893.512/428: Telegram

The Secretary of State to the Chargé in China (Mayer)

[Paraphrase]

255. Your telegrams numbers 516 of October 28, 3 p.m., and 518 of October 28, 8 p.m., and your numbers 519 of October 29, 11 a.m., and 520 of October 29, 4 p.m.

Wording of proposed joint protest as given in your number 520, October 29, 4 p.m., is approved. If this formula is not accepted by other Legations you should file the protest alone at Peking and at Canton (through consulate general) without more delay, as the Department authorized in its 217 of October 5, 7 p.m., so that we may be free to give consideration to what steps may further be necessary.

A statement should be included by the consulate general at Canton in its protest that this Government cannot consent to have vessels of United States registry entering Chinese waters visited and searched by any officers except those who are acting in fulfillment of the provisions set forth in treaties made between China and the United States. Consult treaty of 1858, articles 18 and 20.79

In connection with this the Department requests you to report the names of the American vessels, with owners and frequency of trips made each quarter or year, calling at Canton and Whampoa and also inform commander in chief of the Asiatic Fleet of the United States. Consult with latter for purpose of making any arrangements which bona fide American-owned shipping desires in order to give them protection against promiscuous visit and search except by representatives of the Chinese Maritime Customs who are duly accredited.

[Page 896]

Referring to your number 516, October 28, 3 p.m., the protest which the Department in its number 249 of October 27, 3 p.m., authorized to be made against the regulations for passenger examination need not refer to the specific question of passports. But citizens of the United States who travel in China should not be allowed to lose sight of the fact that while they are in China, they are required under treaties between China and the Powers to possess valid passports which should be presented by them upon demand of local authorities.

Kellogg
  1. Malloy, Treaties, 1776–1909, vol. i, pp. 211, 217, 218.