Trade;   China (reprisals)_15/ ff~/59
No» 89*
briww smbassy,
washzhgtoh, ».o.f
January 1989*
My Lord*
In paragraph 8 of my telegram Ho* 478
of the 83rd December, 1938, Z reported some
outspoken remarks by Senator Key Pittraan, Chairman
of the Foreign delations Committee of the Senate,
on the American people's "dislike" of the German
and Japanese governments.   X now have the honour
to report that on the 2nd January, Senator Pittman
made some further remarks en the subject of Japan.
2. Asked by a reporter for hie own personal
?lew as to what should bo done la case the Japanese
reply to the latest Amerloaa note regarding the
Open Door la China should be unsatisfactory, the
Senator Is reported to have replied: "If the
Japanese continue la their actions Z would like to
see our Government in sows way ostracise them".
Such ostracism, ho explained, might take the form
of aa embargo on Japanese goods entering the United
States and, if the country wished to go further, they
mighta through Congress, put aa embargo upon all
export trade to Japan*   "1 assume it would make
the Japanese Government very angry" continued the
senator.   "They might retaliate by the confiscation
of/
The Bight Honourable
The Viscount Halifax, K. G.,
etc.,        etc»» etc.
I '-h VALM :CB: AC2M: NT
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of property of American citizens In Japan and
even in China A are they have military control.
They aight even declare that diplomatic relations
are broken off*   That ie ae far ae an intelligent
government can go*   X cannot conceive, however.
that they would go any further*   The Japanese
statesmen are too intelligent to deelare war against
the United States*   In the first plaee such a
declaration would be absurd*   They know and we know that
they do not intend to cross the Pacific Ocean to attack
us*   Such a declaration would do them no good and do
us bo harm".
5* Senator Pit fan then explained the action
which might in fact be taken to exert economic
pressure on "dictator governments".   Referring to
section 58 of the last Tariff Act under which the
President Is empowered to restrict imports from those
nations which erect undue barriers against United
States goods* he said "it is contended by those who
have studied the statutes that the President has
authority under certain circumstances to prohibit by
proclamation imports from Japan or any other country
that is guilty of acts specified in the law*   1% is
my present opinion that such a statute was not
intended by Congress to grant to the President the
authority to place an embargo upon the export of goods
to any country.   The Neutrality Act does great such
authority to the president in particular oases, but
even then limits such authority to definitely
described arms* ammunition and implements of war*
This act would be entirely unnecessary if the President
has/
Z3
•8-
has the authority, under any tariff act, to place
a general embargo upon the export of everything
under certain conditions.   In other words, if the
people of this country and their representatives
in Congress desire to stop the shipment of scrap
iron, for instance, to Japan, their purpose can
only he oarried on through an act of Congress*
The question is:   So they desire such an act of
Congress?   Hill the great peace societies of the
country together with the charitable organisations
and other organisations, place themselves on record
as favoring such legislation, or will they oppose
it?   Their action in the matter will naturally have
great weight with Congress.*
His Majesty's Ambassadors at Tokyo and Shanghai.
L^I have the honour to he,
with the highest respect,
My Lord,
Your Lordship's most obedient,
humble servant,
Z am sending a^copy
(SOD) V.A.L. MALLET
H.M. Charge* d*Affaires