793.94/3886: Telegram
The Consul at Geneva (Gilbert) to the Secretary of State
67. Department’s 32, January 30, 5 p.m.
1. Olds, representing Yen, called on me this morning and asked me if there had been any change in regard to Washington’s attitude respecting the Nine-Power [Treaty?]. Inasmuch as an inquiry from China in this respect did not seem entirely applicable to the policy expressed in the Department’s telegram under reference I based my reply again upon the position described in the Department’s 29, January 27, 6 p.m., only discussing with Olds in a general way the advantages seen in a support on the part of Council members of the American position as set forth in its identic notes of January 7. I am making the foregoing clear to the Department as Olds told me that Yen had received further telegrams from the Chinese Chargé d’Affaires in Washington conveying his interpretation of more recent views which he said had been expressed to him in the premises by officers of the Department. I handled the matter with Olds as I have stated in order to avoid any possible confusion arising from the continual inquiries which the Chinese seem to be putting forth on this point both in Washington and with me.29
Olds informed me that he felt if the Nine-Power Treaty be invoked it should be done by the complaining power, i.e., China. He said that Yen had telegraphed his Government “to renew its study of the question.” Olds is somewhat inclined to think that if the situation does not ameliorate China may invoke the treaty within the next few weeks.
[Page 177]3. There has been so much in the atmosphere here in Geneva concerning the Nine-Power [Treaty?] that I thought it well to obtain if possible some light on the situation provided I could do so without making any reference whatsoever to American policy either as expressed in the Department’s telegram under reference or in any previous telegrams. I found the opportunity to do it this morning in the course of a conversation I had with Drummond on an entirely different matter. I incidentally obtained from him in this manner certain information and likewise an expression of his views on this question which I think the Department may find useful in a consideration of its position should the question of an invocation of the treaty be brought directly before it. (Note Consulate’s 35, January 26, 4 p.m., paragraph 4(2).)
4. Drummond disclosed to me that a few days ago he had placed before the representatives of Great Britain, France and Italy the question of the Nine-Power Treaty merely to obtain their views and without advocating any course. He said that these representatives saw in its invocation a great advantage in that it provided a specific means for the collaboration of the United States with the other powers which did not exist at present. On the other hand they feared that Japan could in perhaps obvious ways, and also in ways that might not be foreseen, take advantage of the double jurisdiction thus created to confuse the issue and perhaps to escape from some of its present commitments. In particular the League authorities do not wish to lose the advantages which are now afforded under article 15 of the Covenant to conduct investigations without, if necessary, the assent of Japan. The consensus of opinion was that an invocation of the treaty at the present time is undesirable. What other preoccupations these powers may have had in reaching this conclusion is naturally a matter of speculation.
5. Drummond is of course cognizant of the fact that China is giving consideration to invoking the treaty. Taking as a basis that China decides to invoke the treaty, Drummond feels that the procedure followed in its invocation might become a matter of great importance. Although the implementing of the treaty does not necessarily involve the calling of a conference he believes that to accomplish any tangible results a conference would be essential. If a conference were not called Japan might merely state her willingness to enter into “full and frank communication” with the powers (which she has already declared she would do with the Council) and the situation would be no further advanced. I have reason to believe that in his conversations with Yen Drummond is advising Yen that if China decides on her own responsibility to invoke the treaty that China suggest at the same time that the [Page 178] presence of the representatives of the various powers in Geneva afforded an opportunity for their meeting in Geneva which would not only serve the purpose of an immediate and convenient place of meeting but lend effect in a coordination between the efforts of the powers party to the treaty and that of the League. I believe, however, that the general line Drummond is taking with Yen is with a view to dissuading China from invoking the Nine-Power Treaty at least at the present time.