793.94/11455: Telegram

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

1086. I learned this afternoon that as the Japanese were preparing to withdraw their military cordon last evening they handed to the Commissioner of Police of the International Settlement the following memorandum which he was asked to sign:

“Memorandum exchanged between Colonel Kusumoto, representative of the Commander-in-Chief of the Japanese forces, and Major Gerrard, Commissioner of Police, in front of the Sun Sun Company, in the International Settlement, on December 3, 1937.

1.
The Japanese forces will in future freely pass through the International Settlement without notice whenever it is considered necessary.
2.
The Shanghai municipal police authorities promise that in future adequate measures will be taken positively to prevent the recurrence of a similar relegated [regrettable?] incident as that of today.
3.
In case of the occurrence of such a regrettable incident as that of today in future, the Japanese forces will adopt appropriate actions independently assuming that the Shanghai municipal police authorities have no power to maintain peace and order.
4.
The Japanese forces will adopt appropriate measures independently in making searches and arrests should the policing on the part of the Shanghai municipal police be considered unsatisfactory”.

The Commissioner of Police stated he could make no agreements but that he could bring the contents of the memorandum to the attention of the Council. He endorsed the memorandum as follows:

“I have read and understood the above and will bring the contents to the notice of the Council. So far as foreign troops are concerned, every effort will be made to prevent a similar incident.”

2. The Municipal Council is preparing a communication to the Senior Consul reporting the events of yesterday and requesting the consideration and action of the interested foreign consuls. The Senior Consul is expected to summon a meeting as soon as the communication is received. Developments will be reported promptly.

Sent to the Department. Repeated to Tokyo.

Gauss