893.102S/1413
The Ambassador in China (Johnson) to the Secretary of State
[Received November 16.]
Sir: I have the honor to enclose for the information of the Department a copy of despatch No. 408 of September 28, 1936, from the Consul General at Shanghai, with which he transmitted a copy of a letter dated August 12, 1936, from the Secretary General of the Shanghai Municipal Council to the Senior Consul,93 requesting that the Consular Body approve the decision of the Council to reprint the Land Regulations with certain amendments to provide for the Chinese members of the Council and the Chinese members of the Land Commission.
Mr. Gauss recalled in his despatch that, when arrangements were made to provide for Chinese members of the Council, no textual amendment of the Land Regulations was proposed or adopted. When arrangements were made to add two Chinese to the Land Commission, certain textual changes in the Land Regulations were proposed, but the Chinese authorities avoided recognition of the Land Regulations, merely approving the arrangement for two Chinese Land Commissioners. [Page 696] He stated that, in discussing the matter with the British (and Senior) Consul General, he expressed to Sir John Brenan the opinion that as there had been no agreement for the textual amendment of the Land Regulations it would seem desirable simply to annotate the Regulations to show the arrangements made in accordance with the procedure prescribed in Land Regulation XXVIII to provide for the Chinese members of the Council and the Chinese Land Commissioners. His British colleague, however, was disposed to establish the amendments to the Land Regulations as drafted by the Council and communicate them to the Mayor, leaving it to the latter to agree, reject, or remain silent. He had so recommended to his Embassy and had discussed the matter with the British Ambassador when he visited Shanghai. Sir John felt that textual amendments of the Land Regulations were necessary in order that the reprint might be annexed to a King’s Regulation which is necessary to make the amended Land Regulations binding upon British subjects in China. Mr. Gauss stated that, while he believed that this end might just as easily be accomplished by the publication of annotated Land Regulations, he informed Sir John that, in an effort to meet his wishes as far as possible, he would be disposed to agree that the Council be informed that the Consular Body approved the reprinting of the Land Regulations with the textual amendments as drafted by the Council, but that such amendments should appear in italics and that an appropriate note should be added to explain that the amendments had been established in accordance with arrangements made by the competent authorities under Land Regulation XXVIII to provide for the Chinese members of the Council and the Chinese members of the Land Commission. A copy of the reprinted Land Regulations when so published would be transmitted to the Mayor by the Senior Consul. This proposal was accepted by the British Consul General who stated that he would approach the Japanese Consul General informally for his concurrence before the matter was put before a meeting of the Consular Body.
Mr. Gauss reported in his subsequent despatch No. 438 of October 12, 1936, a copy of which is enclosed,94 that at a meeting of the interested consular representatives held on October 6 it was agreed that the Shanghai Municipal Council should be informed that the Consuls approved the reprinting of the Land Regulations with the textual amendments as drafted by the Council, but that it should be suggested to the Council that such amendments should appear in italics and that an appropriate footnote be added in each case to explain that the amendments had been established in accordance with arrangements [Page 697] made by the competent authorities under Land Regulation XXVIII to provide for the Chinese members of the Council and the Chinese members of the Land Commission. It was further agreed that the Council should be requested to draft a pertinent footnote in each case for the purpose mentioned and to submit the drafts to the Consular Body for approval. Mr. Gauss stated that some of his colleagues felt that the footnotes should include the full text of the articles of the Land Regulations before amendment, but he considered that the footnotes as drafted by the Council could be made sufficiently explanatory to avoid the necessity of reprinting the full text of the articles before amendment.
A copy of the communication sent by the Senior Consul to the Council under date October 7, 1936,95 is enclosed with Mr. Gauss’s despatch No. 438 of October 12.
Further developments will be reported to the Department.
Respectfully yours,