701.0093 D 34 273

The Netherlands Minister in China (Oudendijk), Senior Minister, to the American Minister (MacMurray)26

Circular No. 273

Subject:—Shanghai incident of May 30th (judicial inquiry).

Referring to Circular No. 25927 the Senior Minister has the honour to circulate herewith among his Honourable Colleagues the official English translation of a Note received by him on October 2nd., from the Minister for Foreign Affairs on the subject of the Judicial Enquiry.

[Enclosure—Translation]

The Chinese Minister for Foreign Affairs (Shen) to the Netherlands Minister (Oudendijk), Senior Minister

Monsieur le Ministre: I have the honour to acknowledge the receipt of Your Excellency’s Note of September 15th. last informing me that the Foreign Governments interested have authorised their Representatives at Peking to request their American, British and Japanese Colleagues each to designate a Jurist to be a member of a [Page 709] Commission of Enquiry into the circumstances of the incidents in Shanghai of May 30th., and, in sending me a certified copy of the terms of reference for the Commission, Your Excellency also expressed the desire that a Chinese Jurist should also be one of its members.

I beg to seize this opportunity to state that the British Chargé d’Affaires at Peking, had in a Note of September 1st., last, transmitted to this Ministry telegraphic instructions from his Government respecting their proposal for a Judicial Enquiry. In view of the lapse of time and changed circumstances whereby most of the requisite evidence had become unobtainable or had disappeared and moreover as the facts of the case had been carefully investigated into at the beginning by Delegates on both sides, my Government had informed Monsieur Palairet in reply that the application at the present junction [sic] of such a procedure would only serve the purpose of further complicating the issue.

Your Excellency is no doubt aware that after the occurrence of the Shanghai incidents my Government lodged a formal protest through the Italian and then Senior Minister with the result that the Diplomatic Representatives of the interested Powers decided to send Delegates to Shanghai to investigate into the incidents and empower them to discuss and settle the case with the Chinese Delegates on the spot. Though the negotiations were brought to a suspense [sic] through the lack of authority on the part of the Diplomatic Delegates to settle the case as stated by them but no question, however, arose in respect to the facts which had been investigated into. When the case was transferred to Peking for settlement the then Senior Minister brought out five points as being suitable for discussion while consultations also took place on the various articles embodied in this Ministry’s despatch of June 24th. last as they are within the scope of the case and admissible for discussion.

Afterwards it was given out that the British Government proposed to re-investigate the case by judicial procedure, a proposal [of] which the British Chargé d’Affaires at Peking also subsequently made mention. Consequently my Government instructed by telegraph their Chargé d’Affaires at London to inform the British Government that as the facts of the Shanghai case had already been investigated into con-jointly by the Diplomatic Delegates who also had several discussions with the Chinese Delegates, the re-investigation suggested was unnecessary and would only involve a waste of time: a view I also made known on several occasions to the Representatives at Peking of the interested Powers.

To be informed three months after the occurrence of the incidents that the Foreign Governments interested still come to the decision of [Page 710] appointing delegates to investigate into the case by judicial procedure, I beg leave to say that my Government have not wavered from their attitude originally maintained.

I avail myself of Your Excellency’s valued channels to transmit the contents of this Note to Your Colleagues, the Heads of Mission concerned, and to express to you, Monsieur le Ministre, the renewed assurances of my very high consideration.

[File copy not signed]
  1. Copy received by the Department December 4.
  2. Supra.