703.94115/1: Telegram

The Consul General at Shanghai (Cunningham) to the Secretary of State

5. The Shanghai Municipal Council at its meeting yesterday decided to ask the consular body’s support in securing the release of the prisoners that were being detained by Japanese military authorities in the Settlement. This request was orally transmitted to the Consul this morning and at a meeting convened for the purpose of considering what representation should be made, the Secretary General presented the action of the Council and stated that two suggestions had been made, first, that an international court should be established to try those prisoners detained by the Japanese and, second, that an international committee should be appointed by the body for the purpose of inspecting and determining whether a prima facie case existed against those prisoners detained.

The first proposal was considered impractical and difficult, if not impossible to carry into effect, therefore, the second proposal was being considered by the full body, including the Japanese Consul General, when the Japanese Consul General stated that the military authorities were prepared to turn over immediately those prisoners who were taken within the Settlement boundaries, upon the inquiry as to whether he would accept the services of an international committee to visit the prisoners, he stated that he would reply within a few hours but he felt sympathetic to the suggestion.

He stated that there were probably approximately 100 prisoners being detained, that there had been as many as 300, some had been [Page 227] executed and some had been released. If, as I believe, the committee proposal is acceptable to the Japanese it is my intention to support the appointment of a committee of smaller powers supplemented, if it seems desirable at that moment, by one British and one American and my desires are to appoint Sellett if he will accept.

The Japanese Consul General assured us that reenforcements would not be landed in the Settlement; that they would be landed elsewhere. He stated that the Woosung Fort had not yet been occupied by the Japanese Navy.

Repeated to the Legation, Nanking and Tokyo for information.

Cunningham