793.94/5080: Telegram

The Minister in China (Johnson) to the Acting Secretary of State

I have been shown confidential memoranda dated April 17 and 20 prepared by Millard, adviser to the Chinese Government, which are summarized below as I am told that they are influencing the Chinese to some extent in the present negotiations.

1.
There is no advantage for China in hastily ending the present situation in the Shanghai area for so long as Japan occupies territory here without China’s consent, she is clearly the aggressor.
2.
As soon as any kind of agreement has been signed Japan’s position becomes to a certain extent legalized and changes from armed invasion to occupation with a measure of Chinese consent.
3.
It is a matter of indifference to China how large a force Japan keeps in the Shanghai area or for how long unless China can obtain immediate complete withdrawal. Presence of Japanese troops serves to focus attention of the powers on the situation and it is to China’s interest that attention of world opinion should be held.
4.
The more Japanese troops are immobilized in Shanghai the fewer will be available in Manchuria and the greater the cost to Japan. Their continued presence will also seriously affect Disarmament Conference and the military policy of the United States and Russia.
5.
If China accepts proposed neutral Joint Commission it should issue declaration that it does so solely in the interest of peace; that it does not admit that Japan’s occupation is anything but armed invasion without justification in fact or in international law; that it does not delegate to any international body its sovereign functions in this area; and that if in its opinion Japanese military occupation is unduly prolonged it will declare arrangement terminated and resume liberty to take unilateral action.
For the Minister:
Engert