893.512/447: Telegram
The Minister in China (MacMurray) to the Secretary of State
[Received 6:35 p.m.]
555. 1. In reference to paragraph number 3 Department’s 255, November 1, 1 p.m. American consul general at Canton reported as follows:
“November 6, noon. Your November 3, 4 p.m., paragraph 4.80 Dollar Steamship Company has an average of one ship monthly including Grace Dollar, Stanley Dollar, Hanover and Eelbeck. Steamship Elkridge of the Shipping Board also calls at irregular intervals. In addition Standard Oil Company tugs and lighters under Form 35 certificates frequently call here.
[Paraphrase.] With the possible exception of the Shipping Board, the agents of all these concerns have such fear of giving offense to local labor and political unions that, in my opinion, any protective interference from the Navy or the consulate general in this connection would not be desired by them.” [End paraphrase.]
2. Replying to my inquiry as to present status of visit and search regulations, Mr. Jenkins telegraphed as follows:
“November 13, noon. Your November 9, 3 p.m.80 On November 6th I protested against new taxes in the sense of the Department’s instructions, forwarding a copy to the Legation on November 8th.
- (2)
- I filed protest of visit and search of American vessels using exact wording of your telegram November 3, 4 p.m.
- (3)
- [Paraphrase.] So far search of river steamers flying British flag has been prevented by British Navy but in retaliation these ships are being boycotted by the Chinese. I am told by Brenan that situation is threatening to become very dangerous. [End paraphrase.]
- (4)
- Several Americans 2 days on Chinese vessels on the West River have had their cabins and effects searched by the new inspection officials. In one instance no objection was offered by the American concerned but in another case it is reported Americans [Page 898] objected and showed their passports without avail. This latter case is not yet confirmed however.
- (5)
- [Paraphrase.] The French are prepared, I am informed by French consul general, to prevent visit and search by use of naval forces. [End paraphrase.]
- (6)
- Cantonese have evidently abandoned for the present the intention to search foreign vessels in the harbor at Canton but are doing all they can to enforce new regulations on the West River and elsewhere.
- (7)
- May I respectfully suggest that the Department’s attention be drawn to the fact that Americans are in danger of being searched while travelling on Chinese and other ships and also on railroads.”
[Paraphrase]
3. As to acquiescing in such regulations, I venture to express my dissent from any possible implication that a decision on the matter rests with shipowners. Apart from their particular interests, they are the agents of the mercantile marine in which inheres an essential responsibility as the carrier, above all, of American passengers and goods. To go further than the protests already made by way of attempting to prevent cargoes conveyed under other flags from being illegally inspected may not be advisable or feasible, but in regard to commerce carried on under the American flag it seems to be clear that we cannot well decline to give protection.
4. This does not merely involve the plain treaty rights under which all the foreign commerce with China has been established on the basis that the vessel is controlled by its national authorities, and without which there would be a break-up of the Customs system, which would place foreign commerce wholly in the power of the local authorities’ arbitrary and uncontrolled exactions. The matter involves also those dangerous realities, rooted in sentimental considerations, that make appeal to popular feeling. Except for persons interested financially and those who have official responsibility, no one is likely to be excited about confiscation of mere merchandise, even when it is glaringly illegal. A ship, however, is another matter. Not only is a ship assimilated in many respects to the territory of its flag, in the contemplation of international usages which are generally accepted, but in the minds of Americans there is a feeling, and in the minds of Chinese there is a clear recognition, that an American ship is more than an instrumentality of commerce, that it is a symbol or an embodiment of American interests and jurisdiction and as such, cannot, without giving affront to our flag, be mistreated.
5. Despite the fact that the Cantonese are emboldened about the possibility of ignoring the treaty rights of foreigners, they are evidently (see telegram from Canton, November 13, noon) hesitating to confront this test of criticism from foreign powers. No doubt [Page 899] they would force the issue were they to attempt the test and discover a disposition on our part to yield. “Flag incidents” would be certain to occur sooner or later, leading inevitably to embitterment and at last to armed clashes. The only opportunity we have to prevent such incidents from occurring is, from the outset, to take an unmistakably resolute attitude of opposition to the course of action which would inevitably produce them.
6. I am certain from my contacts recently with the Cantonese group that we are dealing with men experimenting quite intelligently but unscrupulously with the object of determining how far we foreigners, particularly American citizens and nationals, can be driven by the apprehensions we have at present to disregard greater possible dangers in the future. Primarily they devote their very [considerable?] ingenuity to creating situations [causing conflict among?] the various foreigners who are protagonists of capitalism and tempted to yield a principle ordinarily in preference to risking an incident. In case one power yields, the same will have to be done by the others, and in time an end will come to those rights making commerce with China possible. The Cantonese do not see that when once back to conditions prevalent a century past, and complicated and worsened by China’s present internal strife, there will come again a time when Western pressure will force new conflicts and once more begin the old cycle: hostilities over a long period, subjugation, and special conditions for intercourse imposed. The United States may not become in our day—and may not at all, though it is more likely now than in the century past—the active agent to counteract the attitude of exclusiveness and arrogance towards the West which today the Chinese are reviving (dating from the taking of the [factories?] at Canton). But I for one feel we have a responsibility for effort directed toward saving the Chinese from their own folly. Their folly is of a historically characteristic form, whose results [threaten?] more or less directly to involve us in the disaster of indefinitely retarding in China the development of a rational, ordered political and economic entity and of relationships between the Western powers and China that are normal.
7. I hope therefore that regardless of any disposition on the part of shipowners to acquiesce, by way of serving their immediate interests, in regulations which are destructive of our treaty position, the Department will decide to take a further policy of giving to American shipping naval protection from illegal visit and search in China’s territorial waters adjacent to Canton.
8. A reply to this telegram is being awaited before I consult with the commander in chief on this general problem.