724.34119/195: Telegram
The Ambassador in Argentina (Weddell) to the Secretary of State
[Received 8:22 p.m.]
217. From Dawson. Department’s 127, September 23, 6 p.m. Informed Saavedra Lamas this afternoon that it seemed doubtful that any member of the Supreme Court of the United States would be able to accept an invitation to serve on the International Commission on War Responsibility in view of the magnitude of tasks before the Supreme Court.
He showed me the final draft of the request regarding the Commission which was prepared last evening by the appropriate committee and which he proposes to introduce Friday in a plenary session of the Conference. This provides that the third and presiding member of the Commission shall be a Justice of the Supreme Court of the United [Page 149] States or a judge of one of our higher courts, the Supreme Court being requested to indicate this member.
I suggested that the most practicable solution might be to revert to the provision of the original proposal transmitted with the delegation’s despatch No. 31 of August 3,92 whereby the two Governments requested by Bolivia and Paraguay to designate members would in agreement approach a third state for the designation of the other member; that in this way the door would be left open for the appointment of an American judge if one were available or if not for the designation of one of another nationality.
The chairman insisted, however, that both Bolivia and Paraguay wanted definite provision for an American presiding judge (from my conversations with their delegates this seems to be the case) and that their agreement on the setting up of the International Commission might be endangered if it were not clearly stipulated. He said that he intended to telegraph Espil to make representations to the Department so as to ensure the acceptance by an American judge of the proposed invitation. [Dawson.]
- Not printed.↩