Office of the Historian

893.102S/2000: Telegram

The Secretary of State to the Consul General at Shanghai (Gauss)

Washington, March 11, 1940—7 p.m.

104. Your 162, February 28, 2 p.m., and 180, March 2, 3 p.m.,78 in regard to International Settlement area north of Soochow Creek. The Department understands from your telegrams under reference that the aide-mémoire handed by the Japanese Consul General to the Chairman of the Municipal Council on March 1 is not a part of the agreement in regard to the return of the area north of Soochow Creek to the police control of the Shanghai Municipal Council. With specific reference to the question of the jurisdiction of the Shanghai District Court, the Department offers for your information and guidance the following additional comment:

The question of the return to the control of the Council of the area north of Soochow Creek is purely a question of action by the Japanese authorities to remedy a situation of their own creation and it is felt that there is no sound basis for any attempt by the Japanese authorities to attach conditions to the restoration of authority rightfully belonging to the Council or to interject into that question any extraneous matter. Restoration to the Council of its rightful authority logically carries with it the resumption of the functioning in the restored area of the courts upon which the authorities of the Municipal Council, pursuant to international arrangement, rely as an essential agency in the discharge of their responsibility for maintenance within the Settlement of peace and order. Furthermore, aside from other considerations, there is definite objection, from the viewpoint of administrative efficiency, to the Japanese proposal in regard to the courts in that its adoption would result in the demarcation of the Settlement into two separate judicial areas. Should the Japanese press for adoption of their proposal, this Government would feel impelled to raise objection.

You are authorized in your discretion to use the substance of the above comment as occasion therefor may arise.

Sent to Shanghai. Repeated to Chungking and Peiping. Shanghai please mail code text to Tokyo.

Hull
  1. Latter not printed; it informed the Department of the conclusion of an agreement on March 1, between the Chairman of the Shanghai Municipal Council and the Japanese Consul General, providing for return of the Settlement area north of Soochow Creek to police control of the Council.↩