793.94/128551/5

The British Permanent Under Secretary of State for Foreign Affairs (Cadogan) to the Adviser on Political Relations (Hornbeck)38

My Dear Hornbeck: In Brussels, you and Norman Davis suggested that we should try to work out an outline of a decent settlement of the Far Eastern situation. At the time, I was inclined to think that this was a work of supererogation. But we have been thinking it over, and have now produced an essay on the subject, which I should like you to see. I therefore enclose it, for your personal information, and in the hope that, on the same purely personal basis, you may give us your perfectly frank opinion and any suggestions that you can think of.

I should explain that this memorandum sets out the kind of settlement which we in the Foreign Office would consider reasonable, and which we should like to bring about if we had a perfectly free hand to lay down the lines of a settlement. Which we have not—as yet! It has not been considered by the Government and must not be taken as committing them. The Japanese will of course want far more, and unless a great and unforeseen change of mood occurs in Japan, we cannot expect to see a settlement on the lines sketched, unless our two Governments were able to exercise effective pressure to secure it. On the other hand, if the Japanese were once brought to accept it, the advantages it would offer them might be sufficient to produce a stable situation not requiring to be maintained by sustained pressure of a kind beyond our ordinary capacity.

Yours sincerely,

Alexander Cadogan
[Enclosure]

Memorandum on Possible Peace Terms for Communication to the United States Government

His Majesty’s Government in the United Kingdom have given consideration to the question of the possible terms of settlement that might be brought about through the influence of the United States Government and of His Majesty’s Government acting on parallel lines. Action for the restoration of peace through the established peace machinery of the League of Nations or through any ad hoc machinery that may be set up for the purpose under the Pact of Paris39 or the Nine Power Treaty must, under present world conditions, prove ineffective. The only way, therefore, in which the influence of His [Page 90] Majesty’s Government could effectively be brought to bear in the direction of restoring peace would be by action taken in defence of purely British interests. So far such action has been limited to representations to the Japanese Government and to various Japanese military and civil officials in China. These representations have not been entirely ineffective but action on these lines seems unlikely to cause Japan to abandon her present intention of destroying the Chinese Government and setting up in place thereof one or more puppet Governments or Administrations that would be completely subservient to the will of Japan. Under such a settlement it seems clear that all foreign interests would suffer serious injury and might indeed in the course of time find themselves excluded from China, as they have already to a large extent been excluded from Korea and Manchuria. If, however, representations were backed by naval forces adequate to defend any vital British interest that might be threatened it seems probable that the attitude of the Japanese Government towards China would be considerably modified. The question of possible peace terms has therefore been considered from this angle: on the assumption that His Majesty’s Government are in a position to enforce respect for vital British interests and thus dictate terms of peace, what should these terms be?

2.
Vital British interests in the Far East are: (1) peace and stable political conditions, (2) the open door and equality of opportunity, (3) the security of Hong Kong. No. (3) might conceivably be obtained independently of Nos. (1) and (2), but it is clear that if Nos. (1) and (2) were obtained it would not be necessary for His Majesty’s Government to take any special measures to ensure the security of Hong Kong. Consequently, if His Majesty’s Government were able to secure a peace of a stable nature and based upon the principles of the open door and equality of opportunity every vital British interest would thereby be fully safeguarded and they might hope to secure the co-operation of other Powers having substantial interests in the Far East in the attempt to secure such a settlement. In particular they hope that the United States Government will also find that all that is necessary for the protection of American interests in the Orient is the due observance by all parties of the Nine Power Treaty, and would therefore be disposed to take action parallel to that of His Majesty’s Government. Such action might consist in representing to Japan that American (British) interests are suffering damage through the failure of Japan to observe the terms of Article 1 of the Nine Power Treaty and in taking such measures as will make it evident that the United States (United Kingdom) Government does not intend to acquiesce in any further or continuing breach of the terms of the Treaty. At the same time, each Government might make [Page 91] it clear that in their view the terms of peace, besides being fair to China, should be fair and even generous to Japan.
3.
The arrangements for the future administration of Shanghai would seem to be the crux of the whole problem. The obvious solution would be to restore as far as possible the administration as it existed prior to July 1937 with possibly some improvements on the lines suggested in the Feetham Report.40 Japan, however, has 20,000 nationals residing in Shanghai and a considerable share in the vested interests and foreign trade. As it is essential to avoid arrangements that would be either unfair or humiliating to Japan it would be necessary to allow Japan to take measures for the protection of her nationals and her interests, and to accord her a share in the control of the foreign administered area corresponding to the numbers of the Japanese population and the importance of Japanese trade and vested interests. The administration, and more particularly the police force, would thus become to a large and increasing extent, Japanese in character. This would lead to friction with the Chinese, and eventually almost certainly armed clashes and a recurrence of the disastrous events of 1932 and 1937.
4.
It is moreover difficult to reconcile the foreign administration of Shanghai with the provisions of the Nine Power Treaty. Shanghai is the sixth largest city in the world. In finance, commerce, shipping and industry it is the heart of China and it may be argued with some force that China can hardly develop the effective and suitable Government contemplated in the Nine Power Treaty so long as Chinese authority is in any degree excluded from Shanghai. Company legislation, insurance laws, control of education and relations between employers and employees, protection of labour, housing, protection and development of manufactures, control of key industries, economic planning generally—all these are essential elements in the social and economic structure of a modern state. But in the case of China that structure is distorted because nearly one half the population of Shanghai resides in areas from which Chinese authority is excluded. The traditional aim of American and British policy, enshrined in the Nine Power Treaty, has been to encourage China to develop into a modern state. But this aim has been to a large extent frustrated by inability to break away from the older tradition of imposing tutelage and protecting foreign interests by armed force. Important as the foreign interests concentrated in Shanghai may be, it is doubtful whether security can in fact be obtained for them in future by the old methods of foreign administered areas and foreign garrisons. It is improbable that the Chinese will accept a situation in which one half the population of their greatest city is withdrawn from Chinese control [Page 92] and the Governments of, at any rate, the United States of America and the United Kingdom will be reluctant in future to use force for the protection of vested interests, or for the maintenance of foreign municipal institutions either against Chinese nationalism on the one hand or Japanese aggression on the other.
5.
For two reasons therefore, viz. the uneasy situation which will persist if Japanese control is not eliminated from Shanghai and the impediment to the normal development of China which foreign control generally in Shanghai will constitute, there would seem to be much to be said for a radical change in the existing conditions in Shanghai. A solution that would be both in harmony with the Nine Power Treaty and not humiliating to Japan can only be found by means of a self-denying ordinance under which whatever Japan is asked to surrender other Powers would also surrender, even though this might involve abandoning safeguards which have hitherto been regarded as indispensable for the protection of foreign interests at Shanghai. The only alternative to maintaining the International Settlement by force is to surrender all foreign control and restore complete Chinese control. The rendition of the International Settlement need not mean the end of foreign participation in local municipal government. It is suggested that on the withdrawal of the Japanese troops from Shanghai the Governments of the United States of America and the United Kingdom should each use their influence to secure that one municipal authority should be set up by the Chinese Government for the whole of Greater Shanghai, including Pootung, the International Settlement, the external Roads area, and, if possible, the French Concession. The existing municipal administration of the Settlement would be merged in the larger body which, while remaining a Chinese authority, would contain a foreign element with full representation of Japanese, British and other foreign interests. There would be one police force—also containing a foreign element—and Chinese laws would be applied and the Chinese writ would run throughout Shanghai. No troops, Chinese or foreign, would be stationed within a radius of, say, 30 miles round Shanghai, thus giving effect to one of the desiderata to which the Japanese have always attached great importance.
6.
A solution of the Shanghai problem on these lines would facilitate a settlement on the other points at issue on the basis of the open door and equality of opportunity, and in the spirit of the Nine Power Treaty which should obviously connote the withdrawal of Japanese armed forces from China and probably the withdrawal of all foreign garrisons. The Chinese would doubtless be willing to give assurances that the Maritime Customs Administration would be maintained on a basis of international co-operation fair to all powers trading [Page 93] in the Far East. She might also be pressed to give satisfaction to Japan on a number of points to which the Japanese Government legitimately attach great importance, such as anti-Japanese teaching in school text books, the suppression of anti-Japanese propaganda, the tariff rates to be applied to Japanese trade, etc. Japan attaches very great importance to her special position in North China. The terms of peace might therefore also include the recognition of Manchukuo by China—a measure which would remove one of the irritants that tend to disturb international relations generally—and the grant of special facilities for economic co-operation and the investment of Japanese capital in North China. This might include mining and industrial concessions for Japanese corporations, and some measure of Japanese participation in the management of the Northern Railways. Finally if, in the course of the general settlement, an opportunity should occur for dealing with the question of extraterritoriality, His Majesty’s Government would favour a solution on the lines of the draft agreement of 193141 which of course would be considerably modified—in the direction desired by China—by the rendition of the International Settlement as proposed above.

  1. Forwarded to the Adviser on Political Relations by the Counselor of the British Embassy in his letter of February 23.
  2. Signed at Paris, August 27, 1928, Foreign Relations, 1928, vol. i, p. 153.
  3. Printed by the North-China Daily News & Herald, Ltd., at Shanghai, 1931.
  4. For negotiations, see Foreign Relations, 1931, vol. iii, pp. 716 ff.; see also telegram of June 8, 1931, 1 p.m., ibid., p. 874.