File No. No. 763.72112/4382
The Minister in China (
Reinsch) to the
Secretary of State
No. 1565
Peking,
July 13, 1917.
[Received August 14.]
Sir: I have the honor to transmit herewith a
copy of the Legation’s instruction (No. 2550) of today’s date to the
Consulate General at Shanghai. This instruction is in answer to a
despatch reporting that the British Consul General had suggested that,
pending the adoption of enemy trading regulations by the United States
Government, the American Consulate General advise all American shippers
in its consular district that the procedure with respect to trading with
enemy aliens will be as heretofore; that is to say, they would have to
comply with the British enemy trading regulations in shipping cargo on
British or Allied ships. As a matter of fact, the Consulate General has
not definitely or officially recognized the British enemy trading
regulations, and to follow the suggested procedure would seem to do
so.
There is also enclosed copy of despatch (No. 1278) of April 25, 1917,
from the Consulate General at Shanghai, relating to the same
subject.1 It would
seem that the individual status of the firms mentioned in this despatch
is a matter primarily for decision by the Department of Commerce.
I have the honor to request your instructions with respect to the
attitude to be assumed towards British enemy trading restrictions.
I have [etc.]
[Page 437]
The Minister in China (
Reinseh) to
the Consul General at Shanghai (
Sammons)
C. No. 2550
Peking,
July 13, 1917.
Sir: I have to acknowledge the receipt of
your despatch (No. 1376) of the 23d ultimo, and in reply to advise
you, that as the American Congress has not yet enacted an enemy
trading code no laws exist on this matter which are applicable to
American citizens. The Legation and the consulates have no authority
to render applicable to our nationals the legislation of any foreign
power, no matter how friendly. It will therefore be impossible to
comply with the suggestion of the British Consul General.
The following is given you for your personal guidance: As a matter of
practice our interests do pretty closely coincide, nowadays, with
those which the British have embodied in their laws; and most
Americans will, as a matter of personal feeling, conduct their
transactions in a way as little repugnant to British laws as though
actually subject to those laws—and will not be averse to
volunteering, either to their own consular representatives or to
those of an Ally, affidavits establishing that there is no enemy
taint in their various dealings. We have no authority to tell them
that they must do so, or threaten them with the penalties of British
law if they don’t; but it seems to me that it would be no very
complex matter for our consul to intimate to our nationals, as
occasions arose, that as Americans they might without loss of
self-respect volunteer to swear that this transaction was not in the
interests—direct or indirect—of any national of a country at war
with the United States, or with any nation now acting in military
cooperation with the United States.
It is desired that you should give the Legation your opinion on the
feasibility of this provisional procedure.
I am [etc.]
