Foreign Relations of the United States Diplomatic Papers, 1933, The Far East, Volume III

793.94 Commission/748: Telegram

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

Geneva, January 18, 1933—7 p.m.
[Received January 18—6:55 p.m.]

80. Second paragraph of my 78, January 16, 9 p.m., referred to texts prepared by Sugimura and transmitted to the Japanese Government by Matsuoka. A member of the Japanese delegation has handed me today three documents:

1. A declaration of the President.

2. Draft resolution number 1,

3. Draft resolution number 2.

At the same time he stated that the Japanese delegation had notified the Committee of Nineteen that it was ready to accept the texts with only one modification of substance, namely: the elimination of the right of the small committee to invite the participation of non-member states. The first two documents are entitled “project of Sugimura-Drummond January 12 and 13, 1933” (in this connection see my 72, December 15, 9 p.m.,²⁶ for comparison of these texts with those drawn by Committee of Nineteen). Following is our translation of French texts:

“Declaration of the President.

1. The Assembly in its resolution of December 9 charged its Special Committee.

• ‘(1) To study the Report of the Commission of Inquiry, the observations of the parties, as well as the opinions and suggestions expressed in the Assembly in whatever form they have been presented.
• (2) To draw up proposals with a view to the settlement of the dispute which has been brought before it under the Council resolution February 19, 1932.
• (3) To submit these proposals to the Assembly at the earliest possible moment’.

2. If the Committee had had to lay before the Assembly a picture of events and an appreciation of the general situation it would have found all the time [sic] elements necessary for such a statement in the first eight chapters of the Report of the Commission of Inquiry.

3. But tie time has not yet come for such a statement. In accordance with article 15, paragraph 3 of the Covenant, the Assembly must first of all endeavor to effect a settlement of the dispute by conciliation and if such efforts are successful it shall publish a statement giving such facts as it may deem appropriate.

4. So long as the efforts on the basis of article 15, paragraph 3, are continued, a sense of the responsibilities placed on the Assembly in the various contingencies provided for in the Covenant obliges it to maintain a particular reserve. Hence, the Committee has con, fined itself in the draft resolution, which it is today submitting to the Assembly, to making proposals with a view to conciliation.

5. By the Assembly’s resolution of March 11,²⁷ the Special Committee was instructed to endeavor to prepare the settlement of the dispute in agreement with the parties.

6. For the practical work of the finding of a solution it is proposed that the Special Committee select from among its members a small committee which will be charged with aiding the two parties to resolving definitely and basically the questions which are pending between them. It is likewise proposed that the small committee may invite representatives of other states members or nonmembers of the League of Nations to participate in its work.

7. The small committee will have all the powers necessary for the execution of its mission. In particular, it may consult the experts and make use of their services.

8. The members of the small committee will be guided in law by the principles of the Assembly resolution of March 11, 1932 and in fact, taking into account the observations of the parties, by the statements made in the first eight chapters of the Report of the Commission of Inquiry. In regard to solutions to be considered they will look for them as set out in paragraphs 3 and 4 of the resolution in accordance with the principles set forth in chapter 9 of the Report of the Commission of Inquiry.

9. The report of the Special Committee of Nineteen will be submitted to the Assembly which will take such decision as may be appropriate thereto. Further, in order that the settlement of the dispute may not be made more difficult, the Committee firmly ex-pects, and I feel sure that the Assembly will agree, that no member of the League will take action which is not in conformity with the principles contained in the Covenant of the League of Nations, the Pact of Paris, the Nine-Power Treaty, its own resolution of March 11 and the present resolution.

Draft resolution 1.

The Assembly,

1. Recognizes that according to the terms of article 15 of the Covenant its first duty is to endeavor to effect a settlement of the dispute and that consequently it is not at present called upon to draw up a report stating the facts of the dispute and its recommendations in regard thereto.

2. Considering that by its resolution of March 11, 1932, it laid down the principles determining the attitude of the League of Nations in regard to the settlement of the dispute.

3. Considering that the principles laid down in chapter 9 of the Report of the Commission of Inquiry form a useful basis to bring about such a solution.

4. Considering that it is its duty in the high cause of world peace to determine how these principles can be applied to the developments of the situation in the Far East.

5. Desires that for the practical work of settlement, the Special Committee of Nineteen will select among its members a small committee, which will be charged with finding a final and fundamental solution of the question at issue between them.

6. Authorizes the said small committee to take all necessary measures for the fulfillment of its mission and especially to write [invite’] representatives of other states members or non-members of the League of Nations to participate in its work.

7. Requests the said committee to keep the Special Committee of Nineteen in touch with its work so that this latter can make a report to the Assembly before March 1, 1933.

8. The Special Committee of Nineteen will have the power to fix, in agreement with the two parties, the time limit referred to in the Assembly resolution of July 1, 1932;²⁸ in the absence of agreement of the parties regarding this time limit the Committee will make proposals on this question to the Assembly at the moment when it forwards its final report regarding the task which has been confided to it by the Assembly in accordance with article 15, paragraph 3.

9. The Assembly will remain in session and its President may convene it as soon as he may deem it necessary.

Draft resolution number 2.

The Assembly thanks the Commission of Inquiry appointed in virtue of the Council’s resolution of December 10, 1931²⁹ for the valuable assistance it has afforded to the League of Nations and declares that its report constitutes an invaluable contribution to the efforts of the League for the maintenance of peace.”

Wilson

26. Foreign Relations, 1932, vol. iv, p. 432.
27. Foreign Relations, Japan, 1931–1941, vol. i, p. 210.
28. See telegram No. 214, July 2, 1932, 9 p.m., from the Consul at Geneva, Foreign Relations, 1932, vol. iv, p. 127.
29. Foreign Relations, Japan, 1931–1941, vol. i, p. 59.