793.94/3635a: Telegram
The Secretary of State to the Minister in China (Johnson)
26. Department’s January 25, 6 p.m. to Shanghai.
1. It is my understanding that the Japanese Admiral at Shanghai recently issued a statement implying an intention on his part to take special steps to protect rights and interests of Japan; that on January 22 the Chairman of the Shanghai Municipal Council, a British subject, called on the Senior Consul, American, at Shanghai, and informed the Consul that he, the Chairman, intended to call on the Japanese Admiral and request that the Admiral arrange to preserve order at a Japanese mass meeting scheduled to be held the next day presumably within the International Settlement; that the Senior Consul stated emphatically that the Municipal Council should take [Page 67] the matter up with the Japanese Consul General rather than with the Japanese Admiral and that, in case conditions became such as to render it impossible for the Municipal Council with its police and the volunteer armed forces at its disposal to control the situation, the Council should apply to the Senior Consul toward obtaining assistance of all the powers; that the Chairman thereupon approached the Japanese Consul General; that later the Chairman and the Secretary General of the Council, American, together with the Japanese Consul General, called on the Japanese Admiral; and that the Admiral promised that he would take no action in the Settlement without first consulting the Settlement authorities.
The American Government approves the position taken and the views expressed by the Senior Consul. It believes that authority and responsibility for administering the International Settlement lies in first instance with the Municipal Council. It believes that this responsibility of the Municipal Council is particularly important at this time when it seems to be suggested by one of the powers that it may become necessary for that power to land its forces to protect its nationals within the International Settlement. No power has a right, under international practice, to land its forces for the protection of its nationals unless the local authorities concerned have entirely failed in or are obviously not prepared to discharge their duty of police protection. The International Settlement has a thoroughly organized and disciplined police force under a responsible control and composed of a well-drilled personnel. Under these circumstances I feel that it is of the highest importance that the Municipal Council should not allow the performance of this highly responsible duty of police protection to pass out of its hands unless it is absolutely clear that no other method will suffice to protect the Settlement. If and when such an extreme eventuality should occur and the Municipal Council reach the conclusion that no other method of protecting the International Settlement is possible it should so notify the Consular Body through the Senior Consul, and the Consular Body should then make such call as may be deemed necessary upon all of the foreign armed forces available and not upon any single one.
2. I desire that you discuss this subject informally and confidentially with your British colleague and ascertain (a) whether he concurs in these views and (b) whether, in the event of these principles being disregarded, his Government would be willing to participate in sending to the power or powers disregarding these principles simultaneous protests.
3. Prior to my receipt of the full details upon which this cable is based, I had already discussed personally with the British Ambassador [Page 68] here the threatened landing of Japanese troops in the International Settlement and had informed him, for transmission to London, of my views as to the importance of preventing such a landing, if possible, and of insuring that the control of law and order in the International Settlement should be retained in the hands of the Municipal Council and its police force.
4. An early reply is requested.