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CHINA

MEASURES TAKEN BY THE UNITED STATES FOR THE PROTECTION OF AMERICAN LIVES AND PROPERTY IN CHINA-Continued

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number

Subject

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1929 Dec. 10 (1119)

Dec. 11

Dec. 12 (1130)

From the Chargé in China (tel.)

From Shanghai, December 9: Decision of Consul General to reply to inquiries by stating that conditions throughout China are unsettled and that, while he knows of no concrete instance that would justify advising withdrawal from Soochow and Wusih to Shanghai, he dislikes to accept the responsibility of being the authority for the retaining at those places of women and children.

To the British Ambassador

Information, in response to inquiry regarding measures contemplated or taken for the protection of American nationals in China, that it is U. S. policy to evacuate citizens from places of danger to places where they may be adequately protected and that no steps have been taken to add materially to the armed forces in China; memorandum showing distribution of U. S. land and naval forces in China (text printed).

From the Chargé in China (tel.)

From Nanking, December 11: Intention of evacuating Consulate and withdrawing all Americans in the event of an emergency.

To Nanking: Approval of plan; repetition to Department of Consul's telegram and Legation's reply, and information to the commander in chief.

(Footnote: Approval by Department in telegram No. 412 of December 12, of plan for evacuation of Consulate and withdrawal of Americans.)

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497

Dec. 13

From the Consul General at Canton (tel.)

498

Absence of intimation of reopening of navigation on West River; departure of British gunboat for Wuchow with food for foreigners.

498

Dec. 14 (1147)

Dec. 14

From the Chargé in China (tel.)

From Shanghai, December 11: Desire for approval of communication from the Consulate General to the senior American naval officer at Shanghai (text printed) suggesting that a naval vessel be anchored in front of the Shanghai Power Co. as a precautionary measure, particularly since the passing of that company to American ownership transfers the responsibility of protecting the light and power from an international to a singlepower responsibility.

From Shanghai, December 12: Observation that proposed berthing would not be unusual, as warships have frequently anchored there even during normal times.

Information that the commander in chief is being advised and that the Chargé concurs in the views of the Consul General. Memorandum by the Assistant Secretary of State

Conversation with the Japanese Ambassador concerning British inquiries to both the U. S. and Japanese Governments as to measures contemplated for the protection of nationals in the present crisis in China.

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CHINA

MEASURES TAKEN BY THE UNITED STATES FOR THE PROTECTION OF AMERICAN LIVES AND PROPERTY IN CHINA-Continued

Date and

number

Subject

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1929 Dec. 18 (419)

Dec. 19

To the Chargé in China (tel.)

Information that Department does not disapprove the suggestion that an American naval vessel be anchored near the Shanghai Power Co., but believes that the duty of protecting this plant, along with other properties within the Settlement, rests first and primarily upon the Administration of the Settlement.

From the Consul General at Canton (tel.)

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500

Occupation of Wuchow by Cantonese forces and reopening of
West River to traffic.

Dec. 23 (1181)

Dec. 27 (L-890)

Dec. 30 (434)

Dec. 30 (L-891)

From the Chargé in China (tel.)

The Charge's interpretation of the meaning of the comments contained in telegram of December 11 from the Consul General at Shanghai.

Telegram from the commander in chief (text printed), stating that he informed the Consul General that it would be inadvisable to establish a precedent that the Navy was primarily responsible for protection of public works as such, and is of opinion that the matter is broader than the question of protection of American property.

Comments by the Charge and opinion that nature of action should depend upon character of the emergency; inquiry whether to repeat Department's telegram No. 419, December 18, to Shanghai.

From the Consul General at Hankow to the Chargé in China

Information that the Consul General has protested to the local Commissioner of Foreign Affairs against bandit attack on Standard Oil Co. vessel Mei Yun, and against the firing upon the Chi Ping and I Ping as reported in telegram from the Guam, December 19 (text printed), and that no reply has been received to either protest.

To the Chargé in China (tel.)

Instructions to repeat Department's telegram No. 419 of
December 18 to Shanghai, adding that Department concurs
in the view of the commander in chief that the matter is
broader than question of protection of American property.
(Footnote: Information that the Department's views were
further stated in telegrams of January 29 and February 5,
1930.)

From the Consul General at Hankow to the Chargé in China

Transmittal of letter from Bishop O'Shea in which he charges that the National Government has done little in south Kiangsi to justify its declarations to protect foreign lives and property, requests that the Government be informed that his mission will make claim for damages to its property, and further requests that the Government be urged to send reinforcements to south Kiangsi.

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1929 Apr. 27 (34)

Apr. 29 (35)

Apr. 30 (330)

May 3 (37)

From the Consul General at Hankow (tel.)

To Peking: Information that Fathers Walter Coveyou,
Clement Seybold, and Godfrey Holbein, American citizens,
were murdered by bandits at Chenki, Hunan, on April 24, and
that matter has been taken up with Chinese authorities.
From the Consul General at Hankow (tel.)

To Peking: Understanding that the mission at Chenki has
recovered bodies of the three missionaries; advice that Consul
General has requested Ho Chien, Chairman of the Hunan
Provincial Government, to apprehend and punish the bandits.
From the Minister in China (tel.)

Repetition to Nanking of Hankow's telegrams of April 27
and 29 with instructions (text printed), to request Foreign
Minister to issue appropriate instructions to Chinese
authorities.

From the Consul General at Hankow (tel.)

Details of the murder of the three missionaries and arrangements for their burial; request that head of the religious organization be notified.

(Repeated to Peking.

Footnote: Information from the Minister, in telegram No. 350, May 4, that telegram was repeated to Nanking with instructions to make immediate representations to Foreign Ministry, and that Hankow Consulate General is to renew representations to Ho Chien.)

From Hankow, May 11: Report from Ho Chien that two bandits have been arrested and that the search is being continued for the remainder.

May 13 (379)

From the Minister in China (tel.)

May 19 (402)

July 19

Aug. 12 (1320)

Aug. 16 (835)

From the Minister in China (tel.)

From Hankow, May 18: Execution of five persons implicated in the murder, retention of suspects, and continuation of search for other guilty parties.

(Footnote: Repetition to the Department by the Minister,
in telegram No. 468 of June 12, of telegram from Hankow,
June 10, reporting that Chen Tsu-ming, leader of bandit gang,
has been killed by soldiers sent to exterminate the gang.)

From the Consul General at Hankow to the Chinese Commissioner
of Foreign Affairs for Hunan

Receipt of information that Chen Tsu-ming has been
neither executed nor apprehended and that none of the guilty
bandits has been executed; request that the case be given
further attention and that all the criminals implicated be
brought to justice.

To the Minister in China

Opinion that facts now in the Department's possession
would not seem to warrant a demand for exemplary damages.
From the American Minister in China to the Chinese Minister
for Foreign Affairs

Transmittal of copy of letter from the American Consul
General at Hankow to the Commissioner of Foreign Affairs for
Hunan, July 19, with request that steps be taken to insure that
the murderers are apprehended and punished.

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CHINA

Murder of THREE AMERICAN CATHOLIC MISSIONARIES BY CHINESE

BANDITS-Continued

Date and

number

1929 Sept. 13 (L-828)

Oct. 17 (L-854)

Nov. 30 (932)

Subject

From the Consul General at Hankow to the Minister in China
Information that a reply has been received from the Com-
missioner of Foreign Affairs for Hunan, September 5, which
states that Chen Tsu-ming, a bandit leader, was executed
although it does not state that he was implicated in the
murder, and also advises that suspects Chang Liu Lao Ko and
Yang Ta-fong will be tried for the crime.

From the Consul General at Hankow to the Minister in China

Understanding that Chen Tsu-ming and Mao Chi-ying are
still at large; receipt of communication from Commissioner of
Foreign Affairs at Changsha stating that Chang Liu Lao Ko
has been executed; instructions to Consul at Changsha to urge
Ho Chien to renew efforts to capture Chen Tsu-ming and Mao
Chi-ying.

From the American Chargé in China to the Chinese Minister
for Foreign Affairs

Request that stringent orders be issued to Ho Chien to
apprehend and punish Chen Tsu-ming and Mao Lien-ch'ang
as well as others of the murderers still at large.

(Footnote: Receipt by the Department in May 1930 of reports that Chen Tsu-ming was alive and continuing bandit activities; report in April 1931 that he had been received into the Chinese Army.

Page

DUAL NATIONALITY OF UNITED STATES CITIZENS OF CHINESE DESCENT

1929 May 17 (6178)

July 16 (576)

July 30 (652)

From the Consul General at Shanghai

Request for instructions as to further course of action to be followed regarding the case of W. Y. Char, an American citizen of Chinese race, upon whom the Provisional Court imposed a three months' sentence, and who was released by police authorities of the International Settlement at request of the Legation.

From the Minister in China (tel.)

From Shanghai, July 12: Information that Mr. Char was arrested in the Chinese-administered area and the Chinese authorities refused to release him, apparently intending to compel him to serve the three months' sentence; request that Department be informed and/or protest filed with Foreign Minister.

From Shanghai, July 15: Suggestion that Foreign Minister be requested to instruct Chinese authorities at Shanghai to release Mr. Char on security, pending settlement of his citizenship status.

Request for telegraphic instructions.

From the Minister in China (tel.)

From Shanghai, July 29: Recommendation for early action on the Char matter in view of the important principle involved.

Request for instructions.

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CHINA

DUAL NATIONALITY OF UNITED STATES CITIZENS OF CHINESE DESCENT-Con.

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To the Minister in China (tel.)

Opinion that facts in the case, while not legally sufficient to effect Mr. Char's expatriation, warrant and justify U. S. Government's refusal to intervene in his behalf as an American citizen; instructions that the Legation and Consulate General should take no action to effect Mr. Char's release from custody of Chinese authorities; nonobjection, however, to participation of the Consul General in possible protest by consular body on the ground of alleged violation of the Mixed Court Rendition Agreement.

From the Minister in China (tel.)

From Shanghai, September 12: Intention of informing Com-
missioner of Foreign Affairs that the U. S. Government con-
siders Mr. Char to be a citizen of both China and the United
States, but that, on account of his past conduct in emphasizing
his Chinese citizenship, it will make no further request for his
release.

Information that the Minister replied, approving this view.
From the Minister in China (tel.)

From Shanghai: Advice that Fong Koon Look, an Ameri-
can-born Chinese, has been sued in the Chinese district court
and that judgment by default will be entered against him if he
fails to appear; information that protest has been lodged with
Commissioner of Foreign Affairs.

Information that the case of Dr. T. C. Lieu in Shanghai is somewhat similar to the Char case but different in that Dr. Lieu has never identified himself with the Chinese Government or emphasized his Chinese citizenship.

Request for instructions.

To the Minister in China (tel.)

Instructions to accord Mr. Fong and Dr. Lieu the protection prescribed by extraterritoriality provisions, if it is true that they were born on American soil, are registered at the Shanghai Consulate General as American citizens, and have done nothing to emphasize their Chinese citizenship.

From the Consul General at Shanghai to the Minister in China

Information that Chinese authorities contend that Mr. Fong is a Chinese citizen because he has failed to secure a denaturalization certificate; observation that he cannot secure a denaturalization certificate so long as he is the defendant in a civil suit and has a judgment outstanding against him. Opinion that agreement should be reached with the Foreign Ministry in regard to the status of persons of dual nationality. Suggestion that all persons now registered at consulates or who register in the future might be advised to secure denaturalization certificates.

To the Chargé in China

Instructions to inform consular officers not to encourage American citizens of Chinese race to apply for denaturalization certificates but merely, if it becomes advisable to discuss the subject, to invite their attention to the applicable provisions of the Nationality Law.

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