Foreign Relations of the United States Diplomatic Papers, 1940, The Far East, Volume IV

893.102S/2354: Telegram

The Secretary of State to the Chargé in France (Matthews), at Vichy

Washington, November 7, 1940—6 p.m.

694. Chungking’s 557, November 2, 8 a.m. and Shanghai’s 1189, November 3, 4 p.m.

1. The Department desires that, unless you perceive objection, you make to the French Minister for Foreign Affiairs⁶³ an oral statement, as under instruction from the Department, along lines as follows:

The Government of the United States is informed that Japanese officials and the authorities of the French Concession at Shanghai are discussing the question of transferring to the Japanese-sponsored regime at Nanking control over the Chinese courts in the French Concession. The residence in the French Concession of a considerable part of the American community at Shanghai, the necessity which American citizens at Shanghai are under of resorting to the Chinese courts in the French Concession in legal actions in which Chinese defendants reside in the French Concession, and the general interest which this Government has in institutions serving the Shanghai area, give this Government a material concern with any proposal for the alteration of the status of the Chinese courts functioning in the French Concession. This Government considers that the consent of the National Government of China at Chungking is essential to any lawful change in the status of those courts. With the foregoing considerations in mind, this Government earnestly hopes that the French Government will instruct its local officials at Shanghai to refrain from any action which, without the consent of the Chinese Government at Chungking, may have for its purpose alteration of the status of the Chinese courts in the French Concession at Shanghai.⁶⁴

2. A telegram is being sent to the American Embassy at Tokyo requesting that the Embassy make an approach to the Japanese Government along the above lines, mutatis mutandis.

Hull

63. Pierre Laval.
64. In telegram No. 932, November 11, 6 p.m. (893.102S/2364), the Chargé in France at Vichy reported that the Department’s instructions arrived too late, as that day he had taken the matter up with the French Foreign Office and had learned that the French Consul General at Shanghai on November 7 had already agreed with Japanese authorities to turn over Chinese courts in the French Concession to the “Nanking authorities”. The Chargé in France, in telegram No. 958, November 15, 6 p.m. (893.102S/2369), reported carrying out further Department instructions to express regret and disappointment over the November 7 agreement as causing increased difficulties to Americans at Shanghai.