Office of the Historian

893.5045/204: Telegram

The Minister in China (MacMurray) to the Secretary of State

Peking, September 4, 1925—9 p.m. [a.m.]
[Received September 4—10:55 a.m.]

379. Your telegram number 203, August 17, 5 p.m.19

1.
In consultation yesterday evening Japanese Minister, British Chargé d’Affaires and myself worked out formula based upon the British Foreign Office draft for the terms of reference to judicial inquiry of the matters related to Shanghai incident of May 30. This we propose to present for the approval of interested colleagues so soon as Japanese Minister and I may have received authorization.
2.
Substantial portion of the formula omitting preamble and lettering subsequent paragraphs for convenience of reference, is as follows:
  • “(c) Now therefore, we, the diplomatic representatives at Peking of (all interested Governments here named20), do hereby authorize the American, British and Japanese representatives each to designate a jurist to be a member of a commission of inquiry (which shall also include a Chinese jurist if such should be designated for that purpose by the Chinese Government) to investigate the origin and character of the disturbances which took place at Shanghai on or about May 30th, 1925; the reasons if any that existed for anticipating disorder; the precautions that were or might have been adopted to prevent the same; the measures taken to suppress it and the circumstances in which certain persons lost their lives and other persons suffered injuries; and to report their findings.
  • (d) The commission shall have power to determine the procedure to be adopted for the purposes of the inquiry.
  • (e) The sittings of the commission other than those held for the purposes of determining its procedure and of preparing its report shall be held in public.
  • (f) The commission is authorized so far as the different legal systems applicable may permit to require the attendance of witnesses and the production of documents and to take evidence on oath.
  • (g) The commission may at its discretion permit any person or public body concerned with the subject matter of the inquiry to appear before it either in person or by legal representative and to call and cross-examine witnesses.
  • (h) The findings of the commission should if possible be unanimous.
  • (i) In pursuance of the authorization set forth above we the representatives of the American, British and Japanese Governments do hereby respectively designate . . . . . . . . . ., Sir Henry Gollan21 and . . . . . . . . . . to be members of the said commission.”
3.
Please advise me whether this formula is satisfactory, if so definitely empowering me to sign it or any modification of it importing no substantial alteration.
4.
I should be glad if you could as soon as possible advise me of the name of the jurist whom I may be authorized to designate for the purpose in behalf of our Government and of the approximate date when he may be available to take part in inquiry. In view of the long delay that has taken place in constituting the commission, even though the fault is not primarily ours, I would urge the utmost expedition in making the necessary arrangements.
MacMurray
  1. Not printed; it repeated substance of telegram No. 257, Aug. 15, from the Ambassador in Great Britain, p. 696.↩
  2. The American, Belgian, British, Danish, French, Italian, Japanese, Netherlands, Norwegian, Portuguese, Spanish, and Swedish Governments.↩
  3. Chief Justice of the Supreme Court of Hongkong.↩