Office of the Historian

893.5045/253: Telegram

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

Peking, November 21, 1925—4 p.m.
[Received 6:30 p.m.]

492. My 467, October 28, 5 p.m.

1.
I have received for confidential information a copy of Justice Johnson’s individual report,31 the original of which was delivered yesterday to senior minister. Report by British judge received by British Legation although I am not yet informed of its contents. A brief summary of Justice Johnson’s report follows.
2.
The report confirms the impression gained by diplomatic commission during its investigation at Shanghai as acted upon by Heads of Legation last June to the effect that adequate precautions were not taken by police authorities to prevent disorder. Report rather severely censures McEuen for leaving his post and remaining out of the city at such a time in the following language, “I can see no basis for his, McEuen[’s], absence from duty on that day, without giving notice to his deputy, which can be harmonized with his responsibility. His presence and his personal direction of his police force at Louza station as late as 3:15 p.m. on May 30th last, might have saved the lives of some innocent persons.”
3.
The report ably reviews under the headings of the terms of reference the facts brought out by the inquiry.
4.
It is regrettable however that it does not end at this point with a few briefly summarized conclusions. Instead Justice Johnson exceeds the terms of reference, giving his conclusions in 17 paragraphs and his recommendations in 3 which in the majority of cases embrace topics and offer proofs obviously beyond the scope of the inquiry. For example, under “conclusions”: Ninth paragraph, “That those in authority with power to act in order to lessen the complaint of the Chinese people should as speedily as possible bring to a close the negotiations which have been pending for some years relating to the status of and character of the Mixed Court.” Tenth paragraph, “That the question of participation on the part of the Chinese people in the actual government of the city of Shanghai, so far as treaty relations will permit, should be taken up, mutually discussed, and settled. The present situation, from the standpoint of many, is intolerable and until settled will continue to be a source of serious grievances.” Eleventh paragraph, “That the question of extraterritoriality which compels the Chinese people in his [sic] relation with the foreigners and in all of his [sic] disputes with them in which, he [sic] is the aggrieved party to submit to foreign law more or [Page 714] less, should speedily and without delay be mutually discussed and settled. There exists a basis of settlement which would be fair and reasonable to all parties.” Twelfth paragraph, “That the alleged grievance on the part of the Chinese people relating to the loss of sovereignty and territory in the region of the city of Shanghai is also a question which those in authority should not overlook. It is a serious one and its speedy settlement would greatly allay much of the trouble now existing.” Thirteenth paragraph, “That the grievance of the Chinese people concerning unjust treaties negotiated with selfish and perhaps dishonest officials is another question which should be carefully considered, mutually discussed and justly settled by all of the friendly nations of the Chinese people [sic].” Fourteenth paragraph, “That the foreigners in China have failed to take into account the principles of liberty and independence which they themselves have by precept and example spread abroad throughout China, concerning which the young and rising generation have been apt students.”
5.
The following three recommendations conclude the report.
  • “First. That after some of the suggestions made in my conclusions above enumerated have been put into effect that the powers and duties and responsibilities of the governing body of Shanghai be more definitely and precisely defined.
  • Second. That considering the knowledge which the commissioner of police, Mr. Kenneth John McEuen, had concerning the excited condition of a large portion of the Chinese population within and immediately without the International Settlement, as evidenced by his daily reports signed by himself as commissioner of police from the 11th day of January last up to and including his report for the 30th day of May last, the daily report furnished by Chief Inspector Givens in his ‘summary of labor, student and Bolshevik activities and diary of events leading to the shooting incident on the Nanking Road near the Louza station on May 30 last’, considering his own admissions in his evidence adduced during the hearing in relation with the fact that he took no precautionary measures whatever to prevent the disturbances of May 30 last and his absence from his station during the afternoon of that date, I am fully persuaded that he does not have a proper appreciation of his responsibility in the maintenance of peace and good order within his jurisdiction. I would therefore respectfully recommend that he be succeeded by one whose performance of duty shall be more nearly commensurate with his very high responsibilities.
  • Third. Considering the many nationalities living and residing in the International Settlement of Shanghai, it occurs to me that it would be wise and advisable to have the commissioner of police and the deputy commissioner of police selected from among the citizens of two nations so that the blame for disorder and disturbances in the future if they occur cannot be wholly charged to one nation alone.”
6.
It is very unfortunate that dicta of a controversial political nature should be contained in a judicial finding intended to be published at this time. I have informally talked the matter over with the senior minister. He and I are in agreement that there is no other course to follow than to have the three reports published. The matter cannot be decided, however, until opportunity is given for the Heads of Legation to discuss the reports. I presume such a discussion will take place soon. In this discussion I shall maintain the attitude indicated above unless I receive instructions to the contrary from the Department.
7.
Reference your 241, September 11, 5 p.m., our 389, September 10, 5 p.m., and pertinent correspondence with respect to resignation of McEuen. I believe now is the appropriate time for the Department to call to the attention of the British Government their commitment in this matter and to urge the British Government to exert its full influence to secure the immediate submission of McEuen’s resignation and its acceptance by the Shanghai Municipal Court. I cannot emphasize too strongly my belief that there should be no further delay in having this resignation submitted and accepted.
MacMurray
  1. Not printed.↩