893.102S/2312: Telegram
The Consul at Shanghai (Butrick) to the Secretary of State
[Received October 4—10:13 a.m.]
1030. Reference last paragraph of my 958, September 20, 4 p.m.56 Arrest of Japanese gendarme in the American defense sector. No reply to Colonel Peck’s letter of September 10 having been received, a staff officer of the Fourth Marines made further inquiry through the Japanese Army liaison officer on September 16. Major General Miura finally replied in a rather contentious letter dated September 26, the gist of which follows:
The Ambassador’s attitude regarding the carrying of arms by Japanese gendarmes within the American defense sector fundamentally lacks legal foundation as Japanese gendarmes are among the categories of forces “the invasion troops [in uniform] or on duty” permitted by the land regulations and bylaws to carry arms in the International Settlement. The Japanese will hold to this view in the future. The Shanghai Municipal Council has requested that when Japanese gendarmes are to carry on police functions in the International Settlement, they shall do so by arrangements with the Commissioner of Police. Gendarmes on duty in plainclothes, but who are not exercising police functions, cannot be considered as infringing on the rights of either the Municipal Council or the American defense forces. It is outside the power of the defense forces, whose main duty is to assist the municipal police in case of need, to attempt to restrict the actions of Japanese gendarmes who are not exercising police functions. The case in point does not raise any question of legality since the gendarme was not exercising police functions in the American defense sector, now [nor?] had he any intention of so doing.
Colonel Peck replied on October 2, roughly as follows:
The contention that Japanese gendarmes are entitled to carry weapons in the American Defense Sector is based on a faulty inters pretation of the Land Regulations since the clause referred to is a restrictive and not a permissive one. It also violates a long standing and complete understanding between the Japanese and American forces, and Major General Miura’s verbal promise of July 7 that the sending of armed Japanese gendarmes into the American Defense Sector without proper authorization would not be repeated. The Shanghai Municipal Council and police have never authorized the carrying of concealed arms by Japanese plainclothes men except in connection with actual prearranged police measures. It is not clear why a gendarme not exercising police functions should have need [Page 822] to carry a concealed weapon. Since the American forces have the responsibility for protection of foreign lives and property in the American Sector, they have not and will not permit the carrying of weapons into their sector except in accordance with specific agreements between duly constituted authorities.
The provision of the land regulations referred to is presumably by-law 37. The understanding between the Japanese and American forces mentioned by Colonel Peck is believed to be that reported in this Consulate General’s despatch number 1493 to the Department of May 27, 1938.57
Sent to the Department. Repeated to Chungking, Peiping. By air mail to Tokyo.
- Not printed. This had reference to the information that the arrested gendarme claimed to be a sergeant of the Japanese gendarmerie on official duty; and that an inquiry regarding this irregularity addressed by Colonel Peck to Major General Miura had not been answered (893.102S/2283).↩
- Foreign Relations, 1938, vol. iii, p. 188.↩