793.94 Commission/42: Telegram

The Consul at Geneva (Gilbert) to the Secretary of State

53. Consulate’s 54, January 29, 2 p.m. In the conversations which I have just had with Cecil it developed that “in his understanding at least” the “temporary commission” to investigate conditions in Shanghai envisaged in the communication from Drummond conveyed to you in the Consulate’s 52, January 29, 1 a.m. [p.m.], is not a temporary commission in the sense that it is designed solely to act pending the arrival of the Manchurian Commission of Inquiry as suggested in the Consulate’s 51, January 29, noon.70 While it may in effect serve that purpose and will likewise serve to satisfy the Chinese demand that an inquiry be undertaken as soon as possible, its constitution will flow rather from the provisions of article 15 of the Covenant; in other words it contemplates the means which the Council will employ to inform itself, responsive to the terms of article 15. The project for this commission is therefore in anticipation of probable action by the Council upon its receipt [of] China’s appeal under article 15. I hasten to inform you of this as it may have a distinct bearing on your reply to Drummond’s communication and I shall therefore wait your reply to this present telegram before delivering any reply which I may receive from you in answer to Drummond’s communication. I feel that I must add that the situation here is very confused and it is extremely difficult to ascertain the precise status of many points in the rapid developments that are taking place. In particular the relative juridical status of appeals under two or more articles of the Covenant is not yet clear in the minds of members of the Council.

Gilbert
  1. Not printed.