandsSpain
EgyptNicaraguaSweden
EstoniaNorwayTurkey
EthiopiaPanama

Additional adhesions deposited subsequent to July 24, 1929.

Persia, July 2, 1929; Greece, August 3, 1929; Honduras, August 5, 1929; Chile, August 12, 1929; Luxemburg, August 14, 1929; Danzig, September 11, 1929; Costa Rica, October 1, 1929; Venezuela, October 24, 1929.

  • Note on Chinchow, Henry L. Stimson, 1932

Japan was among the signatories to, and most flagrant violators of, the Kellogg-Briand Pact. Its continued military actions in China had brought condemnation by the League of Nations but little action. Among those refusing to act was the U.S. president Herbert Hoover, who, facing the Great Depression and a public clearly opposed to any intervention in the Far East, did not desire to risk inviting further aggression from Japan by taking a strong stand against its incursions in the region of China then called Manchuria. By 1932 Japan had secured control over the region and established Manchukuo—a separate state under a puppet government. Hoover’s secretary of state, Henry L. Stimson, sought to salvage America’s Open Door Policy regarding China through the note reproduced here, which was forwarded to both the Chinese and the Japanese governments. Stimson’s statement of America’s refusal to recognize changes brought about through violations of the Kellogg-Briand Pact was met by Japan with diplomatic demurrers and further military action in China. There was no substantive American response, until the eventual outbreak of World War II.