arriving at an agreement under the terms of which and in accordance with the provisions of which extraterritoriality might be, by a gradual process, abolished. Mr. Hornbeck laid before Dr. Wu the pertinent paragraph of the British aide-mémoire of December 20, and a copy of the draft proposal which Mr. Johnson had handed to Dr. Wu on December 21, and Dr. Wu admitted that the concrete proposal made by this Government went as far as or further than the British Government's statement in the way of indicating willingness that the date January 1, 1930, be signalized as an outstanding date in connection with the problem of extraterritoriality. Mr. Hornbeck then took occasion to reiterate that this Government feels that there is but one line of procedure practicable by way of effecting the relinquishment by this Government of its rights with relation to extraterritorial jurisdiction, namely, the method of agreement; and he stated that this Government regards the problem as one which must be dealt with on the basis of realities and with a view to effecting the transition from the present system of jurisdiction to a régime in which China's jurisdiction shall be exclusive in a manner which shall work the minimum of hardship to the persons and the interests most directly concerned and to be affected. He referred not alone to recent statements on that subject but to the statement made public by the Secretary of State, Mr. Kellogg, on January 27, 1927.56 He said that it was known everywhere that the American Government wished to be helpful to China and had no desire to put any obstacles in the way of China's progress; that we had no selfish economic or political objectives in our China policy; that what we most desire is that the progress reported as being made in China be real progress rather than merely apparent or affirmed as assumed progress; that we are willing to go a little ahead of the facts of accomplishment; but that we cannot consent or assent to the abolition of treaty provisions by unilateral action on China's part. Mr. Hornbeck said that it would seem on the face of the declaration of December 28 and Dr. Wang's explanation of December 30 that the Chinese Government does not contemplate abolition in fact at this time; and he said that Dr. Wang had apparently reiterated that China wished to negotiate. Dr. Wu said that China of course wished to negotiate. Mr. Hornbeck referred again to the fact that this Government has knowledge of the declaration and the statement on the basis of general information and not by virtue of any document addressed to this Government. Dr. Wu affirmed again that the declaration was in the nature of a general proclamation and Dr. Wang's statement was a 5 See telegram No. 28, January 25, 1927, to the Chargé in China, Foreign Relations, 1927, vol. II, p. 350. public statement. (Note: It is observed that the newspaper reports carry the statement that the Chinese Government has instructed its Ministers abroad to communicate these matters to the Government to which they are accredited. Dr. Wu gave no indication that he had received such an instruction.) S[TANLEY] K. H[ORNBECK] 793.003/233: Telegram The Secretary of State to the Chargé in China (Perkins) [Paraphrase] WASHINGTON, December 31, 1929-7 p. m. 439. Reference your 1200, December 29, 2 p. m.; 1204, December 30, 5 p. m.; and 1205, December 30, 6 p. m. (1) The Department does not regard sending of the text of the declaration to Bucknell by Dr. C. T. Wang's personal note as officially notifying the United States Government; and the Chinese Government has not previously formally notified this Government of the intention to issue a declaration. However, the Chinese Government's declaration having been made and published, the existence and contents thereof are noted by the United States Government. The personal note given Bucknell should receive no written acknowledgment." (2) If you are confronted with inquiries, you may discreetly use the information that this Government has not entered into any agreement, nor given any encouragement to the idea, that the United States Government would assent to extraterritoriál rights being abolished by the unilateral action of China. Officers of the Department have, on the contrary, explained on numerous occasions to the Chinese Minister that the United States Government can only by treaty processes surrender its treaty rights and stands on the statement which was made in the concluding paragraph of the American note dated November 1.58 The Department is engaged in discussions with Dr. C. C. Wu looking toward ultimate conclusion of an agreement and anticipates these discussions continuing. STIMSON "In telegram No. 10, January 3, 1930, the Chargé in China quoted a telegram of December 29 from Bucknell saying: "A personal note enclosing translation of mandate was addressed to me informally and privately by Wang in his private capacity and was acknowledged without comment last night in same manner by a private note with personal signature and no title." (793.003/242) 58 See telegram No. 958, November 4, from the Minister in China, p. 616. ABOLITION BY CHINA OF OFFICES OF COMMISSIONERS OF FOREIGN 711.933/135: Telegram AFFAIRS The Minister in China (MacMurray) to the Secretary of State PEIPING, September 10, 1929-5 p.m. [Received September 11-10:15 p. m."] 1. In a note dated August 17th Minister for Foreign Affairs 61 states that he has received an instruction from the National Government that offices of Commissioners of Foreign Affairs at the several ports be abolished at the end of August and that offices of the Provincial Commissioners of Foreign Affairs will be abolished at the end of the year. Notes state that in accordance with the procedure establish [ed] all cases involving foreign intercourse shall thereafter be handled by the Central Government and ordinary affairs such as travel and trade of foreign residents shall be handled by the appropriate local offices. 2. The English translation of the procedure above referred [to] is as follows: "(1) After the abolition of offices of Commissioners for Foreign Affairs, all cases in the several localities involving foreign intercourse shall be handled by the Central Government and local governments shall not be allowed to deal with foreigners directly or to establish any organs similar to offices of Commissioners for Foreign Affairs, in order to avoid confusion and nonuniformity. (2) After the abolition of offices of Commissioners for Foreign Affairs, all matters involving foreigners except those restricted by laws and mandates shall be handled in the same way as Chinese cases. (3) After the abolition of offices of Commissioners for Foreign Affairs, all matters involving foreigners which do not concern foreign relations such as trade, issuance of deeds for the lease of land, travel papers, naturalization, and other affairs concerning the protection and control of foreign residents, shall be handled by the special municipal governments in places where special municipalities are established and the several provinces by the several municipal governments or by Hsien 62 governments where municipal governments have not yet been established. The appropriate special municipal, municipal and Hsien governments, respectively, shall assign these affairs in accordance with their nature to the respective appropriate bureaus and sections under their control for action. (4) After the abolition of the offices of Commissioners for Foreign Affairs in case negotiations arise from the handling by the several special municipal, municipal or Hsien governments of the foreign cases specified in the preceding article, the matter shall be transmitted to the Ministry of Foreign Affairs for action. (5) In case it is deemed necessary, the Ministry of Foreign Affairs may directly command the several special municipal, municipal or Hsien government[s] in the handling of affairs concerning foreigners. (6) After the abolition of the offices of Commissioners for Foreign Affairs at the several ports, all pending appeals in mixed cases shall be temporarily turned over to the offices of special appointed Commissioners for Foreign Affairs for the several appropriate provinces for continuance of action. After the abolition of the offices of special appointed Commissioners for Foreign Affairs all such cases shall be turned over to the proper courts for action. (7) After the abolition of the offices of Commissioners for Foreign Affairs as regards passports for travel abroad, all diplomatic passports shall be issued by the Ministry of Foreign Affairs and ordinary passports shall be issued by the Ministry of Foreign Affairs to the special municipal or Hsien governments in commercial ports for issuance in accordance with regulations, monthly reports still to be submitted to the Ministry of Foreign Affairs for inspection. (8) At the time of the abolition of the offices of Commissioners for Foreign Affairs, the Ministry of Foreign Affairs shall notify the Ministers of the several nations that in future all diplomatic cases shall be handled by the Central Government and that as to foreign cases which do not concern foreign relations, instructions should be issued to consuls at the several localities to order their respective nations [nationals] themselves directly to submit petition to the appropriate organizations for action. (9) After the abolition of the offices of Commissioners for Foreign Affairs, the reemployment of all efficient officers and employees in the service shall be taken under consideration." 3. Following is an exchange of telegrams with regard to this subject between the American companies [Consulate], Nanking, and the Legation, copies of which are being circulated to the American consular offices in China for their personal guidance in the new situation created by this action on the part of the Chinese Government: "August 29, 11 a. m. I have received formal notice from the Commissioner of Foreign Affairs at Chinkiang that his office will be abolished on the last day of August and that all pending protection cases have been handed over to the Ministry of Foreign Affairs for action. I request the Legation's permission to ask the Ministry of Foreign Affairs for detailed information as to the method of handling many protection cases now pending in the Chinkiang district". "September 3, 4 p. m. Your August 29, 11 a. m. The Legation believes that it would be inexpedient for you to inquire as to the method of handling pending protection cases, since the Chinese would be very likely to lay down a detailed procedure which consular officers could not, with a view either to the maintenance of our treaty provisions on the subject or to the obtaining of practical results, fully follow. It is suggested that you adopt a defensive attitude, seeking to protect American interests by dealing if possible with the highest local territorial official and reporting to the Legation the situation as it develops." 4. The action of the Chinese Government as above described appeared about to minimize the authority and prestige of foreign consular officials in China and thereby to impair their effectiveness in protecting the interests of their respective nationals. It would also appear from the text of the "procedure" that the Chinese intend no longer to regard the treaty provisions prescribing the rules of intercourse between foreign consular and Chinese officials. The Legation is therefore apprehensive that numerous difficulties will arise in the application of the new procedure and its instruction to the American company [Consulate], Nanking, was accordingly made in the guarded language quoted in paragraph 3. The Legation requests the Department's approval of the position which the Legation has taken and would be glad to receive an expression of its views on the various phases of the general question involved. MACMURRAY 711.933/135: Telegram The Secretary of State to the Minister in China (MacMurray) WASHINGTON, September 17, 1929—6 p. m. 309. Your 809 of September 10 and 754 of August 24, 11 a. m.63 1. Department approves position taken by Legation in its telegram of September 3, 4 p. m. to the Consul at Nanking. 2. With regard to the general question of abolishment of offices of Commissioners of Foreign Affairs, Department does not feel that any protest to the Chinese Government is called for, as this matter appears to be one of internal administration. The establishment of these offices in 1913 was made a subject of protest by the Diplomatic Body to the Chinese Foreign Office (see Legation's despatch to Department No. 1014 of September 18, 1913 64). 3. The Department suggests that in reply to Wang's note on this matter, you inform him that this Government is prepared to cooperate with the Chinese authorities with a view to bringing the new procedure into operation with a minimum of inconvenience. You should at the same time make full reservation of American rights under the treaties, and inform Wang that this Government expects that the rights of American plaintiffs in appellate cases now pending before the Commissioners of Foreign Affairs will not be in any way preju "Latter not printed. "Not printed. 323423-43—vol. II- -52 |