893.102S/1573: Telegram

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

5. Reference my 2, January 2, 10 a.m. I have today informed the chamber [chairman?] of the Shanghai Municipal Council by letter that while I am desirous of cooperation with the Council in the present emergency, I am unable to accept the emergency proclamation as applying to American nationals or American property in derogation of American extraterritorial rights or jurisdiction. I am transmitting a copy of this letter to the Senior Consul.

French Ambassador informed me this morning that in connection with discussions between the French and Japanese military authorities concerning the opening of areas adjoining the French Concession, the Japanese authorities recorded a condition that any person committing offenses affecting the Japanese military forces shall be tried by Japanese military law. The French Ambassador advised his military commander that he cannot accept or discuss any such condition.
As the British, American and Italian Commanders are understood to have been discussing with the Japanese military authorities the opening of areas west of the International defense lines, and so far as I am aware the interested Consuls General have not been consulted or informed of the details of the discussions, I have addressed [Page 216] a letter to the Commander in Chief91 bringing the foregoing information to his attention and expressing the hope that the American Marine Commander92 will not accept or assent to any Japanese stipulation that Americans in the areas concerned shall be subject to Japanese military laws under any circumstances.

Repeated to Hankow and Peiping.

  1. Adm. Harry E. Yarnell, U. S. N., commanding the United States Asiatic Fleet.
  2. Brig. Gen. John C. Beaumont.