Papers relating to the foreign relations of the United States, 1929, Volume II

793.003/92

The Department of State to the Japanese Embassy

Aide Mémoire

The Government of the United States appreciates the spirit of friendly cooperation manifested by the Japanese Government in replying frankly through its Ambassador³³ to the request of the Secretary of State for an expression of its views with regard to the question of the revision of treaties with China.

The Japanese Ambassador, having presented the views of his Government, has requested an expression of the views of this Government. In response to this request, and in a spirit of reciprocity, the Secretary of State is happy to give expression to the views of the American Government.

The American Government is gratified to note that the Japanese Government in its negotiations with the National Government is animated by the spirit which characterized the cooperative efforts of the Powers at the Washington Conference,³⁴ at the Tariff Conference at Peking,³⁵ and in the work of the Extraterritoriality Commission,³⁶ to be of assistance toward the attainment by China of her national aspirations. The American Government wishes to assure the Japanese Government that the same spirit animates its own attitude.

The American Government is impressed with the desirability of concerted effort by the Powers in reference to constructive measures of common interest, among the more important of which is that of devising a practicable and just method for the relinquishment by the Powers of rights of extraterritorial jurisdiction in China.

The position of the American Government on the question of the relinquishment of extraterritorial jurisdiction in China was indicated as early as the year 1903, when in a treaty negotiated at Shanghai it agreed to provisions envisaging assistance to China in the reform of her judicial system and the eventual relinquishment of extraterritorial rights. These provisions, contained in Article XV of the Treaty,³⁷ were substantially the same as the provisions of Article XI of the treaty concluded by Japan with China in the same year.³⁸ It will be remembered that these two treaties were signed on the same day. Similar provisions were contained in the British-Chinese treaty of the preceding year.³⁹

The sincere desire of the United States to further the aspirations of the Chinese people was evidenced by the efforts made by this Government in connection with the Washington Conference and, after the conclusion of that Conference, toward the putting into effect by the Powers of the measures provided for in the Resolution of Extraterritoriality.⁴⁰ When the treaties resulting from that Conference finally went into effect in August, 1925, after their ratification by the last of the signatory Powers, this Government took occasion to urge upon the Powers the appointment of the Commission to investigate extraterritoriality, with the understanding that the Commission should be authorized to include in its report recommendations for the gradual relinquishment of extraterritorial rights. When the Commission met, in China, the American commissioner took a leading part in the carrying on of its investigations and in the preparation of its report.⁴¹

Two years ago, in his statement made public on January 27, 1927, the Secretary of State declared⁴² that the United States was prepared to put into force at once those of the recommendations of the Extraterritoriality Commission which could be put into force without a treaty and to negotiate concerning the relinquishment of extraterritorial rights as soon as China was prepared to provide protection by law and through her courts to American citizens, their rights and their property.

It is noted that the Japanese Government favors entering into discussions with China on the basis of the recommendations of the Commission on Extraterritoriality. The American Government for its part is convinced that the report of that Commission provides material which might be made a basis for discussions with China with a view to establishing a definite, practical and equitable plan for the relinquishment of extraterritorial rights. Conditions in China now appear to afford opportunity to open such discussions, as it appears that the National Government is gradually extending and consolidating its authority.

The American Government observes that the Extraterritoriality Commission made certain recommendations for action by the Powers, certain recommendations for action by China, and certain recommendations for action by China and the Powers. The American Government feels that, China now being united under one central authority, the Powers may reasonably look for evidences of effective effort by China to achieve reforms recommended by the Commission, and that, pari passu with progress on China’s part toward those objectives, the Powers should seek to come to an agreement or agreements with China which will provide a satisfactory program for progressive relinquishment and ultimately complete abolition of extraterritorial rights.

It is the opinion of the American Government that frank conversations between representatives of the other Powers and representatives of China in regard to this question would serve to bring clearly to the attention of all concerned the importance attached by the other Powers to the carrying out by China of the juridical and administrative reforms which must of necessity accompany any steps taken toward abolishing extraterritoriality in order that there may be assurance of adequate protection for the lives and property of foreign nationals in China.

With regard to means of achieving action in this connection, this Government, while reserving the right to discuss the subject with the Chinese Government apart and recognizing the right of any other government to do likewise, would be glad to have its representatives hold informal conversations with representatives of the Japanese Government and those of other governments, with a view to ensuring thorough and sympathetic consideration of the many factors involved and the various possible courses of action which may be suggested.

In dealing with this and other questions wherein its interests and those of other Powers are involved, the American Government wishes at no time to be unmindful of the principles upon which the treaties and resolutions of the Washington Conference of 1922 were based, and likewise to have always in mind the objectives which were therein envisaged.

This Government has always viewed with satisfaction the declaration of the Powers party to the Treaty Relating to Principles and Policies Concerning China⁴³ that it is their desire “to adopt a policy designed to stabilize conditions in the Far East, to safeguard the rights and interests of China, and to promote intercourse between China and the other Powers on the basis of equality of opportunity”. It has viewed with satisfaction the agreement, in that treaty, of the Powers other than China to respect the sovereignty, the independence, and the territorial and administrative integrity of China; to provide the fullest and most unembarrassed opportunity to China to develop and maintain for herself an effective and stable government; to use their influence for the purpose of effectually establishing and maintaining the principle of equal opportunity for the commerce and industry of all nations throughout the territory of China; to refrain from taking advantage of conditions in China in order to seek special rights or privileges which would abridge the rights of subjects or citizens of friendly states and to refrain from countenancing action inimical to the security of such states. It has viewed with satisfaction the agreement that, in certain situations “there shall be full and frank communication between the Contracting Powers concerned”. It has viewed with satisfaction the resolution⁴⁴ in which the Powers declare it “desirable that there should hereafter be full publicity with respect to all matters affecting the political and other international obligations of China and of the several Powers in relation to China”, together with the agreement therein that such publicity shall be given. It has viewed with satisfaction the resolution in which the Powers other than China declare themselves sympathetically disposed towards furthering the aspirations to which the Chinese delegation had given expression on the subject of the abolition of extraterritorial jurisdiction.

The provisions of those treaties and resolutions clearly indicate that the Powers, including China, were convinced of the desirability of cooperative effort for certain purposes. There is, it should be noted, no provision in any of the agreements which requires that in all particulars and at all times each of the Powers shall refrain from independent action or that in every situation there shall be international consultation. Nevertheless, in the opinion of the American Government, where interests common to all or to several Powers are involved, it is desirable that each of the Powers be solicitous not alone with regard to its own interests but also with regard to the interests of the others. In relation to certain situations it has been agreed that there shall be consultation. In relation both to these and to other matters, frequent and frank consultation may well be regarded as in order. Wherever cooperative or concurrent action may be expected usefully to serve a legitimate purpose, it would seem that due consideration should be given to that possibility. In accordance with this conception, when new situations arise and new problems are presented, no Power should hesitate to make or be unwilling to receive suggestions. When, however, there is proposed some new form of joint action not envisaged in the agreements, each Power, though ready to give the proposal consideration, must be free to make its own decision. And in situations where cooperative or concurrent action has not been agreed upon or has been attempted but has failed, each Power must have the right, limited only by the spirit and the letter of its outstanding commitments, to act independently.

These considerations have determined the course pursued by this Government with reference to the question of the Chinese customs tariff during the seven years since the Washington Conference, a course marked finally by the conclusion of a new treaty for the regulation of tariff relations between the United States and China.⁴⁵

With regard to the question of tariff relations it is the established policy of the United States neither to accord nor to ask for special privileges, and, consistently with that policy, the American Government, in concluding the treaty of July 25, 1928, neither sought from China nor was accorded by China any special concessions. The treaty calls simply for reciprocal non-discriminatory treatment in all that relates to the matters dealt with therein.

With regard to the question of navigation of inland waters and coasting or coastwise trade, the Government of the United States perceives no objection to the conclusion of new agreements with China, but, in the absence of information with regard to the details of a proposed reciprocal agreement, this Government is not in position to express its opinion with regard specifically to that proposal.

With regard to treatment to be accorded by the National Government of China in fulfilling China’s commitments to foreign governments and obligations to nationals of foreign countries, the Government of the United States, believing that the National Government desires to conform its practices to the best standards of international practice, hopes that the National Government’s acts will demonstrate that such is its intention.

The fundamental principles of American policy toward China have been repeatedly and consistently declared: in brief, the American Government seeks only that its citizens be given equal opportunity with the citizens of other Powers safely to reside in China and peacefully to pursue there their legitimate occupations, without special privileges, monopolies, or spheres of special interest or influence. At present this Government waits hopefully and with good will for the Chinese to achieve within China a condition of political stability and administrative effectiveness which will warrant and make possible a complete and satisfactory readjustment of the agreements which regulate intercourse between China and the foreign Powers.

Washington , February 19, 1929.

33. See aide-mémoire from the Japanese Embassy, December 29, 1928, Foreign Relations, 1928, vol. ii, p. 445.
34. November 12, 1921–Febrnary 6, 1922, ibid., 1922, vol. i, pp. 1 ff.
35. Beginning October 26, 1925, ibid., 1925, vol. i, pp. 833 ff., and ibid., 1926, vol. i, pp. 743 ff.
36. January 12–September 16, 1926, ibid., 1925, vol. i, pp. 886 ff., and ibid., 1926, vol. i, pp. 966 ff.
37. Commercial treaty of October 8, 1903, Foreign Relations, 1903, pp. 91, 98.
38. Signed at Shanghai, October 8, 1903, British and Foreign State Papers, vol. xcvi, pp. 578, 582.
39. Signed at Shanghai, September 5, 1902, ibid., vol. xcv (art. xii), pp. 39, 49.
40. Foreign Relations, 1922, vol. i, p. 289.
41. Department of State, Report of the Commission on Extraterritoriality in China, Peking, September 16, 1926 (Washington, Government Printing Office, 1926).
42. See quotation in telegram No. 28, January 25, 1927, to the Chargé in China; Foreign Relations, 1927, vol. i, p. 350.
43. Signed February 6. 1922, Foreign Relations, 1922, vol. i, p. 276.
44. No. XI, ibid., p. 296.
45. Signed at Peking, July 25, 1928, ibid., 1928, vol. ii, p. 475.