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

893.102S/2265: Telegram

The Consul at Shanghai (Butrick) to the Secretary of State

Shanghai, September 12, 1940—2 p.m.
[Received 3:10 p.m.]

908. The Secretary and Commissioner General of the Shanghai Municipal Council accompanied by the Municipal Advocate⁴⁴ called on me yesterday afternoon. The former made reference to the semiofficial statement of Mr. Gauss on the American attitude in regard to the Chinese courts (see Shanghai’s 228, March 19, 10 a.m.⁴⁵) and stated that both he and the Municipal Advocate now considered that the court matter was approaching a crisis. He thereupon handed me a copy of the circular letter quoted in my 905, September 11, 4 p.m.⁴⁶ and added that in view of the previous assassination of two judges, the judges and the clerical staff of the courts in the Settlement were most apt to give serious consideration to the threatening letter and there was a possibility that they might cease to function, thus leaving the Settlement without a Chinese court. He said that the Shanghai municipal police would afford protection to the judges but would be unable to afford complete protection to the clerical staff of the courts and that under the circumstances while the judges would doubtless carry on for the present many of the clerical staff might well be afraid to continue.

I asked the Commissioner if he had any practical suggestions to meet the situation and he said that the Municipal Advocate would prepare a memorandum on the subject for the Council’s information and would hand me a copy. I have now received the memorandum. It proposes three plans in the order of their acceptability: (1) that sector B be taken over by the American Marines and the court premises on North Chekiang Road be guarded by them; (2) that the Municipal Council operate and control the Chinese courts in the Settlement with the tacit consent and approval of the signatories of the Shanghai Agreement and the Japanese Government. As the branch Supreme Court which was established in Shanghai about 2 years ago serves all the special courts in the Shanghai area, the cooperation of the French authorities would probably be needed; (3) that the Nanking [“government”] take over the courts and operate them in accordance with the provisions of the present court agreement, this only as a last resort.

I am informed by the Municipal Advocate that the present judges would not accept dual appointment as suggested in Shanghai’s 228 owing to their fear of reprisals from Chungking terrorists. I am informed by the Municipal Advocate that the official income from their positions is from $250 to $500 for the judges and from $30 to $100 for the clerks, the latter averaging $50. These sums are local currency and are ridiculously low.

In response to my inquiry the French Consulate General informs me that the judges of the courts functioning in the French Concession have received similar letters and that they are being given special police protection.

There has been very little newspaper agitation against the courts recently. However, in an editorial in the Sin Shim Pao, a Japanese-owned Chinese language newspaper, entitled “Establish a new order in the foreign settlements as soon as possible” it was stated on September 5 that the three essentials for the establishment of a new order in the foreign settlements was the stationing of Chinese troops in the foreign settlements, the recovery of the courts and the taking of a census. There has been some agitation in other Japanese-controlled newspapers that the “National Government” send troops to take over Sector B.

When the régime at Nanking is recognized by the Japanese we may expect an intensification of the campaign against the courts in the press by means of intimidation and possibly assassinations and through the devious methods employed by the Japanese military.

Sent to the Department, repeated to Chungking, Peiping. Code text by air mail to Tokyo.

Butrick

44. Robert T. Bryan, Jr., American attorney.
45. Not printed.
46. Not printed. The letter, from “Special District Headquarters of the Anti-Communist and National Peace Kuomintang”, addressed to officers and clerical employees of the First Special Area District Court and the Kiangsu High Court, Second Branch, at Shanghai, warned them they should “openly state their views” to the organization headquarters at 76 Jessfield Road within seven days or resign. The letter ended: “otherwise it is likely that action will be taken against you by some other people who are doubtful of your attitude.” The Consul added that the address given belonged to the police of the Japanese-sponsored municipal regime and also connected with headquarters of Japanese gendarmes in that area. (793.94/16173)