793.94/3905: Telegram
The Consul General at Shanghai (Cunningham) to the Secretary of State
[Received 3:15 a.m.]
[1.] Following is text of first four paragraphs of formal protest by [Page 188] Defense Committee against certain activities by the Japanese naval landing party. Protest is dated February 2 and addressed to the British Consul General, Italian Chargé d’Affaires and myself and is signed by all members Defense Committee except Japanese.
“(1) In the international defense scheme, to which the commander of the Imperial Japanese Naval landing party agreed, is included the following: ‘It has been further agreed to divide the International Settlement and its vicinity into sectors, the commanders of which shall be responsible for assisting the police to maintain law and order for the protection of foreign lives and property, within the limits of their respective sectors.’
(2) Largely to meet the views of the Japanese Commander, the following safeguarding paragraph was added: ‘No proceedings of the Defense Committee shall prejudice the right of any garrison commander to communicate and consult with his national, consular, or naval authorities present, nor prevent his independent action should he consider such necessary to conform with police regulations from higher authority. In case of independent action he will, however, inform the Chairman of the Defense Committee.’
Particular attention is directed to the last sentence.
(3) When the defense scheme was drawn up, it was recognized that the individual foreign garrison commanders in Shanghai could not on their own authority agree on any comprehensive scheme. The form of agreement, therefore, contained the qualifications ‘subject to confirmation and superior authority’.
[(4)?] At a meeting held on Friday, 27th November, 1931, specially [called?] by the Chairman of the Shanghai Municipal Council, to discuss what action should be taken in the event of serious complications arising out of the Sino-Japanese situation in Manchuria, Baron Shibayama, then commander of the Japanese naval landing forces, stated that he concurred in the defense scheme, subject to approval by his commander in chief. The latter had referred to Japanese Government and at the time no reply had been received. He would, however, act in any emergency in accordance with the provisions of the scheme. Here again, particular attention is called to the last sentence.[”]
2. Following is résumé of remaining paragraphs of protest.
The members of the Defense Committee protest against activities of Japanese landing party in sectors other than their own. These activities are:
- (a)
- Posting of detachments in mills out of proportion to requirements of security;
- (b)
- Active patrolling. The Defense Committee states it is impossible from a military point of view for two or more individuals to control action in any one area particularly when any one fails to notify the others.
Protest states that activities complained of apart from causing the ill-feeling between nationals lead to formulation of Chinese opinion against foreigners generally. Feeling by British and American troops [Page 189] and volunteers is acute and if such practice continues [it will be?] impossible to guarantee restraint by lower ranks who cannot be expected to maintain calm judgment for prolonged period in face of extreme provocation. Protest concludes by stating that no serious situation has arisen in British or American sectors involving loss of Japanese lives or damage to property and that patrolling which is being carried out by Japanese is entirely unnecessary in the circumstances; also that emphatic protests have already been made to Japanese commander without any result up to date.
3. Attached to protest is annexure of five points as follows:
- (1)
- Presence in mills in American sector north of Penang Road of at least 500 Japanese marines with not less than 12 machine guns. The approach of this force is definite infringement with regard to defense and a direct indication that Japanese intend to use this force offensively taking advantage of ability to maneuver in International Settlement.
- (2)
- On January [February?] 1st, in British sector, two unarmed Chinese coolies bayoneted by Japanese marines witnessed by municipal police Shanghai.
- (3)
- Barricade with two machine guns trained on Chapei in American sector close to United States marine post. Japanese official in charge intimated that United States marine post was in line of fire of Japanese machine guns and Americans must move.
- (4)
- Daily passage of Japanese lorry patrols past headquarters of American marines with rifles and machine guns pointed at marines.
- (5)
- Wanton shooting of two Chinese boys on evening February 1st apparently in Italian sector. (End of protest.)
4. Protest was communicated by me today to Japanese Consul General and I urged him to bring it to the attention of commander in chief of Japanese Navy in Shanghai at earliest possible moment.
Repeated to the Legation and Nanking.