Foreign Relations of the United States Diplomatic Papers, 1932, The Far East, Volume III

793.94/5139: Telegram

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

Geneva, April 30, 1932—1 p.m.
[Received April 30—12:45 p.m.]

165. The Assembly in plenary session this morning passed unanimously (Japan abstaining) the following resolution submitted to it by the Committee of Nineteen:

“The Assembly

1. Considering that its resolutions of March 4 and 11 recommended that negotiations should be entered into by the Chinese and Japanese representatives with the assistance of the military, naval and civilian authorities of the powers having special interests in the Shanghai Settlements for the conclusion of arrangements which shall render definite the cessation of hostilities and regulate the withdrawal of the Japanese forces;

2. Considering that while it is not for its committee to take the place of the negotiators—since the arrangements contemplated in the Assembly resolutions of March 4 and 11 can only be concluded on the spot—every power represented in these negotiations is entitled, should serious difficulty be encountered in the course of the negotiations or in the carrying out of the above-mentioned arrangements, to notify the Committee ‘which exercises its functions on behalf of and under supervision of the Assembly’ of those difficulties;

3. Considering that the negotiations should be pursued in accordance with the above-mentioned resolutions, no one of the parties being entitled to insist on conditions which would be incompatible with the said resolutions;

4. Having noted the articles of the draft armistice which have been communicated to the Committee of the Assembly and have been accepted by the two parties;

5. Considers that these articles conform to the spirit of the said resolutions;

6. Notes in particular that under article 3 of the said draft, the Japanese Government undertakes to carry out the withdrawal of its forces in the International Settlement and the roads outside the Settlement in the Hongkew district as before the incident of January 28, 1932;

7. Declares that it is in accordance with the spirit of the resolutions of March 4 and 11 that this withdrawal should take place in the near future;

8. Declares that the resolution of March 4 will only have been fully complied with when Japanese forces have been entirely withdrawn;

9. Notes that the draft agreement provides for the establishment of a joint commission including neutral members to certify the mutual withdrawal and to collaborate in arranging for the transfer from the evacuating Japanese forces to the incoming Chinese police who will take over as soon as the Japanese forces withdraw;

10. Notes with satisfaction that the said commission will in accordance with its decisions watch in such manner as it deems best the carrying out of articles 1, 2 and 3 of which the last-named provides for the complete withdrawal of the Japanese forces as before the incident of January 28th;

11. Is of the opinion that the powers, as defined in annex 4 (now annex 3) to the draft agreement, of the Commission which is to watch the carrying out of articles 1, 2 and 3 of that agreement, include authority to call attention, in accordance with its decisions taken in such a manner as it provided in the said annex, to any neglect in carrying out any of the provisions of the articles mentioned above;

12. Earnestly recommends the parties in question to continue the negotiations with a view to reaching their rapid conclusion, and requests the governments having special interests in the Shanghai Settlements to continue to lend their good offices for this purpose;

13. Expressly points out that unless a conclusion is reached as laid down in the resolution[s] March 4 and 11, the question will necessarily come up again before the Assembly;

14. Requests the governments or the powers having special interests in the Shanghai Settlements to transmit to the League of Nations the information which will be in the possession of the mixed commission in virtue of its functions, and will be furnished to those governments by their respective representatives of the commission.”

The resolution quoted above was adopted practically without discussion, the Japanese and Cheese representatives limiting themselves to an explanation of the position of their respective Governments with regard thereto. Yen emphasized the repeated concessions which China has made in an endeavor to bring to a successful conclusion and declared that his Government in accepting the resolution is acting solely in the interest of peace without, however, abandoning government rights under the Covenant with respect-to China’s territorial integrity. The Japanese representative declared that his Government is prepared to sign the draft agreement formulated by the Committee at Shanghai and explained that his abstention from voting was based on the reservation which Japan has felt bound to observe with regard to the application of article 15 to the Sino-Japanese dispute.

On the conclusion of these remarks the President declared the Assembly adjourned until further notice. The Committee of Nineteen also submitted today a report to the Assembly⁶ in execution of paragraph 1, part 3, of the Assembly’s resolution of March 11, 1932 (in passing this resolution explains that a further report in compliance with paragraph 7 of the same resolution will be circulated shortly).

The report submitted today, comprising some 25,000 words, first gives a brief résumé of the present situation at Shanghai with respect to the cessation of hostilities and the withdrawal of troops; then follows a statement setting forth in chronological order a history of the armistice negotiations at Shanghai and explaining the efforts of the Assembly Committee to facilitate an agreement, culminating in the adoption by the Committee of the text as quoted above of article 11 of the resolution. Inasmuch as this report appears to contain no elements which are not already known to the Department, the Consulate will not cable the text unless instructed, but will forward it by mail. The Assembly this morning took no formal action on this report.

Gilbert

6. League of Nations, Official Journal, Special Supplement No. 101, p. 96.