793.94/4838: Telegram
The Minister in China (Johnson) to the Secretary of State
My March 19, 3 p.m.
1. Please consider following text and comments as confidential as both Japanese and Chinese have accepted them at [ad?] referendum.
2. Shigemitsu and Kuo met at 4 p.m. in the presence of British Minister, French Minister and myself and Italian Chargé d’Affaires. It is proposed to have further meeting when both delegates have received their instructions.
3.
“Draft of March 19, 1932. It is agreed that the cessation of Sino-Japanese hostilities shall be rendered definite and the withdrawal of the Japanese forces shall be regulated in accordance with the following provisions: [Page 610]
- (1)
- The Chinese troops will remain in their present positions pending later arrangements. The Chinese authorities will define said positions. In the event of doubts arising in regard thereto the positions in question will be ascertained by representatives of the participating friendly powers.
- (2)
- The Japanese troops will withdraw to the International Settlement and the extra-Settlement roads in the Hongkew district as before the incident of January 28, 1932. It is however understood that in view of the numbers of Japanese troops to be accommodated some will have to be temporarily stationed in localities adjacent to the above-mentioned areas. The Japanese authorities will define the said localities. In the event of doubts arising in regard thereto the localities in question will be ascertained by representatives of the participating friendly powers.
- (3)
- The Joint Commission including members representing the participating friendly powers will be established to certify mutual withdrawal. This Commission will also collaborate in arranging for the transfer from the evacuating Japanese forces to the incoming Chinese police. The constitution and procedure of this Commission will be composed of 12 members, namely, 1 civilian and 1 military representative of each of the following: the Chinese and Japanese Governments and the American, British, French and Italian heads of mission in China being the representatives of the friendly powers assisting in the negotiations in accordance with the resolution of the Assembly of the League of Nations of March 4. The members of the Joint Commission will employ such numbers of assistants as they may from time to time find necessary in accordance with the decisions of the Commission. All matters of procedure will be left to the discretion of the Commission whose decisions will be taken by majority vote, the Chairman having a casting vote. The Chairman will be elected by the Commission from amongst the members representing the participating friendly powers.
Agreed minute or separate voluntary declaration by the Chinese Government.
In order to ease the general situation and to secure the prompt reestablishment of stable and normal conditions in the affected areas the Chinese Government hereby intimate their intention immediately to establish on their own initiative for the maintenance of peace and order in the evacuated area in the vicinity of the Shanghai Settlements a force of special constabulary for which they contemplate the employment of foreign officers and instructors. It is understood that the incoming Chinese police, referred to in the penultimate sentence of paragraph 3 of the agreement for cessation of hostilities, of blank date, will be drawn from the above special constabulary.”
4. By way of comment: An attempt was made in item 2 of agenda to arrange for some time for Japanese withdrawal. Shigemitsu refused categorically to accept any stipulation that might limit stay of Japanese troops stating that while he was willing to express the desire of his Government to withdraw its troops at an early date we must accept his word to that effect as Japanese military must be allowed [Page 611] to decide for themselves when it was wise to withdraw. In connection with item 3 Kuo made objection to inserting any agreement in reference to establishment by Chinese of a specially organized police. It was finally agreed that he should refer to his Government the question as to whether the item marked “agreed minute” should stand as an agreed minute of the conference or become a voluntary declaration by the Chinese delegate.
5. Shigemitsu in this connection while expressing approval of establishment of special constabulary similar to constabulary used in Peking raised question of maintenance of order in interval between evacuation and taking over by Chinese forces. He suggested to [the?] use of neutral patrols saying Japanese population in area (and he refers specifically to Chapei immediately adjacent Hongkew salient) were fearful and that he desired that some practical measures be taken to allay their fears. I objected to the use of neutral patrols for police work suggesting that responsibility should be placed squarely upon shoulders of Chinese with as little delay as possible. Shigemitsu suggested the use of Settlement volunteers but Lampson and I objected to this. Neither French Minister, British Minister nor I, and we believe our military agree with us, wish to use our national forces for police purposes in any part of the evacuated area. It may become necessary to offer some kind of patrol to supervise turning over process but if so we have nothing to offer at present. However I am certain that Japanese will continue to insist upon use of some kind of neutral patrol before they will agree to evacuation.
6. It is not expected that there will be a further meeting before Monday.15