893.041/166: Telegram

The Ambassador in China (Johnson) to the Secretary of State

588. Following is Embassy’s translation of a third person note received from Chinese Ministry of Foreign Affairs under date of November 29:

“The Ministry of Foreign Affairs presents its compliments to the American Embassy and, with reference to the forcible attempts of Japan to seize the various Chinese courts in the Concession areas at Shanghai, has the honor to recall that the Ministry has repeatedly discussed the matter with His Excellency Nelson Trusler Johnson, American Ambassador, as well as having detailed officials to proceed to the Embassy to conduct negotiations. The request to adopt a stern attitude firmly rejecting Japanese interference has already aroused the attention of the American Embassy.

The establishment of the Chinese courts in question and the exercise of their functions are based upon international agreements signed by the various powers concerned; they possess an intimate relation to the peace of the Concessions. Once they are seized by Japan, not only will Chinese citizens in the Concessions be exposed to danger, but also foreign nationals without extra-territorial rights and even foreigners with extra-territorial rights, will be greatly threatened; in fact, this would amount to control of the whole of the Concessions and cannot be regarded with indifference.

The confidential report has recently been received to the effect that Japan’s attempts forcibly to seize the various Chinese courts in the Concessions at Shanghai have been more intensified, and there is talk that it will occupy Hongkew as a quid pro quo for the taking over of the courts. If this information is true, it is thought that the various parties affected will be able to foresee the consequences. The Ministry has the honor, therefore, especially to request that the American Embassy take note of the matter and that it continue to adhere to its previous policy in relation to the Chinese courts of exhausting all efforts for their protection; that is, that it firmly reject Japan’s illegal interference, in order to uphold international agreements. The Ministry is appreciative of the Embassy’s friendliness in the matter.”

The Embassy is acknowledging the foregoing note and stating that copies have been transmitted to Washington and Shanghai.

Repeated to Shanghai. Copy by mail to Peiping.

Johnson