diced by the new procedure. You may inform him that this Government expects, also, that under the new procedure its consular officers shall continue to have the right to communicate as occasion may demand on matters concerning their nationals with the highest provincial authorities as contemplated and expressly provided by existing treaties and in accordance with prevailing recognized usage. 4. In as much as this would appear to be a matter of general concern, it is believed that it would be well for you to discuss the question with your interested colleagues. If, after discussion with them, you feel that the Department's position as stated above should be altered, please refer the matter to the Department for further consideration with your comments and suggestions. STIMSON 711.933/145: Telegram The Minister in China (MacMurray) to the Secretary of State PEIPING, October 4, 1929-11 a. m. [Received October 5-7:50 p. m."] 856. Department's 309, September 18 [17], 6 p. m., paragraph 4. As a result of discussions among my interested colleagues, Senior Minister has prepared the following draft which it is proposed that he should forward to the Minister for Foreign Affairs in the name of the diplomatic body: "On behalf of my colleagues I have the honor to acknowledge the receipt of the notes of 17th August last which Your Excellency addressed to the Heads of Legation informing them of a decision that offices of Commissioners for Foreign Affairs at the several ports be abolished at the end of August of this year and offices of the several specially appointed Commissioners for Foreign Affairs at the end of December of this year and in which you further informed them of the enactment of the regulative procedure for the abolition of these offices. I am desired by my colleagues, the Heads of Legations, to inform Your Excellency that this Government [their Governments] are prepared, subject to full reservation of the rights under the treaties, to cooperate with the Chinese authorities with a view to bringing the new procedure into operation with a minimum of inconvenience. Further I am desired to inform Your Excellency that it is expected that the rights of foreign plaintiffs in appellate cases now pending before the Commissioners for Foreign Affairs will not be in any way prejudiced by the new procedure and also that it must remain understood that the foreign consular officers shall continue to have the right at all times to address themselves on behalf of their nationals directly to the local territorial officials and also to the highest provincial authorities whenever occasion for doing so may arise. Finally the Heads of Legation trust that with the abolition of the Commissioners for Foreign Affairs no change is contemplated in the established rule that all documents or communications emanating from the Chinese authorities and destined for the information of foreigners will be transmitted to them through the intermediary of their respective consular officers unless it is a question of documents for which foreigners concerned have applied directly to the Chinese authorities." 2. Department's approval is requested by telegraph. MACMURRAY 711.933/145: Telegram The Secretary of State to the Minister in China (MacMurray) WASHINGTON, October 10, 1929-noon. 328. Your 856, October 4, 11 a. m. 1. The Department approves the substance of the draft note but feels that the language used is at some points unnecessarily peremptory in tone. You are instructed therefore to suggest to your colleagues the following alterations: In the phrase "Further I am desired" omit "Further"; replace "must remain" with "is"; after "arise" add ", in accordance with prevailing recognized usage"; omit "Finally". 2. If these alterations and/or others to the same effect prove acceptable the Department authorizes you to give your approval to the draft. STIMSON 711.933/162: Telegram The Minister in China (MacMurray) to the Secretary of State PEIPING, October 30, 1929-7 p. m. [Received October 30-11:03 a. m.] 938. Department's 328, October 10, noon. Note dated October 28 was forwarded to Minister for Foreign Affairs by Senior Minister. This note embodies the changes suggested in Department's instruction mentioned and omits last paragraph of the draft contained in my 856, October 4, 11 a. m. MACMURRAY 151.096/143: Telegram The Secretary of State to the Minister in China (MacMurray) WASHINGTON, November 12, 1929-6 p. m. 372. Your 809, September 10. Since Commissioners of Foreign Affairs or officials in that capacity so far have been the only officials authorized by the Chinese Government to issue Section Six certificates to Chinese citizens desiring to come to the United States the Department considers it to be advisable that in your discretion you suggest to the Foreign Office that upon the abolition of the offices of the Commissioners of Foreign Affairs other officials be specifically authorized to issue such certificates. In this connection you may point out the inconvenience which would be occasioned to Chinese citizens desiring to come to this country through a failure to authorize officials to issue Section Six certificates. The Department realizes the possibility of a repercussion to such a suggestion in the form of a revival of protests against the Chinese exclusion laws generally and therefore would appreciate being informed if, in your opinion, the present is not an opportune time to take up this matter with the Chinese Government. 151.096/144: Telegram STIMSON The Minister in China (MacMurray) to the Secretary of State PEIPING, November 14, 1929-3 p. m. [Received November 15-9: 05 a. m.] 997. Department's 372, November 12, 6 p. m. Pursuant to suggestion from Gauss, a note along the lines indicated was sent to the Foreign Office October 22; it was tactfully worded and I do not apprehend that it will furnish occasion for repercussion. Copy of note was sent the American Consul under cover of my despatch Number 2412, November 1st.r MACMURRAY 151.096/145: Telegram The Chargé in China (Perkins) to the Secretary of State PEIPING, December 13, 1929-1 p. m. [Received 9:56 p. m.] 1140. Legation's number 997, November 14, 3 p. m. The Minister for Foreign Affairs in a note dated December 3 states that, after the abolition of the offices of Commissioners of Foreign Affairs, Section Six certificates will be issued by the local organizations charged with the issuance of passports in accordance with paragraph 7 of the "procedure" transmitted to the Department in Legation's 809, September 10, 5 p. m. Clarence E. Gauss, Consul General at Tientsin. "Not printed. PERKINS 151.096/145: Telegram The Secretary of State to the Chargé in China (Perkins) WASHINGTON, December 20, 1929-7 p. m. 422. Legation's 1140, December 13, 1 p. m. The Department is of the opinion that Section Six certificates should be accepted only if issued by an official who is known to have specific authority from his government to issue such certificates. Since the words "special municipal or Hsien Governments in commercial ports" seem to be too general and ambiguous the Department desires you to request from the Minister for Foreign Affairs a list of the officials in China authorized to issue Section Six certificates and a list of the places where these officials are stationed. In this last connection reference is made to Legation's despatch No. 39, dated December 17, 1913,68 transmitting list of officials authorized to issue Section Six certificates and Rule 11, Department of Labor's Rules Governing the Admission of Chinese dated October 1, 1926. The Department considers question urgent and desires to be informed by telegraph of authorized officials when list is received from Foreign Office. 711.933/222: Telegram STIMSON The Consul General at Canton (Jenkins) to the Secretary of State CANTON, December 23, 1929-3 p. m. [Received December 23-12:50 p. m.] Referring to my telegrams of December 16, 4 p. m., and December 20, 11 a. m., I have just received formal notice from the Commissioner of Foreign Affairs that his office is to be closed on December 31, after which date all matters formerly handled by him will be under the direction of the "special municipal government of Canton." Unless otherwise instructed, I shall insist upon my right to correspond and deal with the Governor and other high officials as conditions may require. Not to do so would result in serious loss of consular dignity and prestige which, in my opinion, is exactly what the Chinese are endeavoring to accomplish. According to a letter from American missionary in Toishan district, idea appears to be growing among uneducated classes that Chinese Government will take possession of all American property on January 1 and that Americans and other foreigners will then become subject to Chinese courts. Department and Legation informed. Not printed. JENKINS 711.933/222: Telegram The Secretary of State to the Chargé in China (Perkins) WASHINGTON, December 27, 1929–3 p. m. 431. Legation's 938, October 30, 7 p. m., and Canton's December 23, 3 p.m. In regard to all dealings with Chinese authorities subsequent to abolition of offices of Commissioners of Foreign Affairs, Consular officers should be guided by principles enunciated in Diplomatic Body's note of October 28, 1929, to Minister for Foreign Affairs at Nanking, copy of which should be circularized to all consular officers with appropriate instructions. STIMSON 151.096/145: Telegram The Secretary of State to the Chargé in China (Perkins) WASHINGTON, December 30, 1929–5 p. m. 433. Department's 422, December 20, 7 p. m. It would appear from several precis of investigation lately received at Department that certain consular officers are accepting Section Six certificates signed by local officials such as mayors, magistrates, et cetera, although the Department has not been informed that these officials have been authorized by the Chinese Government to issue such certificates. Instruct consuls to decline to visa Section Six certificates unless they are issued by authorized officials whose names are included in the list mentioned in the Department's 422 of December 20, and until list has been approved by Department.70 STIMSON NEGOTIATIONS REGARDING THE PROVISIONAL COURT IN THE INTERNATIONAL SETTLEMENT AT SHANGHAI " 893.05/148: Telegram The Minister in China (MacMurray) to the Secretary of State PEKING, May 18, 1929-3 p. m. [Received May 18-2:30 p. m."] 399. 1. Following note has been received from the Minister for Foreign Affairs dated May 8th, 1929: "With reference to the Mixed Court formerly established in the International Settlement, Shanghai, I have the honor to recall that TO The Chinese Government thereafter authorized duly designated officials to issue Section Six certificates. For previous correspondence concerning the Provisional Court and the former Mixed Court at Shanghai, see Foreign Relations, 1926, vol. 1, pp. 1023 ff. 13 Telegram in five sections. |