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CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

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Suggestion that some arrangement covering patents and copyrights be incorporated in the treaty.

June 22

To the Consul General at Shanghai (tel.)

882

For the Minister: Authorization to return to Peiping on
June 26.

June 23

From the Minister in China (tel.)

882

Opinion that the Japanese Government will be unyielding in what it considers its position in Manchuria under the treaties of 1915.

June 24

Comments on the views expressed in the Department's telegram of June 16.

June 27

From the Minister in China (tel.)

Memorandum by Mr. Joseph E. Jacobs of the Division of Far
Eastern Affairs

Information that a new draft has been prepared by Weigh
and Jacobs in which three points remain unfinished: (1)
reserved areas, (2) ratification, and (3) exchange of notes; sug-
gestion that the draft be submitted to the Solicitor for com-
ment and then mailed to the Minister in China.

From the Minister in China (tel.)

884

883

June 30 (379)

885

Information from Lampson that his Government has approved his action in the negotiations except for article 16, on which he is awaiting comment.

July 2

Memorandum by Mr. Joseph E. Jacobs of the Division of Far
Eastern Affairs

886

Further discussions with Weigh on certain paragraphs of the draft.

July 6 (536)

To the Minister in China

887

Transmittal of draft prepared by the Department and the
Chinese Legation, with the article on reserved areas blank.
Advice that instructions in regard to the draft and future
negotiations will follow.

July 8

Memorandum by Mr. Joseph E. Jacobs of the Division of Far
Eastern Affairs

888

Changes made by Jacobs and Weigh in the light of comments of the Assistant to the Legal Adviser.

July 13 (228)

To the Minister in China (tel.)

890

Advice that the Department is mailing to London, for the consideration of the British Foreign Office, a memorandum (excerpt printed) concerning article 16 (reserved areas), together with texts of the draft article and the exchange of notes relating thereto (texts printed).

893

Undated Draft of a Treaty Between China and the United States of

America, Revised as of July 14, 1931

Treaty text, together with declarations and exchanges of notes, tentative and without commitment.

CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

Date and number

1931 July 17 (550)

July 30 (471)

Aug. 3 (486)

Aug. 10 (270)

To the Minister in China

Subject

Transmittal of Department's draft of July 14 and of an additional paragraph (text printed), concerning patents and copyrights, for insertion in the Joint Declaration if the Foreign Minister agrees.

From the Minister in China (tel.)

Inquiry as to whether it would be expedient, by supplementary legislation and treaty, to place Chinese aliens under jurisdiction of Federal courts in personal status matters, thereby permitting the use of the British reciprocal clause.

From the Minister in China (tel.)

Suggestion that the clause excluding the area of Greater Shanghai from the application of the treaty might be dangerous, as it might be desirable to have certain provisions applied in this area; suggestion of a change in wording.

To the Minister in China (tel.)

Department's reasons for not wishing to undertake, by treaty and supplementary legislation, the placing of Chinese aliens under the jurisdiction of Federal courts in personal status matters; transmittal of alternative wording, possibly more acceptable to the Chinese.

Memorandum by the Minister in China

Page

908

909

910

910

Aug. 31

911

Discussion with Lampson of the advisability of introducing a proposal providing that a foreign defendant be permitted to be accompanied by his lawyer in the course of trials before a procurator.

Sept. 4 (569)

From the Minister in China (tel.)

911

Inquiry as to the Department's purpose in dropping certain words which were used in the British draft.

912

Sept. 10 (320)

To the Minister in China (tel.)

Department's position with respect to the clause questioned in the Minister's telegram No. 486, August 3. Information that the Department, with a view to guarding against double taxation, has revised the paragraph (excerpt printed) regarding taxation in the Shanghai and Tientsin areas.

To the Minister in China (tel.)

Sept. 10 (321)

913

Explanation of the omission from the Department's draft of certain words contained in the British draft.

Sept. 17 (592)

From the Minister in China (tel.)

914

Sept. 18 (328)

Receipt, through Peck, of a personal letter from Wang (text printed) requesting the Minister's return to Nanking and the resumption of the negotiations; opinion that there is no reason for not proceeding with the negotiations, although the British hope for delay on the part of the United States.

To the Minister in China (tel.)

Information that the Department has received no comment from the British on its memorandum of July 14 and infers that the British wish to defer commitment, hoping for American delay. Instructions to proceed to Nanking on other matters and await instructions concerning extraterritoriality.

915

CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

Date and number

Subject

Page

1931 Sept. 24 (337)

To the Minister in China (tel.)

916

Instructions to reply to Dr. Wang that this Government had actually instructed the minister to be prepared to go to Nanking, but that recent events have resulted in his instructions to remain in Peiping.

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916

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From the Minister in China (tel.)

Information that the British are not ready to agree to a new proposal regarding Shanghai, but that they believe American negotiations should go ahead with a view to ascertaining the Chinese attitude.

From the Ambassador in Great Britain

Information that Department's memorandum of July 14 was delivered to the British Foreign Office and that a reply, dated October 5, is being forwarded.

To the Consul General at Nanking (tel.)

For the Minister: Advice that a memorandum received from the British Foreign Office, dated October 5, shows a decided preference for the Sino-British draft on reserved areas; Department's opinion that discussion of extraterritoriality with the Chinese might be left in abeyance for the present. Instructions to discuss the British memorandum with Lampson if he has received a copy.

To the Ambassador in Great Britain

U. S. reply (text printed) to the Foreign Office memorandum of October 5, advising that the Department will keep in mind British views on reserved areas.

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Opinion of the British and American Ministers that, if the
Chinese resolve their differences, it would be wise to continue
negotiations with the hope of an agreement by the end of 1931.
Request for instructions as to sounding out the views of a new
Foreign Minister, if one is installed.

To the Consul General at Nanking (tel.)

For the Minister: Instructions to consult informally with the Acting Foreign Minister and to suggest, if advisable, that the Department will authorize resumption of negotiations if he desires, but believes the question should remain in abeyance for the present.

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Dec. 17 (137)

Information that no steps have been taken to implement the Chinese mandate of May 4, and that the political situation is so disturbed as to delay serious discussions on extraterritoriality for some time.

To the Consul General at Nanking (tel.)

For the Minister: Advice that the Department has had certain indications that, although complete preparations for implementing the May 4 mandate have not been effected, steps have been taken which may lead to unfortunate incidents after January 1.

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CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

Date and number

1931 Dec. 19

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Dec. 19

Dec. 19 (139)

Dec. 19

Dec. 21

Dec. 23

Dec. 28

Dec. 29

Dec. 30 (1152)

From the Minister in China (tel.)

Discussion with the Acting Foreign Minister, Dr. Koo, concerning the mandate and the question of resumption of negotiations; opinion of Koo that U. S. readiness to continue negotiations would greatly aid in the handling of the mandate problem.

From the Minister in China (tel.)

Information from Dr. Wu that the Government is going to be preoccupied with reorganization during the next 2 weeks. To the Consul General at Nanking (tel.)

For the Minister: Request for comments and suggestions in view of the possibility that the Chinese will implement the mandate.

To the Chinese Legation

Advice that U. S. Government is prepared to continue extraterritoriality negotiations at any time, but that the moment does not appear opportune and it would seem advisable to let the matter continue in suspension.

From the Minister in China (tel.)

Impossibility of anticipating what action the Chinese may take on the mandate; suggestion that the only course left to United States if Chinese Government attempts to put mandate into effect, is to notify the Government of the unacceptability of the situation and to point out U. S. willingness to continue negotiations.

Memorandum by the Under Secretary of State

Conversation with the British Ambassador, who brought in a memorandum giving the substance of instructions to Lampson and inquired as to the Department's attitude; Under Secretary's assertion that United States would stand firmly on its treaty rights in the event the mandate was put into effect.

To the British Embassy

Outline of the Department's views on the status of extra-
territoriality; opinion that the question of the enforcement of
the mandate of May 4 may arise in some case involving an
extraterritorial foreigner and that in the event of the foreigner's
being an American national, the United States would find it
necessary to lodge a vigorous protest and to stand upon its
treaty rights.

Memorandum by the Chief of the Division of Far Eastern Affairs
of a Conversation With the British Ambassador
Informal suggestion by Hornbeck that the powers most
interested in extraterritoriality arrive at an informal under-
standing enabling them to prepare in advance for simultaneous
and similar action in case the Chinese should attempt juris-
diction over an extraterritorial national by virtue of the
mandate; Ambassador's view that it would be best to confine
the understanding to the British and American Governments.
From the Minister in China (tel.)

From Nanking: Issuance of mandate, December 29, by the
Chinese Government postponing the effective date of the
mandate of May 4.

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924

924

924

925

926

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928

931

CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

Date and number

1931 Dec. 31 (1158)

Subject

Page

From the Minister in China (tel.)

931

From Nanking: Transmittal of the mandate of December 29 (text printed).

Dec. 31 (476)

To the Minister in China (tel.)

932

Outline of points for the Minister's guidance in the event any question or difficulty should arise involving jurisdiction over American nationals.

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

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To the Minister in China

Instructions for consular officers to continue advising American citizens not to travel or reside in unsafe areas; for them to advise Chinese authorities that, while consular officers desire to cooperate in the prevention of untoward incidents, notification to them of the unsafe condition of certain areas does not remove the responsibility placed by existing treaties upon the Chinese Government for the protection of American citizens.

From the Minister in China (tel.)

From Hankow: Information that Rev. Bert N. Nelson (American Missionary kidnaped in 1930) has been removed to Anhwei and that the military authorities have been urged to effect his release; suggestion that the case be brought again to the attention of the Nanking authorities.

From the Consul General at Hankow (tel.)

To the Legation: Report of firing on the U. S. S. Tutuila and the Mei Lu, Standard Oil Company vessel, above Hankow.

To the Minister in China

Authorization to inform the Foreign Ministry that the United States is in sympathy with the Chinese Government's efforts to curtail smuggling and similar malpractices but feels that there should be recorded full reservation of treaty rights for American vessels in Chinese waters; comments on Chinese practices as compared with U. S. Coast Guard procedure.

From the Minister in China (tel.)

To Nanking: Telegram from Hankow (text printed) giving the whereabouts of Nelson and Tvedt (Norwegian missionary) and bandits' demands for medicines and cash for their release; instructions to request the Foreign Ministry to urge the military to press this matter to a conclusion.

From the Minister in China (tel.)

To Nanking: Communication from Hankow (text printed) advising that Mayor Liu Wen-tao promised to attempt to effect Nelson's release through Chiang Kai-shek.

2

From the Consul General at Hankow (tel.)

To the Legation: Report of firing upon the U. S. gunboat Panay and the S. S. Ichang, Yangtze Rapid Steamship Company vessel, at Temple Hill.

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