793.003/217
Memorandum by the Counselor of Legation in China (Perkins) of a Meeting at the American Legation, November 8, 192912
- Present: American, British, Japanese, and Netherlands Ministers; Mr. Lépice for the French Minister, and Mr. Perkins.
The British Minister acquainted those present with certain instructions which he had received from his Government for his general guidance in any negotiations which he might undertake with a view to the gradual relinquishment of extraterritoriality. The principal feature of these instructions was the strong preference of the British Government for relinquishment by categories of jurisdiction rather than by the geographical method. The British plan contemplated relinquishment by three steps: first, civil; second, criminal; third, present [personal?] status. It also contemplated that, in the Chinese courts in the principal cities, there should be appointed foreign co-judges who would be the servants of the Chinese Government.
The British Minister invited discussion of the instructions. Mr. Lépice stated that the French were opposed to geographical relinquishment [Page 618] of extraterritoriality, particularly in view of the fact that, in the provinces of Shansi and Yunnan, there were two railways in which French capital was largely invested. He suggested that, as a first step, it might be possible to adopt Chinese codes for application in the consular courts. The others present were all in agreement that such a suggestion would not at this time be acceptable to the Chinese.
Mr. MacMurray said that he could give merely his own personal view, which was a preference for relinquishment geographically. He read a memorandum setting forth his views in detail.13 Mr. Oudendijk agreed with the views of Mr. MacMurray. Mr. Saburi said that he had not as yet made up his mind on this question, but, if pressed for an expression of views, he would say at the moment he slightly favored geographical relinquishment.
There was complete agreement with regard to the necessity of requiring foreign co-judges. There was also substantial unanimity of opinion with regard to the various other minor items contained in the British instructions. The British Minister said that it was the intention of his Government to submit these instructions to the several foreign offices of the interested Governments and suggested that it would be helpful if each of the Ministers would report his own views thereon to his Government. The others expressed their willingness to do this.