893.05/181: Telegram

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

377. Your 1000, November 14, 8 p.m.

1.
If the Japanese Government indicates its desire to participate in the forthcoming negotiations you may join with your interested colleagues in the proposed note. The Department refers, however, to paragraph 1 of its telegram 366, November 8, 6 p.m. The Department hopes that arrangements will be made to conduct negotiations under circumstances favorable to a successful result. …
2.
The Department considers that the interest held in common in the matter of setting up a satisfactory court in the International Settlement is to be found in the fact that the court necessarily must function as an auxiliary to the international administration of the Settlement. This international administration rests upon the international arrangements and practice relating to the Settlement, and not upon the general provisions of the treaties. It would appear to the Department that, China and Japan being at the present time in diplomatic relations, the participation of the Japanese Government [Page 715] in the conduct of the International Settlement continues as a matter of course. The question of general treaty provisions is irrelevant.
Cotton