793.94/2988: Telegram
The Chargé in France (Shaw) to the Secretary of State
827. From Ambassador Dawes. Following is Sweetser’s report:
“The twelve members of the Council other than the Chinese and Japanese representatives tonight formally approved and transmitted to the two parties the draft resolution as presented by the Draft[ing] Committee. The text is as follows:
‘The Council,
(1) Reaffirms the resolution passed unanimously by it on September 30th, 1931, by which the two parties declare that they are solemnly bound. It therefore calls upon the Chinese and Japanese Governments to take all steps necessary to assure its execution, so that the withdrawal of the Japanese troops within the railway zone may be effected as speedily as possible under the conditions set forth in the said resolution.
(2) Considering that events have assumed an even more serious aspect since the Council meeting of October 24th, notes that the two parties undertake to adopt all measures necessary to avoid any further aggravation of the situation and to refrain from any initiative which may lead to further fighting and loss of life.
[Page 610](3) Invites the two parties to continue to keep the Council informed as to the developments of the situation.
(4) Invites the other members of the Council to furnish the Council with any information received from their representatives on the spot.
(5) Without prejudice to the carrying out of the above-mentioned measures, Desiring, in view of the special circumstances of the case, to contribute towards a final and fundamental solution by the two Governments of the questions at issue between them,
Decides to appoint a commission of five members to study on the spot and to report to the Council on any circumstances which, affecting international relations, threatens to disturb peace between China and Japan, or the good understanding between them, upon which peace depends.
The Governments of China and of Japan will each have the right to nominate one assessor to assist the commission.
The two Governments will afford the commission all facilities to obtain on the spot whatever information it may require.
It is understood that should the two parties initiate any negotiations these would not fall within the scope of the terms [of reference] of the commission, nor would it be within the competence of the commission to interfere with the military arrangements of either party.
The appointment and deliberations of the commission shall not prejudice in any way the undertaking given by the Japanese Government in the resolution of September 30th as regards the withdrawal of the Japanese troops within the railway zone.
Should the engagements taken by the two parties according to the resolution of September 30th not have been carried out by the time of the arrival of the commission, the commission shall as speedily as possible report to the Council on the situation with such recommendation as it may think fit.
(6) Between now and its next ordinary session, which will be held on January 25, 1932, the Council, which remains [will remain?] seized of the question, inviting its President to follow the question and to summon it afresh if necessary.
Paris, December 1, 1931.’
The Twelve also approved the principal parts of the President’s declaration regarding evacuation, police measures pending evacuation, military information, and the sections on the commission of inquiry other than constitution. The only change in the text previously transmitted on police measures was the addition in the third line after Manchuria of the phrase ‘as a result of recent events’. It was felt best to transmit the text as so far drafted, to the parties ‘for information’ in order to avoid the danger of a possible incident.
A general exchange of views then followed to serve as guidance to the Drafting Committee tomorrow in its preparation of the part of the declaration regarding the membership of the commission. The Peruvian representative raised the question as to the countries from which the members were to come and urged that the general worldwide nature of the League be borne in mind. Colban felt that the almost exclusive consideration should [be?] the qualifications of the members regardless of nationality though certain nations were clearly indicated by knowledge and experience as the most likely to provide capable men. Madariaga agreed with this with the urgent hope, however, that, if five members were decided upon, one should be from a neutral country without direct interests, which he disclaimed any intention of saying should be his own. Scialoja said the first consideration must be ability but that the weight and power of the country from which the members came would also have a great importance. Cecil then made an earnest plea for the highest type of membership possible to attain. The task would be a very difficult and responsible [Page 611] one. It centered about a dispute involving two great nations, one of 60,000,000 people and the other of nearly 400,000,000 who had had long years of bitter hostility which had now become very acute. The peace of the Far East was certainly at stake and perhaps that of the world. It was estimated to have a personnel of the very highest type and desirable to have nationals carrying the weight of countries known and interested in the East. He begged his colleagues not to go above five; the more men there were, the more differences of opinion there would be. He agreed that experts as such should not be included; he thought it possible however to secure big men with expert knowledge. In this connection there is a great deal of private discussion as to a possible American choice and as to whether or not the United States Government would care to make a recommendation or be consulted unofficially on the subject.
The Drafting Committee meets tomorrow morning to finish the President’s declaration and the Twelve tomorrow afternoon.”
- [Dawes]
- Shaw
- Telegram in five sections.↩