893.05/156: Telegram
The Minister in China (MacMurray) to the Secretary of State
626. Reference paragraph No. 2, my 558, July 13 [11], 5 p.m. Upon the assumption (which, as reported in my telegram of June [Page 688] 10,77 we know to be incorrect) that the Nanking Government propose to negotiate with the interested foreign representatives an agreement for the rendition of the Shanghai Provincial [Provisional] Court upon more satisfactory and workable terms mutually acceptable to the parties, the British Government has instructed the British Minister that in replying to the Minister for Foreign Affairs it considers it premature to make any reference to possible reversion of the court to the status quo ante. The British Minister accordingly presented to the diplomatic body a text which omits any reference of this nature, and the diplomatic body this morning adopted such text which will be sent to the Minister for Foreign Affairs by the Senior Minister on behalf of his colleagues as soon as the Japanese Chargé d’Affaires receives the approval of his Government to which he has considered it necessary to refer the matter.78
2. The following is the substantive portion of the text:79
I am desired by my colleagues, the interested Heads of Legation, to point out that the above-mentioned proposal for preliminary examination on behalf of Heads of Legation concerned by a commission of their local representatives [together with representatives?] of the Chinese Government was made in a spirit of entire good will and friendship with a view to finding in the quickest way promising [possible?] the most practical solution of a question which during the last few years has not ceased to cause difficulties. In this connection I need not remind Your Excellency of the fact that by its terms the present provisional agreement between the consular body in Shanghai and the Kiangsu Provincial Government holds good until December 31 next and thereafter for a further period of three years unless in the meantime revised by mutual consent of the parties to that agreement or unless replaced by new agreement concluded between the interested heads of Mission and the Central Government.
3. In the meanwhile my colleagues and I, while still of the opinion [that] the best, most satisfactory way of meeting the wishes of the Chinese Government as expressed in Your Excellency’s note of May 8 last and of obtaining the most speedy results, would be through an examination in the first instance by a joint local commission, such as suggested in my note of June 7, with a view to the submission of recommendations to Your Excellency’s Government and to the interested Heads of Legation, reaffirm their willingness to enter into negotiations with the Chinese Government in accordance with the provisions of article 7 of the agreement of 1926 and await the receipt from Your Excellency of such concrete proposals as might furnish a basis for the negotiations.