17 as set forth in his letter of September 12th. Koo explained that while he wished to maintain his appeal intact he was satisfied to have the matter referred to the Advisory Committee since Holland, Belgium, Sweden and especially the United States were represented on the Committee. He then asked what our attitude would be. I pointed out that it was a long time since we had participated in the Committee, that if the Committee were set up and we received an invitation this would of course be referred to Washington but that I could give him no assurance of what our attitude might be. Koo also expressed interest in the announcement of yesterday 1 respecting the carrying of munitions of war by American Government and merchant ships and asked for the official text. Likewise he asked what exactly was meant by Government ships. He presumed that this category would not include ships such as those of the Dollar Line. Koo offered to keep me closely informed of developments. [Harrison.] BUCKNELL 793.94/10107: Telegram The Consul at Geneva (Bucknell) to the Secretary of State GENEVA, September 16, 1937-10 p.m. [Received September 16-6:06 p. m.] 304. Consulate's 302, September 16, 5 p. m., paragraph 4. Council in private session this afternoon acted as forecast. Koo made reservation that if proposal to convoke Advisory Committee and refer appeal to it was agreed to, that Council remained seized of the Chinese appeal itself and that he further reserved the right to ask Council to act in accordance with procedure of three articles cited in Chinese appeal if and when circumstances required it. Koo informed me that the Advisory Committee will probably hold its first meeting either Monday 32 or Tuesday next. BUCKNELL 793.94/10118: Telegram The Consul at Geneva (Bucknell) to the Secretary of State GENEVA, September 17, 1937-3 p. m. [Received September 17-11:37 a. m.] 307. The Consulate has received copies of an extract from the minutes of the private session of the Council yesterday afternoon "See Department's press release of September 14, Foreign Relations, Japan, 1931-1941, vol. II, p. 201. covering the discussions on the subject of referring the Sino-Japanese dispute to the Advisory Committee (Consulate's 304, September 16, 10 p. m.). The document is transmitted under cover of an unsigned mimeographed sheet reading as follows: "In conformity with the decision taken by the Council at its private meeting on September 16, 1937, the Secretary General has the honor to communicate herewith to the Advisory Committee set up by the special Assembly convened in virtue of article 15 of the Covenant at the request of the Chinese Government an extract from the minutes of the said meeting." This is the only communication thus far received relating to the reference of the matter to the Advisory Committee and appears to be merely of an informatory nature especially since it was forwarded in exactly the same manner as was Chinese note described in the Legation's 79, August 31, 11 a. m. The minutes indicate that the President in his statement to the Council suggesting [suggested?] that the latter "request the Secretary General to take necessary steps so that the Advisory Committee may meet as soon as possible and proceed to examine the situation to which attention has been directed". In making this proposal the President expressly stated that the Committee's terms of reference were derived from article 3, paragraph 3 of the Covenant which he quoted, citing at the same time the pertinent portion of the Assembly's resolution of February 24, 1933. This may be of some significance, at least from a technical point of view, in that it seems to imply a recognition that the Assembly has completed its action under article 15 and will now continue under a more elastic procedure. BUCKNELL 793.94/10171: Telegram The Consul at Geneva (Bucknell) to the Secretary of State GENEVA, September 17, 1937-7 p. m. [Received September 21-6: 15 a. m.33] 308. From Harrison. The following is the text of a formal third person note on usual official League stationery which I have just received from the Secretary General under date of September 17: "His Excellency, the Minister of the United States to Switzerland. The Secretary General of the League of Nations has the honor to inform the Governments represented on the Advisory Committee set up under a resolution adopted by the Assembly on February 24, 1933, 33 Original telegram not received; duplicate sent on request. that the Council, at its private meeting on September 16th, instructed him to take the necessary steps so that the Committee 'may meet as soon as possible and proceed to examine the situation to which attention has been directed by China'. The Advisory Committee is expected to meet on Monday 31 or Tuesday next." I have received at the same time under separate cover the same document described in the Consulate's 307, September 17, 3 p. m., under identical unsigned mimeographed sheet. Please instruct. [Harrison.] BUCKNELL 793.94/10145a: Telegram The Secretary of State to the Consul at Geneva (Bucknell) 35 WASHINGTON, September 18, 1937-3 p. m. 141. For Harrison. On receipt of convocation to Advisory Commission, following instruction becomes applicable. Note last paragraph and advise urgently what date you insert for publication of note to Avenol.36 1. As we have heretofore been represented at the meetings of the Advisory Committee, and as refusal now to be represented would be likely to occasion various misunderstandings, you are authorized, upon the reconvening of the Committee, to attend on behalf of your Government in the character and under the conditions which attached to Mr. Hugh Wilson's attendance in the past. There was set forth in Mr. Wilson's note to the Secretary General of March 13, 1933, the following: "The American Government is prepared to cooperate with the Advisory Committee in such manner as may be found appropriate and feasible. As it is necessary that the American Government exercise independence of judgment with regard to proposals which may be made and/or action which the Advisory Committee may recommend, it would seem that appointment by it of a representative to function as a member of the Committee would not be feasible. However, believing that participation by a representative of this Government in the deliberations of the Committee would be helpful, I am instructing the American Minister to Switzerland, Mr. Hugh R. Wilson, to be prepared so to participate, but without right to vote, if such participation is desired." 35 Notice of convocation for September 21, 6 p. m., was received on September 20. 36 Date is indicated in brackets. 37 For full text of note, see telegram No. 86, March 11, 1933, 8 p. m., to the Minister in Switzerland, Foreign Relations, Japan, 1931-1941, vol. 1, p. 117. 2. You will accordingly address to the Secretary General the following communication: "I am instructed by my Government to inform you that I have been authorized to attend the meeting of the Advisory Committee summoned for [Tuesday] September [21] in the same capacity and for the same purposes as those in and for which Mr. Hugh Wilson previously attended, which were indicated in a communication from Mr. Wilson to Sir Eric Drummond 38 dated March 13, 1933. The American Government recalls that the Advisory Committee was created subsequent to and on the basis of a major decision in the field of policy arrived at by the Assembly in regard to a matter referred by the Council to the Assembly. In the understanding of the American Government, the Advisory Committee was created to aid the members of the League in concerting their action and their attitude among themselves and with non-member states for the carrying out of a policy recommended by the League. At present, until this Government is informed regarding the functions which the League will expect the Committee to perform, it is impossible for this Government to say to what extent it will be able effectively to cooperate. In order that there may be no misunderstanding with regard to this Government's position and no confusion or delay flowing from uncertainty, this Government feels constrained to observe that it cannot take upon itself those responsibilities which develop from the fact of their membership upon members of the League. It assumes that members of the League will arrive at their common decisions with regard to policy and possible courses of action by and through normal League procedure. This Government, believing thoroughly in the principle of collaboration among states of the world seeking to bring about peaceful solutions of international conflicts, will be prepared to give careful consideration to definite proposals which the League may address to it but will not, however, be prepared to state its position in regard to policies or plans submitted to it in terms of hypothetical inquiry." 3. In presenting this, you should say to Avenol, in explanation of the concluding paragraph, that this Government feels that its position on the subject of peace, its commitments in various treaties, its views with regard to principles which should govern in international relations, its general policy in regard to problems of the Far East, the course which it has followed in regard to the present conflict there, and provisions of law which govern its procedure are well known and should enable the members of the League readily to perceive the general trend of this country's policy. Also please say that we intend to release the text for appearance in the morning papers of September [21] and that we assume that the Secretariat will desire to make simultaneous release.39 38 Then Secretary General of the League of Nations. 89 The League Secretariat agreed to similar release September 21. HULL 793.94/10137: Telegram The Ambassador in China (Johnson) to the Secretary of State NANKING, September 19, 1937-11 a. m. [Received 1:15 p. m.] 685. During my conversation with the Minister for Foreign Affairs yesterday he asked me to say to you that he hoped that the United States would be represented at least as an observer when the League takes up China's appeal in regard to Sino-Japanese hostilities. JOHNSON 793.94/10162: Telegram The Consul at Geneva (Bucknell) to the Secretary of State GENEVA, September 20, 1937-9 p. m. [Received September 20-4: 35 p. m.] 321. Consulate's 320, September 20, 8 p. m.40 From Harrison. Avenol told me that tomorrow's meeting would be primarily to consider procedure; predicted Chinese request for participation and choice of President, who would be probably representative of a country not directly interested, possibly the representative of Latvia. He also told me that Amau, Japanese Minister to Switzerland, had called this afternoon evidently for the purpose of bringing pressure on the League. Amau had expressed the hope that the League would do nothing to complicate the situation and had stated categorically that if invited to take part in the Advisory Committee, Japan would either decline or ignore the invitation. [Harrison.] BUCKNELL 793.94/10176: Telegram The Consul at Geneva (Bucknell) to the Secretary of State GENEVA, September 21, 1937-5 p. m. [Received September 21-2: 35 p. m.] 323. In the Assembly this morning Bruce," Australia, referred to the Chinese appeal which invoked articles 10, 11 and 17 of the Covenant and said: "Nothing could be more fatal to the prestige and future welfare of the League than that we should attempt by some meaningless |