893.102S/1795: Telegram
The Secretary of State to The Chargé in China (Peck)
90. Your 300, May 1, 3 p.m., 325, May 11, 3 p.m., and 330, May 14, noon,58 quoting the texts of three notes dated April 27, May 10 and May 13, respectively, from the Chinese Ministry of Foreign Affairs in regard to the situation in the International Settlement at Shanghai.
The Department desires that you call at the earliest practicable date [Page 54] on the Minister for Foreign Affairs and that you read to him, and leave with him as record of what you say, an aide-mémoire along lines as follows:
“Reference is made to the three notes addressed to the American Embassy by the Chinese Ministry of Foreign Affairs bearing dates of April 27, May 10 and May 13, 1939, all of which relate to various aspects of the situation in the International Settlement at Shanghai.
In its note of April 27 the Chinese Ministry of Foreign Affairs referred to press reports that the Japanese had recently asked the authorities of the International Settlement at Shanghai to prohibit the hoisting of the Chinese national flag in the International Settlement, observed that Chinese civilians and organizations in the International Settlement at Shanghai should not be subject to interference from anyone in hoisting their national flag, and requested that an instruction be transmitted to the authorities of the International Settlement not to accept the Japanese demand nor to interfere with the freedom of Chinese citizens in hoisting their national flag. In its note of May 10, the Ministry referred to the fixing by the authorities of the International Settlement of a total of 8 days in each year for the hoisting of the Chinese national flag in the Settlement, observed that the freedom of Chinese residents to hoist their flag was not subject to the restrictions imposed by the authorities of the International Settlement, and requested that the authorities of the International Settlement at Shanghai be informed of their responsibility to respect the freedom of Chinese residents in the Settlement to hoist their national flag. In its note of May 13, the Ministry referred to a report to the effect that Japanese marines had occupied Kulangsu by force on May 11, observed that this was a test case, that its repercussion on the future of the concessions at Shanghai and Tientsin might be great, and that the Chinese Government was much concerned, and requested that the Government of the United States give its most serious attention to the matter.
The Government of the United States has given careful consideration to and fully appreciates and understands the general attitude and concern of the Chinese Government as expressed in the three notes described hereinabove and is confident that the authorities of the International Settlement at Shanghai also appreciate and understand the attitude of the Chinese Government in regard to Chinese residents and interests in the International Settlement.
On the other hand the Government of the United States urges that the Chinese Government give full consideration to the extremely difficult problems confronting the authorities of the International Settlement at Shanghai in the situation prevailing in that area.
Through the combined efforts of the nationals of many countries Shanghai has been developed as a great cosmopolitan center in which are concentrated large interests of Chinese and foreign nationals alike. In the development of that great Chinese port the International Settlement has played and continues to play no small part. In times of stress and disturbance the Settlement has, by reason of its international character, afforded protection both to Chinese and to foreign lives and interests. Inherent in that international character, however, is an obligation on the part of the Settlement authorities and community [Page 55] to avoid involvement of the Settlement in disputes which have their origin elsewhere than in the International Settlement. The Government of China is not in position at the present moment to afford physical protection to its nationals in the Shanghai area. The Chinese nationals and large Chinese interests in that part of the International Settlement which is under the effective control of the Settlement authorities owe to the protection afforded by the International Settlement their comparative immunity to many of the effects of the present conflict between the forces of China and Japan. In view of this fact, the consideration is urged that those enjoying the protection of the International Settlement, whatever their nationality or whatever their allegiance and sympathies in regard to conflicts originating elsewhere but having repercussions in the International Settlement, should not engage in activities within the Settlement which tend to prejudice the position of the Settlement and of the Settlement authorities.
There have come to the attention of the Government of the United States regulations formulated to cover the activities of the ‘Shanghai People’s Mobilization General Society’. This society is understood to have for its stated object the development of a widespread mass movement to conduct political, military and anti-Japanese and ‘national salvation’ work at Shanghai. The regulations indicate that they will be put into force from the date of their approval by the General Society and further that they shall be submitted to the ‘Kuomintang and administrative organizations for record’.
The Government of the United States is confident that the Chinese Government will realize that, in the circumstances now obtaining at Shanghai, the carrying on in the International Settlement of political activities, however patriotic and laudable such may be from a Chinese national point of view, cannot but prejudice the position of the International Settlement and tend to precipitate issues such as those in regard to which the Chinese Government expressed its serious concern in its note of May 13.
The Government of the United States is persuaded that the authorities of the International Settlement are endeavoring to the best of their ability to deal fairly with the realities of the extremely difficult situation confronting them, and is convinced that the interests of all concerned, and especially the extensive Chinese interests centered in the International Settlement, would be best served if the Chinese Government would use all means at its disposal to discourage all activities in the International Settlement on the part of individual Chinese and Chinese organizations which tend to disturb the peace and order and to prejudice the international character of that Settlement.
With regard to the specific question raised by the Chinese Government of the freedom of Chinese residents in the International Settlement to hoist their national flag, the Government of the United States observes that the action of the Settlement authorities in regard to the hoisting of flags represented a compromise which reflects the difficult situation confronting those authorities. While fully appreciating the interests of the Chinese Government in the rights of its citizens at Shanghai, the Government of the United States is convinced that in the situation now existing at that place insistence by the Chinese Government or by Chinese nationals upon the exercise of all of their [Page 56] legal rights or upon the carrying on of Chinese national political activity in the International Settlement at Shanghai would not be to the best interests of China.
The Government of the United States hopes that the Chinese Government will regard this approach in the spirit in which it is intended, namely, as designed to be helpful not only to the interests of the United States but to the interests of China as well. The Government of the United States earnestly hopes that the Chinese Government will give this whole matter its most serious attention. For its part, the Government of the United States assures the Chinese Government that it and its representatives in the Far East are endeavoring to keep in mind all phases of the situation affecting the International Settlement at Shanghai and that they are exercising their best efforts in the interests of all concerned.”
Please ask the Minister for Foreign Affairs, as from me, to be so good as to bring the above indication of our views to the attention of other concerned high authorities of the Chinese Government.
Please in your discretion inform your British and French colleagues in confidence of the approach being made to the Chinese Government.
Please inform the Department promptly when you have presented the aide-mémoire, whereupon the Department contemplates taking the matter up here with the Chinese Ambassador.
Repeated to Peiping and Shanghai. Peiping please repeat to Tokyo.
- Telegram No. 330 not printed.↩