500.C115 Paris/10–2645: Telegram

The Secretary of State to the Ambassador in France (Caffery)

5100. For Mulliken. Dept. received urtel 6209 Oct. 24 on Oct. 29. Difficult to determine here whether intention to seek final decision on three articles continues. Instructions were based upon expectation Resolution II would merely submit proposed amendments to Members for comment with consideration of adoption to be undertaken at next General Session. Note instructions on Article 18 as to amendment [Page 1553] process. There is a question how any constitutional amendment may be undertaken while League exists without following procedure of Constitution Article 36.46 However if submission to Members is to be undertaken for action to be effective conditional upon dissolution of League, emergency condition may justify action by this Session.

If Plenary Session undertakes to seek final action at this time despite lack of previous notice or adequate study by Members, risk of adverse reception by competent authority here should be recognized. If Session is to vote, US delegates are instructed to seek modifications set forth in instructions and are further instructed as follows:

Article 13: Forbes Watson amendment jeopardizes US acceptance of this Article. However US delegates may vote in favor if they record position expressed by Goodrich as per urtel 6229. Matter need not be reopened in Plenary Session unless final action is sought.

Articles 7 and 3 may be supported subject to general position in previous instructions.

Labor concurs.

  1. Article 36 reads as follows: “Amendments to this part of the present Treaty which are adopted by the Conference by a majority of two-thirds of the votes cast by the Delegates present shall take effect when ratified by the States whose representatives compose the Council of the League of Nations and by three-fourths of the Members.”