793.94/3115: Telegram
The Chargé in France (Shaw) to the Secretary of State
857. From Ambassador Dawes. Following is text of resolution as it stands this morning. Only change in contemplation would be transfer of paragraph numbered 5 to declaration:
“The Council first reaffirms the resolution passed unanimously by it on September 30, 1931, by which the two parties declare that they are solemnly bound. It therefore calls the Chinese and Japanese Governments to take all steps necessary to assure its execution so that [Page 643] withdrawal of the Japanese troops within the railway zone may be effected as speedily as possible under the conditions set forth in the said resolution.
2. Considering the events have assumed an even more serious aspect since the Council meeting of October 24, notes that the two parties undertake to adopt all measures to avoid any further aggravation of the situation and to refrain from any initiative which may lead to further fighting and loss of life.
3. Invites the two parties to continue to keep the Council, which remains seized of the question, informed as to the development of the situation.
4. Invites the other members of the Council to furnish the Council with any information received from their representatives on the spot.
5. Without prejudice to the carrying out of the above-mentioned measures,
Desiring in view of the special circumstances of the case to contribute towards a final and fundamental solution by the two Governments of the questions at issue between them,
Decides to appoint a commission of five members to study on the spot and to report to the Council on any circumstances which affecting international relations threaten to disturb peace between China and Japan or the good understanding between them upon which peace depends.
The Governments of China and of Japan will each have the right to nominate one assessor to assist the commission.
The two Governments will afford the commission all facilities to obtain on the spot whatever information it may require.
It is understood that should the two parties initiate any negotiations these would not fall within the scope of the terms of reference of the commission nor would it be within the competence of the commission to interfere with the military arrangements of either party.
The appointment and deliberations of the commission shall not prejudice in any way the undertaking given by the Japanese Government in the resolution of September 30 as regards the withdrawal of Japanese troops within the railway zone.
Should the undertakings given by the two parties according to the resolution of September 30th not have been carried out by the time of the arrival of the commission the commission shall as speedily as possible report to the Council on the situation with such recommendations as it may think fit.
6. Between now and its next ordinary session which will be held on January 25, 1932, the Council invites its President to follow the question and to summon it afresh if necessary.”
I quote below text of declaration to be made by Briand as it stands this morning. Only changes in contemplation are (first) possible transfer of last paragraph of paragraph numbered 5 of resolution to Council [declaration?] and (second) possible addition of following new text on police measures:
“The Japanese Government has drawn the attention of the Council to the situation at present existing in Manchuria. As a result of recent events banditry has increased in certain districts and constitutes a [Page 644] danger for the safety of the life and property of the inhabitants some of whom are Japanese subjects. In these circumstances the Japanese Government considers that its forces should be entitled to repulse attacks by bandits not only as has been the custom in the past when these attacks occurred in the neighborhood of the South Manchuria Railway zone but also if they occur in the neighborhood of places at a certain distance from the zone where Japanese troops are temporarily stationed for the purpose of defending the zone. It goes without saying that when these troops are withdrawn within the zone the responsibility for defending these latter places against bandits will cease to fall on the Japanese forces and will again be assumed by the Chinese authorities.”
Text of the Declaration
“It will be observed that the resolution which is before you provides for action on two separate lines: (1) to put an end to the immediate threat to peace; (2) to facilitate the final solution of existing causes of dispute between the two countries.
The Council was glad to find during its present sittings that an inquiry into the circumstances which tend to disturb the relations between China and Japan, in itself desirable, would be acceptable to the parties. The Council therefore welcomed the proposal to establish a commission which was brought before it on November 21st. The final paragraph of the resolution provides the appointment and functioning of such a commission.
I shall now make certain comments on the resolution paragraph by paragraph.
Paragraph 1. This paragraph reaffirms the resolution unanimously adopted by the Council on September 30th laying particular stress on the withdrawal of the Japanese troops within the railway zone on the conditions described therein as speedily as possible.
The Council attaches the utmost importance to this provision and is persuaded that the two Governments will set themselves to the complete fulfillment of the engagements which they assumed on September 30th.
Paragraph 2. It is an unfortunate fact that since the last meeting of the Council events have occurred which have seriously aggravated the situation and have given rise to legitimate apprehension. It is indispensable and urgent to abstain from any initiative which may lead to further fighting and from all other action likely to aggravate the situation.
Paragraph 4. Under paragraph 4 the members of the Council other than the parties are requested to continue to furnish the Council with information received from their representatives on the spot.
Such information having proved of high value in the past, the powers who have the responsibility of sending such representatives to various localities have agreed to do all that is possible to continue and improve the present system.
For this purpose these powers will keep in touch with the two parties, so that the latter may, should they so desire, indicate to them the localities to which they would desire the despatch of such representative.
[Page 645]Paragraph 5. Provides for the institution of a commission of inquiry. Subject to its purely advisory character the terms of reference of the commission are wide. In principle no question which it feels called upon to study will be excluded provided that the question relates to any circumstances which, affecting international relations, threaten to disturb peace between China and Japan or the good understanding between them upon which peace depends. Each of the two Governments will have the right to request the commission to consider any question the examination of which it particularly desires. The commission will have full discretion to determine the questions upon which it will report to the Council and will have power to make interim reports when desirable.
It is specially provided that ‘should the two parties initiate any negotiations, these would not fall within the scope of the terms of reference of the commission nor would it be within the competence of the commission to interfere with the military arrangements of either party.’ This latter provision does not limit in any way its faculty of investigation. It is also clear that the commission will enjoy full liberty of movement in order to obtain the information it may require for its reports.”
- [Dawes]
- Shaw
- Telegram in six sections.↩