793.94/3002: Telegram
The Chargé in France (Shaw) to the Secretary of State
833. From Ambassador Dawes. Following is report from Sweetser:
“Massigli outlined to the Drafting Committee today Briand’s intentions regarding his final declaration after the adoption of the resolution. He planned to stress that the League’s first duty had been to preserve peace and that it was operating under article 11 requiring the consent of both contesting parties. The result therefore should not be taken as a model settlement but as a wholly exceptional one due to exceptional circumstances. He planned also to mention the other treaties involved in the Kellogg Pact and the Nine-Power Treaty and to stress the general doctrine of the League for peaceful settlement in contradistinction to the use of force. Cecil submitted some notes to meet the Japanese contention that they had not broken the Covenant because they had not resorted to war. He felt they had committed acts of war which certainly constituted a violation of the whole spirit of the Covenant as the acts put the question of war and peace entirely out of the control of the initiating state.
[Page 613]A sharp diverse view then developed as to the nationality of the members of the commission. Madariaga said he had just been informed that the Germans who had hitherto not asked to have a national on the committee now said that if the other four great powers, Britain, France, America and Italy were to be included it would hardly be fair to leave Germany out. Whatever the decision on this point Madariaga felt it would not be right to make the commission exclusively of great powers’ nationals without any national from a small power without special interest in Asia. He urged that someone without direct material interests be included to represent the purely general and disinterested point of view and felt himself under obligations to press this view in the light of the general interests of the League, even if it had to go to a public meeting.
Drummond pointed out that the Japanese were willing to have a small power especially interested, either Holland or Belgium, but felt that in a matter of vital importance to themselves they could not look with favor on the choice of a national from a small power having purely theoretical interests. Cecil strongly contested Madariaga’s view, saying there was no reason to assume that nationals of the great powers would not represent the general League viewpoint and that to argue for a representative of the small powers was equally to argue a special political affiliation. He urged that men be chosen regardless of nationality.
After many different suggestions for turning this difficulty, for instance, by appointing three members plus a president, or by automatically choosing nationals from the other seven powers engaged in the Nine-Power Treaty, a temporary compromise suddenly developed by which the Committee decided that, as the commission was of such vital concern to both Japan and China, the wisest and the fairest course would be to sound out the representatives of the two countries concerned and see if they had any suggestions which might help the Committee in its difficulty.
The only other development of the morning was the submission to Briand by the Japanese of a revised aide-mémoire on the situation at Chinchow, which is interesting as adding the two following conciliatory paragraphs:
‘The Japanese Government, in making the above reservation (on possible police measures) does not do so with the thought of any probable eventuality. It has in mind only the possibility, in its eyes extremely improbable, of events of such gravity and urgency that in view of its responsibility for the security of its nationals and soldiers, it might find itself in the absolute obligation of having recourse to measures of an imperious and exceptional character. Should such an eventuality arise, the Japanese Government would wish not to see itself placed before the alternative either of failing in the responsibility incumbent upon it or of violating an engagement contracted by it.
It is well understood that the withdrawal of Chinese troops foreseen herein constitutes only a temporary measure while awaiting the general settlement of the Manchurian question.’”
- [Dawes]
- Shaw
- Telegram in three sections.↩