CHINA NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS

OF EXTRATERRITORIAL Rights in CHINA-Continued

Date and number

Subject

Page

881

882

882

883

884

885

1931 June 21 From the Minister in China (tel.)

Suggestion that some arrangement covering patents and

copyrights be incorporated in the treaty. June 22 To the Consul General at Shanghai (tel.)

For the Minister: Authorization to return to Peiping on

June 26.
June 23 From the Minister in China (tel.)

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

of 1915. June 24 From the Minister in China (tel.)

Comments on the views expressed in the Department's

telegram of June 16.
June 27 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.
June 30 From the Minister in China (tel.)
(379) Information from Lampson that his Government has ap-

proved 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
Further discussions with Weigh on certain paragrapbs of

the draft.
July 6 To the Minister in China
(536) 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
Changes made by Jacobs and Weigh in the light of com-

ments of the Assistant to the Legal Adviser. July 13 To the Minister in China (tel.)

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).
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.

886

887

888

890

(228)" | 7

893 CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS

OF EXTRATERRITORIAL Rights IN CHINA-Continued

Date and number

Subject

Page

908

909

910

910

911

1931
July 17 To the Minisier in China
(550) 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.
July 30 From the Minister in China (tel.)
(471) Inquiry as to whether it would be expedient, by supple-

mentary 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.
Aug. 3 From the Minister in China (tel.)
(486) Suggestion that the clause excluding the area of Greater

Shanghai from the application of the treaty might be danger-
ous, as it might be desirable to have certain provisions applied

in this area; suggestion of a change in wording.
Aug. 10 To the Minister in China (tel.)
(270) 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.
Aug. 31 Memorandum by the Minister in China

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

From the Minister in China (tel.). (569) Inquiry as to the Department's purpose in dropping certain

words which were used in the British draft.
Sept. 10 To the Minister in China (tel.)
(320) 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 taxa-
tion, has revised the paragraph (excerpt printed) regarding

taxation in the Shanghai and Tientsin areas.
Sept. 10 To the Minister in China (tel.)
(321) Explanation of the omission from the Department's draft of

certain words contained in the British draft.
Sept. 17 From the Minister in China (tel.)
(592) 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.
Sept. 18 To the Minister in China (tel.)
(328) Information that the Department has received no comment

911

912

913

914

915

CHINA
NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS

OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

Date and number

Subject

Pago

1931 Sept. 24

(337)

916

916

Oct. 6

(709)

917

Oct. 6 (2297)

917

Oct. 26

(101)

918

Oct. 27

(964)

To the Minister in China (tel.)

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 instruc-
tions to remain in Peiping.
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.
From the Minister in China (tel.)

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.
From the Minister in China (tel.)

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.

Nov. 2

919

920

Dec. 1

(129)

Dec. 15

921

922

Dec. 17

(137)

CHINA NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS

OF EXTRATERRITORIAL RIGHTS IN CHINA-Continued

Date and number

Subject

Page

923

924

924

924

925

1931 Dec. 19 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. Dec. 19 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. Dec. 19 To the Consul General at Nanking (tel.) (139) For the Minister: Request for comments and suggestions in

view of the possibility that the Chinese will implement the

mandate. Dec. 19 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 advis

able to let the matter continue in suspension. Dec. 21 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. Dec. 23 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. Dec. 28 To the British Embassy

Outline of the Department's views on the status of extraterritoriality; 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.
Dec. 29 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.
Dec. 30 From the Minister in China (tel.)
(1152) From Nanking: Issuance of mandate, December 29, by the

Chinese Government postponing the effective date of the
mandate of May 4.

926

927

928

931

CHINA

NEGOTIATIONS FOR RELINQUISHMENT BY THE UNITED STATES AND OTHER POWERS

OF EXTRATERRITORIAL RIGHTS IN CHINA—Continued

Date and number

Subject

Page

1931 Dec. 31 (1158)

931

From the Minister in China (tel.)

From Nanking: Transmittal of the mandate of December
29 (text printed).
To the Minister in China (tel.)

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

Dec. 31

(476)

932

MEASURES TAKEN BY THE UNITED STATES FOR THE PROTECTION OF AMERICAN

LIVES AND PROPERTY IN CHINA

1931 Jan. 19

(373)

933

934

Jan. 20

(32)

934

Jan. 26

(7)

935

Jan. 26

(381)

To the Minister in China

Instructions for consular officers to continue advising Ameri-
can 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, noti-
fication 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 mili-
tary 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.
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 Com-
pany vessel, at Temple Hill.

936

Jan. 31

(49)

936

Feb. 2

(50)

937

Feb. 2

(8)