793.94 Commission/788: Telegram

The Minister in Switzerland (Wilson) to the Secretary of State

103. My 102, February 11, 2 p.m. Drafting committee met last evening. Meeting was secret as usual so that we have no direct, authoritative source such as Sweetser, with respect to Committee of Nineteen. I give below a synthesis of the information in possession of the best-informed newspaper correspondents and from sources in Secretariat of the action taken last night. I am inclined to think that this synthesis comes pretty close to the facts.

The Committee of Nineteen will meet tomorrow morning to receive the report of the drafting committee. It is hoped that the Assembly may be called to meet on or about February 20th.

Draft recommendations:

Part I

1.
Article X of the Covenant. First paragraph of the Kellogg-Briand Pact. The Nine-Power Treaty.
2.
March 11th resolution.
3.
The 10 points of chapter 9 of the Lytton Report. The 10th point regarding international cooperation in Chinese reconstruction ends with first paragraph of that point.

(This documentation in part I is not quoted as from Covenant and various treaties, et cetera, but is set down de novo, it might be said, as the enunciation of certain fundamental principles.)

Part II

This part commences with a preamble to the effect that all recommendations in this section are under paragraph 4 of article XV of the Covenant. I understand this is to attempt to avoid extension of article XVI.

1.
Establishment of a Negotiating Committee which would include the United States and Russia. It was left to the Committee of Nineteen to fill in the names of the League members. Their choice was to be determined by the willingness of states to take responsibility and the practicability of their doing so, having in mind representation in the Far East where presumably the Committee will function. The paramount duty of the Negotiating Committee shall be to give Manchuria a new organization compatible with the sovereign rights of China assuring the maintenance of order and protection of the legitimate rights and interests of Japan.
2.
Withdrawal of Japanese troops to the railway zone is of urgent importance. This should be the immediate and first object of the Negotiating Committee.
3.
The Committee is charged with the carrying out of all the other principles contained in the Lytton Report.
4.
All Sino-Japanese negotiations with regard to these recommendations shall take place in the presence of and under the supervision [Page 170] of the Negotiating Committee. In case of deadlock the Committee shall report to the Assembly which shall render an authoritative decision by majority vote.

Part III

1.
Members of the League are agreed not to recognize Manchukuo either de jure or de facto. They pledge themselves to take no action which will prejudice these recommendations.
2.
A statement made in conclusion which has to do with informing nonmember states and in one way or another inviting association with the action. The three different versions I have are as follows:
(a)
Nonmember states shall be informed of the above pledge and asked to associate themselves therewith.
(b)
Signatories of the Kellogg-Briand Pact and the Nine-Power Treaty shall be sent texts of the report and recommendations and shall be asked to associate themselves with the report in case of need.
(c)
Signatories of the Kellogg-Briand Pact and Nine-Power Treaty shall be asked to refrain from recognition, from action inconsistent with the recommendations or prejudicial thereto, and as soon as the Assembly has agreed upon the report it shall ask these signatories to associate themselves therewith.

Wilson