793.94/3655: Telegram

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

35. 1. I learn the following from a thoroughly reliable source.

(a)
The Chinese are considering, in view of the situation as it is developing, a change in their tactics in Geneva. They feel that their acquiescence up to this point in confining their action to an invocation of article 11 of the Covenant has not brought about the results which they desire and that they should proceed to more definite invocation of other rights which they enjoy both under the Covenant and under treaty provisions.
(b)
Yen is now contemplating the possibility of,
(1)
raising the question in the Council as to whether articles 13 and 16 of the Covenant should not be considered;
(2)
declaring that a violation of article 12 of the Covenant has occurred; and
(3)
definitely invoking articles 10 and 13 [15?].
(c)
As an alternative to the foregoing or possibly in addition thereto China is also considering what steps she might best pursue to implement the Nine-Power Treaty. A choice of procedures in this respect is being studied. Although she could invoke the treaty herself she feels that to be the least hopeful of possible courses and only to be resorted to if other means fail. She hesitates to disturb her position vis-à-vis the League and thus to alienate League support and to lose any advantages which accrue to her under the provisions of the League Covenant and possible League action. The Chinese Delegation is considering the possibility of bringing about an invocation of the Nine-Power Treaty through action of the signatories of the treaty who are at present represented in Geneva. As a corollary of this they are also considering bringing forward a discussion of the Nine-Power Treaty in the Council as a prelude to its invocation here on the part of individual signatories. This latter plan involves some such course as [Page 69] was followed here in Geneva in the invocation of the Pact of Paris. The idea underlying these considerations is to knit action under the Nine-Power Treaty, morally at least, with League action. In connection with the possibility of China succeeding in having this course followed the question of double competence at once arises. China is hoping however that some formula may be worked out by which the League would remain seized of the Manchurian question while action at the same time could go forward under the Nine-Power Treaty and that action under the two “competences” could be coordinated without prejudice to either.

2. Yen is apparently awaiting instructions from Nanking which will guide his action regarding the foregoing.

3. The implications of this are obvious and great apprehension is felt here respecting possible results should China follow these courses.

4. The question of the position of the United States in respect to a possible invocation of the Nine-Power Treaty naturally at once arises in any such consideration. This question arises in two forms:

(1)
Whether the United States desires the invocation of the treaty under any circumstances and if so what procedure the United States would favor.
(2)
Should the United States be faced by a definite decision on the part of China to bring about an invocation of the treaty would the American Government care to make suggestions respecting procedure.

The general attitude of China in these respects appears to be that within the limits of reserving freedom of action for what she regards as her essential interests she is anxious to conform as far as possible to American policy.

5. Should developments take place in Geneva along the lines of any of the points raised above I would appreciate instructions as to any position which it may be desired that I take particularly in confidential conversations with a view if it be so desired to shape events if possible in conformity with American policy.

6. I feel that I must add that the situation here is subject to very rapid changes. It is also difficult in reporting on developments to determine whether the position taken or the statements made by the various governments, particularly those respecting their intentions, really reflect such intentions or are merely to be regarded as temporary elements in their strategy in the confidential negotiations which are constantly taking place.

Gilbert