893.102S/2310: Telegram
The Consul at Shanghai (Butrick) to the Secretary of State
[Received October 4—9:15 a.m.]
1025. 1. The British Consul General and I have been discussing the possibilities in regard to the special courts. If the courts cease to function as a result of intimidation a serious situation will arise. Owing to the consular body rule of unanimity it would be useless to refer the matter to that body. We are agreed that the best course would be for the powers participating in the court agreement to ask the Council to take over the administration of the courts and inform the consular body.
2. The British Consul General referred the question of cooperation with the American authorities concerning the status of the courts to his Ambassador and the British Consul General has now informed me orally that this is not a matter with which His Majesty’s Government could be bothered at this moment and that he would like to cooperate with me in any action I might see fit to take to remedy the situation and that in his opinion the courts cannot make representation indefinitely on the present basis and might break down at any time.
3. In such circumstances I recommend action suggested in first paragraph, and would like permission to discuss matter orally with my colleagues of signatories agreement to ascertain if the plan is considered feasible.
Sent to the Department, repeated to Chungking and Peiping.