501.BC/4–1346: Telegram

The Secretary of State to the United States Representative at the United Nations ( Stettinius )

secret

19. For Johnson from Hiss. Reference our telegram April 1320 sending text of two rules for use in informal conversations with the representatives on the Committee of Experts.

In general, after discussion with Mr. Cohen, we feel that you must make it clear to the Committee that its agreement on any rule of procedure must be regarded only as tentative and not binding on the United States. In other words, your acceptance as a representative on the Committee of an agreed rule of procedure is an ad referendum acceptance and is subject to approval here.

We still retain our view that controversial rules should not be discussed prematurely by the Committee of Experts and would therefore prefer the Committee to consider rules which are susceptible of prompt agreement and do not involve Charter interpretation.

We are not prepared to recommend Rule B set forth in the earlier telegram as the firm position of the United States Government. However, it can be used to promote discussion in the Committee of Experts or elsewhere and may be helpful in your efforts to persuade the other [Page 264] members to the view that a permanent member may abstain from voting on the Council without exercising a veto.

The question of the matters before the Council to be decided by a procedural vote or by a substantive vote is one that should be considered by the Committee of Experts in its entirety and not in its application to a single case. We would recommend that the Committee could usefully consider an inventory of matters which should be determined by the Council by substantive and by procedural votes. This would enable the Committee members to see the problem as a whole and to evaluate the extent to which Council action must be taken by one or the other types of vote.

We suggest that Rule C be used as a first step in discussion only if the Committee determines to proceed to the immediate consideration of Rule 31, proposed by the Soviet representative or another specific rule dealing with other problems set forth in Rule C. [Hiss.]

Byrnes
  1. Telegram 18, supra.