501.BC/3–1948: Telegram

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

confidential

158. 1. While we doubt if Chinese resolution (urtel 314, Mar 191) is acceptable to both parties and could not vote for it in present form unless it were, we believe it constitutes framework within which fair settlement can be achieved.

2. In informal conversations with other delegations comment on Chinese draft resolution may be made as follows:

a.
There should be more definite indication of role of SC Commission in observing implementation of provisions for terminating the fighting and holding the plebiscite.
b.
Draft lacks provision as to how law and order to be maintained in areas from which Indian troops and tribal fighters withdrawn; we believe that this problem can be met by stipulating that local personnel in each district be utilized insofar as possible for this purpose, subject to additional requirements which may arise from the holding of the plebiscite.
c.
There are no provisions giving the Plebiscite Director and his staff such powers for maintenance of law and order as the Plebiscite Administration considers necessary for the purpose of holding a fair plebiscite, including judicial powers.
d.
It fails to provide Director with authority to report to the Security Council Commission and through it to SC.

3. As to tactics to bring about desired changes in Chinese draft resolution, we are still anxious avoid formal and overt initiative. In view President’s invitation to parties for them to submit amendments in writing, suggest that you use friendly influence with Pakistan representative to encourage him submit amendments along lines indicated above and also discuss with Chinese representative possibility his amending his own resolution in these respects.

4. We believe that whether or not above procedure has successful results it would be desirable for President SC to ask for assistance representatives of Belgium, Canada and Colombia to constitute informal [Page 314] drafting committee (thus consisting all SC members who have submitted formal proposals). You may suggest this move to President earliest opportunity. Such of US proposals set out under paragraph 2, above, as had not been incorporated in Chinese draft by time this drafting committee met could then be informally intimated to the members thereof.

5. Foregoing discussed informally with Sir Paul Patrick (UK Del) in Wash Mar 20.2 US and UK thinking found to be virtually identical. It was agreed that US and UK dels should take separate but parallel action along above lines.

Marshall
  1. Not printed.
  2. No memorandum of this conversation has been found in the Department files.