List of Papers

[Unless otherwise specified, the correspondence is from or to officials in the Department of State.]

BELGIUM

Treaties of Arbitration and Conciliation Between the United States and Belgium, Signed March 20, 1929

Date and number Subject Page
1928 Mar. 26 To the Belgian Ambassador
Transmittal of draft texts of treaties of arbitration and conciliation which the United States would be pleased to conclude with Belgium.
1
June 6 From the Belgian Ambassador
Information that the Belgian Government accepts the draft texts as affording ground for discussion but deems it expedient to suggest a few changes.
2
1929 Jan. 29 From the Belgian Ambassador
Request to be informed of the present state of the negotiations.
3
Mar. 8 To the Belgian Ambassador
Views on changes suggested by the Belgian Government; transmittal of revised draft texts.
4
Mar. 20 Treaty Between the United States of America and Belgium
Of arbitration.
7
Mar. 20 Treaty Between the United States of America and Belgium
Of conciliation.
9

Agreement for the Erection of Certain Memorials in Belgium by the American Battle Monuments Commission, Signed October 4, 1929

Date and number Subject Page
1929 Feb. 13 (191) To the Ambassador in Belgium
Instructions to extend all possible assistance to representatives of the American Battle Monuments Commission in order to facilitate their work.
11
July 8 (467) From the Chargé in Belgium
Advice that agreement has been reached on the text of a proposed convention between the U. S. and Belgian Governments for the acquisition of sites for monuments; transmittal of text.
11
Aug. 19 (55) To the Ambassador in Belgium (tel.)
Information that proposed text is satisfactory to the American Battle Monuments Commission, who authorize Gen. John J. Pershing to sign on behalf of U. S. Government.
12
Oct. 4 Agreement Between the United States of America and Belgium
Covering the erection by the American Battle Monuments Commission of certain memorials in Belgium.
12
[Page VIII]

BULGARIA

Treaties of Arbitration and Conciliation Between the United States and Bulgaria, Signed January 21, 1929

Date and number Subject Page
1927 Feb. 2 (960) From the Minister in Bulgaria
Report that Bulgaria is showing renewed interest in concluding an arbitration treaty with the United States.
16
1928 Mar. 23 (4) To the Minister in Bulgaria (tel.)
Information that the Department has informed the Bulgarian Minister of its readiness to conclude treaties of arbitration and conciliation with Bulgaria.
17
Apr. 20 (7) To the Minister in Bulgaria (tel.)
Advice that draft texts of the treaties have been handed to the Bulgarian Minister.
17
Sept. 15 (271) To the Minister in Bulgaria
Instructions to try to expedite the consideration of the proposed treaties by the Bulgarian Government.
18
Nov. 22 (30) From the Chargé in Bulgaria (tel.)
Information that the Bulgarian Legation in Washington has been instructed to sign the proposed treaties without modification.
18
1929 Jan. 21 Treaty Between the United States of America and Bulgaria
Of arbitration.
19
Jan. 21 Treaty Between the United States of America and Bulgaria
Of conciliation.
20

CANADA

Agreement Between the United States and Canada To Submit the Case of the “I’m Alone” to Arbitration

Date and number Subject Page
1929 Mar. 28 To the Canadian Minister
Information concerning the sinking of the Canadian vessel I’m Alone by the U. S. Coast Guard on March 22.
23
Apr. 9 (52) From the Canadian Minister
Opinion that the pursuit and sinking of the I’m Alone were unauthorized either by the terms of the liquor smuggling convention of January 23, 1924, or by the rules of international law; also, that the extreme measures taken constitute grounds for redress.
24
Apr. 17 To the Canadian Minister
Further facts and arguments in support of contention that the U. S. authorities were justified in their pursuit of the I’m Alone, that their sinking of the vessel was inevitable, and that they acted throughout in full accord with the law; willingness, however, if the Canadian Government is still unable to concur in these views, to submit the matter to arbitration under the convention of January 23, 1924.
32
Apr. 24 (67) From the Canadian Minister
Expression of regret that the U. S. and Canadian Governments have been unable to reach similar conclusions as to the facts in the case and the applicable principles of law; acceptance of proposal to submit matter to arbitration.
43
[Page IX]

Commercial Smuggling Across the International Border Between the United States and Canada

Date and number Subject Page
1929 May 15 Press Release Issued by the Department of State
Summary of correspondence from October 1, 1925, to April 20, 1929, between the U. S. and Canadian Governments on the subject of commercial smuggling across the international border.
48

Unperfected Convention Between the United States and Canada for the Protection of the Fraser River Sockeye Salmon Fisheries

Date and number Subject Page
1929 Jan. 2 (2) From the Canadian Minister
Submittal of draft treaty for the protection of the Fraser River sockeye salmon fisheries; request to be informed whether the U. S. Government is prepared to accept the draft and proceed to signature.
(Footnote: Information that on March 21 the Secretary of State transmitted a revised draft to the Canadian Minister, who in turn transmitted to the Secretary on March 25 an amended revised draft which proved acceptable.)
55
Mar 27 Convention Between the United States of America and Canada
For the protection, preservation, and extension of the sockeye salmon fisheries in the Fraser River system.
(Footnote: Information that the convention was not ratified; it was ordered by the Senate, December 13, 1929, to be returned to the President.)
55
1930 Jan. 4 To the Canadian Minister
Notification that the convention has been withdrawn from the Senate for further consideration by the Executive authorities and that the U. S. Government will probably soon submit a substitute convention.
60

Proposed Convention To Replace the Halibut Fishery Convention of March 2, 1923, Between the United States and Great Britain

Date and number Subject Page
1929 May 6 (80) From the Canadian Minister
Interest of the Canadian Government in concluding a treaty to make effective the recommendations of the International Fisheries Commission for the preservation of the Northern Pacific halibut fishery.
60
May 29 (548) To the Minister in Canada
Readiness of the U. S. Government to conclude a new halibut fishery convention; instructions to submit to the Canadian Government a draft of the proposed convention (text printed).
61
Oct. 7 (1159) From the Minister in Canada
Amended draft of the proposed convention (extract printed) presented by the Canadian Government with an expression of its willingness to conclude such a convention at an early date.
66
[Page X]

Establishment of a Commission To Investigate the Fisheries Problem in Missisquoi Bay

Date and number Subject Page
1929 Mar. 13 (476) To the Chargé in Canada
Instructions to take up again with the Canadian Government the question of appointing a joint fact-finding commission to investigate and make recommendations concerning seine fishing in the Missisquoi Bay section.
69
Mar. 19 (906) From the Chargé in Canada
Information that the Canadian Minister at Washington has been instructed to ascertain whether the U. S. Government is prepared to participate in a conference on outstanding fisheries problems; inquiry whether the Department still desires that the Missisquoi Bay question be taken up separately.
70
Mar. 29 (493) To the Minister in Canada
Opinion that pending fisheries questions can best be solved by taking up each question separately; instructions to proceed with communication to Canadian Government.
71
Apr. 4 (923) From the Minister in Canada
Advice that note has been delivered as directed, and that the Secretary of State for External Affairs appeared to be sympathetic with the U. S. point of view.
72
Apr. 23 (959) From the Minister in Canada
Note No. 38, April 22, from the Secretary of State for External Affairs (text printed), accepting the proposal for appointment of a fact-finding commission and suggesting two additional points for consideration of the commission.
72
June 19 (561) To the Minister in Canada
Instructions to inform the Canadian Government that the U. S. Government agrees to the broadened scope of the investigation and is prepared to designate Dr. John Van Oosten of the U. S. Bureau of Fisheries as the U. S. representative.
(Footnote: Information that on September 30, 1929, the Minister in Canada reported that Mr. James A. Rodd, of the Dominion Department of Fisheries, had been selected as the Canadian representative.)
73

Disinclination of the United States To Accept Canadian Proposal for General Discussion of Fisheries Questions

[Page XI]
Date and number Subject Page
1929 Mar. 2 (34) From the Canadian Minister
Inquiry whether the U. S. Government would be prepared to participate in a conference for general discussion of the fisheries questions outstanding between the two countries.
74
Apr. 3 To the Canadian Minister
Opinion that the agreements already reached concerning the salmon and halibut fisheries have demonstrated the efficacy of dealing with single phases of the fisheries question independently and that it would be inadvisable to undertake general discussions pending the conclusion of the halibut fishery treaty. Willingness, however, to undertake independent discussion of Great Lakes fisheries.
76
May 6 (79) From the Canadian Minister
Willingness to begin independent discussion of Great Lakes fisheries as soon as negotiations concerning the halibut fishery are concluded. Suggestion, however, that the proposal for a conference on the outstanding fisheries questions be revived at that time.
77

Setting Up of an International Commission To Investigate Effects on Fisheries of Proposed Power Development in Passamaquoddy Bay

Date and number Subject Page
1929 May 11 (531) To the Minister in Canada
Explanation of the difficulties of the Dexter P. Cooper Co. in regard to its proposed power development in Passamaquoddy Bay; information that Mr. Cooper suggested that the Canadian Government appoint a special commission to consider the relation of the project to the fisheries question since that was ostensibly the reason for the refusal to grant an extension of the time allowed the company for obtaining the approval of the three Canadian departments concerned. Instructions to take up the case with the Canadian authorities.
79
May 16 (997) From the Minister in Canada
Promise of the Secretary of State for External Affairs to give prompt and careful consideration to the question of granting the extension of time requested by the Cooper Co.
Letter from the American Consul at Saint John, N. B., May 10 (text printed), giving information concerning the power project and the sources of objection to it.
82
June 1 (1015) From the Minister in Canada
Note verbale from the Secretary of State for External Affairs (text printed) stating that, while it does not appear feasible to grant the extension of time requested, the construction powers of the company could be revived by Parliament at any time, and expressing willingness to authorize the Department of Marine and Fisheries to continue to consider the problem in cooperation with the appropriate U. S. authorities.
85
Sept. 20 (1135) From the Minister in Canada
Note verbale from the Secretary of State for External Affairs (text printed) suggesting that a joint commission be appointed to make a full investigation of the probable effect of the power project upon the fisheries of the area.
(Footnote: Information that the U. S. members were appointed according to an act of Congress of June 9, 1930; findings of the Commission (excerpt printed).)
87
[Page XII]

Unperfected Convention Between the United States and Canada for the Preservation and Improvement of the Niagara Falls, and Protocol, Signed January 2, 1929

Date and number Subject Page
1929 Jan. 16 To President Coolidge
Convention between the United States and Canada for the preservation and improvement of the Niagara Falls, and protocol, signed at Ottawa January 2 (texts printed), for transmittal to the Senate for ratification. The Secretary’s report on the convention.
(Footnote: Information that the convention and protocol were submitted to the Senate on January 16, and that no final action was taken by the Senate.)
89

Disinclination of the Canadian Government To Consent That the International Joint Commission Reconsider the Matter of the Apportionment of the Waters of the St. Mary and Milk Rivers

Date and number Subject Page
1927 July 26 (16) To the Minister in Canada
Opinion that the order of the International Joint Commission of October 4, 1921, does not effect an equal division of the waters of the St. Mary and Milk Rivers between the two countries, as is contemplated by article VI of the Boundary Waters Treaty; information that this matter has been brought to the attention of the chairman of the U. S. Section of the Commission with a request that the order be reconsidered; instructions to so inform the Canadian Government and to express the hope that it will take similar action with the Canadian Section.
97
1928 Mar. 29 (313) From the Minister in Canada
Note from the Secretary of State for External Affairs, March 23 (text printed), stating that the Canadian Government cannot see its way to join in a request that the International Joint Commission reconsider its decision, but that it would consider with the U. S. Government the formation of a joint board to consider the problem involved in the construction of storage reservoirs designed to increase the volume and regularity of the flow of the two rivers.
99
June 21 (270) To the Minister in Canada
Instructions to inform the Canadian Government that, except as to the continuance of the apportionment of the waters of the two rivers in accordance with the order of October 4, 1921, the United States concurs in the suggestion concerning the joint board and is prepared to designate its representatives; instructions to express also the hope that the Canadian Government may see its way to consent to the reconsideration of the order of October 4.
103
Aug. 28 (1112) From the Minister in Canada
Note from the Secretary of State for External Affairs, August 26 (text printed), reviewing history of the negotiations concerning the two rivers, explaining why it is considered impracticable to reopen the question of apportionment of the waters, and expressing willingness to designate representatives on a joint board for the study of reservoir facilities.
105
[Page XIII]

Arrangement Between the United States and Canada Regarding Admission of Civil Aircraft, the Issuance of Pilots’ Licenses, and the Acceptance of Certificates of Airworthiness for Aircraft Imported as Merchandise

Date and number Subject Page
1929 Aug. 29 To the Canadian Chargé
Terms of proposed arrangement between the United States and Canada for the admission of civil aircraft, the issuance of pilots’ licenses, and acceptance of certificates of airworthiness for aircraft imported as merchandise; intention, if the Canadian Government concurs in the terms, to consider the arrangement in force from the date of receipt of Canadian reply.
111
Oct. 22 (207) From the Canadian Minister
Information that the Canadian Government concurs in terms of arrangement and considers it to be operative from October 22, 1929.
114

Arrangement Between the United States and Canada Governing Radio Communications Between Private Experimental Stations

Date and number Subject Page
1928 Oct. 2 (147) From the Canadian Minister
Inquiry as to willingness of U. S. Government to enter into an arrangement with the Canadian Government which would permit Canadian private experimental stations to handle certain classes of messages with the United States and the Philippine Islands after January 1, 1929.
114
Dec. 29 To the Canadian Minister
Acceptance of the proposal if the Canadian Government is willing to accept certain additional provisions.
116
1929 Jan. 12 (7) From the Canadian Minister
Information that the Canadian Government accepts the additional provisions and considers the arrangement to be effective as of January 1, 1929.
117

Arrangement Between the United States and Canada Concerning Quarantine Inspection of Vessels Entering Puget Sound and Waters Adjacent Thereto or the Great Lakes Via the St. Lawrence River

Date and number Subject Page
1929 Oct. 24 (1179) From the Minister in Canada
Note from the Secretary of State for External Affairs, October 10, and the American Minister’s reply of October 23 (texts printed), establishing an arrangement between Canada and the United States concerning the quarantine inspection of vessels entering Puget Sound and waters adjacent thereto or the Great Lakes via the St. Lawrence River.
118
[Page XIV]

CHILE

Reciprocal Extension of Free Customs Entry Privileges to Professional Consuls by the United States and Chile

Date and number Subject Page
1929 Nov. 18 (81) From the Chilean Ambassador
Explanation of the Chilean law of August 19, 1929, which provides for the free entry of a limited amount of goods imported by professional consuls who are not engaged in commerce and whose countries grant similar privileges to the Consuls of Chile; inquiry whether the United States will grant reciprocal treatment to Chilean Consuls.
121
Dec. 4 To the Chilean Ambassador
Information that the United States is prepared to grant free entry privileges to Chilean Consuls not engaged in commerce; explanation that, while the United States does not limit the amount of goods which may be brought in, it is believed that the value of goods imported by Chilean Consuls would not exceed the value allowed American Consuls in Chile.
121

CHINA

Continued Civil War and Political Disunion in China, With Maintenance of the National Government and Allegiance of the Manchurian Leaders Thereto

[Page XV] [Page XVI] [Page XVII]
Date and number Subject Page
1929 Jan. 12 (27) From the Minister in China (tel.)
From Mukden, January 11: Information that two high officials were arrested and shot January 10 on the orders of Chang Hsüeh-liang, head of the Mukden government, for conspiring against the government and plotting against the unification of the country.
123
Jan. 14 (173) From the Consul at Mukden to the Minister in China
Report on the background and probable results of the Mukden executions.
123
Jan. 17 (1071) From the Chargé in Japan
Résumé of rumors and newspaper comments in regard to the Mukden executions.
126
Jan. 19 (5809) From the Consul General at Shanghai to the Minister in China
Insistence of Finance Minister, in report to National Military Reorganization and Disbandment Conference at Nanking, January 11, upon reform of China’s precarious financial situation by means of strict limitation of military expenditure and centralization and reorganization of the national finances.
129
Jan. 22 (178) From the Consul at Mukden to the Minister in China
Information concerning Mukden: General situation since the declaration of allegiance to Nationalist Government; courts; situation and future prospects of the Nationalist Government in the region; measures for suppressing radicalism; and prevalent opinion that recurrence of civil war in China proper is unavoidable.
132
Feb. 7 (186) From the Consul at Mukden to the Minister in China
Information that nominal changes in the machinery of government occurred on January 12 in compliance with orders from the Nationalist Government at Nanking; inauguration of the new government, February 4.
137
Feb. 18 (1927) From the Minister in China
Report on conditions in China during January: Observation that the ultimate authority remained in the hands of the military leaders as such rather than as high officials of a central government; continuance of unrest throughout the country; information concerning the report presented by the Minister of Finance to the military conference held at Nanking on January 11.
139
Mar. 18 (1996) From the Minister in China
Report that the month of February was characterized by local disturbances, especially in Hankow and eastern Shantung, which emphasized the absence throughout the country of real authority on the part of the Nanking Government.
141
Mar. 20 (L-55) From the Consul at Nanking to the Minister in China
Information concerning the political situation at the opening of the Third National Congress in Nanking; also, that the Government has called a congress virtually of its own selection.
144
Apr. 22 (2049) From the Minister in China
Summary of events during March, the most important of which was the Central Government’s successful expedition against Hankow which overshadowed in importance the meeting of the Third National Congress.
147
May 9 (369) From the Minister in China (tel.)
From Chefoo, May 8: Report of successful efforts to obtain consent of the two opposing generals for women and children to leave besieged city of Fushan and of arrangements of conference between representatives of generals with a view to allowing Red Cross to care for wounded.
To Chefoo, May 9: Instructions to exercise great caution in mediation.
153
May 17 (2108) From the Minister in China
Report that the month of April was marked by apparent improvements in the situation of the Nationalists as indicated by: (1) The successful military campaign against Hankow; (2) the settlement of the Tsinan incident whereby the Japanese agreed to evacuate Shantung; (3) the seizure of control of Shantung by Chiang Kai-shek; and (4) the passing of control of the city of Tsingtao to Nationalist authority.
153
May 21 (408) From the Minister in China (tel.)
From Tsingtao: Information that the Japanese evacuation of Shantung was completed on schedule and that the city is quiet under control of Government officers.
158
May 31 Memorandum by the Assistant Secretary of State
Conversation with the French Ambassador concerning China, during which the Ambassador inquired whether it would be possible for the United States to offer help to China as a middleman, and was informed that the idea would be discussed with the Secretary but that the work of a peacemaker in China would be difficult,
158
June 21 (2161) From the Minister in China
Report for the month of May of the situation in China which was marked by the apparent prospect of an extensive renewal of civil war as a result of the fundamental antagonism between Chiang Kai-shek and Feng Yu-hsiang; statement of the numbers and alinement of the armed forces in China; and information that the Sino-Japanese settlement of the Nanking incident of March 24, 1927, and the Hankow incident of April 3, 1927, was effected by an exchange of notes on May 2, 1929.
160
July 15 (2206) From the Minister in China
Summary of events and conditions for the month of June during which time it became increasingly probable that the difficulties between Chiang Kai-shek and Feng Yu-hsiang might be settled peaceably; outline of the general policy of the Kuomintang; list of Sino-foreign treaties which have gone into effect in 1929.
164
Aug. 16 (2270) From the Minister in China
Report for the month of July, which was marked by the successful conclusion of the negotiations between Chiang and Feng, and by the seizure of the Chinese Eastern Railway by the Manchurian authorities.
167
Aug. 17 (L-37) From the Consul at Nanking to the Minister in China
Report on the Second National Military Reorganization and Disbandment Conference of August 1 to 6; and opinion that the Central authorities sincerely desire to reduce the huge armed forces of China but that there seems to be no realization of the necessity for providing employment for the men whose disbandment is contemplated.
169
Aug. 26 (6100) From the Consul General at Shanghai to the Minister in China
Data concerning military interference with the railways of China as taken from a report supposedly given out by the Minister of Railways.
170
Sept. 14 (2335) From the Minister in China
Report of events during August, including an account of the Second Disbandment Conference.
171
Oct. 22 (2392) From the Minister in China
Report that during September it was increasingly indicated that the Left Wing of the Kuomintang is planning to overthrow Chiang Kai-shek; and that the investigating commission sent out by the American Red Cross reported that the existing famine conditions are largely due to lack of a strong central government and hence do not warrant an appeal to American generosity.
173
Nov. 26 (2448) From the Chargé in China
Information that the two most important problems during the month of October were: The dispute with Russia over the seizure of the Chinese Eastern Railway, and a domestic politico-military crisis marked by the revolt of some 20 Kuominchun generals. Statement of the numbers and distribution of armed forces in China during October.
176
Dec. 30 (2503) From the Chargé in China
Summary of events during November: Information that the Kuominchun revolt seemed to be nearing a settlement, but that this victory for Nanking was offset by an intensification of the disturbances in Kwangsi and Kwangtung, where the opposition forces seemed to envisage an independent government in South China-under Wang Ching-wei.
180
1930 Jan. 24 (2551) From the Chargé in China
Information that during the month of December 1929 the threat of an autonomous government in the South faded, the dispute with Russia was settled, and two revolts in Central China were kept in check, so that the year ended with at least the pretension of Nationalist control over the whole country.
182

Sino-Soviet Conflict Over the Chinese Eastern Railway and Appeal by the United States for Observance of the Pact of Paris

[Page XVIII] [Page XIX] [Page XX] [Page XXI] [Page XXII] [Page XXIII] [Page XXIV] [Page XXV] [Page XXVI] [Page XXVII] [Page XXVIII] [Page XXIX] [Page XXX] [Page XXXI] [Page XXXII] [Page XXXIII] [Page XXXIV] [Page XXXV] [Page XXXVI] [Page XXXVII] [Page XXXVIII] [Page XXXIX] [Page XL] [Page XLI] [Page XLII] [Page XLIII] [Page XLIV] [Page XLV] [Page XLVI] [Page XLVII] [Page XLVIII] [Page XLIX] [Page L] [Page LI] [Page LII] [Page LIII]
Date and number Subject Page
1928 Dec. 31 (1869) From the Consul at Harbin to the Minister in China
Information that Chinese officials appear determined to strip the Chinese Eastern Railway of all functions except those of a simple transportation nature and are encouraged by the lack of Soviet opposition which they encountered when taking over the railway’s telephone system; also, that there is talk regarding the faking over of the entire railway by Chinese authorities.
186
1929 Jan. 9 (1876) From the Consul at Harbin to the Minister in China
Fear of Soviet officials that the taking over by local Chinese authorities of the Harbin telephone service from the railway may be followed by the taking over of the whole railway.
188
Feb. 7 (186) From the Consul at Mukden to the Minister in China
Protest to the Mukden government by Soviet Consul General against seizure of Harbin telephone service. Opinion that the Chinese are considering ways and means of taking over the railway.
189
Mar. 27 (201) From the Consul at Mukden to the Minister in China
Information concerning the arrival of the Soviet Consul General from Harbin and interview with Marshal Chang Hsüeh-liang in which he stated Soviet desire to enter into a new treaty concerning administration of the railway and made representations against seizure of Harbin telephone service and other Chinese acts directed against the Soviets.
190
May 29 (428) From the Minister in China (tel.)
From Harbin, May 28: Information concerning raid by Chinese police, May 27, on Communist meeting held at Soviet Consulate General, and arrest of about 40 persons.
192
June 8 (457) From the Minister in China (tel.)
From Harbin, June 7: Report that the Chief of Police has shown the American Consul counterfeits of American consular seal which were seized in the raid on the Soviet Consulate General.
192
June 10 (6200) From the Minister in Latvia
Publication in Soviet press, June 1, of note from the Soviet Acting Foreign Commissar to the Chinese Chargé at Moscow, May 31 (text printed), protesting against search of the Harbin Consulate General, demanding release of Soviet citizens and restoration of papers and property removed, and declaring refusal to accord extraterritoriality to Chinese diplomatic and consular representatives in the Soviet Union.
192
June 14 (195) To the Minister in China (tel.)
Inquiry as to accuracy of press reports of Soviet mobilization on Chinese-Siberian border.
196
June 17 (485) From the Minister in China (tel.)
Information that counterfeit American seals were imitations of a seal for sealing envelopes; opinion of the Consul at Harbin that they were probably used in resealing mail which had been opened and in dispatching Soviet or Communistic mail matter. Request for instructions.
196
June 21 (498) From the Minister in China (tel.)
From Harbin, June 18: Advice that conditions on the border are apparently normal and that rumors of mobilization were probably started by Soviet agents to intimidate the Chinese.
197
June 25 (216) To the Minister in China (tel.)
Instructions to direct the Consul at Harbin to obtain the seals or to satisfy himself of their destruction if he can do so informally and unofficially without appearing to be acting under instructions.
(Footnote: Information from the Consul that the seals and other materials seized by the Chinese had been forwarded to Mukden headquarters.)
197
July 9 (552) From the Minister in China (tel.)
Advice that the Foreign Minister is coming to Peking, presumably to discuss the Manchurian situation with Chiang Kai-shek and Marshal Chang Hsüeh-liang.
197
July 10 (1969) From the Consul at Harbin to the Minister in China
Report that Chinese authorities have seized the public telegraph and line telephone systems of the railway, arrested 60 Soviet railway employees, and closed local offices of Soviet trade organizations; rumor that Chinese intend to replace the Soviet general manager of the railway by a Chinese, and that such action would be in direct violation of the Mukden agreement.
198
July 11 (560) From the Minister in China (tel.)
From Harbin: Advice that the Chinese have discharged the Soviet general manager and assistant manager and all Soviet heads of departments of the railway, and that the Chinese assistant manager has taken charge as general manager.
200
July 11 (561) From the Minister in China (tel.)
Understanding that the visit of the Foreign Minister resulted in an arrangement with Marshal Chang whereby Manchuria’s foreign relations will be handled through the Central Government at Nanking rather than at Mukden.
200
July 13 (231) To the Minister in China (tel.)
Instructions, in view of press report that Harbin consular body is considering mediation of Chinese-Soviet railway dispute, that Consul at Harbin should not participate unless the Department instructs him to do so.
200
July 13 From the Soviet Acting Commissar for Foreign Affairs to the Chinese Chargé in the Soviet Union
Protest against the Chinese acts of July 10 as being in violation of the 1924 treaties, declaration of willingness to enter into negotiations on all questions connected with the railway, demand for restoration of the status quo ante, demand for cessation of repression against Soviet citizens and institutions, and warning that the Soviet Union will resort to other means of defense of its lawful rights if a satisfactory response is not received in three days.
201
July 16 (575) From the Minister in China (tel.)
From Harbin, July 15: Advice that the Chinese authorities have incorporated the railway’s land department into the Chinese land administration and are continuing the discharge of Soviet employees.
206
July 17 (583) From the Minister in China (tel.)
Receipt of confidential information that the Soviet Government intends to force the issue and that it suspects that a third power (presumably Japan) is behind the Chinese actions; reports of Chinese and Soviet troop movements toward the border.
207
July 17 (583 bis) From the Minister in China (tel.)
From Harbin, July 16: Advice that Chinese authorities continue the discharge of railway employees and apparently intend to ignore the Soviet ultimatum.
208
July 18 (584) From the Minister in China (tel.)
From Harbin, July 16: Publication by Japanese news agency of Soviet ultimatum; seizure by Chinese authorities of railway’s four libraries; reports of mobilization of Soviet troops at Irkutsk and Chita.
208
July 18 (585) From the Minister in China (tel.)
Press dispatch from Nanking, July 16 (text printed), containing summary and excerpts from Foreign Office telegram to the Chargé in Moscow instructing him to reply to the Soviet ultimatum of July 13 by presenting a note charging that Soviet officials have violated and failed to carry out the 1924 agreement and have used organs of the railway to carry on propaganda.
208
July 18 (236) To the Minister in China (tel.)
Information that in conversations with the British, Chinese, French, and Japanese diplomatic representatives the Secretary pointed out the grave responsibility imposed by the present Sino-Soviet crisis upon all the powers signatory or adherent to the Treaty for the Renunciation of War; also, that he observed to the Chinese Minister that the Chinese Government’s actions lent themselves to the implication that China had violated the 1924 agreement by actions that might be interpreted as an attack on the Soviets.
210
July 19 (589) From the Minister in China (tel.)
Receipt in Peking of text of Soviet declaration severing relations with China.
211
July 19 (590) From the Minister in China (tel.)
From Harbin, July 17: Advice that the consular body does not contemplate holding a meeting regarding railway dispute.
212
July 19 (75) From the Chargé in Japan (tel.)
Information from the Vice Minister for Foreign Affairs that his Government has no intention of commenting on or interfering in the Sino-Soviet railway dispute.
212
July 19 (591) From the Minister in China (tel.)
Press dispatch from Moscow, July 18 (text printed), containing text of Soviet note which refutes Chinese charges, and announces the recall of all Soviet diplomatic, consular, and commercial representatives in China, as well as Soviet appointees on the railway, suspension of railway communications between China and the Soviet Union, order to Chinese diplomatic and consular representatives to leave Soviet Russia, and reservation of all rights under the 1924 agreements.
212
July 19 (594) From the Minister in China (tel.)
Receipt by the German Legation of Soviet request that Legation take chargé of Soviet interests in the Peking, Mukden, and Harbin areas.
214
July 19 (237) To the Minister in China (tel.)
Additional information concerning the Secretary’s conversations with the British, Chinese, French, and Japanese diplomatic representatives on July 18; advice that conversation with the Italian Ambassador was along the same lines.
215
July 19 Memorandum by the Assistant to the Secretary of State
Telephone message received from the French Ambassador’s secretary, conveying Foreign Minister Briand’s approval of the steps taken by Secretary Stimson and advising of Briand’s intention to discuss the matter with the Chinese and Soviet diplomatic representatives in Paris.
218
July 19 Memorandum by the Assistant Secretary of State
Conversation with a member of the Italian Embassy in regard to the probabilities of war between China and Soviet Russia.
218
July 19 (599) From the Minister in China (tel.)
From Mukden: Information that Moscow has ordered the discontinuance of railway communication with China and the departure from Mukden of all consular and other officials and Soviet citizens; also, that as yet there is no unusual military activity in the Mukden area.
219
July 20 (601) From the Minister in China (tel.)
From Harbin, July 17: Departure from Suifenho and Lahasusu of White Russian staff of Maritime Customs, and appearance of Soviet airplanes and gunboats; Soviet arrangements for departure from Harbin.
219
July 20 (604) From the Minister in China (tel.)
Arguments advanced by the advisers of the Mukden government to justify the taking over of the railway.
220
July 21 (607) From the Minister in China (tel.)
From Nanking, July 19: Understanding that the Chinese Government has decided to publish the Soviet documents seized in the raid on the Harbin Consulate in order to substantiate the charges of propaganda contained in Chinese note of July 16; also, that the decision to seize the railway was reached in the Peking conference between Chiang Kai-shek, Chang Hsüeh-liang, and Foreign Minister C. T. Wang.
221
July 21 From the Consul at Harbin (tel.)
Information that Soviets have seized two Chinese merchant vessels on Amur River and that Soviet Government has ordered Soviet employees of the railway to resign.
221
July 22 Memorandum by the Secretary of State
Conversation, July 20, in which the French Ambassador expressed the hope that the Secretary would see the Chinese Minister again and endeavor to counteract any undue encouragement that might have resulted from a remark by the Ambassador to the effect that the Soviet Government had announced that it would not violate the Kellogg-Briand treaty.
222
July 22 Memorandum by the Secretary of State
Conversation with the Chinese Minister, July 20, in which the Secretary pointed out the unfavorable world reaction to China’s seizure of the railway and renewed the discussion on possibilities of impartial arbitration or mediation.
222
July 22 (241) To the Minister in China (tel.)
Details of conversation with the French Ambassador on July 20; information concerning the Japanese attitude toward the Sino-Soviet dispute; advice that the British Government is in entire accord with the steps taken by Secretary Stimson and Foreign Minister Briand.
(Instructions to repeat to Tokyo. Sent, mutatis mutandis, to Paris, for repetition to Rome; sent also to London.)
223
July 22 (611) From the Minister in China (tel.)
Opinion that neither side desires or counts on hostilities, but that China may overplay her hand and create a situation which will make hostilities unavoidable; suggestion that it be made clear to the Chinese Minister that Chinese intractability in this matter would alienate the sympathy enjoyed thus far and this matter involves the same question—responsibility for the observance of international undertakings—as in the extraterritorial difficulty.
226
Undated [Rec’d July 23] From the Chinese Minister
Manifesto issued by the Chinese Government on July 19 (text printed), stating that the documents seized in the raid on the Soviet Consulate at Harbin are being published to reveal the true facts of the matter and to emphasize the seriousness of Soviet responsibility in cutting off international communication, in disregarding the principle of justice and the 1924 agreements, and in attempting to create internal disturbance in China.
228
Undated [Rec’d Aug. 9] Statement by the Soviet Commissariat for Foreign Affairs
Declaration that the offer of mediation made by the French Government on July 19 is appreciated but becomes without point in view of the Chinese refusal to restore the legal basis which they violated.
231
July 23 From the Consul at Geneva (tel.)
Opinion that the League of Nations will take no official action in regard to the Sino-Soviet crisis unless forced to do so by the imminence of war.
232
July 23 (612) From the Minister in China (tel.)
From Mukden, July 21, from the Military Attaché: Denial by Chinese authorities of military clashes at railway terminals but admission of minor incident at Pogranichnaya, July 20, in which Soviet troops temporarily crossed the frontier; absence of evidence of any unusual military preparations locally.
232
July 24 (618) From the Minister in China (tel.)
From Nanking, July 23: Information that the Foreign Minister is endeavoring through the Chinese and Soviet diplomatic representatives in Berlin to reach some basis for solution of the railway difficulty, and has ordered Chinese diplomatic and consular representatives to leave Russia.
233
July 24 (620) From the Minister in China (tel.)
From Nanking, July 23: Information from the Ministry of Foreign Affairs that China’s reply to the second Soviet note will be “peaceful.”
233
July 24 (621) From the Minister in China (tel.)
From Harbin, July 22: Withdrawal of Soviet consular and trade representatives; opinion that there is no immediate danger of outbreaks at Harbin.
233
July 24 (245) To the Minister in China (tel.)
Substance of conversations with the Chinese Minister, the French Ambassador, and the Japanese Ambassador, July 22, and with the Secretary of the German Embassy, July 23, concerning various means for finding a peaceful solution of the Sino-Soviet difficulties.
234
July 24 (622) From the Minister in China (tel.)
From Mukden, July 23, from the Military Attaché: Advice that absence of military preparations, together with official assertions of determined passive attitude, give rise to the conclusion that local government has no intention of accepting possible Soviet challenge.
236
July 24 Memorandum by the Secretary of State
Conversation with the Italian Ambassador in which he read a telegram from Premier Mussolini expressing satisfaction and approval of the steps taken by the United States in regard to China and the Soviets.
237
July 24 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador following deposit of Japanese ratification of the Kellogg Pact, during which the Ambassador gave assurances that his Government understood perfectly what the U. S. Government was trying to do in the Sino-Soviet situation.
237
July 24 (351) From the Chargé in France (tel.)
Information from the Foreign Minister that the Chinese Minister had expressed willingness to arbitrate and abide by the Pact of Paris, but that the Soviet Ambassador had expressed the opinion that his Government could not consider arbitration until the Chinese had restored the status quo ante.
239
July 25 (53) From the Minister in Latvia (tel.)
Description of session of the Communist Party’s Central Committee, July 17, at which resolutions were passed requiring the Government to take measures to combat Chinese rapacity, to summon party organizations to arrange demonstrations, and to mobilize all organs in Siberia.
240
July 25 Memorandum by the Assistant Secretary of State
Conversation with the Japanese Ambassador in which he advised that the Soviet Ambassador in Tokyo had stated to the Foreign Minister that his Government had declined the French proposal for mediation because it did not include restoration of the status quo ante.
240
July 25 Memorandum by the Secretary of State
Conversation with the French Ambassador in which the Ambassador presented an aide-mémoire (text printed) setting forth the internal difficulties which the French Ambassador in Moscow believes are responsible for the Soviet refusal of the French proposal, and stating that the French Minister in China is of the opinion that the Nanking Government would accept the return to the status quo prior to a general discussion of the question.
241
July 25 To the French Ambassador
Request that the Ambassador submit to his Government, for criticism and possible joint action with the United States, the Secretary’s draft of suggestions for a commission of conciliation (text printed).
(Footnote: Information that the Secretary read this aide-mémoire to the British, French, Italian, and Japanese Ambassadors, and the German Chargé and handed each a copy thereof.)
242
July 25 (630) From the Minister in China (tel.)
Confirmation by the Minister of Railways of report that discussions with a view to arranging direct negotiations are already in progress between the Chinese and Soviet diplomatic representatives in Berlin.
244
July 25 (633) From the Minister in China (tel.)
Increasing evidence that the original Chinese intention in ousting the Soviet staff was to obtain possession of the railway and that subsequent declarations attributing action to necessity for suppressing hostile propaganda are a result of realization that publicity maintaining the original position would discredit the Chinese Government in world opinion.
246
July 26 (79) From the Chargé in Japan (tel.)
Opinion of the Foreign Minister that the Sino-Soviet situation is not serious, but is annoying, and that matters are deadlocked.
246
July 26 (248) To the Minister in China (tel.)
Transmittal of text of Secretary’s aide-mémoire of July 25 and its enclosure.
(Instructions to repeat to Japan.
Footnote: Information that this telegram was sent to France, with instructions to repeat to Germany, Great Britain, and Italy.)
247
July 26 Memorandum by the Secretary of State
Record of telephone call from the Chinese Minister who advised that the Soviet Ambassador in Berlin had sounded out the Chinese Legation as to whether they would meet in negotiations and that the Chinese Government had expressed its willingness but had received no reply.
247
July 26 Memorandum by the Secretary of State
Conversation with the German Chargé in which the Chargé stated his Government’s satisfaction with everything that had been done, and inquired concerning nature of U. S.-French relations in connection with the proposal to the Chinese and Soviet Governments.
248
July 26 (636) From the Minister in China (tel.)
From Harbin, July 25, from the Naval Attaché: Report on strength of Chinese and Soviet forces in North Manchuria region.
249
July 26 (54) To the Ambassador in Germany (tel.)
Indication of surprise at the belief of newspaper correspondents that all U. S. action in the Sino-Soviet affair is not known; résumé of the action which the Secretary has taken.
249
July 26 (637) From the Minister in China (tel.)
Press dispatch from Shanghai, July 25 (text printed), stating that the Foreign Minister has declared that China is willing to enter into direct negotiations and is awaiting an indication of Soviet attitude.
250
July 26 (7565) From the Military Attaché in China to the Legation in China
Belief that the objective of Chinese actions on July 10 and 11 was the complete recovery of the railway and that only unfavorable world opinion and a menacing Soviet attitude forced an official renunciation of this objective and its replacement by demands for strict adherence to the 1924 agreements. Observation, also, that it appears that the Nanking and Mukden Governments were working in agreement, and that if the highest authorities did not order the Harbin action, they took no measures to forestall its execution.
251
July 27 From the Naval Attaché in China to the Minister in China
Information that the present situation concerning the railway is not an overnight development but had been expected by the Russians and planned for by the Chinese for some months; also that the action was taken by Lu Jung-huan, President of the Board of Directors, without the knowledge of Marshal Chang or the Nanking Government.
252
July 29 From the Naval Attaché in China to the Minister in China
Explanation by Lu Jung-huan that he was obliged to take action in order to protect Chinese interests and ensure execution of the 1924 agreements.
255
July 29 Memorandum by the Secretary of State
Receipt from the French Ambassador of a late report on the Sino-Soviet issue (text printed) stating that Soviets insist that they are not in communication with the Chinese in any capital, and will adhere to the rupture in relations until fulfillment of conditions of the Soviet note of July 13.
257
July 29 From Marshal Chang Hsüeh-liang to the Soviet Acting Commissar for Foreign Affairs
Proposal that each Government appoint a representative for a conference on railway questions, that the prevailing situation on the railway be regarded as provisional, subject to regulation after the conference, that the imprisoned Soviet citizens be released and deported, and that the Chinese arrested in the U. S. S. R. be released.
258
Undated [Rec’d July 30] (651) From the Minister in China (tel.)
Foreign Office note, July 29 (text printed), expressing appreciation for U. S. notification that the Pact of Paris entered into force on July 24 and declaring willingness to settle the difficulties with the Soviets by pacific means.
258
July 30 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador in which the Ambassador presented a confidential statement (text printed), expressing doubt that either the Chinese or Soviets would favorably receive the suggested plan for a commission of conciliation; his understanding that the former Soviet Consul General at Harbin was returning toward the border and that the Chinese Foreign Office representative in Manchuria was starting to meet him; the Secretary’s reply that so long as the two Governments seemed to be making progress toward direct negotiation he did not intend to make any suggestion.
259
July 30 (654) From the Minister in China (tel.)
From Harbin: Advice that the Commissioner for Foreign Affairs and a director of the railway are presumably on their way to receive Soviet reply to the Chinese proposals which were made at the Chang Tso-hsiang-Melnikoff meeting at Changchun.
261
July 31 (139) From the Ambassador in Germany (tel.)
Reiteration in the press of earlier denials by Soviet Embassy concerning reports of direct negotiations with the Chinese Minister in Berlin.
262
July 31 Memorandum by the Secretary of State
Receipt from the French Ambassador of a statement (text printed) advising that on July 29 the Acting Foreign Commissar confirmed to the French Ambassador in Moscow his previous denial that conversations were being held with the Chinese, and maintained that no conversations would be possible until return to the status quo.
262
Aug. 1 (659) From the Minister in China (tel.)
Local press dispatch (text printed) of interview with Chinese Minister of Railways in which he stated that the greatest concession which China would make would be to admit joint ownership of the railway with the Soviets and sole control and administration by China.
263
Aug. 1 (660) From the Minister in China (tel.)
Press dispatch from Nanking, July 31 (text printed), stating that the first Sino-Soviet preliminary conference met on July 30 at Manchouli to discuss questions of time and place for a formal conference.
264
Aug. 1 From the First Secretary of the French Embassy
Opinion of the Foreign Minister that in case a settlement by direct negotiation cannot be reached, Secretary Stimson’s proposed note could be forwarded in accordance with the Pact of Paris.
264
Aug. 1 (663) From the Minister in China (tel.)
From Harbin: Understanding that at Sino-Soviet conference at the frontier on July 31, it was agreed to appoint delegates to negotiate the railway question.
265
Aug. 1 From the Soviet Acting Commissar for Foreign Affairs to Marshal Chang Hsüeh-liang
Information that the Chinese proposal of July 29 differs from the proposal which was presented on July 22 to the Soviet Consul General at Harbin, on the basis of which the Soviet Government was willing to hold discussions, and has created new and serious complications for which the Mukden and Nanking Governments must be held responsible.
265
Aug. 2 From the Naval Attaché in China to the Minister in China
Report of a visit to Manchouli July 30–August 1; impression that the situation is very much eased but that there is no assurance that the present conversations will not drag or that the ultimate negotiations will take place in the near future.
267
Aug. 3 (668) From the Minister in China (tel.)
From Harbin, August 2: Advice that conditions are quiet but that there is uneasiness that negotiations at Manchuria Station are not going as smoothly as expected.
270
Aug. 4 (669) From the Minister in China (tel.)
Press dispatch from Nanking, August 2 (text printed), quoting the Foreign Minister as declaring that the Government favors direct negotiations but cannot accept any conditions before negotiations are opened.
270
Aug. 5 (141) From the Ambassador in Germany (tel.)
Conviction of Foreign Office that neither China nor Soviet Russia desires or would accept interference by other powers.
271
Aug. 5 (673) From the Minister in China (tel.)
Advice that negotiations at Manchouli are continuing but that authentic information is not available.
272
Aug. 6 (676) From the Minister in China (tel.)
Report dated July 31 to the Military Attaché from Lieutenant White at Mukden (text printed), containing text of official memorandum of the Chinese interpretation of the status quo with regard to the railway.
272
Aug. 7 (677) From the Minister in China (tel.)
Press dispatch from Nanking, August 6 (text printed), conveying official announcement that the Manchouli conference has reached a deadlock and that the Chinese are unable to accept Soviet demand for reinstatement of the Soviet associate managers of the railway before the opening of formal negotiation.
273
Aug. 8 (688) From the Minister in China (tel.)
Inquiry from the French Minister as to U. S. willingness to send the Chinese Government a note similar to the note addressed to the Peking Government on May 3, 1924, with regard to Chinese responsibility for the protection of all interests in the railway.
273
Aug. 9 (263) To the Minister in China (tel.)
Opinion that the sending of such a note would only further cloud the situation.
274
Aug. 10 (695) From the Minister in China (tel.)
From Harbin, August 9: Information concerning dynamiting of freight trains near Harbin and attempted arson and removal of rails elsewhere; understanding that General Boldyreff has been appointed commander of so-called Soviet army of occupation.
274
Aug. 13 (146) From the Ambassador in Germany (tel.)
Understanding that, in answer to Chinese request for advice in finding a face-saving formula to solve the railway conflict, the Foreign Office will reply that it is unable to give the advice requested but would be ready to acquaint the Soviet Government with the fact that such an inquiry had been made.
275
Aug. 13 (700) From the Minister in China (tel.)
From Harbin, August 12: Report that Soviet airplane and firing demonstrations have recommenced at Suifenho, that Soviets refuse to negotiate with Chinese representative at Manchuria Station because he represents the Central Government, and that there are disquieting Chinese and Soviet military activities along the railway.
275
Aug. 13 (701) From the Minister in China (tel.)
Receipt by French Legation of information that the Soviet Government will negotiate only locally with the Manchurian authorities; opinion that Soviets are aware of the differences between Nanking and Manchurian Governments and plan to take full advantage thereof.
276
Aug. 15 Memorandum by the Secretary of State
Conversation with the Chinese Minister in which the Secretary explained the suggestion for conciliation contained in his aide-mémoire of July 25, and pointed out that it was merely for action to be taken by the two powers themselves, without intervention by outside parties.
276
Aug. 15 Statement by the Soviet Vice Commissar for Foreign Affairs
Warning that the Soviet Government will not acknowledge any contracts or obligations assumed by the railway subsequent to its seizure by the Chinese.
277
Aug. 16 (1991) From the Consul at Harbin to the Minister in China
Review of the events of July with regard to the railway situation; opinion that neither side wants war, but that intimidating actions of the Soviets at the border might precipitate graver troubles at any time.
278
Aug. 16 (273) To the Minister in China (tel.)
Instructions to direct the Harbin Consulate to investigate press reports of border clashes and the mistreatment of prisoners.
284
Aug. 18 (727) From the Minister in China (tel.)
From Harbin, August 15: Advice that Chinese delegates have left Manchuria Station, evidently because they could no longer get in touch with Soviet representatives; information concerning activities of Soviet cavalry and airplanes on the border.
284
Aug. 18 [729] From the Minister in China (tel.)
From Mukden, August 17: Receipt by Mukden government of advice that Soviet troops started bombarding Manchuria Station at 3 a.m.
From Mukden, August 17: Receipt by the government of information that 10,000 Soviet troops crossed the border and attacked between Manchouli and Chalainor; understanding that 40,000 Mukden troops are being sent to the north.
285
Aug. 18 (730) From the Minister in China (tel.)
From Harbin, August 17: Information that reports have been received concerning clashes on the border and heavy Soviet aircraft and artillery fire which are evidently planned to intimidate the Chinese.
285
Aug. 19 (732) From the Minister in China (tel.)
Press dispatch from Nanking, August 16 (text printed), containing Foreign Minister’s declaration that no official reports had been received concerning Soviet incursions into Chinese territory, but that China will resist to the limit of her ability if the raids continue.
285
Aug. 19 From the Consul at Harbin (tel.)
Advice that small Soviet raiding parties have clashed with Chinese troops, resulting in 200 Chinese casualties; also that individual Chinese soldiers are acting badly toward Russians and the Chinese military are understood to be treating imprisoned and interned Russians cruelly.
286
Aug. 19 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which he stated that the rupture in the Manchouli conversations was due to Soviet demand for appointment of Soviet manager and assistant manager before commencement of negotiations, and also advised that troops were being sent to the railway for the purpose of policing the line but that this did not mean that China wanted war.
286
Aug. 19 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which he stated that Lu Chung-lin, a close friend and adherent of Feng Yuhsiang, had been appointed Minister of Military Affairs; the Assistant Secretary’s opinion that the Minister intended to infer that Feng and the Central Government are acting in harmony.
288
Aug. 19 From the Chinese Minister
Communication to the signatories of the Treaty for the Renunciation of War (text printed), declaring that if Soviet acts of provocation should result in unavoidable clashes arising out of China’s determination to defend her own rights, the responsibility for disturbing the peace of the world must rest upon Soviet Government, and stating readiness at any time to discuss and settle difficulties with the Soviet Government.
288
Aug. 20 Memorandum by the Secretary of State
Conversation with the Chinese Minister in which the Minister called attention to Soviet attacks upon the Chinese, and stated that Chinese troops had been instructed to go no further than self-defense actually required.
293
Aug. 20 (737) From the Minister in China (tel.)
From Harbin, August 19: Information that Chinese military are about to evacuate Taheiho and that raiding parties, presumably Soviet, are crossing the Amur River and are pillaging on the Chinese side.
294
Aug. 20 (738) From the Minister in China (tel.)
From Mukden, August 19: Report of fighting at Tungning, which was evacuated and then reoccupied by Chinese forces after arrival of reinforcements; observation that Soviet troops appear to be raiding rather than occupying Chinese territory.
295
Aug. 20 From the Consul at Geneva (tel.)
Advice that the League of Nations is considering some action in the Sino-Soviet crisis.
295
Aug. 21 (742) From the Minister in China (tel.)
From Harbin, August 20: Occupation of Tungning by Soviet forces; dispatch to all consuls by Chinese Commissioner of Foreign Affairs at Taheiho of telegram complaining against Soviet raids in Chinese territory.
296
Aug. 22 (747) From the Minister in China (tel.)
Press dispatch from Moscow, August 20 (extracts printed), containing Soviet statement to the German Embassy, August 19, for transmittal to the Nanking and Mukden Governments, which alleges that Chinese and Russian White Guard detachments have been attacking and raiding Soviet territory.
296
Aug. 22 (749) From the Minister in China (tel.)
From Harbin, August 21: Absence of any particular activity on the frontier; information that the Chinese have established concentration camps near Harbin for Russian prisoners, and that as a result of German Consul General’s representations, the treatment of the prisoners is somewhat better.
297
Aug. 23 (751) From the Minister in China (tel.)
From Harbin, August 22: Information that Tungning is now in Chinese possession but that the military fear an immediate attack and difficulty of civilian evacuation; also, that Soviet soldiers and aircraft are active in the Muling area; opinion that no actual warfare has begun and that Soviet object at present is to prevent coal mines from supplying the railway and to intimidate railway employees by acts of terrorism.
298
Aug. 23 (752) From the Minister in China (tel.)
Report on a conversation with the Japanese Chargé, August 22, concerning information his Government had received as to Soviet and Chinese attitudes toward the present conflict.
298
Aug. 23 (4823) From the Ambassador in Germany
Opinion of Foreign Office that Sino-Soviet conflict has entered upon a tedious period of oriental jockeying and bargaining, and that there will be more mutual recrimination but not a war.
299
Aug. 25 (757) From the Minister in China (tel.)
From Nanking, August 22: Lack of public interest in the Manchurian crisis.
From Nanking, August 21: Information from Foreign Minister that the Soviets had offered through Berlin to open negotiations upon basis of gradual redemption by China of the Soviet share in the Railway, provided the Chinese would agree to immediate appointment of a Soviet railway manager, and that he had replied that the Chinese would negotiate on that basis.
300
Aug. 26 (759) From the Minister in China (tel.)
Press dispatch from Nanking, August 23 (text printed), stating that at an informal conference it was decided that Chinese Government should continue present policy of seeking a settlement of the railway dispute by peaceful means but that precautionary measures should be taken in view of the daily incursions of Soviet troops into Chinese territory.
301
Aug. 26 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador in which the Ambassador advised of his understanding that the Chinese had decided to accept in principle the restoration of the status quo ante, provided this did not mean restoration of the same Soviet general manager and assistant manager, and stated also that it had been reported to him that the conversations were steadily progressing.
302
Aug. 26 Memorandum by the Secretary of State
Conversation with the British Ambassador in which the Ambassador agreed to draft a message to his Government asking for views on the advisability of taking some action to avert a disaster in the Sino-Soviet situation.
303
Aug. 26 (760) From the Minister in China (tel.)
Receipt from the Japanese Chargé of information concerning Chinese attitude toward appointment of a Soviet manager of the railway; Chargé’s opinion that the Central Government is now prepared to take a less unyielding attitude.
304
Aug. 26 From the British Ambassador
Copy of telegram dispatched to the Foreign Office (text printed) in accordance with the day’s conversation.
304
Aug. 28 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Chargé, in which the Chargé agreed that the Chinese might very well accept the basis suggested for negotiations with the Soviets.
306
Aug. 28 (768) From the Minister in China (tel.)
Press dispatch from Shanghai, August 27 (text printed), stating that the Chinese Minister in Berlin had learned that the Soviet Government would be willing to enter into formal negotiations, provided it might appoint a new Russian general manager.
306
Aug. 30 (159) From the Ambassador in Germany (tel.)
Delivery by the German Ambassador at Moscow, August 28, of Chinese note verbale, accepting in the main the Soviet conditions, but also making some conditions, of a face-saving nature, and proposing a joint declaration that negotiations are to be begun in order to put into effect the 1924 agreements.
307
Aug. 30 (160) From the Ambassador in Germany (tel.)
Information that the Soviet Embassy has just delivered its answer to the Chinese proposal and that it is a general acquiescence, with conditions, the chief of which is that the Soviet Government has the right to reappoint the former manager
307
Aug. 30 From the British Ambassador
Opinion of British Government that outcome of the present Sino-Soviet negotiations should be awaited before taking any action.
308
Undated [Rec’d Sept. 24] Statement by the Soviet Commissariat for Foreign Affairs
Chinese note verbale of August 27, text of the joint declaration, and Soviet draft of the declaration (texts printed); advice that, in handing the Soviet draft to the German Ambassador, the Acting Foreign Commissar stated that no reason was seen to appoint a new manager and assistant manager in place of the original appointees but that the matter would be considered if the Chinese Government should replace the present chairman of the Board of Directors by a new chairman.
309
Aug. 31 (772) From the Minister in China (tel.)
From Harbin, August 30: Advice from German Consul General that the condition of Russian prisoners in the concentration camp is bad.
311
Sept. 1 (781) From the Minister in China (tel.)
From Harbin, August 31: Information from American newspapermen at Manchuria Station that Soviet troops are threatening Chalainor and that a state of war exists 500 miles along the border.
311
Sept. 1 (782) From the Minister in China (tel.)
Local press dispatch (extract printed) containing Soviet draft of declaration; press dispatch from Nanking, August 31 (text printed), stating that Foreign Office has not yet received statement from the Chinese Minister in Berlin regarding the alleged settlement but that the spokesman admitted that negotiations in Berlin were proceeding satisfactorily.
312
Sept. 2 (783) From the Minister in China (tel.)
Press dispatch from Shanghai, September 1 (text printed), quoting the Foreign Minister as declaring that the question of replacing the present chairman of the Board of Directors with a new chairman had never arisen, and stating that if the question were to arise, China would find it impossible to accept the, demand.
312
Sept. 3 (788) From the Minister in China (tel.)
From Harbin: Report from American correspondents at Manchuria Station that Soviet troops have invaded Chinese territory and shelled Chinese outposts.
313
Sept. 4 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador in which he stated opinion that the situation in Manchuria was improving and intimated that Chinese might not insist on refusing to replace the Vice President of the Board of Directors.
313
Sept. 4 (4857) From the Ambassador in Germany
Information that Foreign Office has no confirmation of report that Nanking Government finds the Soviet reply unacceptable; opinion of Foreign Office that a way toward settlement has been definitely opened.
313
Sept. 7 (2308) From the Minister in China
Advice that the Consul at Harbin was instructed on September 5—in reference to a proposal that the Harbin consular body offer its good offices to bring about a settlement of the dispute—to be guided by the instructions contained in Department’s telegram No. 231, of July 13, which had been repeated to the Consulate on July 15.
314
Sept. 9 (805) From the Minister in China (tel.)
From Harbin, September 8: Report that Soviet aircraft bombarded railway station area at Suifenho; opinion of American correspondents that the situation is grave.
315
Sept. 9 (807) From the Minister in China (tel.)
Press dispatch from Nanking, September 6 (text printed), stating that the Foreign Minister observed that appointment of a Soviet railway manager should not be gazetted until after the formal conference had opened, and declared that no Soviet demand for removal of the president of the railway had been received.
Press dispatch from Nanking, September 8 (text printed), stating that the Chinese Minister in Berlin had wired from Geneva that the Soviet Government had withdrawn demand for appointment of new manager and assistant manager as a preliminary to opening of formal negotiations.
315
Sept. 9 (808) From the Minister in China (tel.)
From Harbin: Confirmation of report of Soviet bombing and destruction of railway station at Suifenho; information that casualties are estimated at from 30 to 100 and that the town is in panic.
316
Sept. 11 (163) From the Ambassador in Germany (tel.)
Chinese note verbale of September 9 (text printed), transmitted by the German Government to the German Ambassador in Moscow, for delivery to the Soviet Government; observation by German Foreign Office official that this note was in effect a refusal of all the Soviet preliminary conditions and would exasperate Moscow greatly.
316
Sept. 11 (815) From the Minister in China (tel.)
Press dispatch from Shanghai, September 9 (text printed), setting forth declaration by the Foreign Minister that the Chinese Army would not hesitate to defend the country against Red aggression.
Press dispatch from Moscow, September 10 (text printed), stating that the Foreign Commissariat has sent a note to the Nanking and Mukden Governments charging them with the responsibility for the provocative attacks by Chinese troops and Russian White Guards.
317
Sept. 13 (824) From the Minister in China (tel.)
From Nanking, September 12: Receipt by Foreign Ministry of telegram from the diplomatic representative in Berlin which states that the Soviets deny taking offensive action on the border and claim that their forces have only acted defensively to repel Chinese raids.
318
Sept. 13 (825) From the Minister in China (tel.)
From Harbin, September 12: Report of American Vice Consul’s investigation of conditions in the concentration camp.
319
Undated [Rec’d Oct. 17] From the Chinese Minister for Foreign Affairs to the German Counselor of Legation in China, for the Soviet Commissariat for Foreign Affairs
Alternative article 3 (text printed) of the proposed joint declaration, providing for Soviet nomination and immediate appointment by the Board of Directors of an assistant manager who will, jointly with the Chinese assistant manager, manage the railway during the period of negotiations.
(Footnote: Handed to the Soviet Foreign Office by the German Ambassador in the Soviet Union on September 13.)
319
Sept. 17 From the Soviet Commissariat for Foreign Affairs to the German Embassy in the Soviet Union, for the Chinese Government at Nanking
Statement that, since the Chinese note verbale of September 9 and proposal regarding article 3 of the declaration decline the principal conditions preparatory to the signing of the declaration, responsibility for the further development of the conflict must devolve fully upon the Nanking Government.
320
Sept. 17 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Chargé in which the Assistant Secretary of State expressed concern over China’s apparent unwillingness to be conciliatory in the railway matter and called attention to reports of bad conditions in the concentration camp.
321
Sept. 24 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Chargé in which the Chargé delivered a statement by his Government on the matter discussed in the conversation of September 17 and expressed regret that he could not bring a more favorable response.
322
Sept. 25 (842) From the Minister in China (tel.)
Press dispatch from Nanking, September 23 (text printed), stating that Chinese reply to Soviet Government will propose that Soviet Russia appoint an assistant manager to function until the appointment of a general manager is decided upon at the formal conference, and will state that the 1924 agreements are valid pending conclusion of a new agreement.
323
Sept. 27 (319) To the Minister in China (tel.)
Instructions to direct the Consul at Harbin to investigate and report on condition of the interned Russians and to advise if any obstacles are placed in his path.
323
Oct. 3 (854) From the Minister in China (tel.)
From Harbin, October 3: Report of Soviet attacks near Manchuria Station on October 1 and 2.
323
Oct. 4 (2033) From the Consul at Harbin to the Minister in China
Information concerning the recent military activity at Manchuria Station and observations concerning possible motives of the Soviets.
324
Oct. 4 (858) From the Minister in China (tel.)
From Harbin, October 3: Information that American and Japanese vice consuls and newspapermen report that conditions have improved in prisoners-of-war camp; also, that the prisoners’ most serious complaint is that they do not know on what charges they are held nor how long they will be detained.
325
Oct. 9 (873) From the Minister in China (tel.)
From Harbin, October 8: Receipt of information that Soviet regulars or partisans recently killed unarmed male inhabitants of several White Cossack villages in Heilungkiang Province.
325
Oct. 14 (194) From the Ambassador in Germany (tel.)
Hope of Foreign Office that the Department of State and the American press will adopt a friendly attitude toward German telegram to Chinese and Soviet Governments, October 7, proposing cessation of arrests and reciprocal release of nationals.
(Footnote: Publication in the Moscow Izvestia, October 18, of the Soviet Government’s refusal to accept the proposal.)
325
Oct. 14 (884) From the Minister in China (tel.)
Information from the German Minister concerning his Government’s proposal to the Chinese and Soviet Governments respecting liberation of prisoners.
326
Oct. 16 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador in which the Ambassador expressed the opinion that there was no danger at present of a Soviet seizure of Harbin and the railway.
327
Oct. 16 (890) From the Minister in China (tel.)
From Harbin, October 15: Report that Lahasusu was captured by Soviet forces after artillery and aerial bombardment and a naval engagement.
327
Oct. 17 (337) To the Minister in China (tel.)
Desire for opinion as to advisability of releasing to the press the information obtained by the Harbin Consulate regarding the condition of the Russian prisoners; inquiry whether the concentration camp mentioned in telegram No. 825 of September 13 and the prisoners-of-war camp mentioned in telegram No. 858 of October 4 are the same.
328
Oct. 17 (896) From the Minister in China (tel.)
Information that on October 15 sentences of from 2 to 9 years were imposed upon the 37 Soviet citizens taken prisoners in the raid on the Soviet Consulate, and that local foreigners feel that the trial was a farce.
328
[Oct. 18] From the Soviet Commissariat for Foreign Affairs to the German Embassy in the Soviet Union, for the Chinese Ministry for Foreign Affairs
Denunciation of the trial and the sentences imposed upon the 37 Soviet citizens.
329
Oct. 18 (902) From the Minister in China (tel.)
From Harbin, October 16: Suggestion that the present difficulties might be solved if the Chinese and Soviet Governments would discharge the present railway officials, and the Japanese and neutral powers hold a conference and elect new Chinese and Soviet managers.
330
Oct. 19 (910) From the Minister in China (tel.)
Telegram from representative Russian emigrants to the Senior Minister, October 18 (text printed), appealing for relief in Three Rivers district from raids and massacres by Red bands.
330
Oct. 19 (911) From the Minister in China (tel.)
From Mukden: Understanding that President Chiang Kai-shek has urged General Chang Hsüeh-liang to undertake negotiations with the Soviets, and that the local government has already taken steps to that end.
331
Oct. 21 (915) From the Minister in China (tel.)
Despatch from the Consul at Harbin, October 5 (extracts printed), stating that conditions at the internment camp have improved and that the Russian prisoners are being given more consideration than that ordinarily given to Chinese prisoners.
331
Oct. 22 (916) From the Minister in China (tel.)
Press dispatch from Mukden, October 20 (text printed), concerning a conference of military leaders in which it was decided to order the frontier troops to stop Soviet incursions.
333
Oct. 23 (922) From the Minister in China (tel.)
Affirmative reply to inquiry contained in Department’s telegram No. 337 of October 17.
333
Oct. 25 Manifesto of the Chinese Government on the Sino-Soviet Situation
Setting forth Chinese efforts to persuade the Soviet Government to come to an amicable settlement and declaring that if a state of war should come about from the Soviet Government’s incessant provocation the responsibility for violating the peace of the Far East must be borne by the Soviet Government.
333
Oct. 28 Memorandum by the Vice Consul at Harbin
Report of conversation with a sea captain who was in the midst of the Soviet shelling at Lahasusu.
337
Oct. 29 (934) From the Minister in China (tel.)
Despatch from the Consul at Mukden, October 26 (text printed), reporting that it is now likely that the Mukden government will be able to handle the negotiations with the Soviets, without the interference of the Nanking Government, and that an agreement may be reached for the holding of a conference.
338
Oct. 30 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation between the Secretary of State and the Chinese Minister with regard to the Soviet incursions into Chinese territory, the unsuccessful efforts at negotiations, and the possibility of exchanging prisoners.
339
Oct. 31 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador in which the Ambassador stated that the word received by the Department as to existence of a brighter hope for settlement of the railway question was in accord with a message he had received from his Government.
340
Nov. 1 (943) From the Minister in China (tel.)
Despatch from the Consul at Harbin, October 19 (excerpt printed), stating that the condition of the Russian prisoners in the internment camp is now worse than when he inspected the camp early in October.
341
Nov. 2 (951) From the Minister in China (tel.)
From Harbin, November 1: Information that on October 30 Soviet aircraft bombarded Fuchin, that Soviet gunboats are reported to be in that vicinity, and that a freight train was blown up and derailed.
342
Nov. 4 (961) From the Minister in China (tel.)
From Harbin: Advice that Fuchin was occupied by Soviet forces but is again in hands of Chinese troops.
342
Nov. 9 (975) From the Minister in China (tel.)
Information from the Consul at Mukden, November 4, that on October 29, at the request of Marshal Chang Hsüeh-liang, a telegram was sent to the Soviet Acting Foreign Commissar (text printed) stating that Marshal Chang was ready to negotiate on the basis of the 1924 agreements but that, as he had not received the Soviet terms which were sent to the Mukden authorities on August 29, he would like to have them telegraphed to him.
342
Nov. 19 (1006) From the Minister in China (tel.)
Advice that in a despatch of November 15 (excerpt printed), the Consul at Mukden reported that no reply had been received to the telegram of October 29 nor to a further telegram sent on November 7.
343
Nov. 19 (1008) From the Minister in China (tel.)
From Harbin, November 18: Reports of Soviet aerial bombings of the railway line and heavy fighting near Manchuria Station.
344
Nov. 20 (1011) From the Minister in China (tel.)
From Harbin, November 19: Confirmation of reports of serious Soviet airplane attacks on the railway line; information that a passenger train was fired upon, held up, and robbed by Red irregulars.
344
Nov. 21 (1020) From the Minister in China (tel.)
From Mukden, November 20: Understanding that the Chinese have lost 2,000 men; also, that Soviet aerial bombing has caused much damage and that fighting still continues.
344
Nov. 21 Memorandum by the Assistant Secretary of State
Conversation between the Secretary of State and the Chinese Minister in which the latter advised of further Soviet attacks on the frontier and of Chinese intention to lay the matter before the League of Nations.
345
Nov. 22 (336) From the Ambassador in Great Britain (tel.)
From Frank B. Kellogg: Suggestion whether the time has not come to make the appeal to the Chinese and Soviet Governments which was considered in July, before the Manchurian border disorders drift too far.
346
Nov. 22 (1026) From the Minister in China (tel.)
From Mukden, November 21: Capture of Manchouli and Chalainor by the Soviets.
346
Nov. 23 (1033) From the Chargé in China (tel.)
From Harbin, November 22: Report of further damage caused by Soviet aerial bombings; dispatch of freight cars to Hailar in anticipation of evacuation of troops and civilian population.
346
Nov. 24 (1036) From the Chargé in China (tel.)
From Harbin, November 23: Probability that Chinese forces will withdraw beyond Hingan mountains if Soviet pressure continues; lack of information as to fate of civilian population at Manchuria Station.
From Harbin, November 23: Advice that the Chinese civil administration is holding troops at Harbin to protect foreign lives and property.
347
Nov. 25 Memorandum by the Assistant Secretary of State
Conversation with the Counselor of the Italian Embassy concerning contemplation by China of an appeal to the League of Nations regarding the Soviet invasion.
348
Nov. 25 Memorandum by the Assistant Secretary of State
Conversation between the Secretary of State and the Japanese Ambassador in which the former observed that he was considering what steps might be taken by parties to the Pact of Paris to bring about an amicable settlement of the Sino-Soviet difficulty and stated that he would appreciate any thoughts or suggestions that the Japanese Foreign Minister might have.
348
Nov. 26 (1042) From the Chargé in China (tel.)
From Harbin, November 25 [26?]: Confirmation of report that Manchuria Station is in Soviet hands; information that demoralized Chinese troops from Chalainor retreating to Hailar looted all stations en route.
350
Nov. 26 (117) To the Chargé in Japan (tel.)
Instructions to deliver to the Foreign Minister a statement (text printed) expressing concern over the situation in North Manchuria and stating the hope that the Chinese and Soviet Governments will refrain from hostilities and will arrange in the near future to discuss the issues over which they are in controversy; also to inquire whether the Foreign Minister would be ready to make such a public statement simultaneously with the U. S. and other governments and to communicate the text to the Chinese and Soviet Governments.
(Sent, mutatis mutandis, to the diplomatic representatives in France, Great Britain, and Italy; sent also to the diplomatic representative in Germany on November 27.)
350
Nov. 26 Memorandum by the Chief of the Division of Eastern European Affairs
Information on the strength and organization of Soviet troops on the Chinese frontier.
352
Nov. 27 (1046) From the Chargé in China (tel.)
Press dispatch from Nanking, November 26 (text printed), stating that the State Council dispatched identical telegrams to the League of Nations and to the signatories of the Pact of Paris, expressing the hope that the latter would take appropriate steps to stop and punish Soviet violation of the Pact.
353
Nov. 27 (387) To the Chargé in France (tel.)
Instructions to inform the Foreign Office, in connection with Department’s instructions of November 26, that the German Government is being added.
(Sent also to diplomatic representatives in Great Britain, Italy, and Japan.)
353
Nov. 27 (1048) From the Chargé in China (tel.)
From Harbin, November 26: Report on the military situation; understanding that the consular body may be approached with a request that it call in foreign troops if local soldiers get out of hand; opinion that it is practically certain that Mukden has been authorized to negotiate separately.
353
Nov. 27 (1049) From the Chargé in China (tel.)
To Harbin: Instructions to be guided by the general principle established during the civil disturbances in January 1927, i. e., in the event of trouble occurring or becoming imminent to advise Americans at interior points or at smaller treaty ports to proceed to places at which they might receive protection or from which they might be evacuated without delay.
354
Nov. 27 (112) From the Chargé in Switzerland (tel.)
Information that the Chinese representative inquired of the Secretary General of the League concerning the steps the League would take if the Chinese were to present a formal request for intervention.
354
Nov. 27 (111) From the Chargé in Japan (tel.)
Information that the Foreign Minister doubts the practical benefit which would ensue from the issuance of a joint statement by the powers, but that he would, on his own responsibility, tell the Chinese and Russians privately that the recent disturbances were attracting the attention of the world and producing a bad impression.
355
Nov. 27 (350) From the Ambassador in Great Britain (tel.)
Advice that the Foreign Secretary approves in general of the issuance of a statement, but suggests that it should be in the form of a joint statement by France, Great Britain, Italy, Japan, and the United States.
356
Nov. 28 (394) To the Chargé in China (tel.)
Inquiry as to accuracy of press despatch from Moscow which states that China has accepted the Soviet terms for settlement of the railway controversy.
356
Nov. 28 (535) From the Chargé in France (tel.)
Information that the Foreign Minister agrees in principle with the suggestion for issuance of a statement, but inquires why Japan was not included with the powers to be consulted.
357
Nov. 28 (1051) From the Chargé in China (tel.)
From Harbin, November 27: Absence of indication of any previous or present large Soviet troop movements; information from refugees that looting is being done by disorganized, retreating, Chinese troops rather than by Soviet forces.
357
Nov. 28 (234) From the Ambassador in Germany (tel.)
Advice that the German reply to suggestion for a public statement is being awaited; information, however, that on November 26 the German Government transmitted a Chinese proposal to the Soviet Government; understanding that on November 27 the Soviet Telegraph Agency published text of the Soviet acceptance.
358
Nov. 28 (88) From the Ambassador in Italy (tel.)
Information that the Foreign Minister is in sympathy with the action suggested but believes a joint note would be more effective.
359
Nov. 28 (235) From the Ambassador in Germany (tel.)
Inability of the Foreign Minister to give a final decision on the suggested issuance of a statement, in view of necessity for awaiting authoritative information from Moscow on the result of the Chinese proposal.
359
Nov. 29 (237) From the Ambassador in Germany (tel.)
Chinese Government’s note of November 14, transmitted on November 26 to the German Embassy in Moscow for delivery to the Soviet Government (text printed), denying that the Chinese began hostilities on the frontier, suggesting the formation of a mixed commission to investigate and establish the responsibility, proposing the withdrawal of both forces 30 miles behind the frontier, and stating that if these points are accepted, the Chinese Government will be prepared to submit the entire dispute to a neutral, impartial body for adjustment.
360
Nov. 29 (389) To the Chargé in France (tel.)
Explanation that the omission of Japan from the list in the telegram sent to the Embassy in France was an error in transmission.
(Footnote: Information also sent to the Embassies in Great Britain and Italy.)
361
Nov. 29 (112) From the Chargé in Japan (tel.)
Information that the Foreign Minister remains of the same opinion and that the Japanese feel that nothing could be accomplished by outside pressure.
361
Nov. 29 (1054) From the Chargé in China (tel.)
Press dispatch from Moscow, November 28 (text printed), containing text of telegram from the Acting Foreign Commissar to General Chang Hsüeh-liang acknowledging receipt of the telegram of November 26 in which the Chinese declared acceptance of preliminary conditions: (1) restoration of status quo ante, (2) reinstatement of Soviet manager and assistant manager, and (3) release of imprisoned Soviet citizens.
362
Nov. 29 (1056) From the Chargé in China (tel.)
From Mukden, November 28: Understanding that the Mukden representative arrived at Mukden with the Soviet terms on November 26, and that after a conference of high Chinese officials a telegram was sent to Moscow accepting in principle the Soviet terms on condition that terms (1) and (3) be first referred to a joint committee to arrange procedure.
362
Nov. 29 (1058) From the Chargé in China (tel.)
Nonreceipt by the German Minister of confirmation of report that China has accepted Soviet terms.
363
Nov. 29 Memorandum by the Assistant Secretary of State
Conversation with the German Ambassador in which the Assistant Secretary replied to the Ambassador’s inquiry concerning the status of the proposed declaration by stating that if the Soviet answer were satisfactory and the fighting ceased it would be better to say nothing whatever as to the action which had been contemplated.
363
Nov. 29 Memorandum by the Assistant Secretary of State
Conversation with the Japanese Ambassador in which the Ambassador stated that, although the Japanese Foreign Minister’s reply to the proposal for issuance of a statement was negative and indicated Japan’s policy of watchful waiting, the Foreign Minister agreed with the proposal in principle.
364
Nov. 30 (1059) From the Chargé in China (tel.)
From Harbin, November 29: Information that Soviet airplanes have bombed Buketu; also that no official confirmation can be secured of reports that the Chinese have agreed to reestablish the status quo ante on the railway.
365
Nov. 30 (539) From the Chargé in France (tel.)
Readiness of the Foreign Minister to make the suggested statement.
365
Nov. 30 (1060) From the Chargé in China (tel.)
Understanding that the Chinese have not yet fully accepted the Soviet terms.
366
Nov. 30 (392) To the Chargé in France (tel.)
Intention of U. S. Government to communicate suggested statement directly to the Chinese Government and to ask the French Government to transmit statement to the Soviet Government; hope that the French Government will address the Chinese and Soviet Governments in the same sense. Instructions to advise the Foreign Office.
(Similar telegrams to the diplomatic representatives in Germany, Great Britain, Italy, and Japan.)
366
Nov. 30 (393) To the Chargé in France (tel.)
Instructions to request the Foreign Office to transmit statement (text printed) to the Soviet Government.
367
Nov. 30 (399) To the Chargé in China (tel.)
Transmittal of statement to be delivered to the Chinese Government.
368
Dec. 1 (540) From the Chargé in France (tel.)
Advice that, because the day is Sunday and the Foreign Minister is absent, it will be impossible to have the statement prepared and forwarded to the Chinese and Soviet Governments before the next day; also, that the Foreign Office desires that publication of statement and transmittal of U. S. note to the Soviet Government be delayed.
368
Dec. 1 (246) From the Ambassador in Germany (tel.)
Information from the Foreign Minister that his Government had learned that the British, French, and Italian Governments while, like the German Government, approving the suggested statement in principle, deemed it wise to wait for results from the direct negotiations between the Chinese and Soviets.
369
Dec. 1 (394) To the Chargé in France (tel.)
Advice that publication of statement will be delayed until December 3, but that as communications were sent to Berlin, London, Rome, and Tokyo, it is possible that the news will break at any of those places.
370
Dec. 1 (1062) From the Chargé in China (tel.)
Press dispatch from Moscow, November 29 (text printed), stating that upon receipt from the German Ambassador of the Nanking Government’s note of November 14, the Acting Foreign Commissar replied that as Marshal Chang Hsüeh-liang’s acceptance of the preliminary conditions had already been received, the Nanking Government’s proposals were of no avail.
Press dispatch from Nanking, November 29 (text printed), denying that Marshal Chang has agreed to the preliminary conditions or that any differences have arisen between the Nanking and Mukden authorities on the railway matter.
370
Dec. 1 To Certain Diplomatic Representatives (cir. tel.)
Instructions to inform the Foreign Office of the action taken by the U. S. Government in communicating declaration (text printed) to the Chinese and Soviet Governments and to express the hope that the government will, as a party to the Pact of Paris, take similar action.
(Sent to the diplomatic representatives accredited to governments signatory to the Pact of Paris.)
371
Dec. 1 (1063) From the Chargé in China (tel.)
From Harbin, November 30: Telegrams from American missionary engaged in American Red Cross relief work at Buketu (texts printed), reporting on recent Soviet bombings and the need for additional funds, food, clothing, and housing for refugees; information that Mukden representatives have departed for Suifenho, or perhaps Habarovsk, to conduct preliminary peace negotiations.
373
Dec. 1 (1064) From the Chargé in China (tel.)
Probable reasons for the conflicting reports as to acceptance by Mukden of Soviet terms and continued activity of Soviet forces since November 26.
374
Dec. 2 (90) From the Ambassador in Italy (tel.)
Intention of the Italian Government to communicate statement to the Chinese and Soviet Governments and to make public its action.
374
Dec. 2 (541) From the Chargé in France (tel.)
Information that the French statements have been telegraphed to Moscow and Peiping.
375
Dec. 2 (356) From the Ambassador in Great Britain (tel.)
Information that the British Government will make statement to the Chinese and Soviet Governments along lines similar to U. S. statement.
375
Dec. 2 (248) From the Ambassador in Germany (tel.)
Foreign Office note (text printed), stating that, in view of reports that direct negotiations for the peaceful settlement of the Sino-Soviet controversy have been opened, the German Government wishes to reserve its decision as to the time and form of further steps in the matter.
376
Dec. 2 (399) To the Chargé in France (tel.)
Expression of appreciation for the prompt and successful manner in which the Chargé has executed instructions; authorization to convey to the Foreign Minister an expression of appreciation for his prompt and cordial cooperation.
377
Dec. 2 (93) From the Minister in Panama (tel.)
Intention of Panamanian Government to take the action suggested in Department’s circular telegram of December 1.
377
Dec. 2 Memorandum by the Assistant Secretary of State
Conversation with the Japanese Ambassador in which the Assistant Secretary explained the action which had been taken by the U. S. Government and showed the Ambassador in confidence a copy of the statement to be issued to the press on December 3.
377
Dec. 2 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Minister stated the opinion that his Government’s note of November 14 to the Soviet Government accorded with the Secretary’s suggestion for conciliation and indicated willingness to resort to pacific means for settlement of the dispute.
378
Dec. 2 (1224) From the Minister in Canada
Advice that the Prime Minister approves the idea of the suggested statement and has the matter under consideration.
379
Dec. 3 (357) From the Ambassador in Great Britain
Advice that the British statement to the Chinese and Soviet Governments, published in the Times, is practically identical with the U. S. statement; that the Foreign Secretary stated in the House of Commons that the Government does not intend to call the attention of the League of Nations to this matter at this time.
379
Dec. 3 (1067) From the Chargé in China (tel.)
From Nanking, December 2: Understanding that the Central Government has given General Chang a free hand in negotiating with the Soviet Government and that he is reporting daily to the Central Government.
380
Dec. 3 (1069) From the Chargé in China (tel.)
From Harbin, December 2: Information that Russian refugees are making their way toward Harbin, that the Chinese soldier rabble is looting, and that Chinese commander at Harbin has assured consuls that he can maintain peace and quiet; advice, also, that the Mukden representatives have crossed the frontier into Siberia.
380
Dec. 3 (1071) From the Chargé in China (tel.)
From Mukden, December 2: Report that Mukden replied to Moscow requesting appointment of a new manager and assistant manager and proposing to remove certain high Chinese railway officials.
From Mukden, December 2: Understanding that no reply has been sent to Moscow but that the Mukden representatives have gone to Habarovsk.
381
Dec. 3 (114) From the Chargé in Japan (tel.)
Information that text of the statement has been delivered to the Foreign Minister and that the Japanese believe that the direct negotiations between the Mukden and Soviet authorities should remedy the situation by removing the cause of the present difficulties.
381
Dec. 3 (57) From the Minister in Czechoslovakia (tel.)
Advice that the Foreign Minister approves the U. S. Government’s action and desires to cooperate.
382
Dec. 3 (142) From the Minister in the Netherlands (tel.)
Foreign Minister’s approval of the suggested action and promise to cable the Legation in China at once accordingly; his declination to communicate with the Soviet Government because of lack of official relations.
382
Dec. 3 (368) From the Ambassador in Mexico (tel.)
Information that the Foreign Minister will take the action suggested by the U. S. Government.
382
Dec. 3 From the Chinese Minister
Communication from the Chinese Government (text printed) drawing attention of the cosignatories of the Pact of Paris to the fact that the acts and attitude of the Soviet Government are contrary to the provisions of the Pact and requesting that such action be taken as may be necessary and appropriate in view of article II.
383
Dec. 4 (1077) From the Chargé in China (tel.)
From Nanking, December 3: Understanding that the Foreign Minister denies that the Mukden authorities have committed themselves to an agreement with the Soviet Government on the Soviet terms and states that all that has been done is to agree to discuss points (1) and (2), no difficulty being expected over point (3).
384
Dec. 4 (92) From the Ambassador in Italy (tel.)
Official press announcement, December 3 (text printed), of the action taken by the Italian Government in the Sino-Soviet controversy.
385
Dec. 4 (1078) From the Chargé in China (tel.)
From Harbin, December 3: Information that the Mukden representatives are en route to Habarovsk, where it is expected they will discuss technical questions connected with the Soviet terms.
From Harbin, December 3: Receipt of unconfirmed reports that the Mukden representatives have recrossed the frontier and are on their way back to Mukden.
385
Dec. 4 (68) From the Minister in the Dominican Republic (tel.)
Information that the Foreign Minister is communicating with the Chinese and Soviet Governments and will issue a public statement.
386
Dec. 4 (84) From the Chargé in Poland (tel.)
Advice that the Foreign Minister stated that his Government would consider what action should be taken.
386
Dec. 4 (1084) From the Chargé in China (tel.)
Press dispatch from Moscow, December 3 (text printed), reporting signature at Nikolsk-Ussuriski of Sino-Soviet protocol in which the Chinese agreed to dismiss the Chinese chairman of the board of directors of the railway and the Soviets agreed to recommend candidates for the managership and assistant managership other than the present holders of those positions.
387
Dec. 4 (1083) From the Chargé in China (tel.)
Telegram from the Foreign Minister (text printed) stating, in reply to the U. S. Government’s communication, that Chinese Government has maintained a peaceful attitude and has taken military action only for the purpose of self-protection, and that it will continue to adhere to this policy.
387
Dec. 4 (42) From the Minister in Portugal (tel.)
Intention of the Foreign Minister to act in conformity with U. S. action.
388
Dec. 4 Statement by the Secretary of State Issued to the Press
Comment on the text of the Soviet memorandum of December 3 as reported in the press.
(See telegram No. 550, December 7, from the Chargé in France, infra.)
388
Dec. 5 (11) From the Ambassador in Cuba
Cuban communications to the Chinese and Soviet Governments (texts printed).
389
Dec. 5 (40) From the Chargé in Albania (tel.)
Assurance by Foreign Minister that Albania will immediately comply.
390
Dec. 5 (1087) From the Chargé in China (tel.)
From Harbin, December 3: Return of the Mukden representatives to Harbin and departure for Mukden.
From Harbin, December 4: Report in local press that Mukden representative declared that negotiations were not broken and were expected to continue smoothly.
390
Dec. 5 (73) From the Ambassador in Turkey (tel.)
Information that the Foreign Minister endorses U. S. action and will endeavor to formulate and issue an appropriate declaration; opinion, however, that it is doubtful whether he will see his way clear to do so.
390
Dec. 5 (230) From the Chargé in Peru (tel.)
Peruvian note to the Chinese Government, December 4 (text printed); advice that an identic note was sent to the Soviet Government.
391
Dec. 5 (70) From the Minister in the Dominican Republic (tel.)
Decision of Foreign Minister, in view of press reports that the Chinese and Soviet Governments have signed a protocol, to withhold his proposed telegram pending developments.
392
Dec. 5 (1090) From the Chargé in China (tel.)
Press dispatch from Moscow, December 4 (text printed), containing text of the protocol signed at Nikolsk-Ussuriski, December 3.
392
Dec. 5 (371) From the Ambassador in Mexico (tel.)
Dispatch by the Foreign Minister of telegrams to the Chinese and Soviet Governments.
393
Dec. 5 (124) To the Chargé in Japan (tel.)
Information that on December 2, the Secretary of State asked the Japanese Ambassador to make clear to the Japanese Government that the recent action in regard to China and Soviet Russia was not taken from any desire to intrude into Manchurian affairs but simply to save the Pact of Paris from losing its strength and force.
394
Dec. 5 (1093) From the Chargé in China (tel.)
From Mukden: Information regarding return of the Mukden representatives and nature of the preliminary agreement reached with the Soviet representatives.
394
Dec. 5 (144) From the Minister in the Netherlands (tel.)
Explanation by the Foreign Minister of the circumstances which prevented him from sending the promised telegram.
394
Dec. 5 Memorandum by the Assistant Secretary of State
Conversation with the German Ambassador, December 3, in which he explained that Germany’s peculiar position with regard to both China and Russia prevented her from making the suggested communication.
395
Dec. 6 From the Chargé in Liberia (tel.)
Intention of the Liberian Secretary of State to issue the suggested statement.
395
Dec. 6 (195) From the Chargé in Venezuela (tel.)
Statement by the Foreign Minister, December 5 (text printed), promising wholehearted moral support but stating that Venezuela could not address any formal communications to the Chinese or Soviet Governments because of lack of official relations.
396
Dec. 6 (1094) From the Chargé in China (tel.)
From Harbin, December 5: Probability that the quick return of Mukden representatives means that they were told that no new conditions would be accepted by the Soviets; existence of popular local belief that if Mukden hesitates, Soviet airplanes will next visit Tsitsihar, where a panic among the troops would increase tremendously the danger of soldier rabble.
396
Dec. 6 (1095) From the Chargé in China (tel.)
From Mukden, December 5: Understanding that discussions over Soviet stipulations concerning the Soviet manager and assistant manager were continued, that Marshal Chang acquiesced in their appointment to other positions, and that the Chinese sent a reply in this sense to the Soviet telegram of November 27.
397
Dec. 6 (76) From the Minister in Egypt (tel.)
Advice that text of the Egyptian communication to the Chinese and Soviet Governments is substantially the same as the U. S. communication.
397
Dec. 6 (26) From the Minister in Hungary (tel.)
Concurrence of Foreign Minister in action taken by the U. S. Government, but belief that Hungary as a small power should await the action of other powers, especially since it does not maintain diplomatic relations with the Chinese or Soviet Governments.
397
Dec. 6 From the Belgian Embassy
Expression of sympathy with the action taken by the U. S. Government and of satisfaction that at present the Sino-Soviet controversy seems to be the object of a pacific settlement.
398
Dec. 6 (32) From the Minister in Rumania (tel.)
Rumanian approval of action taken by the United States, and consideration of method of communicating Rumania’s views to the Chinese and Soviet Governments in view of the fact that Rumania has no diplomatic representative in either country.
399
Dec. 6 (43) From the Minister in Portugal (tel.)
Information that the Foreign Minister is forwarding to the Minister a copy of the Portuguese statements sent to the Chinese and Soviet Governments.
399
Dec. 6 (282) From the Chargé in Nicaragua (tel.)
Advice that the Foreign Minister showed the Chargé copies of the Nicaraguan notes to be sent to the Chinese and Soviet Governments.
400
Dec. 6 (170) From the Chargé in Chile (tel.)
Decision of the Chilean Government to transmit a communication to the Chinese Government but not to the Soviet Government, which Chile has repeatedly refused to recognize.
400
Dec. 6 (41) From the Chargé in Sweden (tel.)
Inclination of the Swedish Government to take action similar to that taken by the U. S. Government, provided the other smaller powers do so.
401
Dec. 6 (42) From the Minister in Austria (tel.)
Austrian approval of action taken by the U. S. Government, but disinclination to take a public stand because of importance of Austrian commercial relations with Russia.
401
Dec. 6 (92) From the Minister in Latvia (tel.)
Résumé of Soviet press attacks on the British, French, and U. S. Governments for their interference in the Sino-Soviet controversy.
402
Dec. 6 (104) From the Minister in Greece (tel.)
Issuance by the Foreign Minister of a press statement supporting U. S. Government’s action; his request, however, that the Department of State be informed that Greece would adopt any course adopted generally by the powers, but, being a small state, could not take the lead.
403
Dec. 7 (550) From the Chargé in France (tel.)
Foreign Office note, December 6, and its enclosure, the Soviet reply of December 3 (texts printed), which charges that the U. S. Government’s declaration cannot fail to be condemned as a pressure and consequently can in no way be considered a friendly act.
404
Dec. 7 (118) From the Chargé in Japan (tel.)
Assurance by the Prime Minister that his unwillingness to take part in formal representations arises not because of disagreement with their purpose but from his feeling that since he had been informally and confidentially talking with both parties and knew that they were about to open direct negotiations, he could not press suddenly for formal action.
406
Dec. 7 (30) From the Chargé in Denmark (tel.)
Sympathetic attitude of the Danish Government, but opinion that it must postpone definite decision as to participation in view of the recent developments in the Sino-Soviet situation.
407
Dec. 7 (15) From the Minister in the Irish Free State (tel.)
Doubt of Minister for External Affairs, in view of the Soviet reply, that Free State support would now serve any useful purpose.
407
Dec. 7 (10066) From the Chargé in France
Information that a French representative in Afghanistan has been directed to bring the U. S. Government’s statement to the attention of the Afghan Government.
407
Dec. 7 (75) From the Minister in Costa Rica (tel.)
Information that the Costa Rican Government has instructed its Minister at Paris to communicate its views to the Chinese and Soviet diplomatic representatives.
408
Dec. 7 (23) From the Chargé in Yugoslavia (tel.)
Issuance by the Yugoslav Government of instructions to the Minister at Washington to accomplish full adherence to proposals regarding the Manchurian situation.
408
Dec. 7 (1530) From the Minister in Finland
Aide-mémoire from the Foreign Minister, December 5 (text printed), expressing approval of the U. S. Government’s action.
409
Dec. 8 (1109) From the Chargé in China (tel.)
Press dispatch from Moscow, December 6 (text printed), containing texts of telegrams exchanged between Marshal Chang and the Soviet Acting Foreign Commissar in which arrangements were made for their representatives to discuss all questions.
Press dispatch from Mukden, December 7 (text printed), reporting the resignation of the president of the railway.
Press dispatch from Nanking, December 7 (text printed), announcing official confirmation of the Central Government’s approval of the Sino-Soviet protocol.
410
Dec. 9 (31) From the Minister in Siam (tel.)
Approval by the Foreign Minister of the U. S. Government’s action, but nonintention of making any further statement until so instructed by the King.
411
Dec. 10 (42) From the Chargé in Sweden (tel.)
Opinion of the Foreign Minister that, in view of the present Sino-Soviet negotiations, action by the Swedish Government would serve no useful purpose.
411
Dec. 10 From the Yugoslav Minister
Request that the U. S. Government take steps to make a declaration to the Chinese and Soviet Governments on behalf of the Yugoslav Government, on account of the latter’s having no diplomatic relations with those Governments.
411
Dec. 10 (1120) From the Chargé in China (tel.)
From Harbin, December 9: Information that Chinese officials of the railway are dejected and that it would appear that the Chinese authorities in general are willing to grant any Soviet demands in order to restore normal conditions in North Manchuria.
412
Dec. 10 (85) From the Chargé in Poland (tel.)
Understanding that the Polish Government feels that no useful purpose would be served in addressing notes to the Chinese and Soviet Governments.
412
Dec. 10 (59) From the Minister in Czechoslovakia (tel.)
Dispatch by President Beneš of communications to the Chinese and Soviet Governments stating adherence to the U. S. Government’s point of view.
413
Dec. 10 (118) From the Chargé in Switzerland (tel.)
Information that, while the Swiss Government concurs in the action of the U. S. Government, it cannot make official representations; Swiss communiqué setting forth this view (text printed), to be issued to the press or to be regarded as an oral response to the Chargé’s oral representations, whichever the Department should prefer.
413
Dec. 10 (18) From the Ambassador in Turkey (tel.)
Statement by the Foreign Office for release to the press (text printed), setting forth Turkish views concerning U. S. Government’s action; Ambassador’s opinion that the statement is of a biased and unsatisfactory nature because of the Foreign Minister’s leanings toward Russia.
414
Dec. 11 (72) From the Chargé in Spain (tel.)
Information that the Spanish Government had been prepared to follow the U. S. course of action until the Soviet reply was published, but is now convinced that any communication to the Soviets would not only do no good but might do harm.
415
Dec. 11 (172) From the Chargé in Chile (tel.)
Statement by the Foreign Minister (text printed), expressing interest in U. S. action in the Sino-Soviet difficulty; information that the Foreign Minister has now decided not to send a statement to the Chinese Government.
416
Dec. 11 (19) From the Chargé in Bulgaria (tel.)
Dispatch by the Bulgarian Government of instructions to its representative in Paris to inform the Chinese Legation and the Soviet Embassy that the Bulgarian Government associates itself with the views of the U. S. Government and other protesting powers.
416
Dec. 12 Memorandum by the Assistant Secretary of State
Conversation with the Netherlands Minister, December 10, in which the Minister stated that the U. S. Government’s declaration proved the reliability of the Pact of Paris.
417
Dec. 12 (16) From the Minister in the Irish Free State (tel.)
Decision of the Irish Free State to send no communication to the Chinese and Soviet Governments since, in view of the Soviet reply, such representations would serve no useful purpose.
417
Dec. 12 (1129) From the Chargé in China (tel.)
From Harbin, December 11: Departure of Mukden representatives for Habarovsk.
From Harbin, December 11: Information that the Mukden representatives are delayed near Pogranichnaya.
418
Dec. 12 (44) From the Minister in Austria (tel.)
Austrian memorandum (text printed), expressing conviction that the motive of the declaration by the U. S. and other Governments was to take all measures to apply the high ideals of the Pact of Paris.
418
Dec. 12 (1135) From the Chargé in China (tel.)
From Nanking, December 11: Confirmation by the Foreign Minister of press reports concerning settlement of the railway controversy, and additional advice that the Chinese and Soviet Governments had agreed that the former Soviet general manager was not to be reinstated.
419
Dec. 12 Memorandum by the Secretary of State
Conversation with the Polish Minister in which the Minister stated that although it was felt it would now be unwise to send a message to the Chinese and Soviet Governments, his Government was in entire sympathy with the action taken by the U. S. Government.
419
Dec. 13 (60) From the Minister in Czechoslovakia (tel.)
Information from the Rumanian Foreign Minister, while he was in Prague, that the Polish Government had requested him to delay Rumanian representations to the Chinese and Soviet Governments for concerted action with Poland and the Baltic States but that the Foreign Minister had already instructed Bucharest to associate its action with U. S. action.
420
Dec. 13 (44) From the Minister in Portugal (tel.)
Advice that the Foreign Minister feels that the opportunity to act has passed and debates the wisdom of now sending a statement.
420
Dec. 13 (143) To the Chargé in Switzerland (tel.)
Desire that the Swiss Government make public the communiqué quoted in telegram No. 118, December 10.
(Footnote: Publication set for December 16.)
421
Dec. 14 (99) From the Ambassador in Italy (tel.)
Note from the Albanian Legation containing notes for the Chinese and Soviet Governments (texts printed), which the Albanian Government requests the U. S. Government to forward.
421
Dec. 14 (21) From the Minister in Norway (tel.)
Opinion of the Norwegian Government that, in view of Sino-Soviet agreement, the suggested representations would seem inopportune.
421
Dec. 14 From King Tafari Makonnen of Ethiopia to President Hoover (tel.)
Concurrence in U. S. declaration and authorization to communicate this view to the Chinese and Soviet Governments.
422
Dec. 15 (1151) From the Chargé in China (tel.)
From Harbin, December 13: Arrival of Mo Te-hui, reported appointed Chinese chief delegate to Sino-Soviet conference; departure of certain American and other consular officers and newspapermen via special car in endeavor to go as far west as possible to ascertain welfare of non-Russian foreigners in the Hailar region; assumption that the Mukden representatives have met the Soviet delegates.
422
Dec. 17 (1159) From the Chargé in China (tel.)
From Harbin, December 16: Arrival of consular and press representatives at Mientuho, beyond which Chinese authorities have no control: report that railway appears to be in good order to Manchuria Station and that situation there is quiet.
422
Dec. 18 (1160) From the Chargé in China (tel.)
From Harbin, December 17: Refusal of railway administration to take responsibility of dispatching the international car beyond Mientuho; observation that this is strong indication that Barga is no longer under Chinese control.
423
Dec. 18 (55) From the Chargé in Persia (tel.)
Inability of Persian Government to join in protest by the powers.
423
Dec. 18 (1166) From the Chargé in China (tel.)
From Harbin, December 17: Gist of the agreement signed at Habarovsk, as reported in the press.
424
Dec. 18 (1167) From the Chargé in China (tel.)
From Harbin: Information that the international car has been ordered by the Chinese military command to return to Buketu.
424
Dec. 19 (101) From the Minister in Latvia (tel.)
Opinion of Latvian Government that any communication on its part would be inopportune now that the Chinese and Soviet Governments are engaged in direct negotiations.
424
Dec. 20 (1171) From the Chargé in China (tel.)
From Harbin, December 19: Advice that the consular party is anxious to proceed to Yakeshi, where a motorcar for the trip to Hailar can be procured, but that Chinese military command is putting obstacles in the way.
425
Dec. 21 (1179) From the Chargé in China (tel.)
From Harbin: Expected return to Harbin of consular party, as Chinese military command at Buketu has refused to permit them to proceed; likelihood that there is some difficulty in the Sino-Soviet negotiations, possibly on account of alleged occupation of Barga by Red forces.
425
Dec. 23 (104) From the Minister in Latvia (tel.)
Estonian aide-mémoire, December 20 (text printed), stating that, in view of the direct negotiations now proceeding between the Chinese and Soviet Governments, the Estonian Government sees no advantage in issuing a statement.
426
[Dec. 23?] Statement by the Soviet Commissariat for Foreign Affairs
Announcement of protocol signed at Habarovsk, December 22, for settlement of the Sino-Soviet difficulties (text printed).
426
Dec. 24 (1189) From the Chargé in China (tel.)
From Harbin, December 22: Information that the international party returned to Harbin and that their trip was undoubtedly blocked by Chinese military on purpose; report that sound of airplanes and gunfire have still been heard at Yakeshi; also, that no preparations are being made by the military to clear the railway west of that point of irregulars or brigands.
429
Dec. 26 Memorandum by the Secretary of State
Conversation with the French Ambassador in which the Ambassador advised that when the French Ambassador in Moscow presented the Rumanian statement to the Acting Foreign Commissar, the latter refused to receive it and then took it and tore it up.
430
Dec. 27 (106) From the Minister in Latvia (tel.)
Decision of Lithuanian Government to take no action in the Sino-Soviet dispute.
430
Dec. 27 (1192) From the Chargé in China (tel.)
From Harbin, December 27: Arrival of Chinese and Soviet party from Habarovsk and departure for Mukden to meet Marshal Chang.
430
Dec. 28 (1195) From the Chargé in China (tel.)
From Harbin: Report that there are many cases of measles, relapsing fever, and smallpox among Russian refugees, and that consular corps has urged Chinese authorities to take measures against further spread of these diseases.
430
Dec. 28 (1196) From the Chargé in China (tel.)
Notification by Soviet Foreign Office to Japanese Embassy in Moscow that all troops in Manchuria were withdrawn on December 23.
431
Dec. 30 (1586) From the Chargé in Bulgaria
Information that the Soviet Embassy in Paris refused to accept the Bulgarian Minister’s communication, and that the Soviet Chargé returned the communication to the Bulgarian Minister with a note (text printed) explaining that in the absence of official relations he could not receive or transmit the communication.
431
Dec. 31 (1206) From the Chargé in China (tel.)
From Harbin, December 30: Advice that the Chinese general manager handed over charge of the railway to the former Chinese assistant manager, in order to avoid direct handing over to the new Soviet manager.
432
1930 Jan. 2 (2) From the Chargé in China (tel.)
From Harbin, December 31: Return of Sino-Soviet party to Harbin.
From Harbin, December 31: Information that the Soviet prisoners have been liberated; also, that a meeting of the new board of directors was held and that the new Soviet general manager and assistant manager assumed chargé of administration of the railway.
432
Jan. 2 (336) From the Minister in Rumania
Statement issued by the Foreign Minister (text printed), commenting on the refusal of the Soviet Foreign Commissar to receive the Rumanian note.
432
Jan. 4 (19) From the Chargé in China (tel.)
From Harbin, January 3: Reappointment by Soviet general manager of former Soviet heads of departments who were discharged by Chinese authorities.
From Harbin, January 4: Information that Soviet Consul General assumed charge of the local Soviet Consulate General on January 2.
434
Jan. 6 (264) To the Chargé in Albania
Note for the Foreign Minister (text printed), advising that the situation which prompted U. S. action has materially changed due to progress of Sino-Soviet negotiations, and that the situation does not seem to require that further communications be sent at the present time.
(Footnote: Similar information was communicated in a note to the Yugoslav Minister; also in instruction to the American Minister in Ethiopia.)
434
[Page LIV]

Measures Taken by the United States for the Protection of American Lives and Property in China

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Date and number Subject Page
1929 Jan. 4 (109) From the Consul at Foochow to the Minister in China
Note from the Dean of the Consular Corps to the Provincial Administrative Council of Fukien, December 31, 1928 (text printed), protesting against antiforeign demonstrations and requesting that action be taken to repress such demonstrations.
435
Jan. 17 Memorandum by the Counselor of Legation in China
Conversation with the Foreign Minister at Nanking in which the Foreign Minister declared that it was the policy of the National Government to effect the complete restoration of all foreign properties occupied by the Chinese.
436
Jan. 23 (48) From the Minister in China (tel.)
From Shanghai, January 19: Notification from Woosung Fort (text printed) that passing foreign vessels must submit to inspection; request for instructions.
To Shanghai: Information that the matter will be discussed in the diplomatic body; authorization to make informal representations to the Commissioner for Foreign Affairs, pointing out that under extraterritoriality provisions American merchant vessels are not subject to detention and search by military authorities, and also that under existing treaties U. S. naval vessels may not be in any way obstructed or detained in the carrying out of their official duties.
437
Jan. 24 (31) To the Minister in China (tel.)
Instructions to investigate reported capture by bandits of the Reverend Edward Young and to direct the Counselor of Legation, temporarily at Nanking, to bring the matter to the attention of the Nationalist Government.
438
Jan. 25 (52) From the Minister in China (tel.)
From Hankow, January 24: Information that the Reverend Edward Young is being held by Communists for ransom; also, that the Consul General has made direct representations to Nanchang and suggests that action be taken with the Nanking Government.
To the Counselor of Legation, Nanking: Instructions to take up matter with the Foreign Minister.
439
Jan. 26 (35) To the Minister in China (tel.)
Approval of telegram sent to Shanghai, January 23.
439
Feb. 1 (76) From the Minister in China (tel.)
From Canton, January 31: Information that the Reverend Edward Young and a German missionary and family have been captured by Communist bandits; also, that the Consul General has requested local authorities to render all possible assistance.
From Canton, January 31: Advice that news that bandits have released the German missionary and family leads to the hope that the American priest may soon be liberated.
(Footnote: Promise by the Vice Minister for Foreign Affairs, January 26, to take immediate steps for the Reverend Edward Young’s release.)
439
Feb. 4 (84) From the Minister in China (tel.)
From Hankow, February 3: Information that the American priest and the German missionary and family have been released.
440
Mar. 11 (166) From the Minister in China (tel.)
From Nanking, March 9: Request for permission, in the event certain suggested contingencies develop, to issue general advice to Americans to withdraw from Nanking.
To Nanking: Authorization as requested.
440
Mar. 13 (93) To the Minister in China (tel.)
Approval of instructions sent to Nanking, March 11; authorization, in the event of emergency at Nanking or other consular posts, to instruct consular officers concerned to send their families temporarily to nearby places of safety.
441
Mar. 19 (660) From the Consul General at Hankow to the Minister in China
Information concerning American property still occupied by Chinese authorities.
441
Mar. 21 (197) From the Minister in China (tel.)
From Canton, March 20: Receipt of telegram from Bishop O’Shea at Kanchow stating that there is a Communist uprising in southern Kiangsi, several localities being burned and missionaries forced to flee; information that the Consulate General has requested local military authorities to issue orders to render assistance.
Advice that the telegram from Canton is being repeated to the Consul General at Hankow, with instructions to make a like request to the appropriate military authorities.
442
Mar. 25 (213) From the Minister in China (tel.)
From Hankow, March 22: Telegram from Bishop O’Shea appealing for protection of life and property (text printed); renewal by Consul General of request for assistance of Kiangsi authorities.
From Canton, March 23: Report from Bishop O’Shea that Americans and other foreigners are still safe but that situation is dangerous.
From Foochow, March 23: Doubt that within the next week any local developments will arise which would seriously affect the safety of Foochow.
442
Mar. 25 (215) From the Minister in China (tel.)
From Chefoo, March 23: Desire for retention of U. S. S. Trenton at Chefoo, in view of possibility of trouble.
Information that this telegram was repeated to the commander in chief of the Asiatic Fleet with a recommendation that a naval vessel be left at Chefoo pending outcome of the present situation.
443
Mar. 26 (104) To the Minister in China (tel.)
Concern of Sisters of Charity of St. Vincent de Paul regarding staff at Kanchow, Kiangsi. Instructions to direct appropriate consuls to obtain information; also instructions to make such representations to the Nanking authorities as may be considered advisable.
444
Mar. 28 (791) From the Consul General at Canton to the Minister in China
Transmittal of correspondence between the Consulate General and representatives of the American Catholic Mission in Kwangtung Province concerning intervention of a member of the mission in a case in Chinese courts affecting certain native converts. Information that the Consulate General advised that missionaries should refrain from interfering in judicial proceedings involving only Chinese interests.
(Footnote: Reply by the Legation, April 15, approving position taken by the Consulate General.)
445
Mar. 28 (231) From the Minister in China (tel.)
From Nanking, March 27: Information that, in view of reports of continued reverses of Government forces, the Consul is warning Americans in his district to be prepared to receive advice for a general evacuation.
Repetition of this information to the commander in chief of the Asiatic Fleet, with renewal of Legation’s urgent telegraphic request of March 26 (text printed) for dispatch of a U. S. naval vessel to Nanking.
445
Apr. 1 (254) From the Minister in China (tel.)
Execution of instructions contained in Department’s telegram No. 104 of March 26.
From Nanking, March 31: Information that the Vice Minister of Foreign Affairs stated that communications with Kiangsi appeared to be broken but that somehow the Government would take all steps possible to protect American life and property.
446
Apr. 6 To the Vice President of the United Christian Missionary Society at Indianapolis
Opinion that an attempt to maintain American missionaries at Batang, Szechwan, will be attended with great difficulty and with risk to the missionaries themselves.
447
Apr. 7 (267) From the Minister in China (tel.)
From Canton, April 1: Opinion that Bishop O’Shea and all Americans in south Kiangsi should be advised to leave.
To Canton: Instructions to use own discretion with regard to giving the advice suggested.
447
Apr. 8 (L–64) From the Consul at Nanking to the Minister in China
Continued occupation of American mission property at Showchow by the local Kuomintang chapter.
448
Apr. 9 (270) From the Minister in China (tel.)
Advice from the Foreign Minister, April 3, that Kiangsi authorities had been instructed to investigate the situation and accord adequate protection to American citizens.
From Canton, April 8: Intention to advise Bishop O’Shea that he and other Americans in southern Kiangsi should leave because situation will probably grow much worse with arrival of defeated Kwangsi troops.
448
Apr. 11 (274) From the Minister in China (tel.)
From Hankow, April 10: Telegram from Bishop O’Shea (text printed) stating that the Communist army is approaching, that reinforcements are several days away, that the city is preparing for siege, and requesting that Nanchang authorities be urged to take prompt action. Information that the Nanchang authorities and Chiang Kai-shek have been requested to send sufficient troops to protect American lives and property, and that the Consul General concurs in Consul General Jenkins’ recommendation to Bishop O’Shea to withdraw.
From Canton, April 10: Similar telegram from Bishop O’Shea (text printed).
449
Apr. 13 To the Secretary of the International Missionary Council at New York
Telegram from the Consul at Chefoo, April 4 (excerpt printed), urging that pressure be brought through the home organizations on American missionaries who persist in remaining when advised to withdraw; request that mission organizations be notified of view of the Department of State that Americans should act in accordance with advice given by the consuls.
449
Apr. 15 (279) From the Minister in China (tel.)
From Canton: Information that no reply has been received to communications to Bishop O’Shea requesting him to advise Americans to withdraw; opinion that Cantonese authorities are unable to send assistance.
Repetition of this information to Hankow, with authorization to renew representations to Chiang Kai-shek for prompt action in protecting American lives and property.
450
Apr. 15 (282) From the Minister in China (tel.)
To Hankow, April 12: Request for comments on telegram from the commander in chief, April 10 (text printed), stating intention to withdraw U. S. S. Helena from Hankow.
From Hankow, April 13: Opinion that situation is so uncertain that naval vessel should be kept at Hankow.
Repetition to the commander in chief of reply from Hankow, with expression of concurrence in judgment expressed therein.
450
Apr. 15 (1175) To the Minister in China
Approval of Legation’s instruction to the Vice Consul at Yunnanfu, February 21, to the effect that he has the responsibility for making decisions in the matter of issuance of travel passes to American citizens.
451
Apr. 20 (298) From the Minister in China (tel.)
From Hankow, April 19: Recurrence of firing upon foreign ships between Shasi and Ichang.
452
Apr. 22 (303) From the Minister in China (tel.)
From Hankow, April 21: Request to Chiang Kai-shek that relief be sent to Taoyuan, where situation is reported to be desperate; departure of British Consul and naval guard to render assistance to foreigners at Changteh.
452
Apr. 29 (1199) To the Minister in China
Instructions for preparation by American citizens and firms of claims for damages suffered in Shantung during the Tsinan incident.
453
Apr. 30 From the American Minister in China to the British Minister in China
Expression of appreciation for assistance rendered by British Consul and naval party in evacuating two Americans from Changteh.
454
May 9 From the Consul General at Canton (tel.)
Report of efforts of foreign consuls and naval officers to avert threatening situation caused by three pro-Kwangsi gunboats which sought shelter from Government airplane bombardment by anchoring amidst foreign merchant vessels and refused to surrender.
454
May 11 From the Consul General at Canton (tel.)
Details of successful efforts of the consuls and naval officers to induce the gunboats to surrender.
455
May 14 (159) To the Minister in China (tel.)
Authorization to inform the Consul General at Canton of the Department’s commendation for the manner in which the incident of the gunboats was handled.
456
May 18 (397) From the Minister in China (tel.)
From Canton, May 17: Issuance of telegraphic advice to American women and children to depart to Hongkong, in view of expected attack on Wuchow, and request to commander of the South China Patrol for dispatch of the U. S. S. Guam to assist in the evacuation.
457
May 18 (400) From the Minister in China (tel.)
From Swatow, May 17: Request for presence of U. S. warship, in view of possibility of disorders at Swatow.
Repetition of message to the commander in chief, with expression of concurrence.
457
May 19 (401) From the Minister in China (tel.)
From Canton, May 18: Information that Canton Government plans to close West River to merchant shipping and foreign warships for the next 14 days, when it hopes to capture Wuchow, but that it will permit evacuation of foreigners and allow passage of one gunboat to and from Wuchow for the purpose.
Repetition of this information to the commander, South China Patrol.
457
May 22 (32) From the Consul at Tsinan to the Minister in China
Report that the looting and damaging of mission property at Loan and Showkwang has been brought to attention of the Commissioner for Foreign Affairs with the request that the Shantung authorities take immediate steps to protect American property and prevent recurrence of similar depredations.
458
May 23 (414) From the Minister in China (tel.)
From Canton, May 22: Notification to Commissioner of Foreign Affairs that, while the powers will conform as far as practicable to the wishes of the Chinese authorities, their warships must continue to perform their duties as authorized under the treaties and that, should difficulties result in respect to either warships or merchantmen, the responsibility will rest with the Chinese authorities; desire for suggestions as to how merchant ships can meet the emergency.
To Canton: Approval of action taken; information that if blockade continues unduly and American merchant shipping becomes acutely affected, the Legation will give further consideration to the question.
459
May 24 From the Consul General at Canton (tel.)
Information that 6 Americans left Wuchow on the U. S. S. Guam and that apparently about 30 Americans have remained in spite of warnings.
460
May 28 (426) From the Minister in China (tel.)
From Amoy, May 27: Report that Communist force raided American mission at Lungyenchow, May 23, taking Dr. C. H. Holleman with them when they retired from the city; also, that Consul has asked authorities to secure Dr. Holleman’s release and is endeavoring to inform General Chang Chen through the American Consul at Swatow.
Repetition of this report to Nanking with instructions to request the assistance of the Foreign Minister in effecting Dr. Holleman’s release.
460
May 29 (431) From the Minister in China (tel.)
From Swatow, May 28: Arrival of the U. S. S. Tulsa, May 21; probability that General Chang Chen will make a general attack on the Kwangsi forces immediately.
461
May 31 (437) From the Minister in China (tel.)
From Swatow, May 30: Departure of the Tulsa from Swatow; request for instructions whether to attempt to see General Chang Chen personally regarding Dr. Holleman; suggestion that the Tulsa return immediately to Swatow.
To Swatow: Instructions to make every effort to reach Chang by special messenger or other means.
Repetition of these telegrams to the commander in chief.
462
June 1 (439) From the Minister in China (tel.)
From Amoy: Advice that Dr. Holleman is at Engteng, that the mission is trying to arrange ransom, that his death may result if any attempt is made to use force, and that local authorities promise every assistance to secure his release.
Repetition of message to Nanking with instructions to push representations to Foreign Minister for Holleman’s immediate release.
Repetition of message to Swatow with instructions to refrain from representations to General Chang Chen.
Information to Amoy of action taken.
463
June 3 (441) From the Minister in China (tel.)
From Swatow, June 1: Request for permission to comply with appeal of Commissioner of Public Safety that he be granted temporary asylum in the Consulate when Swatow is taken by the Cantonese.
To Swatow: Opinion that the granting of the permission requested would constitute a dangerous precedent; willingness of Legation to request dispatch of war vessel to Swatow if Consul considers local situation threatens safety of American lives and property.
463
June 3 From the Consul General at Canton (tel.)
Unopposed occupation of Wuchow by Cantonese naval forces, and immediate reopening of river to navigation.
464
June 5 (447) From the Minister in China (tel.)
From Amoy, June 4: Information that Dr. Holleman has escaped and is making his way to Swatow; also, that Chinese authorities and the consulates are endeavoring to render any assistance possible.
(Footnote: Notification of Dr. Holleman’s safe arrival at Amoy in telegram No. 501, June 24, from the Minister in China.)
464
July 17 (L–764) From the Consul General at Hankow to the Minister in China
Suggestion that the Legation request of the National Government a number of proclamations, bearing the seal of the commander in chief of the army, navy, and aerial forces, forbidding the occupancy of American property by Chinese soldiers.
465
Aug. 6 (1190) From the Consul General at Hankow
Observations on the occupation of American mission property in recent months and the extent to which the practice has been permitted to flourish under the National Government.
466
Aug. 7 (L–785) From the Consul General at Hankow to the Minister in China
Suggestion that the Foreign Minister may wish to make a public pronouncement of the National Government’s policy to restore to the owners all foreign-owned property; information that conditions with respect to the occupation of American property by Chinese soldiers and officials are extremely deplorable and show no improvement.
470
Sept. 3 (2329) From the Minister in China
Opinion that initiative in the matter of claims for losses sustained by American citizens should not rest exclusively with the Department of State and that American citizens cannot divest themselves of the responsibility of deciding themselves whether they wish to prepare and have filed claims for losses incurred by them; request for Department’s views.
(Footnote: Concurrence in these views by the Department in instruction No. 1401, November 15.)
471
Sept. 12 (867) From the American Minister in China to the Chinese Minister for Foreign Affairs
Protest against the unauthorized boarding and search by Shanghai military authorities of a vessel belonging to the American-owned Yangtze Rapids Steamship Co.; request for investigation of incident, punishment of military authorities involved, and issuance of instructions to prevent such illegal activities in the future.
472
Sept. 24 (870) From the Consul General at Canton to the Minister in China
Receipt of notice from the Commissioner of Foreign Affairs asking that foreigners be warned not to proceed to the interior without first consulting the responsible Chinese authorities; request to be advised what position the Legation should assume in connection with notices of this sort.
472
Sept. 25 From the Consul in Charge at Swatow to the Minister in China
Capture by Communists of the city of Shanghang and destruction of American mission property.
473
Sept. 30 General Order No. 3–29 of the United States Asiatic Fleet on “The Policy of the Fleet”
Statement of the general naval policy of the United States and policy of the units of the Navy on duty in China, together with specific instructions governing the employment of naval forces if required to protect American interests.
475
Oct. 1 (L–842) From the Consul General at Hankow to the Minister in China
Information that the total of foreign missionaries murdered in the consular district is now 7, including 3 Americans; advice that the Consul General has warned missionaries returning to the interior of the dangers which may confront them.
477
Oct. 1 (61) From the Vice Consul at Tsinan to the Minister in China
Information that American mission property at Ichowfu and Yihsien is occupied by Chinese troops and that the Vice Consul has notified the Shantung authorities and demanded immediate evacuation of the premises; request for opinion whether missionaries should be permitted to continue to communicate directly to the Foreign Minister concerning cases of occupation.
477
Oct. 2 (852) From the Minister in China (tel.)
From Canton, October 1: Request by Americans at Wuchow that gunboat be sent for their protection.
Repetition of the message to the commander in chief.
(Footnote: Information that the Mindanao arrived at Wuchow on October 5 and that a destroyer was expected at Canton.)
478
Oct. 8 (867) From the Minister in China (tel.)
From Hankow: Firing by Chinese troops on Yangtze Rapids vessel at a point 219 miles above Hankow; advice that Consul General has lodged official protest.
479
Oct. 9 From the Minister in China to the Vice Consul at Tsinan
Opinion that no objection should be interposed if missionaries desire to take up cases of occupation of their premises direct with the Foreign Minister, but that they should be advised that such action might prejudice the Vice Consul’s freedom of action in the matter.
479
Oct. 9 From the Minister in China to the Consul General at Canton
Nonobjection to Americans consulting local authorities before venturing into the interior; instructions, however, that in replying to the Commissioner for Foreign Affairs the Consul General should state his desire to be kept informed of conditions in the interior and also to state that the right of Chinese authorities either to authorize or forbid travel by American citizens cannot be admitted.
480
Oct. 12 (881) From the Minister in China (tel.)
Information that foreign steamship lines have been approached by military authorities at Chungking in regard to submitting bids for transporting troops; request for instructions concerning the advice to be given American shipping companies.
481
Oct. 14 (333) To the Minister in China (tel.)
Authorization to advise American shipping companies that the degree of protection the U. S. Government can afford them in their normal activities will be adversely affected to the extent that they allow themselves to become involved in Chinese military operations.
481
Oct. 17 (6195) From the Consul General at Shanghai to the Minister in China
Statement (text printed) concerning the increase in murders of foreigners and the apparent inability of the National Government to counteract the activities of organized bandit gangs.
482
Oct. 25 From the Minister in China to the Consul General at Shanghai
Acknowledgment of receipt of communication from the commander of the Yangtze Patrol which states that protection will not be afforded to American vessels which contract to transport Chinese troops, arms, ammunition, or any noncommercial article such as opium; résumé of Department’s instructions regarding attitude toward possible involvement of American shipping companies in Chinese military operations, and authorization to inform them in this sense if it should become necessary; reference to the Department of the question of transporting noncommercial articles such as opium.
483
Oct. 26 (282) To the Ambassador in Great Britain (tel.)
Instructions to express to the British Government the thanks of the U. S. Government for the action of H. M. S. Cricket in taking on board the Americans who were at Wuhu on October 18 when the city was in line of fire of opposing Chinese forces.
483
Nov. 1 (L–97) From the Consul at Nanking to the Minister in China
Observation that the foreign properties now occupied are held by civilian or semi-official organizations, with the exception of two properties re-occupied by troops.
484
Nov. 9 (63) From the Consul General at Hankow (tel.)
Information that the Reverend Mathias Kreutzin, an American citizen, has been captured by bandits and is being held for ransom, and that the Consul General has taken up the case with the Chinese authorities.
(Footnote: Instructions by the Department in telegram No. 370, November 12, to report steps taken and results achieved looking toward release of Father Kreutzin.)
484
Nov. 12 (64) From the Consul General at Hankow (tel.)
Information that Chinese authorities have sent a military expedition to secure release of Father Kreutzin; also, that 10 or 12 American missionaries are now concentrating at Hwashihkang, to which place the U. S. S. Panay is en route.
(Footnote: Telegram from the Minister in China, No. 996 of November 14, reporting that he had requested the Minister of Foreign Affairs to make every effort to effect the release of Father Kreutzin.)
484
Nov. 12 (892) From the Consul General at Canton to the Minister in China
Transmittal of Consulate General’s reply of October 23 to the Commissioner of Foreign Affairs regarding warning to foreigners not to proceed to the interior without first consulting Chinese authorities, and latter’s reply of November 7; assumption that, as the Commissioner says nothing more about the necessity of obtaining “permission” from the local authorities, the correspondence may be allowed to rest where it stands.
485
Nov. 14 (1399) To the Minister in China
Approval of instructions to the Consulate at Tsinan, October 9.
485
Nov. 17 (67) From the Consul General at Hankow (tel.)
Information that bandits have reduced amount of ransom demanded for Father Kreutzin’s release, and that Catholic Fathers feel confident that he will be released in a few days.
(Footnote: Report by telegram No. 73, December 2, of the release and safe arrival at Tayeh of Father Kreutzin.)
486
Nov. 19 From the Consul General at Canton (tel.)
Receipt of official notification that West River is to be blockaded November 21 and closed to all shipping; information that the Consul General is taking the same attitude as adopted in May and is informing the U. S. S. Mindanao, which is en route to Wuchow; advice that the U. S. S. Helena is in port.
486
Nov. 20 From the Consul General at Canton (tel.)
Issuance by Chinese military authorities of orders to release Standard Oil Co. lighter Denver which was commandeered at Wuchow on November 17.
487
Nov. 21 From the Consul General at Canton (tel.)
Report from the Mindanao at Wuchow that Standard Oil Co. lighter Denver has been released and company’s premises cleared of troops; also, that Cantonese troops have withdrawn, that the city will remain without protection until the Kwangsi forces arrive, and that the Mindanao will remain at inner Wuchow for the present.
487
Nov. 22 (1030) From the Chargé in China (tel.)
Commander in chief’s instructions to naval vessels in South China to disregard West River restrictions and to operate at their discretion.
Telegram from the Foreign Minister, November 21 (text printed), giving nature of the West River restrictions.
The Chargé’s intention to reply that Consul General at Canton is being instructed to make it clear that U. S. naval vessels must continue performance of their duties as authorized under treaties and that, should they be interfered with and difficulties result to either naval vessels or merchantmen, responsibility will rest with the Chinese authorities.
488
Nov. 22 From the Consul in Charge at Swatow to the Minister in China
Looting by communists of American mission at Shak Chin, Kwangtung, on November 1.
489
Nov. 23 From the Consul General at Canton (tel.)
Request to commander of Mindanao at Wuchow that he advise Americans to leave if possible, in view of announced intention of Cantonese authorities to bomb Wuchow from the air; warning to Cantonese that U. S. Government will expect that every precaution be taken to avoid harm to Americans and their property.
489
Nov. 26 From the Consul General at Canton (tel.)
Advice that Cantonese admiral promised that instructions would be given to avoid American property in Wuchow and was pleased to know that American-owned property would be marked by American flags spread on roof.
Repetition of this information to the Mindanao at Wuchow.
490
Nov. 26 From the Consul General at Canton (tel.)
Information that Cantonese airplanes bombed Wuchow from the air, with no damage to foreign persons or property.
490
Nov. 26 (388) To the Chargé in China (tel.)
Instructions that note to Foreign Ministry should emphasize intention of American naval authorities to conform to the wishes of Chinese authorities regarding navigation of West River as far as may be compatible with duties performed by the former under authorization of the treaties.
490
Nov. 28 (1050) From the Chargé in China (tel.)
Information that the Chargé’s reply to the Foreign Minister will use the phraseology contained in Department’s telegram No. 388 of November 26, and will be telegraphed to the commander in chief and to the Consul General at Canton.
491
Dec. 3 (1070) From the Chargé in China (tel.)
Instructions to the Consul at Nanking to deliver to the Foreign Minister a note (text printed), requesting, in view of capture by bandits of cities near Kanchow, Kiangsi, that steps be taken to protect American citizens at Kanchow.
491
Dec. 4 From the Consul General at Canton (tel.)
Arrival of the Mindanao at Canton, December 3, and report that all American missionaries on West River are safe.
492
Dec. 4 (1076) From the Chargé in China (tel.)
Advice that, in response to communication from the Foreign Ministry stating that time limit for the blockade of West River is to be extended and requesting that American warships and merchantmen be instructed to refrain from navigation, the Chargé stated that the American authorities would be informed but re-affirmed the position taken in the Legation’s recent note.
492
Dec. 5 (1092) From the Chargé in China (tel.)
To the commander in chief: Telegrams from the Consul at Nanking (texts printed) reporting that the Government is making large-scale preparations to deal with mutinous troops near Pukow and recommending the advisability of having an American naval vessel at Nanking; the Chargé’s concurrence in the recommendation.
(Footnote: Dispatch of U. S. S. Tulsa to Nanking.)
492
Dec. 7 (1099) From the Chargé in China (tel.)
From Hankow, December 6: Existence of tense situation at Ichangdue to movement of rebellious troops in that direction; information that American and other foreign gunboats are standing by; also that U. S. S. Guam was fired on below Ichang the previous day.
493
Dec. 7 (1101) From the Chargé in China (tel.)
From Hankow, December 5: Advice that shipping is being heavily fired upon between Ichang and Itu, and that the Guam will escort American ships through the danger zone.
493
Dec. 8 (1107) From the Chargé in China (tel.)
To the commander in chief: Opinion that, if situation in the Yangtze region should result in local disorders and Chinese authorities cannot give adequate protection, Americans should be advised to withdraw to places where they can be protected or from which they may be evacuated.
494
Dec. 9 (1110) From the Chargé in China (tel.)
From Nanking, December 8: Information that the Consul has advised American women and children to withdraw, that a number have departed for Shanghai, and that the Tulsa has arrived.
Repetition of this information to the commander in chief.
494
Dec. 9 (1112) From the Chargé in China (tel.)
Plan of commander in chief to leave Manila for Shanghai on December 11; dispatch of destroyer division to Chinese ports.
494
Dec. 9 (1420) To the Chargé in China
Information that the withholding of American naval protection from American vessels contracting to carry opium is in conformity with Sino-American treaties and American legislation; also, that there appears to be no objection to the withholding of such protection from vessels engaged in the transport of arms and munitions.
495
Dec. 10 (1119) From the Chargé in China (tel.)
From Shanghai, December 9: Decision of Consul General to reply to inquiries by stating that conditions throughout China are unsettled and that, while he knows of no concrete instance that would justify advising withdrawal from Soochow and Wusih to Shanghai, he dislikes to accept the responsibility of being the authority for the retaining at those places of women and children.
495
Dec. 11 To the British Ambassador
Information, in response to inquiry regarding measures contemplated or taken for the protection of American nationals in China, that it is U. S. policy to evacuate citizens from places of danger to places where they may be adequately protected and that no steps have been taken to add materially to the armed forces in China; memorandum showing distribution of U. S. land and naval forces in China (text printed).
496
Dec. 12 (1130) From the Chargé in China (tel.)
From Nanking, December 11: Intention of evacuating Consulate and withdrawing all Americans in the event of an emergency.
To Nanking: Approval of plan; repetition to Department of Consul’s telegram and Legation’s reply, and information to the commander in chief.
(Footnote: Approval by Department in telegram No. 412 of December 12, of plan for evacuation of Consulate and withdrawal of Americans.)
497
Dec. 13 From the Consul General at Canton (tel.)
Absence of intimation of reopening of navigation on West River; departure of British gunboat for Wuchow with food for foreigners.
498
Dec. 14 (1147) From the Chargé in China (tel.)
From Shanghai, December 11: Desire for approval of communication from the Consulate General to the senior American naval officer at Shanghai (text printed) suggesting that a naval vessel be anchored in front of the Shanghai Power Co. as a precautionary measure, particularly since the passing of that company to American ownership transfers the responsibility of protecting the light and power from an international to a single-power responsibility.
From Shanghai, December 12: Observation that proposed berthing would not be unusual, as warships have frequently anchored there even during normal times.
Information that the commander in chief is being advised and that the Chargé concurs in the views of the Consul General.
498
Dec. 14 Memorandum by the Assistant Secretary of State
Conversation with the Japanese Ambassador concerning British inquiries to both the U. S. and Japanese Governments as to measures contemplated for the protection of nationals in the present crisis in China.
499
Dec. 18 (419) To the Chargé in China (tel.)
Information that Department does not disapprove the suggestion that an American naval vessel be anchored near the Shanghai Power Co., but believes that the duty of protecting this plant, along with other properties within the Settlement, rests first and primarily upon the Administration of the Settlement.
500
Dec. 19 From the Consul General at Canton (tel.)
Occupation of Wuchow by Cantonese forces and reopening of West River to traffic.
500
Dec. 23 (1181) From the Chargé in China (tel.)
The Chargé’s interpretation of the meaning of the comments contained in telegram of December 11 from the Consul General at Shanghai.
Telegram from the commander in chief (text printed), stating that he informed the Consul General that it would be inadvisable to establish a precedent that the Navy was primarily responsible for protection of public works as such, and is of opinion that the matter is broader than the question of protection of American property.
Comments by the Chargé and opinion that nature of action should depend upon character of the emergency; inquiry whether to repeat Department’s telegram No. 419, December 18, to Shanghai.
501
Dec. 27 (L–890) From the Consul General at Hankow to the Chargé in China
Information that the Consul General has protested to the local Commissioner of Foreign Affairs against bandit attack on Standard Oil Co. vessel Mei Yun, and against the firing upon the Chi Ping and I Ping as reported in telegram from the Guam, December 19 (text printed), and that no reply has been received to either protest.
503
Dec. 30 (434) To the Chargé in China (tel.)
Instructions to repeat Department’s telegram No. 419 of December 18 to Shanghai, adding that Department concurs in the view of the commander in chief that the matter is broader than question of protection of American property.
(Footnote: Information that the Department’s views were further stated in telegrams of January 29 and February 5, 1930.)
503
Dec. 30 (L–891) From the Consul General at Hankow to the Chargé in China
Transmittal of letter from Bishop O’Shea in which he charges that the National Government has done little in south Kiangsi to justify its declarations to protect foreign lives and property, requests that the Government be informed that his mission will make claim for damages to its property, and further requests that the Government be urged to send reinforcements to south Kiangsi.
504
[Page LXVIII]

Murder of Three American Catholic Missionaries by Chinese Bandits

[Page LXIX]
Date and number Subject Page
1929 Apr. 27 (34) From the Consul General at Hankow (tel.)
To Peking: Information that Fathers Walter Coveyou, Clement Seybold, and Godfrey Holbein, American citizens, were murdered by bandits at Chenki, Hunan, on April 24, and that matter has been taken up with Chinese authorities.
504
Apr. 29 (35) From the Consul General at Hankow (tel.)
To Peking: Understanding that the mission at Chenki has recovered bodies of the three missionaries; advice that Consul General has requested Ho Chien, Chairman of the Hunan Provincial Government, to apprehend and punish the bandits.
505
Apr. 30 (330) From the Minister in China (tel.)
Repetition to Nanking of Hankow’s telegrams of April 27 and 29 with instructions (text printed), to request Foreign Minister to issue appropriate instructions to Chinese authorities.
505
May 3 (37) From the Consul General at Hankow (tel.)
Details of the murder of the three missionaries and arrangements for their burial; request that head of the religious organization be notified.
(Repeated to Peking.
Footnote: Information from the Minister, in telegram No. 350, May 4, that telegram was repeated to Nanking with instructions to make immediate representations to Foreign Ministry, and that Hankow Consulate General is to renew representations to Ho Chien.)
505
May 13 (379) From the Minister in China (tel.)
From Hankow, May 11: Report from Ho Chien that two bandits have been arrested and that the search is being continued for the remainder.
506
May 19 (402) From the Minister in China (tel.)
From Hankow, May 18: Execution of five persons implicated in the murder, retention of suspects, and continuation of search for other guilty parties.
(Footnote: Repetition to the Department by the Minister, in telegram No. 468 of June 12, of telegram from Hankow, June 10, reporting that Chen Tsu-ming, leader of bandit gang, has been killed by soldiers sent to exterminate the gang.)
506
July 19 From the Consul General at Hankow to the Chinese Commissioner of Foreign Affairs for Hunan
Receipt of information that Chen Tsu-ming has been neither executed nor apprehended and that none of the guilty bandits has been executed; request that the case be given further attention and that all the criminals implicated be brought to justice.
507
Aug. 12 (1320) To the Minister in China
Opinion that facts now in the Department’s possession would not seem to warrant a demand for exemplary damages.
508
Aug. 16 (835) From the American Minister in China to the Chinese Minister for Foreign Affairs
Transmittal of copy of letter from the American Consul General at Hankow to the Commissioner of Foreign Affairs for Hunan, July 19, with request that steps be taken to insure that the murderers are apprehended and punished.
509
Sept. 13 (L–828) From the Consul General at Hankow to the Minister in China
Information that a reply has been received from the Commissioner of Foreign Affairs for Hunan, September 5, which states that Chen Tsu-ming, a bandit leader, was executed although it does not state that he was implicated in the murder, and also advises that suspects Chang Liu Lao Ko and Yang Ta-fong will be tried for the crime.
510
Oct. 17 (L–854) From the Consul General at Hankow to the Minister in China
Understanding that Chen Tsu-ming and Mao Chi-ying are still at large; receipt of communication from Commissioner of Foreign Affairs at Changsha stating that Chang Liu Lao Ko has been executed; instructions to Consul at Changsha to urge Ho Chien to renew efforts to capture Chen Tsu-ming and Mao Chi-ying.
511
Nov. 30 (932) From the American Chargé in China to the Chinese Minister for Foreign Affairs
Request that stringent orders be issued to Ho Chien to apprehend and punish Chen Tsu-ming and Mao Lien-ch’ang as well as others of the murderers still at large.
(Footnote: Receipt by the Department in May 1930 of reports that Chen Tsu-ming was alive and continuing bandit activities; report in April 1931 that he had been received into the Chinese Army.
512

Dual Nationality of United States Citizens of Chinese Descent

[Page LXX]
Date and number Subject Page
1929 May 17 (6178) From the Consul General at Shanghai
Request for instructions as to further course of action to be followed regarding the case of W. Y. Char, an American citizen of Chinese race, upon whom the Provisional Court imposed a three months’ sentence, and who was released by police authorities of the International Settlement at request of the Legation.
513
July 16 (576) From the Minister in China (tel.)
From Shanghai, July 12: Information that Mr. Char was arrested in the Chinese-administered area and the Chinese authorities refused to release him, apparently intending to compel him to serve the three months’ sentence; request that Department be informed and/or protest filed with Foreign Minister.
From Shanghai, July 15: Suggestion that Foreign Minister be requested to instruct Chinese authorities at Shanghai to release Mr. Char on security, pending settlement of his citizenship status.
Request for telegraphic instructions.
516
July 30 (652) From the Minister in China (tel.)
From Shanghai, July 29: Recommendation for early action on the Char matter in view of the important principle involved.
Request for instructions.
517
Aug. 15 (272) To the Minister in China (tel.)
Opinion that facts in the case, while not legally sufficient to effect Mr. Char’s expatriation, warrant and justify U. S. Government’s refusal to intervene in his behalf as an American citizen; instructions that the Legation and Consulate General should take no action to effect Mr. Char’s release from custody of Chinese authorities; nonobjection, however, to participation of the Consul General in possible protest by consular body on the ground of alleged violation of the Mixed Court Rendition Agreement.
518
Sept. 14 (826) From the Minister in China (tel.)
From Shanghai, September 12: Intention of informing Commissioner of Foreign Affairs that the U. S. Government considers Mr. Char to be a citizen of both China and the United States, but that, on account of his past conduct in emphasizing his Chinese citizenship, it will make no further request for his release.
Information that the Minister replied, approving this view.
518
Oct. 3 (853) From the Minister in China (tel.)
From Shanghai: Advice that Fong Koon Look, an American-born Chinese, has been sued in the Chinese district court and that judgment by default will be entered against him if he fails to appear; information that protest has been lodged with Commissioner of Foreign Affairs.
Information that the case of Dr. T. C. Lieu in Shanghai is somewhat similar to the Char case but different in that Dr. Lieu has never identified himself with the Chinese Government or emphasized his Chinese citizenship.
Request for instructions.
519
Oct. 11 (332) To the Minister in China (tel.)
Instructions to accord Mr. Fong and Dr. Lieu the protection prescribed by extraterritoriality provisions, if it is true that they were born on American soil, are registered at the Shanghai Consulate General as American citizens, and have done nothing to emphasize their Chinese citizenship.
520
Oct. 30 (6231) From the Consul General at Shanghai to the Minister in China
Information that Chinese authorities contend that Mr. Fong is a Chinese citizen because he has failed to secure a denaturalization certificate; observation that he cannot secure a denaturalization certificate so long as he is the defendant in a civil suit and has a judgment outstanding against him. Opinion that agreement should be reached with the Foreign Ministry in regard to the status of persons of dual nationality. Suggestion that all persons now registered at consulates or who register in the future might be advised to secure denaturalization certificates.
520
Dec. 3 (1415) To the Chargé in China
Instructions to inform consular officers not to encourage American citizens of Chinese race to apply for denaturalization certificates but merely, if it becomes advisable to discuss the subject, to invite their attention to the applicable provisions of the Nationality Law.
521
[Page LXXI]

Cancelation of the Embargo on Shipments of Arms to China and Termination of the Agreement To Refrain From Assisting China in Naval Construction

[Page LXXII] [Page LXXIII]
Date and number Subject Page
1929 Jan. 30 (68) From the Minister in China (tel.)
Favorable attitude toward suggested cancelation of the arms embargo of 1919.
523
Jan. 31 (42) To the Minister in China (tel.)
Readiness to arrange cancelation of the arms embargo.
523
Feb. 8 (94) From the Minister in China (tel.)
Report of discussions in the diplomatic body, February 7, of possible cancelation of the arms embargo and corollary agreement relative to the withholding of naval assistance from China; and proposed draft notifications to the National Government (excerpts printed).
524
Feb. 27 (76) To the Minister in China (tel.)
Information that the Department favors immediate cancelation of arms embargo and corollary agreement, and has no objection to draft communications quoted in telegram No. 94 of February 8.
525
Apr. 8 (2025) From the Minister in China
Receipt by British Minister of request from Chinese Foreign Minister that the embargo be lifted in view of the resumption of civil strife in China; nonreceipt by the American Minister of such a request.
526
Apr. 8 Memorandum by the Secretary of State
Conversation with the German Ambassador in which the Ambassador stated that his Government was anxious to follow U. S. lead in the matter of the arms embargo and was advised that no step had yet been taken to abrogate it.
526
Apr. 9 (271) From the Minister in China (tel.)
Information from the Japanese Chargé that Japanese Foreign Office concurs in proposed cancellation of arms embargo but that the question must be discussed with other interested ministries and approved by the Cabinet.
527
Apr. 16 (287) From the Minister in China (tel.)
Receipt by British Minister of instructions to make formal notification at diplomatic body meeting, April 19, of desire to terminate arms embargo and corollary agreement, and failing unanimity, within one week thereafter to withdraw from embargo agreement; American Minister’s intention to state position that, while preferring joint action, U. S. Government reserves right to withdraw from agreement and to rescind Executive Order of March 4, 1922, at any time after April 26.
527
Apr. 18 (128) To the Minister in China (tel.)
Approval of Minister’s intention set forth in telegram No. 287 of April 16.
528
Apr. 18 Memorandum by the Secretary of State
Conversation with the German Ambassador in which he stated that his Government had decided to lift the embargo May 1.
528
Apr. 19 (295) From the Minister in China (tel.)
Decision of diplomatic body to notify Foreign Minister on April 26 of cancelation of arms embargo as of that date; adoption by the powers participating in the corollary agreement of a resolution terminating that agreement as of April 19.
529
Apr. 25 (137) To the Minister in China (tel.)
Instructions to telegraph what, if any, are present Government restrictions on importations of arms.
529
[Apr. 26] From the Senior Minister in China to the Chinese Minister for Foreign Affairs
Notification of cancelation of arms embargo agreement.
529
Apr. 27 (139) To the Minister in China (tel.)
Information that Presidential proclamation of March 4, 1922, regarding shipment of arms to China will be left undisturbed and that exports of arms and munitions of war for use of the Chinese Government will be authorized upon request by the Chinese Government through its representative in Washington, prospective exporters being required to secure export licenses from the Department of State.
530
Apr. 27 Memorandum by the Assistant Secretary of State
Conversation with the German Ambassador in which the Ambassador stated that, upon expiration of the German embargo law on April 30, his Government would have no authority to exercise control over German shipments of arms.
530
May 2 (339) From the Minister in China (tel.)
Telegram from the Consul at Nanking (text printed) advising that the Government is now preparing regulations governing importation and subsequent use of arms and ammunition, exclusive of importations for hunting or self-defense for which regulations are already in existence.
531
Sept. 20 (313) To the Minister in China (tel.)
Willingness to accept notification from Legation that Chinese Government has issued import permit as alternative to request for export to be made by Chinese Government through its representative in Washington; observation that prospective exporters will still be required to secure export licenses through Department of State; instructions to suggest procedure.
532
Oct. 5 (327) To the Minister in China (tel.)
Conclusion, after consideration of the Minister’s suggested procedure and comments, that serious difficulties would arise if any alternative were authorized to requirements set forth in Department’s telegram No. 139 of April 27; instructions to inform interested persons that export licenses will be issued only upon presentation of request by Chinese diplomatic representative at Washington.
532
Oct. 14 (1378) To the Minister in China
Observation that the requirement imposed as a condition precedent to the issuing of export licenses is in substantial accord with chapter II article 2, of the arms convention signed at Geneva in 1925.
533
Nov. 15 (1400) To the Minister in China
Confirmation of Minister’s conclusion that so far as American law is concerned American citizens are free to import arms into China from Europe.
534

Attitude of the Department of State in Regard to the Promotion of Sales of American Aircraft in China

Date and number Subject Page
1929 Mar. 16 (1146) To the Minister in China
Instructions to inform consular officers that, while the Department is anxious not to discourage their efforts to focus attention of prospective purchasers of commercial aircraft upon aircraft of American manufacture, they should observe scrupulous impartiality in assisting American competitors.
534
Apr. 6 (121) To the Minister in China (tel.)
Inability of Department to approve proposed rental or sale by Curtiss interests to Chinese interests of airplanes for an obviously military purpose.
536
May 15 (161) To the Minister in China (tel.)
Statement from the chairman of the board of Aviation Exploration, Inc. (text printed), that Chinese aviators will be used to the fullest possible extent in the company’s enterprise; instructions to direct the Consul at Nanking to convey this message as from the company to such Chinese authority as he sees fit.
536
Oct. 12 To the Consul at Nanking
Information that consular officers should not participate in negotiations for purchase by Chinese Government of arms or munitions of war.
(Footnote: Request to the Minister in China, in instruction No. 1380, October 16, that consular officers be informed of this instruction.)
537

Reduction of American Armed Forces in China

[Page LXXIV]
Date and number Subject Page
1929 Jan. 2 (2) To the Minister in China (tel.)
Information that the commander in chief, Asiatic Fleet, has been authorized to withdraw the U. S. Marine force from Tientsin during latter part of January.
538
Jan. 8 From the Minister in China to Brigadier General Smedley D. Butler, Commanding Third Brigade, United States Marines, Tientsin
Farewell message and expression of appreciation for the cooperation and services rendered by the Marines.
538
Feb. 7 (55) To the Minister in China (tel.)
Plan of Navy Department to withdraw three light cruisers from China on April 25.
539
Apr. 24 (135) To the Minister in China (tel.)
Request for opinion regarding possible withdrawal of all or part of Marine force from Shanghai.
539
Apr. 30 To the Secretary of the Navy
Opinion, in view of the resurgence of internal disorder in China, as reported by the Minister in China and Consul General at Canton, and the former’s feeling that further reduction of Marine forces available for protection of American lives and property would involve grave risk, that the Marine force at Shanghai should not be withdrawn.
(Footnote: Information from the Navy Department, March 4, 1930, that the Marine force at Shanghai consisted of about 1,200 men.)
539
May 2 (341) From the Minister in China (tel.)
From Shanghai, May 1: Recommendation for continuance of the Marines in Shanghai, and reasons for this view.
540

Attitude of the Department of State Regarding Chinese Complaints Against Members of the American Armed Forces in China

Date and number Subject Page
1929 Dec. 5 (1417) To the Chargé in China
Opinion that the suggested transfer to the U. S. Court for China of jurisdiction over cases of importance involving charges by Chinese against members of the U. S. armed forces in China would be inadvisable; request that the Chargé instruct consular officers to afford all possible assistance to U. S. military and naval authorities charged with responsibility for disposing of such cases.
542

Insistence by China Upon the Relinquishment of Extraterritorial Rights by the United States and Other Powers

[Page LXXV] [Page LXXVI] [Page LXXVII] [Page LXXVIII] [Page LXXIX] [Page LXXX] [Page LXXXI] [Page LXXXII] [Page LXXXIII] [Page LXXXIV] [Page LXXXV] [Page LXXXVI] [Page LXXXVII]
Date and number Subject Page
1929 Jan. 5 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Chinese Special Representative who proposed conclusion of a simple treaty providing for termination of extraterritoriality on July 1, 1930, and presented two memoranda from the Chinese Legation (texts printed), one relating to the Chinese-Italian treaty of November 27, 1928, the other setting forth suggestion that the Chinese Government would take into its service for a 3-year period a number of foreign legal counselors to observe the working of Chinese courts and to make recommendations for improvement of laws and their administration.
543
Jan. 8 From the Assistant Secretary of State to the Chief of the Division of Far Eastern Affairs
Inability to see any advantage in suggestion for foreign legal counselors.
546
Jan. 9 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Chinese Special Representative, at which the Assistant Secretary of State was also present, in which it was emphasized that the Department could not consider a proposal regarding relinquishment of extraterritoriality which would place Americans in a position less favored than that of nationals of the most-favored nation.
546
Jan. 10 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Chinese Special Representative in which the Chief of the Division of Far Eastern Affairs observed that the tentative proposal submitted on January 5 did not offer a basis for discussion and stated also, in response to inquiry as to what sort of working scheme would be required, that he had in mind provisions which would meet the situation reported on by the Extraterritoriality Commission in 1926 and which would carry out the recommendations of that Commission.
547
Jan. 11 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Chinese Special Representative, who inquired whether the Department would be willing to consider entering into a treaty similar to the Chinese-Italian treaty, and was advised that if the substance of a group of provisions, similar to that treaty, were informally and unofficially put in writing, it would be submitted to higher officers in the Department for consideration.
548
Feb. 19 To the Japanese Embassy
Views on question of revision of treaties with China; expression of willingness to discuss extraterritorial matters informally with representatives of the Japanese and other governments.
549
Mar. 13 (173) From the Minister in China (tel.)
Press dispatch from Nanking, March 12 (text printed), reporting Foreign Ministers understanding that the U. S. Government is exchanging views with other governments concerning abolition of consular jurisdiction and his expectation that foreign consular jurisdiction will be abolished before the first of the year.
554
Mar. 15 (6036) From the Consul General at Shanghai
Memorandum by Consul E. J. Jacobs (text printed) of interview by representatives of the Kemmerer Commission of Financial Advisers to the Chinese Government, March 12, regarding certain phases of extraterritoriality bearing on the question of enforcement of fiscal legislation.
554
May 2 From the Chinese Minister
Note from the Chinese Government (text printed), requesting immediate and sympathetic consideration of desire that the restrictions on China’s jurisdictional sovereignty be removed at the earliest possible date.
(Footnote: Receipt by the Minister in China of a similar note, dated April 27.)
559
May 3 (146) To the Minister in China (tel.)
Request to be advised whether notes similar to the Chinese note of May 2 have been received by the Ministers of the United States, Great Britain, France, Brazil, Norway, and the Netherlands; invitation to submit comments or suggestions on reply to be made.
561
May 6 (355) From the Minister in China (tel.)
Receipt by the Minister of note dated April 27; receipt of similar notes by interested colleagues; intention of Senior Minister to call meeting of interested diplomatic representatives to exchange views.
561
May 7 (360) From the Minister in China (tel.)
Belief that the termination of extraterritoriality would be followed by a progressive intensification of ill-feeling between foreign nations and China; opinion of the Minister and his British, French, and Netherlands colleagues that replies should be substantially identical and should state that any modification is deemed premature pending further demonstration by Chinese judicial institutions of capacity to deal with cases that affect foreign interests.
562
May 9 (368) From the Minister in China (tel.)
Draft reply prepared by the American Minister and interested colleagues (text printed).
563
May 9 (2082) From the Minister in China
Opinion that essence of the problem is not a matter of codes and principles of law, but the question of their respect and proper application.
565
May 21 (406) From the Minister in China (tel.)
From Shanghai, May 20: Resolution by the American, British, French, and Japanese Chambers of Commerce, May 10 (text printed), petitioning the powers to refrain from modifying the existing status of foreigners in China until a further joint investigation shall have demonstrated China’s fulfillment of the conditions indicated by the Extraterritoriality Commission.
566
May 21 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the First Secretary of the Japanese Embassy who inquired if the French Government had approached the U. S. Government on the subject of reply to the Chinese note, and also intimated that all the governments should work together.
567
May 22 (410) From the Minister in China (tel.)
Information that British draft reply, which is lengthy and argumentative, will be considered at a meeting of the interested diplomatic representatives; also, that the French Minister has been authorized to reply along lines similar to draft submitted in telegram No. 368 of May 9.
568
May 23 (413) From the Minister in China (tel.)
Preference of majority of interested diplomatic colleagues for draft reply submitted in telegram No. 368 of May 9.
569
May 27 (129) From the Chargé in Great Britain (tel.)
British draft reply (text printed).
569
May 31 (435) From the Minister in China (tel.)
Receipt by the Belgian and Japanese Ministers of confidential intimations that Chinese Government intends to declare the abolition of all extraterritorial rights next January 1.
572
June 8 Memorandum by the Assistant Secretary of State
Conversation between the British Ambassador and the Secretary of State in which the latter stated that he would have to discuss the extraterritoriality matter with the President before any decision could be reached.
573
June 11 (1922) From the Minister in the Netherlands
Information that the Netherlands reply, sent to Peking, but not yet delivered, states in conciliatory terms that the Chinese demand cannot be accepted because a reasonable protection of Netherlands interests is deemed necessary.
574
June 13 Memorandum by the Assistant Secretary of State
Conversation with the Netherlands Minister in which he stated hope that the powers would do nothing to give up the guarantees they had in China.
574
June 17 From the American Chamber of Commerce at Hankow to President Hoover (tel.)
Opposition to any commitment by the U. S. Government tending to modify extraterritorial status.
575
June 21 Memorandum by the Assistant Secretary of State
Conversation with Thomas F. Millard, Adviser to the Chinese Government, in which he stated that the present Government would and must demand immediate and unconditional surrender of extraterritorial rights.
575
June 25 (213) To the Minister in China (tel.)
Desire for opinion as to prospects for the future, especially in the event that the note recommended in telegram No. 368, May 9, be sent, and the Chinese denounce their extraterritoriality treaty with the United States.
577
July 5 (541) From the Minister in China (tel.)
Opinion that firm and definite action, inaugurated by dispatch of note along line recommended in telegram No. 368, May 9, especially in cooperation with Great Britain, France, Japan, and the Netherlands, would avert a premature forcing of the extraterritoriality issue.
578
July 9 (551) From the Minister in China (tel.)
French reply (text printed) to Chinese note of April 27, for delivery when the other replies are delivered.
580
July 9 (226) To the Minister in China (tel.)
Desire for information concerning Chinese evasion of obligations, before discussing present situation with the Chinese Minister; request for views in detail regarding recommendation for joint action with the powers, inasmuch as such action would involve substitution of a policy of international cooperation for the independent policy followed hitherto.
581
July 10 (172) To the Ambassador in Great Britain (tel.)
Instructions to ascertain whether the recent change in the British Government might involve a change in their China policy.
583
July 15 (191) From the Ambassador in Great Britain (tel.)
Advice that the British attitude on the extraterritoriality question remains unchanged.
584
July 15 (573) From the Minister in China (tel.)
Information concerning principal evasions by the Chinese of general obligations; opinion that U. S. cooperation with other nations in protecting common interests or in preserving identical rights would not involve any reversal of policy; belief that it is not too late to avert a forcing of the extraterritoriality issue.
585
July 15 (574) From the Minister in China (tel.)
Netherlands draft reply (excerpt printed); information that the British, French, and Netherlands Legations are still holding their replies in the hope of being able to dispatch them simultaneously with the U. S. reply.
590
July 16 (195) From the Ambassador in Great Britain (tel.)
Information concerning British views on the extraterritoriality issue; also, Japanese views as expressed by the Japanese Ambassador in London.
591
July 17 (196) From the Ambassador in Great Britain (tel.)
Advice from the Foreign Secretary that the new government contemplates no change in their China policy but that the uncertainty of the Chinese situation might affect the present attitude.
592
July 18 Memorandum by the Assistant Secretary of State
Conversation with the Japanese Ambassador who observed that the crux in the situation lay in the question of China’s willingness to open China to foreigners if extraterritorial rights were given up, and stated his Government’s belief that there should be some gradual relinquishment of extraterritorial rights.
593
July 23 Memorandum by the Secretary of State
Conversation with the British Ambassador who expressed his Government’s concern over the possibility that China might unilaterally denounce the extraterritoriality treaties, and inquired when the U. S. note would be dispatched, whether it was similar in nature to the other notes, and what U. S. plans were in case China should denounce the treaty.
594
July 29 Memorandum by the Secretary of State
Conversation with the French Ambassador who presented a memorandum (text printed), expressing approval of dispatch of an identic note to the Chinese Government and stating hope that the U. S. Government would take a similar step.
595
Aug. 1 (254) To the Minister in China (tel.)
Draft reply for the Chinese Government (text printed), for consideration of the Minister’s interested colleagues; observation that the Department concurs in British view that identic notes should be avoided.
Information that copies of draft note are being communicated to the British and French Governments.
(Instructions to repeat to Tokyo, requesting the Embassy to communicate copy of draft to the Foreign Office.)
596
Aug. 6 (675) From the Minister in China (tel.)
Arrangements with interested colleagues for dating the notes August 10 and delivering them to the Foreign Office on August 12; advice that it has been understood all along that replies would not be identical, although of similar tenor.
599
Aug. 15 Memorandum by the Secretary of State
Conversation with the Chinese Minister in which the Minister expressed his disappointment over the U. S. note and the Secretary of State, while expressing regret, observed that the note contained a constructive suggestion relating to negotiations and a gradual termination of extraterritoriality.
600
Aug. 19 (736) From the Minister in China (tel.)
Information concerning nature of Norwegian note dispatched August 15.
600
Aug. 27 Memorandum by the Assistant Secretary of State
Conversation with the Japanese Ambassador who inquired concerning a proposal for a warning to be served by the several interested powers upon China not to abrogate unilaterally her treaties, and was advised that the Secretary of State had not made any decision and had advised the American Minister that the matter might be brought up later and discussed if it was thought proper.
601
Aug. 29 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Second Secretary of the French Embassy who inquired whether the U. S. Government had accepted the principle of simultaneous action with regard to a warning to China and was informed that the U. S. Government had not accepted the principle and that the Secretary of State had as yet made no decision or commitment.
601
Sept. 3 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with Mr. Millard who urged that the United States do everything possible to encourage and strengthen the present Chinese Government and declared that the relinquishment of extraterritoriality was one of the most important factors.
602
Sept. 10 (811) From the Minister in China (tel.)
Chinese note, September 5 (text printed), requesting the U. S. Government to enter into immediate discussions with the Chinese representative for making the necessary arrangements for abolition of extraterritoriality.
604
Sept. 14 Memorandum by the Secretary of State
Conversation with the Japanese Ambassador who stated that China claimed to have annulled the extraterritoriality rights of Japan but that Japan had not admitted it.
607
Oct. 5 (861) From the Minister in China (tel.)
From Canton, October 4: Information from Nationalist officials that the Government had just considered abolition of extraterritoriality by mandate but preferred to negotiate for cancelation over a period of years, and that the Chinese notes were designed to open negotiations for foreign abolition.
607
Oct. 7 (865) From the Minister in China (tel.)
Tentative draft note (text printed) prepared for the interested Ministers by the Senior Minister, acknowledging Chinese note of September 5, and stating disposition to study any concrete proposals which take into consideration the main points of the previous note sent by each power. Decision of interested Ministers to renew suggestion that the Chinese representatives in the various capitals be warned of the seriousness with which Chinese repudiation or impairment of extraterritorial rights would be regarded.
607
Oct. 11 (329) To the Minister in China (tel.)
Understanding that proposal contained in telegram No. 865, October 7, is for individual, not identic, notes; approval of draft note, with modifications; authorization to convey separately the Secretary’s suggestion that negotiations be held in Washington at a time convenient to the Chinese Government.
608
Oct. 17 (900) From the Minister in China (tel.)
Draft note (text printed) proposed by the British Minister in lieu of note set forth in telegram No. 865, October 7; inquiry as to acceptability.
609
Oct. 17 (901) From the Minister in China (tel.)
Opinion that the suggestions made in telegram No. 329, October 11, would not strengthen the position taken in U. S. note of August 10; recommendation that, before undertaking negotiations, the United States require from the Chinese a statement of their proposals.
610
Oct. 22 (342) To the Minister in China (tel.)
Information that last sentence in British draft note would not suffice for U. S. reply, as U. S. Government’s note of August 10 did not predicate willingness to take part in negotiations upon condition that China should first communicate proposals; suggested substitution for the last sentence (text printed); withdrawal of instruction regarding a separate communication; instructions to proceed to prepare note.
611
Oct. 25 (927) From the Minister in China (tel.)
Information that the Minister informed his interested colleagues of the Secretary’s views contained in telegram No. 342 of October 22 and offered, subject to the Secretary’s approval, to delay note until November 1 in the hope of securing their cooperation in simultaneous dispatch.
612
Oct. 26 (351) To the Minister in China (tel.)
Approval of suggested delay.
613
Oct. 28 (354) To the Minister in China (tel.)
Belief that an offer of negotiations provides the sole possible means whereby denunciation of treaty provisions may be delayed and the period of transition protracted and ameliorated so as to safeguard, through a graduated process of relinquishment, the position of American citizens in China.
614
Nov. 2 (359) To the Minister in China (tel.)
Request to be advised what action has been or is being taken.
615
Nov. 4 (958) From the Minister in China (tel.)
Note to the Foreign Minister, November 1 (text printed).
616
Nov. 7 (970) From the Minister in China (tel.)
Information concerning nature of the British, French, and Netherlands replies of November 1.
617
Nov. 8 Memorandum by the Counselor of Legation in China
Report of a meeting at the American Legation, November 8, of the American, British, Japanese, and Netherlands Ministers, a representative of the French Minister, and the American Counselor, in which the British Minister stated that he had been instructed to express preference for relinquishment of extraterritoriality by categories of jurisdiction rather than by the geographical method; views of the other participants, and the American Minister’s preference for relinquishment by the geographical method as expressed in a memorandum which he read.
617
Undated [Rec’d Dec. 21] Memorandum by the Counselor of Legation in China
Statement of views concerning British Minister’s instructions with regard to relinquishment of extraterritoriality.
(Footnote: Information that copies of this memorandum were distributed at the meeting held on November 8 at the American Legation in China.)
618
Nov. 9 (977) From the Minister in China (tel.)
Information concerning discussion at Legation, November 8, of the British Minister’s instructions with regard to relinquishment of extraterritoriality.
Press dispatch from Nanking, November 7 (text printed), reporting that the Chinese Government believes the powers’ replies offer a definite way for the abolition of extraterritoriality and has decided to adhere to original resolution to abolish consular jurisdiction on January 1, 1930.
620
Nov. 11 (320) From the Chargé in Great Britain (tel.)
Inability of British Government to accept proposals for abolition of extraterritoriality by geographical areas.
621
Nov. 11 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister who stated that he had been instructed to inform the Secretary of State that he was prepared to take up the discussion of abolition of extraterritorial rights in China.
621
Nov. 14 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister who inquired when discussions could begin and was informed that as soon as the Secretary of State returned and could consider the matter, the Assistant Secretary would inform the Chinese Minister.
623
Nov. 15 Memorandum by the Assistant Secretary of State
Conversation between the Acting Secretary of State and the British Chargé in which the Chargé stated that his Government desired an opportunity to present reasons for relinquishment of extraterritoriality by categories of jurisdiction rather than by geographical areas, and that although they had been approached by the Chinese to begin separate negotiations, they believed that negotiations should take place in China and should be conducted jointly with the powers.
624
Nov. 18 Memorandum by the Assistant Secretary of State
Conversation with the British Chargé who set forth the British point of view on ways of meeting Chinese desires regarding abolition of extraterritoriality.
624
Nov. 19 (1009) From the Minister in China (tel.)
Receipt by French and Netherlands Ministers of Chinese replies urging that they proceed to Nanking as soon as possible to discuss abolition of extraterritoriality; nonreceipt of notes by the American and British Ministers.
625
Nov. 20 (1014) From the Minister in China (tel.)
From Nanking, November 19: Information from the Foreign Minister that, owing to the fact that the American Minister was departing from Peiping, he had telegraphed his reply to the Chinese Minister in Washington for communication to the Department of State.
625
Nov. 20 (1018) From the Minister in China (tel.)
Local press dispatch (excerpt printed) stating that on November 18 the Foreign Minister reaffirmed determination to effect abolition of extraterritoriality by January 1, 1930.
626
Nov. 21 Memorandum by the Assistant Secretary of State
Conversation between the Secretary of State and the Chinese Minister in which the latter inquired whether any decision had been reached with regard to the extraterritorial question and was told that the Secretary thought he had made his position clear in the note dispatched on November 1.
626
Nov. 21 (1024) From the Minister in China (tel.)
Press dispatch from Nanking, November 20 (text printed), stating that the Government had decided to issue a declaration on January 1, 1930, announcing abrogation of extraterritoriality, and that this did not mean abrogation of treaties but merely the clauses relating to exercise of extraterritorial rights.
627
Nov. 26 (1044) From the Chargé in China (tel.)
Report of meeting of interested Heads of Legation, November 25, in which French and Netherlands representatives stated views on British suggestions of a basis for extraterritorial negotiations, and the British Minister advised that his Government had warned the Chinese Minister in London against unilateral denunciation of extraterritoriality and had refused Chinese request to hold the negotiations in London.
628
Nov. 27 (1047) From the Chargé in China (tel.)
Press dispatch from Nanking, November 25 (text printed), stating that the Chinese Ministers in London and Washington have been instructed to request that delegates be appointed before January 1 to discuss settlement of the extraterritoriality question, and reporting Chinese decision to abolish consular jurisdiction on that date.
629
Nov. 29 (398) To the Chargé in China (tel.)
Information that the British suggestions regarding extraterritoriality are being considered but that the Department has not formulated its views in reply or committed itself in any way.
629
Dec. 2 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary stated that in view of the fact that the Chinese Government had no suggestions to offer as to a method for the gradual relinquishment of extraterritorial rights, the responsibility for devising a method devolved upon the Department of State, and inquired as to what steps had been taken and what improvements had been achieved in the enactment and enforcement of a modern system of laws in China.
629
Dec. 3 (1074) From the Chargé in China (tel.)
Information from the British Minister that the Chinese Government had decided to abrogate extraterritorial rights on January 1, and would establish at Canton, Hankow, Harbin, Shanghai, and Tientsin modern courts in which foreign advisers would be employed; request for instructions regarding attitude which the Legation and consular officers are to take in event Chinese plans are carried out.
631
Dec. 3 From the Chinese Minister
Memorandum from the Chinese Legation (text printed) outlining the progress of judicial reform.
632
Dec. 3 From the French Embassy
Résumé of Foreign Minister’s instructions to the French Minister in China regarding extraterritoriality.
(Footnote: Transmitted to the Department of State by the French Ambassador with a note (excerpt printed) expressing desire for comment.)
634
Dec. 4 To the British Chargé
Aide-mémoire (text printed) commenting on the British proposals for dealing with the question of extraterritoriality.
635
Dec. 5 Memorandum by the Assistant Secretary of State
Conversation between the Secretary of State and the Chinese Minister in which the latter stated that he felt he was not making any great progress in his conversations with the Assistant Secretary, and the Secretary expressed the hope that they would find it possible to discuss the various matters frankly and come to some conclusion.
639
Dec. 7 (1104) From the Chargé in China (tel.)
Information that the British Minister is awaiting final instructions whether to proceed to Nanking to commence negotiations; also, that the French Government intends to reply to the Chinese note of November 26 by stating that the Chinese right to abrogate the extraterritorial rights of France on January 1, 1930, cannot be recognized and that the question can be determined only by juridical means.
639
Dec. 7 (1103) From the Chargé in China (tel.)
From Nanking, December 7: Opinion that Chinese Government is now uncertain as to its course.
From Nanking, December 6: Statement by the Foreign Minister to J. B. Powell (text printed), declaring that if the United States, Great Britain, and France come to a definite understanding with China before January 1 on negotiations, China will not take unilateral action, but if they do not, Chinese public opinion may force the Government unilaterally to declare abolition of extraterritoriality.
640
Dec. 7 (409) To the Chargé in China (tel.)
Inability of Department to issue definite instructions regarding the hypothetical situation set forth in telegram No. 1074 of December 3; instructions, however, to recognize no change in present legal status of American citizens and property unless instructions to that effect are received.
642
Dec. 9 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary observed that numerous instances have led Americans to be uncertain of ability of Chinese courts to protect them, and suggested the possibility that in the transition period it might be feasible to have Chinese law administered through the existing American courts in China; memorandum from the Chinese Legation (text printed) setting forth statistics on courts in China.
642
Dec. 10 From the French Ambassador
Résumé December 6, of instructions sent by the Foreign Minister to the French Ambassador in London, and note from the Foreign Ministry to the British Embassy at Paris, November 25 (texts printed), setting forth views on course of action.
647
Undated [Rec’d Dec. 12] From the Chinese Legation
Opinion that suggestion for application of Chinese law by American courts in China is hardly practicable or acceptable; reasons for this view.
651
Dec. 17 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister who presented a memorandum from the Legation (text printed), proposing that on January 1 all American nationals in China be subject to Chinese laws and courts, special courts to be established in certain cities to handle civil and criminal cases having Americans as defendants, with foreign legal advisers to observe proceedings.
651
Dec. 20 To the French Ambassador
Comments on document received from the Ambassador on December 3; information that the Secretary is committed to entering upon negotiations at convenience of the Chinese Government and is considering various projects of possible courses alternative to Chinese proposal for immediate abolition of extraterritoriality.
653
Dec. 21 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary explained the unacceptability of the Chinese proposal of December 17 and presented a memorandum of comment thereon (text printed) and a note (text printed) proposing entrance into an agreement for establishment of a commission to examine Chinese laws and to determine whether they are being effectively applied by the courts.
655
Dec. 21 (667) From the British Ambassador
Copy of aide-mémoire handed to the Chinese Minister in London by the Foreign Secretary, December 20 (text printed), which states willingness to enter into detailed negotiations, as soon as political conditions in China permit, with a view to agreeing on a method and program for gradual relinquishment of extraterritoriality, and declares willingness to agree that January 1 should be treated as the date from which the process of gradual abolition of extraterritoriality should be regarded as having commenced in principle.
657
Dec. 24 (1188) From the Chargé in China (tel.)
Information that the Foreign Minister, upon receiving text of the British aide-mémoire of December 20, stated that a declaration would be issued on December 31 to abrogate extraterritoriality effective 6 months thereafter.
659
Dec. 26 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister who presented a note (text printed) setting forth a counterproposal to the U. S. proposal of December 21.
660
Dec. 28 (1197) From the Chargé in China (tel.)
Understanding that the British Minister plans to depart for Nanking on January 2 to initiate negotiations for the gradual relinquishment of extraterritoriality.
661
Dec. 28 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Chinese Minister in which the Chief of the Division of Far Eastern Affairs stated that the Chinese counterproposal of December 26 was unacceptable, and presented to the Minister a revised proposal and also read to him a statement of the U. S. Government’s views (texts printed infra).
662
Dec. 28 To the Chinese Legation
Revised proposal for the gradual relinquishment of extraterritorial rights during a transitional period.
664
Undated To the Chinese Legation
Statement that the U. S. Government cannot as a matter of law, and is unwilling as a matter of policy, to assent to the abolition of extraterritorial rights other than by an agreed upon and gradual process.
665
Dec. 28 From the Consul at Nanking (tel.)
Mandate issued by the Chinese Government (text printed), abrogating extraterritorial rights as of January 1, 1930, and directing the executive and judiciary branches to prepare a plan for execution of the mandate.
(Footnote: Notation by the Chief of the Division of Far Eastern Affairs, December 30, expressing opinion that the declaration is comparatively harmless.)
666
Dec. 29 (1200) From the Chargé in China (tel.)
Instructions issued to representatives at Nanking to make no acknowledgment of the Chinese mandate of December 28, and to maintain the same attitude as previously with regard to continuance and progress of negotiations.
(Footnote: Information that the Department expressed approval of instructions.)
667
Dec. 30 From the Consul at Nanking (tel.)
Manifesto issued by the Foreign Minister (text printed) with regard to the mandate of December 28, stating readiness to consider and discuss any representations made with reference to the plan now under preparation.
668
Dec. 30 (1204) From the Chargé in China (tel.)
Receipt by British Minister of telegram from the Chinese Foreign Minister (text printed), requesting the immediate initiation and conclusion of negotiations. Receipt by the French and Netherlands Ministers of similar telegrams.
669
Dec. 30 (1205) From the Chargé in China (tel.)
From Shanghai, December 28: Press dispatch from Nanking, December 27 (text printed), regarding the meeting of the Central Political Council, at which the abrogation of extraterritoriality was decided, and the remarks of a Government spokesman concerning expectation of much from the understanding between the Chinese and U. S. Governments.
670
Dec. 30 From the French Embassy
Declaration by the Foreign Minister to the Chinese Minister at Paris that, in the absence of any precise proposals by the Chinese Government, the French Government did not find it possible to admit that January 1 should be the starting point of negotiations.
670
Dec. 31 (435) To the Chargé in China (tel.)
Advice that the Department does not regard the Chinese mandate of December 28 as having altered the legal status quo.
671
Dec. 31 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation with the Chinese Minister who stated that he would like to have it a matter of record that the U. S. Government approved, as had the British Government, the issuing of the declaration of December 28, and was advised that the statement of views read to him on December 28 and the proposals put forward in the recent conversations sufficiently indicated the U. S. Government’s view.
672
Dec. 31 (439) To the Chargé in China (tel.)
Authorization to answer inquiries with the information that no agreement has been entered into, nor any encouragement given to the idea that the U. S. Government must assent to abolition of extraterritorial rights by unilateral action of China; information that conversations are being held with the Chinese Minister and that it is anticipated that the discussions will continue.
674

Abolition by China of Offices of Commissioners of Foreign Affairs

[Page LXXXVIII]
Date and number Subject Page
1929 Sept. 10 (809) From the Minister in China (tel.)
Receipt of note from the Foreign Minister, August 17, announcing that offices of Commissioners of Foreign Affairs will be abolished; procedure therefor (text printed).
Exchange of telegrams between the Consulate at Nanking and the Legation, August 29 and September 3 (texts printed), regarding attitude to be taken in handling pending protection cases. Request for Department’s approval of Legation’s instructions that Consulate adopt a defensive attitude, seeking to protect American interests by dealing if possible with the highest local territorial official.
675
Sept. 17 (309) To the Minister in China (tel.)
Approval of Legation’s position; suggestion that reply to the Foreign Minister advise that U. S. Government is prepared to cooperate with Chinese authorities with a view to bringing the new procedure into operation with a minimum of inconvenience, at the same time making full reservation of American rights under the treaties; authorization to discuss question with interested colleagues.
677
Oct. 4 (856) From the Minister in China (tel.)
Draft note proposed to be forwarded to the Foreign Minister by the Senior Minister in the name of the diplomatic body (text printed); request for Department’s approval.
678
Oct. 10 (328) To the Minister in China (tel.)
Approval of substance of draft note; instructions to suggest certain changes in phraseology to ameliorate its peremptory tone; authorization to approve note with suggested changes.
679
Oct. 30 (938) From the Minister in China (tel.)
Dispatch by the Senior Minister, October 28, of note embodying suggested changes.
679
Nov. 12 (372) To the Minister in China (tel.)
Instructions to suggest to Foreign Office that, upon abolition of offices of Commissioners of Foreign Affairs, other officials be specifically authorized to issue Section Six certificates to Chinese citizens desiring to enter the United States.
679
Nov. 14 (997) From the Minister in China (tel.)
Information that a note along the lines indicated in telegram No. 372 of November 12 was sent to the Foreign Ministry on October 22.
680
Dec. 13 (1140) From the Chargé in China (tel.)
Receipt of note from Foreign Minister dated December 3 stating that Section Six certificates will be issued by local organizations charged with the issuance of passports in accordance with the procedure quoted in telegram No. 809 of September 10.
680
Dec. 20 (422) To the Chargé in China (tel.)
Instructions to request from Foreign Minister a list of officials authorized to issue Section Six certificates; reference to Legation’s despatch No. 39, December 17, 1913, transmitting list of officials authorized to issue the certificates and rules of the Department of Labor, October 1, 1926, governing the admission of Chinese.
681
Dec. 23 From the Consul General at Canton (tel.)
Receipt of formal notice from the Commissioner of Foreign Affairs that his office will be closed on December 31, after which matters will be handled by the special municipal government of Canton; Consul General’s intention to insist upon right to correspond and deal with the Governor and other high officials as conditions may require.
681
Dec. 27 (431) To the Chargé in China (tel.)
Advice that consular officers should be guided by principles enunciated in diplomatic body’s note to the Foreign Minister, October 28, and that copy should be circularized to consular officers.
682
Dec. 30 (433) To the Chargé in China (tel.)
Instructions to direct consular officers to decline to visa Section Six certificates unless they are issued by authorized officials whose names are included in the list mentioned in telegram No. 422 of December 20, and until list has been approved by Department.
(Footnote: Information that the Chinese Government thereafter authorized duly designated officials to issue Section Six certificates.)
682

Negotiations Regarding the Provisional Court in the International Settlement at Shanghai

[Page LXXXIX] [Page XC] [Page XCI] [Page XCII] [Page XCIII] [Page XCIV] [Page XCV] [Page XCVI] [Page XCVII]
Date and number Subject Page
1929 May 18 (399) From the Minister in China (tel.) Note from the Foreign Minister, May 8 (text printed), proposing that negotiations be entered into for the purpose of reorganizing the Provisional Court at Shanghai, and advising that similar notes have been sent to Ministers of the other interested powers; transmittal of draft reply prepared by the Senior Minister.
Repetition of note and draft reply to the Consul General at Shanghai for comment.
682
June 11 (461) From the Minister in China (tel.)
Note from the Senior Minister to the Foreign Minister, June 7 (text printed), stating that the interested Ministers are of the opinion that reorganization should be examined by a commission composed of their local representatives and Chinese representatives, and that the conclusions reached should be submitted to the several Ministers and to the Chinese Government.
683
June 29 (520) From the Minister in China (tel.)
From Shanghai, June 28: Letter from the Commissioner of Foreign Affairs to the Senior Consul (text printed), stating that the provisional agreement for the rendition of the Shanghai Mixed Court is deemed inapplicable under the present circumstances.
684
July 2 (532) From the Minister in China (tel.)
Telegram from the Senior Consul at Shanghai to the Senior Minister, June 29 (text printed), containing text of Senior Consul’s reply to the Commissioner of Foreign Affairs in which it is stated that letter of June 28 is presumed to be intended as the notice provided for in article 7 of the rendition agreement of August 31, 1926.
685
July 11 (558) From the Minister in China (tel.)
Note from the Foreign Minister to the interested Ministers, July 3 (text printed), stating inability to concur in suggestion for study of question by Legations’ local representatives and expressing hope that negotiations will be opened directly with the Foreign Ministry. Draft reply by the Senior Minister (text printed), requesting reconsideration of proposal for study of question by a joint commission in Shanghai; American Minister’s request for Department’s approval of draft reply.
685
July 25 (626) From the Minister in China (tel.)
Adoption by diplomatic body of alternative text of draft reply presented by British Minister (text printed), stating that while the interested Ministers adhere to preference for study of question in the first instance by a joint local commission they reaffirm willingness to enter into negotiations in accordance with article 7 of the 1926 agreement and await receipt from the Chinese Government of such concrete proposals as might furnish a basis for the negotiations.
(Footnote: Information that note as sent was dated August 2.)
687
July 27 (251) To the Minister in China (tel.)
Acceptability of draft note contained in telegram No. 626 of July 25.
689
Aug. 20 (277) To the Minister in China (tel.)
Observations on negotiations and request for Minister’s comments in regard to methods of procedure and subject matter.
689
Aug. 31 (777) From the Minister in China (tel.)
Memorandum by the Senior Minister of conversation with the Councilor of the Judicial Yuan, July 29 (text printed), in which the latter stated that the Foreign Minister requested the interested Ministers or their personal representatives to proceed to Nanking to begin negotiations at once and advised that the appointment of consuls general at Shanghai would be unacceptable, and the Senior Minister replied that it was essential that the Foreign Minister reply to note of August 2 and make concrete proposals, and also that the Foreign Minister could not lay down rules as to who could or could not be appointed as representatives to the negotiations.
690
Sept. 4 (6111) From the Consul General at Shanghai to the Minister in China
Comments on the questions raised in Department’s telegram to the Minister, No. 277 of August 20.
692
Sept. 10 (302) To the Minister in China (tel.)
Opinion that the powers should manifest a disposition to discuss the question promptly and not stand on technicalities of procedure; instructions to inform colleagues and Foreign Minister of readiness to proceed to Nanking or to send a representative thereto.
694
Sept. 12 (820) From the Minister in China (tel.)
Note from the Foreign Minister, September 6 (text printed), requesting that representatives be sent to Nanking by September 23 for the purpose of opening discussions, and stating belief that the Settlement judicial machinery should be abolished and endeavor made to establish an entirely new court adapted to the judicial system of China.
695
Sept. 14 (829) From the Minister in China (tel.)
Information concerning tentative plan of action formulated by the Minister and certain of his colleagues; request for authorization to proceed along these lines; opinion that the direction in which the matter is developing makes it inadvisable to execute instructions contained in telegram No. 302, September 10, unless specifically instructed to do so.
696
Sept. 19 (834) From the Minister in China (tel.)
Reply by Senior Minister to the Foreign Minister (excerpt printed), stating that, as the proposal contained in note of September 6 opens fresh ground and requires fullest consideration, it will not be feasible to begin discussions by September 23.
698
Sept. 20 (312) To the Minister in China (tel.)
View that an entirely new court should be substituted for the old and the present court; authorization, however, to discuss with colleagues the plan outlined in telegram No. 829 of September 14; opinion that the diplomatic body is unduly meticulous, if not querulous, and that the U. S. Government’s wish to be responsive should be demonstrated both to the Minister’s colleagues and to the Foreign Minister.
699
Sept. 28 (2354) From the Minister in China
Inability to understand the Department’s assumption that the Legation has been diverted from carrying out the liberal intentions of the U. S. Government by permitting itself to be dominated by reactionary influences.
700
Sept. 30 (6164) From the Consul General at Shanghai to the Minister in China
Transmittal of text of note to the Commissioner of Foreign Affairs for Kiangsu, September 24, protesting against delay in the hearing of American civil cases in the Appeal Court of the Bureau of Foreign Affairs and requesting return of such cases to the Provisional Court for retrial.
702
Oct. 9 (875) From the Minister in China (tel.)
Preparation by committee appointed by interested Ministers of a draft proposal, entitled “Scheme A”, for establishment of a new court, and an alternative proposal in form of instructions for revision of Provisional Court agreement; information that the two proposals will soon be considered by the six interested Ministers and later by the entire diplomatic body.
702
Oct. 10 (876) From the Minister in China (tel.)
Scheme A and notes containing additional suggestions for possible use in negotiating a new agreement (texts printed).
703
Oct. 15 (335) To the Minister in China (tel.)
Authorization to join interested colleagues in proposing Scheme A to the Chinese Government; comments on certain of its provisions.
707
Oct. 31 (942) From the Minister in China (tel.)
Proposal by British Minister (excerpt printed) that the Chinese Government be informed that the interested Ministers have completed their preliminary study and are ready to open negotiations; his declaration, also, that presentation of any plan such as Scheme A must be done apart from joint negotiations and must not commit the British representative to responsibility therefor.
Note from the Senior Minister to the Chinese Foreign Minister (text printed), stating readiness of interested Ministers to begin negotiations.
Request for authorization to designate as American delegates Edwin S. Cunningham, Consul General at Shanghai, Joseph E. Jacobs, Consul at Shanghai, and Howard Bucknell, Jr., Second Secretary of Legation.
Request for authorization for American delegates to submit Scheme A for consideration if and when a suitable opportunity is presented.
708
Nov. 2 (360) To the Minister in China (tel.)
Authorization to name two or three delegates from a list containing names of Judge Milton D. Purdy, Mahlon F. Perkins, Counselor of the Legation, Messrs. Bucknell and Jacobs. Opinion that Consul General Cunningham should participate as an authorized but undesignated adviser, and that the delegation should not at the outset or at any given moment submit a plan worked out and agreed upon among the principal foreign Ministers.
710
Nov. 6 (965) From the Minister in China (tel.)
Information that interested Ministers are appointing their respective Consuls General at Shanghai; renewal of request for authorization to designate Consul General Cunningham.
Recommendation that American delegates be acquainted with reasons for Department’s apprehension underlying instructions of telegram No. 360 of November 2, but that they be authorized to treat the matter at their discretion.
710
Nov. 8 (366) To the Minister in China (tel.)
Acquiescence in appointment of Consul General Cunningham, provided Judge Purdy or Counselor Perkins is made the ranking delegate; permission to authorize American delegates to depart from course outlined in telegram No. 360, November 2, if circumstances make it advisable to do so.
711
Nov. 9 (976) From the Minister in China (tel.)
Receipt from Foreign Minister of telegram announcing that conference at Nanking will begin November 19 and requesting names of Legation’s staff representatives. Receipt by Senior Minister of personal message for the Foreign Minister stating desire that no consular officers be appointed as delegates; Senior Minister’s personal message in reply, to the effect that he would strongly urge Foreign Minister not to stand upon so preposterous and obstructive a suggestion.
712
Nov. 12 (983) From the Minister in China (tel.)
Designation of Consul Jacobs and Secretary Bucknell as delegates; request for approval of plan to send Mr. Bucknell to Shanghai, November 14, for consultation with Consul General Cunningham and Consul Jacobs.
(Footnote: Information that Department expressed approval in telegram No. 374, November 13.)
712
Nov. 14 (1000) From the Minister in China (tel.)
Information that on November 11 the Senior Minister notified the Foreign Minister of names of the American, British, French, Japanese, and Netherlands delegates.
Foreign Minister’s reply, November 13 (text printed), stating that the treaty with Japan having expired, Japan had not been invited to participate, pointing out that American and British delegates are acceptable provided the Legation officials are named the ranking delegates, and requesting that, in the case of France and the Netherlands, Legation officials be substituted or added to the delegations as ranking members.
Draft reply by Senior Minister (text printed), stating that Japan is entitled to participate and that the delegates already named bear a diplomatic character by reason of appointment as special representatives of their Legations.
Request for approval of draft note.
713
Nov. 16 (377) To the Minister in China (tel.)
Instructions to join in note if Japanese Government indicates desire to participate in negotiations.
714
Nov. 18 (1004) From the Minister in China (tel.)
From Jacobs and Bucknell: Advice that, pending further instructions by the Legation, American delegates will not proceed to Nanking, and that other delegates are taking similar action.
Information that the Minister sent telegraphic approval.
715
Nov. 18 (1005) From the Minister in China (tel.)
Despatch from the Consul General at Shanghai (excerpt printed) reporting that he unsuccessfully endeavored to convince the Commissioner of Foreign Affairs that the American consular official had the right to try cases jointly with the Chinese judge and that the Commissioner refused to return pending cases to the Provisional Court for retrial.
Request by the Consul General and the Minister for instructions.
715
Nov. 19 (1010) From the Minister in China (tel.)
Telegram from the Peiping Bureau of the Foreign Ministry (text printed) containing text of instructions from Nanking to notify names of Chinese delegates to the American, Brazilian, British, French, Netherlands, and Norwegian Legations.
Decision of interested Ministers to send draft message quoted in telegram No. 1000, November 14, when British Minister has received instructions.
From Shanghai: Departure of Japanese Consul General for Nanking to discuss with Foreign Minister personally the question of Japanese participation in negotiations.
716
Nov. 20 (1012) From the Minister in China (tel.)
From Nanking, November 19: Report that the Japanese Consul General has urged the Chinese Foreign Minister to permit Japanese representatives to participate in the negotiations but that he has refused.
717
Nov. 21 (382) To the Minister in China (tel.)
Importance of reaching agreement with the Chinese at an early date; opinion that negotiations might well be begun by American, British, French, and Netherlands delegates.
717
Nov. 21 (1022) From the Minister in China (tel.)
From Jacobs and Bucknell, Shanghai, November 20: Information from the Japanese Consul General that Foreign Minister is willing to conduct separate negotiations with the Japanese but refuses to admit them to joint negotiations.
718
Nov. 24 (1037) From the Chargé in China (tel.)
Information that draft note quoted in telegram No. 1000, November 14, was dispatched on November 22, and that all the delegates have remained in Shanghai because of questions raised by the Foreign Minister in his reply to Senior Minister, November 13.
718
Nov. 25 (1041) From the Chargé in China (tel.)
Intention of Japanese to press the Chinese in matter of participation, but nonobjection to commencement of negotiations by the other delegates; decision of interested Ministers to await reply to their note to the Foreign Minister, November 22; Chargé’s intention to concur in dispatch of further protest to Foreign Minister if he should persist in refusing to admit Japanese participation.
719
Nov. 26 (1043) From the Chargé in China (tel.)
From Shanghai, November 25: Letter from Kiangsu Provincial Government to the Shanghai Provisional Court (text printed) announcing that from January 1, 1930, the Court shall be directly subordinate to the Central Government.
720
Nov. 27 (389) To the Chargé in China (tel.)
Opinion, in connection with situation reported in telegram No. 1005, November 18, that it would be preferable to rely on the rendition agreement rather than on the treaty and that present difficulty may best be overcome by endeavoring to have cases returned to Provisional Court for retrial before a different judge and consular officer or by designating a different consular officer in appeal court.
720
Nov. 28 (1052) From the Chargé in China (tel.)
Advice that Foreign Minister replied, November 26, refusing to permit Japanese participation, but consenting not to maintain his former point of view regarding question of rank of delegates.
Plan of interested Ministers to reply to Foreign Minister by reaffirming previous position with regard to Japanese participation but stating that, in view of reluctance of Japanese to cause delay, delegates are being instructed to proceed with commencement of negotiations.
721
Dec. 2 (1066) From the Chargé in China (tel.)
Dispatch on November 30 of message outlined in telegram No. 1052, November 28.
(Footnote: Information that negotiations were set to commence on December 9.)
722
Dec. 3 Memorandum by the Assistant Chief of the Division of Far Eastern Affairs
Receipt from the Navy Department of a telegram from China, November 30, stating that the Foreign Minister had told Mr. Bucknell that he hoped some solution of the court question could be reached through early negotiations, since it would not be desired by either China or the United States that there should be a repetition of the Shanghai incident of May 30, 1925.
722
Dec. 10 (1122) From the Chargé in China (tel.)
From Jacobs and Bucknell, Nanking, December 9: Draft agreement proposed by Chinese delegation for establishment of judicial system in Shanghai (text printed); opinion of foreign delegates that the proposal is an attack upon the integrity of the Settlement and cannot be considered in its present form.
722
Dec. 11 (1124) From the Chargé in China (tel.)
From Jacobs and Bucknell, December 10: Chinese proposal that a court with foreign judicial personnel employed by the Chinese Government would be acceptable only in the event that jurisdiction of the court be extended to include extraterritorial nationals in the Settlement.
724
Dec. 12 (1132) From the Chargé in China (tel.)
From Jacobs and Bucknell, December 11: Information concerning amendments to Chinese draft presented by foreign delegates.
724
Dec. 13 (1144) From the Chargé in China (tel.)
Decision of interested Ministers to refer to their Governments the Chinese proposal that jurisdiction of court be extended to include extraterritorial nationals within the Settlement; request for instructions with regard to attitude to be taken by American delegates.
725
Dec. 15 (1150) From the Chargé in China (tel.)
Press despatch from Nanking, December 13 (text printed), reporting that Foreign Minister stated that foreign delegates had submitted counterproposals to Chinese plans, and observed that Conference outlook was far from bright.
726
Dec. 15 (1152) From the Chargé in China (tel.)
From Jacobs and Bucknell, December 14: Statement by foreign delegates to Chinese delegates (text printed), being a summary of Chinese objections to foreign delegates’ amendments to Chinese plan, as well as a summary of the foreign delegates’ position from which they cannot depart without further instructions from their Legations.
727
Dec. 18 (1161) From the Chargé in China (tel.)
From Jacobs and Bucknell, December 16: Joint telegram of foreign delegates to the interested Ministers (text printed), containing text of Chinese delegation’s summary of position, as presented at meeting of November 14, and list of points which foreign delegates feel should be referred to their Legations before negotiations can be continued, and suggesting necessity of securing Chinese consent to continuing present agreement beyond expiration date, December 31:
From Jacobs and Bucknell, December 16: Concurrence in joint telegram and expression of personal views.
730
Dec. 18 (418) To the Chargé in China (tel.)
Concurrence in Chargé’s opinion that it would be unwise to assent to a plan that would establish within the Settlement a court exercising jurisdiction over all persons in the Settlement.
733
Dec. 18 (1165) From the Chargé in China (tel.)
From Jacobs and Bucknell, Shanghai, December 17: Understanding that some plan for employment of foreign jurists as advisers to the Chinese judges may be proposed by the Chinese at next meeting on December 19.
734
Dec. 19 (1168) From the Chargé in China (tel.)
From Senior Consul at Shanghai to the Senior interested Minister, December 18: Announcement by a Chinese judge of the Provisional Court, December 18, that as the court would cease to function on December 31, no cases would be set for hearing after that date; suggestion that arrangements should be made with Chinese Government to continue court until the rendition agreement is superseded by a new agreement.
From the Consul General at Shanghai, December 18: Urgency of securing extension of present agreement until conclusion of negotiations.
735
Dec. 20 (1172) From the Chargé in China (tel.)
Advice that interested Ministers are dispatching a joint telegram to their delegates at Nanking containing a statement of recommendations to the interested home Governments, which the delegates are to act upon as definite instructions unless objections from the home Governments are received by noon, December 24; request for Department’s approval of statement.
736
Dec. 20 (1173) From the Chargé in China (tel.)
Joint telegram to the respective foreign delegates at Nanking (text printed), referred to in telegram No. 1172.
736
Dec. 21 (1177) From the Chargé in China (tel.)
Telegram from the interested Ministers to the foreign delegates, December 20 (text printed), instructing them to inform Chinese representatives that, in view of possibility that negotiations may not be concluded before end of the year, it is assumed that nothing will be done meanwhile to disturb the status quo.
739
Dec. 21 (1178) From the Chargé in China (tel.)
From Jacobs and Bucknell, December 20: Observation that alternative proposal of Chinese delegation for consular representation on the court does not provide the necessary safeguards.
739
Dec. 21 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary of State expressed the hope that the Chinese Government would make provision to continue the machinery of the court until the present negotiations could be completed.
739
Dec. 21 (426) To the Chargé in China (tel.)
Approval of joint telegram set forth in telegram No. 1173 of December 20; comments thereon.
740
Dec. 27 (1190) From the Chargé in China (tel.)
From Shanghai, December 24: Consul General’s comments on specific points under negotiation.
741
Dec. 30 (1202) From the Chargé in China (tel.)
Information from the Consul General at Shanghai, December 28, that the Municipal Council plans to declare a state of emergency if the Provisional Court should cease functioning at the close of 1929.
742
Dec. 31 (437) To the Chargé in China (tel.)
Suggestion, if it should appear that Chinese Government contemplates withdrawing Chinese judicial officers from the Provisional Court before provision has been made for another court, that the interested Legations propose continuation of the court until the negotiations have reached a satisfactory conclusion.
743
Dec. 31 From the Chinese Commissioner of Foreign Affairs for Kiangsu to the Senior Consul at Shanghai
Instruction from the Kiangsu Provincial Government, December 30 (text printed), stating that after December 31 all matters pertaining to the Shanghai Provisional Court are to be submitted to the Central Government.
743
1930 Jan. 3 (11) From the Chargé in China (tel.)
Advice from the Consul General at Shanghai, December 30, 1929, that the docket in the Provisional Court is now being made up for 1930 and indications are that the court is to be continued as at present; information in press dispatch from Shanghai, December 30, that, pending reorganization, the court will function as usual.
743
Jan. 4 (18) From the Chargé in China (tel.)
Summary of the points under discussion between the Chinese and the foreign delegates.
744
Jan. 6 (21) From the Chargé in China (tel.)
From Jacobs and Bucknell, January 5: Joint telegram from the foreign delegates to the Senior interested Minister (text printed), concerning discussions with the Chairman of the Shanghai Municipal Court on the Provisional Court question, and expressing approval of his views, since these and other concessions already authorized afford much greater possibility of reaching an agreement.
Intention of advocating to interested Ministers that the joint instructions to the foreign delegates be modified so as to accord with the Council’s views.
748

Refusal of American Consulate General at Shanghai To Comply With Request of Shanghai Provisional Court That Consul Testify in Case Arising in Connection With Official Duties

Date and number Subject Page
1929 Sept. 23 (2341) From the Minister in China
Despatch No. 6132, September 12, from the Consul General at Shanghai and enclosures (texts printed), regarding Consulate General’s refusal, on grounds of international law, to comply with request of Shanghai Provisional Court that Consul J. E. Jacobs be directed to appear as a witness in a case arising in connection with official duties.
749
Nov. 22 (1406) To the Minister in China
Approval of attitude taken by Consul General at Shanghai.
752

Press Restrictions by Chinese Authorities Affecting American Citizens in China

[Page XCVIII] [Page XCIX] [Page C] [Page CI]
Date and number Subject Page
1929 Feb. 18 Memorandum by the Counselor of Legation in China
Conversation with the Foreign Minister at Nanking, January 17, in which the Minister stated that Rodney Gilbert, American journalist connected with certain British publications in China, was persona non grata with the Chinese Government and would be deported if it were not for extraterritoriality.
(Footnote: Information that Mr. Gilbert left China for the United States in February.)
753
Feb. 13 (109) From the Minister in China (tel.)
Information from Tientsin that the North China Star, an American enterprise, has been refused further use of postal facilities because of its publication on December 17, 1928, of an alleged seditious article by Demaree C. Bess, Peking representative of the United Press; advice that the Counselor of Legation has requested the Foreign Minister to investigate the reason for such arbitrary action but that as yet no explanation had been received.
754
Feb. 19 (69) To the Minister in China (tel.)
Desire that the Minister consult with the editor of the North China Star, Charles James Fox, with a view to making such representations as may seem wise and necessary.
755
Feb. 21 (125) From the Minister in China (tel.)
To Nanking: Instructions to express to the Foreign Minister the American Minister’s feeling that action taken against the North China Star is unfair and unfriendly toward an American enterprise and is especially unfortunate in forcing an issue as to freedom of speech and of comment.
755
Feb. 25 (139) From the Minister in China (tel.)
From Nanking: Delivery of message to the Vice Minister of Foreign Affairs, who stated that the action taken was the result of a misunderstanding and that the ban would be lifted in two or three days.
756
Mar. 7 (84) To the Minister in China (tel.)
Information that the ban remains unlifted; instructions to direct the Consul at Nanking to make further representations.
756
Mar. 11 (165) From the Minister in China (tel.)
Assurance by Foreign Minister that he is exerting every effort to have the ban removed.
756
Mar. 12 (171) From the Minister in China (tel.)
Despatch from the Consul General at Tientsin, March 10 (excerpt printed), stating that Mr. Fox has been informed by Foreign Minister that postal facilities will be restored if Mr. Fox will write to the Central Executive Committee expressing regret for publication of the article in question, but that Mr. Fox is unwilling to comply. American Minister’s reply (excerpt printed), concurring in Mr. Fox’s attitude.
757
Mar. 14 (95) To the Minister in China (tel.)
Approval of American Minister’s attitude outlined in telegram No. 171 of March 12.
(Footnote: Information from the Minister that it was reported from Tientsin, April 3, that postal ban was lifted that day.)
758
Apr. 23 (5945) From the Consul General at Shanghai to the Minister in China
Information concerning alleged demand of Chinese Government that George E. Sokolsky, American journalist and contributor to the North China Daily News, a British publication in Shanghai, be requested to leave China; press dispatch from Nanking, April 18 (text printed), reporting decision of Central Executive Committee to demand that Mr. Sokolsky leave China, to prohibit use of postal facilities by the paper, and to instruct Customs to search steamers leaving Shanghai to prevent shipment by freight.
758
Apr. 30 (331) From the Minister in China (tel.)
Press report from Shanghai that the Chinese Government has instructed its Minister at Washington to request the New York Times and the Chicago Tribune to withdraw from China their respective correspondents at Peking, Hallett Abend and Charles Dailey, on ground of their unsympathetic attitude and alleged false reports.
760
May 9 (2083) From the Minister in China
Transmittal of confidential reports on the Shanghai press situation by Messrs. Abend and Bess; Minister’s opinion that reports deserve serious consideration.
761
May 10 (372) From the Minister in China (tel.)
From Shanghai, May 9: Information that in response to Dollar Steamship Co.’s request for advice as to whether to receive papers of North China Daily News & Herald, with Chinese stamps affixed, for delivery to Hong Kong, Manila, Japan, and American ports, Consul General advised that no legal reason was perceived for refusing to accept the packages.
To Shanghai: Opinion that the company should have been referred to their legal advisers, and that company should be advised that Consul General cannot undertake any responsibility or give any advice in connection with this matter.
761
May 13 (157) To the Minister in China (tel.)
Instructions to point out to the Dollar Co. that the packages would undoubtedly be handled by the sea post offices aboard vessels and that assistance given to publisher might raise an issue of international concern and might also prejudice the company’s interests; information that matter is being taken up with the Post Office Department.
762
May 20 (168) To the Minister in China (tel.)
Reply by the Postmaster General, May 17 (excerpt printed), stating that mailing of the publications in the manner suggested would be contrary to the provisions of the Universal Postal Convention.
Instructions to inform Shanghai.
762
June 17 (719) From the Chinese Minister for Foreign Affairs to the American Minister in China
Request that the American Minister have Mr. Abend deported from China, on account of his allegedly libelous and seditious despatches to the New York Times.
763
June 26 (512) From the Minister in China (tel.)
Information concerning note of June 17 from the Foreign Minister.
765
July 2 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary of State stated that the American Minister had no power to deport anyone and that the Chinese Government was powerless to act.
766
July 6 Memorandum by the Assistant Secretary of State
Observation that Mr. Abend enjoys the protection of extraterritoriality and that the Chinese cannot touch him; opinion that there is no power under U. S. law under which an American can be deported from China.
766
July 10 (556) From the Minister in China (tel.)
To Shanghai, July 6: Request that the U. S. District Attorney advise whether Mr. Abend could be prosecuted in the U. S. Court for China on complaint by the Chinese Government on ground of libelous or seditious character of his despatches.
Opinion of District Attorney that libel chargé against Mr. Abend might be made if Chinese officials concerned would appear to testify. Minister’s intention to reply to the Foreign Minister along the lines discussed.
767
July 12 (229) To the Minister in China (tel.)
Instructions to withhold action until the Department has received word from the New York Times.
768
July 18 (235) To the Minister in China (tel.)
Letter from the New York Times, July 16 (excerpt printed), stating nonobjection to trial or investigation by any fair and impartial tribunal of charges against Mr. Abend. Authorization to reply to Foreign Minister’s note as suggested in telegram No. 556 of July 10, incorporating such information from New York Times letter as may be deemed advisable.
768
July 19 (595) From the Minister in China (tel.)
Advice that after news of Mr. Abend’s transfer to Shanghai had become known, a Government official sought him out and offered to be of all assistance to him in his new assignment; Minister’s hope that the campaign against Mr. Abend will be dropped, and suggestion that reply to Foreign Minister’s note be withheld.
769
July 23 (243) To the Minister in China (tel.)
Opinion that the Foreign Minister should be informed of impossibility of deporting Mr. Abend and advised of American Minister’s readiness to discuss possible recourse to legal procedure.
769
July 31 (657) From the Minister in China (tel.)
Information that on July 24 the editor of the Peking Leader, an English language paper incorporated in Delaware but of international—including Chinese—ownership, was notified that the Ministry of Interior had ordered censorship of the paper.
769
Aug. 1 (661) From the Minister in China (tel.)
Transfer of the Peking Leader to new ownership and control; advice that the Journal de Pékin was refused postal facilities on July 31.
770
Aug. 8 (692) From the Minister in China (tel.)
Opinion that it would be a tactical error to reopen the Abend case; request for authorization to make no reply unless situation alters.
771
Aug. 9 (264) To the Minister in China (tel.)
Cancelation of Department’s telegram No. 243, July 23.
771
Nov. 16 (6253) From the Consul General at Shanghai to the Minister in China
Transmittal of pertinent material and correspondence in the matter of request received from the Commissioner of Foreign Affairs for institution of legal proceedings against Carl Crow, editor of the American Shanghai Evening Post, arising out of strike of the paper’s Chinese employees, subsequent denial of postal privileges, and publication of caricatures and criticisms of Chinese authorities.
771
Dec. 23 (6324) From the Consul General at Shanghai to the Chargé in China
Advice that attitude of the Shanghai Evening Post in the matter of the strike has been upheld by labor committee of the Shanghai Municipality; also, that the postal ban continues but that the newspaper does not suffer materially, having made other arrangements for distribution.
773

Treaty Regulating Tariff Relations Between the United States and China, Signed July 25, 1928

[Page CII] [Page CIII] [Page CIV]
Date and number Subject Page
1929 Jan. 4 (7) From the Minister in China (tel.)
Desire for authorization to request of the Chinese Government confirmation of U. S. Government’s understanding that, under Sino-American tariff treaty of July 25, 1928, the United States is entitled to claim for goods imported into China by American nationals and for all American produce and manufactures imported into China the treatment established by any subsequent treaties concluded between China and foreign powers.
773
Jan. 7 (9) To the Minister in China (tel.)
Note for personal delivery to the Foreign Minister (text printed), stating U. S. Government’s understanding of the purport and intent of the treaty, and requesting assurance that it is also the Chinese Government’s understanding; information that Senate consideration of the treaty will be postponed pending receipt of such assurance.
775
Jan. 22 (45) From the Minister in China (tel.)
From Perkins, Counselor of Legation, at Nanking: Information that the Foreign Minister, upon receipt of note, January 17, stated that the meaning of the treaty was clear and that there would be no difficulty in meeting U. S. Government’s wishes, indicating assent to request for written reply.
776
Jan. 22 (46) From the Minister in China (tel.)
Assumption that satisfactory written reply from the Chinese will be awaited before further action is taken on the treaty.
777
Jan. 22 (28) To the Minister in China (tel.)
Advice that the Chinese reply should quote text of American note and should state that such is Chinese understanding of purport and intent of the treaty.
777
Jan. 23 (50) From the Minister in China (tel.)
From Perkins, January 22: Reply from the Foreign Minister, January 21, stating the Chinese Government’s interpretation of the treaty.
Information that the Counselor of Legation is being instructed to obtain from the Foreign Minister a note in the form prescribed by telegram No. 28 of January 22.
777
Jan. 24 To the Consul at Nanking (tel.)
For Perkins: Advice that the Chinese reply should quote text of American note and should state that such is the Chinese understanding of the purport and intent of the treaty.
778
Jan. 24 (30) To the Minister in China (tel.)
Advice that the Department does not wish to lodge any protest against putting the new Chinese tariff schedule into effect; instructions, however, to transmit from the Secretary of State to the Foreign Minister a message (text printed), stating that it is noted with regret that the new tariff imposes on certain commodities, imported principally from the United States, duties higher than those regarded as equitable by the Peking Tariff Conference of 1926.
779
Jan. 28 (36) To the Minister in China (tel.)
Probability that Senate will begin consideration of treaty on January 30; instructions to address another note to the Foreign Minister in event he does not reply in terms requested in pursuance of the Department’s instructions.
779
Jan. 28 From the Consul at Nanking (tel.)
From Perkins: Inability of Foreign Minister to accept precise phraseology used by the Department.
780
Jan. 29 From the Minister in China to the Consul at Harbin
Opinion that, after ratification of the new treaty, the only valid protest against new levies would be in the case of clear discrimination against American goods or American interests.
780
Jan. 29 (67) From the Minister in China (tel.)
Request that the Department reconsider proposal of accepting a compromise, as set forth in telegram No. 36, January 28, and authorize the Minister to inform the Foreign Minister that the Senate will begin consideration of the treaty on January 30 and that ratification will be withheld unless the required assurances are received.
781
Jan. 29 (39) To the Minister in China (tel.)
Advice that Department merely wishes the Foreign Minister to be informed of its understanding of treaty’s meaning, so that correspondence may cease at that point.
782
Jan. 29 From the Consul at Nanking (tel.)
From Perkins: Acceptance by Foreign Minister of exact wording of part of Legation’s note; proposal for changes in phraseology of remainder.
782
Jan. 29 From the Consul at Nanking (tel.)
From Perkins: Opinion that, if Department desires to adhere exactly to phraseology of American note, means other than argument and persuasion will be needed in an effort to influence the Foreign Minister.
783
Feb. 1 Memorandum by the Chief of the Division of Far Eastern Affairs
Conversation of the Chinese Minister with the Secretary of State, and subsequently with other officers of the Department, in which it was explained that the point at issue was the apparent unwillingness of the Foreign Minister to commit himself in writing to the U. S. Government’s understanding of the treaty, and the Chinese Minister explained that he did not see his way free to go into the matter with his Government.
783
Feb. 1 To the Consul at Nanking (tel.)
For Perkins: Instructions to endeavor to come to an agreement with the Foreign Minister upon a mutually acceptable text; noninsistence by the Department on any particular phraseology so long as the adopted formula is comprehensive, clear, and unequivocal in assuring that treaty is to be interpreted as providing most-favored-nation treatment.
785
Feb. 4 From the Consul General at Shanghai (tel.)
From Perkins: Information that agreement has been reached with Foreign Minister that text shall be the same as original U. S. draft with the substitution of one clause (text printed), and that Foreign Minister in return will quote U. S. note and give assurance asked for; request for the Department’s approval and authorization to sign.
785
Feb. 4 To the Consul General at Shanghai (tel.)
To Perkins: Transmittal of text of note as Department now understands it to read, with instructions, if this text is as agreed upon, to effect signature and exchange immediately.
(Footnote: Information in telegram from Perkins, February 6, that notes were exchanged February 6.)
786
Feb. 6 (728) From the Counselor of the American Legation in China to the Chinese Minister for Foreign Affairs
Understanding regarding most-favored-nation character of the treaty.
786
Feb. 6 (660) From the Chinese Minister for Foreign Affairs to the Counselor of the American Legation in China
Setting forth text of U. S. note of the same date and confirming that such is the understanding of the Chinese Government.
787
Feb. 13 (104) From the Minister in China (tel.)
Request for authorization to address to Foreign Minister, on occasion of exchange of ratifications of the treaty, a note observing that although treaty is not to become operative until four months after exchange of ratifications, the U. S. Government is not disposed to initiate any protest against the application by China of the new import tariff.
787
Feb. 23 From the Chinese Minister for Foreign Affairs (tel.)
Expression of felicitation on the occasion of the mutual ratification of the treaty.
(Footnote: Exchange of ratifications at Washington, February 20.)
788
Feb. 24 (136) From the Minister in China (tel.)
Telegram of felicitation from the Minister of Finance, February 23, and American Minister’s reply of the same date (texts printed), on occasion of ratification of the treaty.
788
Feb. 25 To the Chinese Minister for Foreign Affairs (tel.)
Expression of appreciation for message of February 23.
789
Feb. 25 To the Consul General at Shanghai (tel.)
For the Minister: Information that the Department is pleased with the telegrams transmitted in telegram No. 136 of February 24, and that they are being published, together with the personal telegrams exchanged between the Secretary of State and the Foreign Minister.
789
Mar. 1 To the Consul General at Shanghai (tel.)
For the Minister: Opinion that the U. S. Government should rest content with making the adverse comment which was outlined in telegram No. 30, January 24, and that it would be inexpedient to make the official protest outlined in the Minister’s telegram No. 104 of February 13.
790

Efforts of the United States To Meet Situation Created by Imposition in China of Taxes Considered Unfair to American Trade

[Page CV] [Page CVI] [Page CVII]
Date and number Subject Page
1929 Jan. 3 (2) From the Minister in China (tel.)
Request for authorization to forward to the Chinese Government a note (text printed) protesting against the action of local authorities at Canton in illegally seizing and detaining two Standard Oil Co. vessels, and observing that their unwillingness to meet with American officials contributed to the protracted delay in release of vessels.
791
Jan. 5 (8) To the Minister in China (tel.)
Approval of proposed note.
791
Jan. 10 From the Minister in China to the Consul at Hankow
Authorization to discuss informally with local authorities the fact that imposition of increased tobacco tax is operating unfairly against the Liggett and Myers Tobacco Co., and to suggest that enforcement be delayed until the company have been given a fair opportunity to receive sufficient stocks to place them on an equal basis with their competitors.
792
Jan. 19 (24) To the Minister in China (tel.)
Telegram from Werner G. Smith Co. of Cleveland, Ohio, to the Department of Commerce (text printed) alleging that the action of the Chinese Government at Hankow in imposing heavy tax on wood oil exports without due notice is unfair; instructions to investigate and take such action as appears appropriate.
793
Jan. 21 (42) From the Minister in China (tel.)
Information that upon receipt of notification from the Consul at Hankow, January 15, that local wood oil tax would be imposed on January 16, the Legation sent instructions to the Counselor of Legation at Nanking (text printed) to urge Foreign Minister that tax be postponed in order to permit exporters to protect themselves insofar as shipments already contracted for.
From the Counselor of Legation, January 18: Information from the Foreign Minister that the Minister of Finance is issuing orders to cancel tax.
793
Feb. 1 (1906) From the Minister in China
Reported intention of the Kwangtung Government to put certain consumption taxes into effect in the Canton area; Counselor of Legation’s discussion of the matter with the Foreign Minister, and latter’s advice, January 18, that the taxation would not go into effect.
794
Feb. 2 (46) To the Minister in China (tel.)
Assumption that the Legation has been advised that the Chinese authorities at Hankow have received no instructions regarding cancelation of tax and has instructed the Counselor of Legation to bring matter to attention of Foreign Minister.
796
Feb. 7 (1899) From the Consul at Harbin to the Minister in China
Customs notification No. 433, February 1 (text printed), concerning levy of surtaxes effective February 1; information with regard to attitude of British and Japanese colleagues.
796
Feb. 21 (189) From the Consul at Mukden to the Minister in China
Information that the Consulate lodged a protest with the Commissioner of Foreign Affairs, February 8, against confiscation of oil stocks of the Texas Co. at Tiehling.
798
Feb. 21 (276) From the Consul at Tsingtao to the Minister in China
Inquiry as to advisability of making representations regarding discrimination against American interests arising from refusal of local Japanese authorities to permit imposition of customs surtaxes on Japanese subjects.
799
Mar. 1 (1920) From the Consul at Harbin to the Minister in China
Opinion that, in view of determination of provincial authorities to collect consumption and sales taxes, it would appear useless to protest against their levy; observation that it is hoped the Central Government will some day be in a position to prevent levy of exorbitant local import taxes.
801
Mar. 5 (192) From the Consul at Mukden to the Minister in China
Report upon Japanese attitude toward the application of new import tariff and export surtaxes at Antung and the special arrangements made for collection of duties from Japanese subjects.
802
Mar. 12 From the Minister in China to the Consul at Tsingtao
Instructions to make formal protest to local authorities against nonpayment of surtaxes by Japanese; authorization to use good offices with Customs Surtax Bureau to the end that merchandise for export contracted for by American interests prior to date of promulgation of surtaxes should be exempted.
804
Apr. 1 (670) From the Consul General at Hankow to the Minister in China
Information that local authorities are completely ignoring instructions of the Nanking Government and are bringing every possible pressure to bear on local exporters of wood oil to pay the special tax.
805
Apr. 15 (283) From the Minister in China (tel.)
Request for authorization to protest to the Chinese Government against discrimination against American nationals and goods arising from the special treatment accorded to Japanese nationals and goods in the matter of imposition of certain surtaxes; transmittal of proposed draft note in this sense.
806
Apr. 17 (209) From the Consul at Mukden to the Minister in China
Information concerning the special arrangements whereby export surtaxes are not being paid by Japanese shippers at Newchwang.
806
Apr. 20 (131) To the Minister in China (tel.)
Authorization to send note as drafted, with certain changes.
807
Apr. 22 From the Minister in China to the Consul General at Hankow
Doubt that the facts in the case of payment by the Smith Co. of the special export tax on wood oil at Hankow, which the Minister of Finance has ordered canceled, would justify the filing of a diplomatic claim.
808
Apr. 26 From the Minister in China to the Consul General at Tientsin
Opinion that, in the absence of any discriminatory feature regarding the imposition or collection of stamp taxes on goods imported from Shanghai under exemption certificates, Consulate General should take no action in the matter.
809
Apr. 30 (2066) From the Minister in China
Note No. 757 to the Foreign Minister (text printed) in regard to discriminatory practices against American nationals and goods in collection by Chinese authorities of certain surtaxes.
809
May 18 (1223) To the Minister in China
Transmittal of letter from the Smith Co., May 11, stating belief that they should receive refund of wood oil taxes paid at Hankow; instructions to take such action as is deemed advisable.
811
June 20 From the Consul General at Tientsin to the Minister in China
Decision of consular body to transmit to their ministers a protest by the Tientsin General Chamber of Commerce against action of the Provincial Government in ordering an increase in likin rates in violation of undertakings of the National Government.
811
June 27 (515) From the Minister in China (tel.)
Inquiry whether, in view of Legation’s instruction to Hankow, April 22, it is desired that action be taken on Department’s instruction No. 1223 of May 18.
812
July 1 (221) To the Minister in China (tel.)
Instructions to direct Consul General at Hankow to take up matter with local authorities and attempt to effect local settlement; suggestion that company may consider it desirable to prepare formal diplomatic claim.
812
July 12 (564) From the Minister in China (tel.)
From Hankow, July 10: Recommendation that Nanking Government be requested to cancel special tax imposed on the Smith Co. for storage of wood oil at Hankow, as tax is purely discriminatory.
Information that this message was repeated to Nanking with instructions (text printed) to register emphatic protest with Foreign Ministry and urge cancelation of tax.
813
July 23 (617) From the Minister in China (tel.)
Advice that Consul at Nanking is being instructed to renew representations to the Foreign Minister in the matter of discrimination against the Smith Co.
From Hankow, July 16: Advice that present tax on storage of wood oil has no relation to the special tax abolished in April.
813
Aug. 17 (725) From the Minister in China (tel.)
From Nanking, August 15: Advice from Foreign Minister that Customs at Hankow has been instructed to discontinue collection of taxes on wood oil stored by the Smith Co.
814
Oct. 18 (903) From the Minister in China (tel.)
Observation that customs notification No. 1157, August 12 (excerpt printed), provides for unilateral action by customs authorities in matter of disputes with regard to valuation of imports instead of arbitral method of procedure specified in Sino-American treaty of October 20, 1920; assumption that no protest should be made.
814
Oct. 21 From the Minister in China to the Consul at Tsingtao
Instructions to lodge protest with local authorities against discriminatory features of the goods tax now being collected at Tsingtao.
816
Oct. 24 (347) To the Minister in China (tel.)
Advice that no reasons are perceived for protesting against application of the new procedure outlined in telegram No. 903, October 18.
816
Nov. 20 (1016) From the Minister in China (tel.)
From Hankow, November 18: Information that the trade is again agitated by collection of special tax on wood oil under consolidated tax schedules and that tax officials are enforcing tax in a drastic manner.
Proposal to instruct Consul General that, in absence of discrimination, a protest to Foreign Ministry is not called for, and to suggest that he attempt informally to bring about less drastic means of collecting tax.
(Footnote: Information that the Department approved the proposal by telegram No. 383, November 23.)
816
[Page CVIII]

Protests by the United States Against Proposed Chinese Financial Measures Diverting Revenues From Payment of American Loans in Default

[Page CIX] [Page CX]
Date and number Subject Page
1929 Jan. 28 (59) From the Minister in China (tel.)
Note from the Foreign Minister, January 18 (text printed), advising of State Council’s decision to set aside $5,000,000 of new customs revenues for adjustment of foreign and domestic loans and to establish a committee to adjust such loans; proposal of American Minister to acknowledge receipt of note without comment.
817
Feb. 7 (54) To the Minister in China (tel.)
Inquiry whether action has been taken on Department’s telegram No. 414, December 19, 1928 which directed transmittal to Foreign Minister of request for assurance that no policy will be adopted regarding obligations to foreign creditors that will result in discrimination against American creditors. Approval of Minister’s proposal contained in telegram No. 59 of January 28.
818
Feb. 8 (95) From the Minister in China (tel.)
Advice that note in accordance with instructions of telegram No. 414 of December 19, 1928, was dispatched on December 27, 1928; also, that Foreign Minister’s note of January 18 was acknowledged without comment in note of February 7.
818
Feb. 21 (1932) From the Minister in China
Foreign Minister’s note No. L–661, February 6 (text printed), stating that the various American claims are being considered jointly with other foreign claims with a view to establishing a method of procedure for handling.
818
Mar. 9 Memorandum by the Assistant Secretary of State
Conversation with George Bronson Rea of Shanghai concerning possibilities of assisting the Chinese Government to obtain funds for a program of railroad construction.
819
Mar. 21 (196) From the Minister in China (tel.)
Receipt of communications (excerpt printed) from Charles R. Bennett, American group representative in Peking of the Hukuang Railway loan group banks, regarding serious discrimination against foreign bondholders in charges on customs revenues, and expressing hope that protest will be lodged with the Chinese Government. Recommendation for authorization to take up matter with Foreign Minister either jointly or coincidently with interested British, French, and German colleagues.
820
Mar. 27 (105) To the Minister in China (tel.)
Doubt whether renewed protest would accomplish anything of immediate value; permission to discuss matter with colleagues.
821
June 15 (198) To the Minister in China (tel.)
Understanding that Central Executive Committee is considering proposal whereby 150 millions of British and Russian Boxer Indemnity funds may be used for issuance of bonds to finance completion of Canton-Hankow and Lunghai Railways; instructions to investigate and report, especially as to possible granting of preferential rights to the countries named in supplying of materials.
822
June 21 (499) From the Minister in China (tel.)
From Nanking, June 20: Approval by Central Executive Committee, June 17, of proposal substantially as outlined in Department’s telegram No. 198, June 15; information that there will be no preference as to nationality of materials to be purchased abroad.
822
June 26 (510) From the Minister in China (tel.)
From Nanking, June 24: Information from the British Minister that Parliament had not yet made public the terms by which the British Boxer Indemnity would be remitted to China, and that it was likely that Parliament would decide that the money should be used to purchase British goods.
823
June 29 (522) From the Minister in China (tel.)
From Nanking, June 28: Advice that the British Minister reminded the Foreign Minister of the existing contractual obligations with respect to railway construction which the British Government expected to be fulfilled by the Chinese Government.
823
July 3 (2174) From the Minister in China
Information that a joint note was forwarded on June 24 to the Foreign Minister by the American, British, and French diplomatic representatives, protesting against partial default in payment of the service of the loan due June 3.
824
Aug. 5 (1313) To the Minister in China
Instructions to investigate reported formation and first meeting of a commission for readjustment of domestic and foreign debts, and to furnish opinion whether the formation of this commission affords a favorable occasion for calling attention to the sums owed by the Chinese Government to American citizens and organizations.
824
Sept. 3 Memorandum by the Assistant Secretary of State
Conversation with Mr. Rea of Shanghai who expressed the opinion that the speech at Amsterdam by Mr. Lamont of J. P. Morgan & Co. had put a quietus on any possibility of securing such a loan as Mr. Rea had originally undertaken to obtain for Chinese railway construction.
825
Sept. 9 From the Consul at Nanking (tel.)
Assurance by Foreign and Finance Ministries that work of committee is just beginning and that there is no foundation for press reports that foreign creditors will soon be invited to Nanking.
826
Oct. 16 (893) From the Minister in China (tel.)
Memorandum of conversation between the Consul General at Shanghai and the Chinese Minister of Finance, October 5 (text printed), from which the Consul General gained the impression that all indebtedness for railway equipment would be given preference over loans and other debts.
827
Oct. 24 (346) To the Minister in China (tel.)
Request for opinion as to advisability of arranging for presentation to the Commission of American claims of indebtedness.
828
Oct. 26 (930) From the Minister in China (tel.)
Opinion that the politico-military situation makes the present time unadvantageous for presenting American claims to the Commission.
828

Continued Negotiations Concerning the Federal Telegraph Company’s Contract With the Chinese Government

Date and number Subject Page
1929 Sept. 25 (1353) To the Minister in China
Draft note for the Foreign Minister (text printed), requesting on behalf of the Federal Telegraph Co. that the Chinese Government fulfill certain obligations imposed upon it by contract of January 8, 1921, as amended, in order that the company may proceed with erection and operation of radio stations in China.
(Footnote: Information that the note was dated and dispatched October 31.)
829
Nov. 4 (959) From the Minister in China (tel.)
From Nanking: Confirmation by Ministry of Communications of press report concerning proposed establishment of special government committee to revise existing cable, telephone, and wireless contracts with foreign corporations.
831
Nov. 14 (998) From the Minister in China (tel.)
From Nanking, November 3: Information from the Ministry of Communications that proposed special committee will deal only with contracts of Great Northern and Eastern Extension Telegraph Companies.
831
Dec. 16 (1156) From the Chargé in China (tel.)
Press dispatch, December 14 (text printed), reporting that the Eastern Cable Co. will soon be notified that its contract will not be renewed in its present form.
832
Dec. 29 (1199) From the Chargé in China (tel.)
Press dispatch from Nanking, December 26 (text printed), reporting that notice of cancelation of contract was served on the Federal Telegraph Co. on December 24 and that the notice requested dispatch of representatives to Nanking to enter into new negotiations.
(Footnote: Information that notice that their contracts would expire on December 31, 1930, was given to the Great Northern Telegraph Co., Ltd; to the Eastern Extension, Australasia and China Telegraph Co., Ltd; and to the Commercial Pacific Cable Co., Ltd.)
832
1930 Jan. 3 (9) From the Chargé in China (tel.)
From Nanking, December 30, 1929: Information from Minister of Communications that the Government has not yet officially notified the Federal Telegraph Co. of cancelation of its contract, but that both the American and Japanese wireless contracts will definitely be canceled.
833
[Page CXI]

Chinese Regulations Restricting Importation of Radio Equipment and Materials

[Page CXII]
Date and number Subject Page
1929 Mar. 1 (1133) To the Minister in China
Instructions to ascertain whether regulations governing importation and use of radio apparatus have been promulgated by the National Government, and if they have, whether they would prohibit dissemination of radio messages received by broadcast from stations in foreign countries.
833
Apr. 20 (D–67) From the Consul at Nanking to the Minister in China
Letter from official of Ministry of Communications, April 17 (excerpt printed), reporting recent issuance of an order that permission of Ministry of War must be secured for importation of radio apparatus; press dispatch, April 18 (text printed), stating that the Commissioner of Foreign Affairs of Kiangsu has been instructed to lodge a protest with the French Consul General in Shanghai against the dispatching and receiving of commercial messages by the French radio station.
834
May 16 From the Consul General at Shanghai (tel.)
To Peking: Information that the prohibition against further importation of radio equipment, issued April 13, was only brought to the attention of American exporters when they attempted to enter shipments from America, and that there is over $100,000 of American radio materials now on the high seas.
835
May 18 (166) To the Minister in China (tel.)
Instructions to advise the Chinese Government of the hardship inflicted upon American importers by lack of reasonable notice and urge extension of time for entry of goods now in transit.
836
May 23 (415) From the Minister in China (tel.)
Information that the Department’s telegram No. 166, May 18, was repeated to the Consul General at Shanghai with instructions (text printed) for representations if deemed expedient; report from the Consul General, May 22, that he deemed immediate action necessary and made representations to the Foreign Minister.
836
June 1 (181) To the Minister in China (tel.)
Inquiry as to present status of prohibition against importation of radio equipment.
837
June 5 (448) From the Minister in China (tel.)
From Shanghai, June 4: Advice that the embargo is still absolute.
Consul General’s representations of May 22 (text printed); inquiry whether Department desires that further representations be made.
837
June 7 (187) To the Minister in China (tel.)
Authorization for the Legation to act on its own discretion; suggestion that further representations be withheld unless specific complaints are received from importers.
838
June 20 (495) From the Minister in China (tel.)
From Shanghai, June 19: Note from the Foreign Ministry, June 14 (text printed), quoting text of letter from Minister of Finance in which it is stated that the issuance of permits by the Ministry of War for the import of radio apparatus has been discontinued by mandate and that Finance Ministry is now considering a way to modify or adapt the restrictions to circumstances.
838
July 15 (570) From the Minister in China (tel.)
From Nanking, July 13: Advice that ratification by China of the international radio telegraph convention signed at Washington in 1927 is almost completed.
(Footnote: Information that the Chinese instrument of ratification, together with a declaration, was deposited by the Chinese Minister with the Department of State on June 23, 1930.)
839
July 31 Chinese Regulations
Restricting importation of radio equipment and materials.
839
Dee. 12 (6309) From the Consul General at Shanghai to the Chargé in China
Letter from the local Commissioner of Customs (excerpt printed), stating that he has not been notified of removal of the embargo.
840

Difficulties in China of the Central Asiatic Expedition of the American Museum of Natural History

[Page CXIII]
Date and number Subject Page
1929 May 13 Memorandum by the Secretary of State
Conversation with the Chinese Minister in which the Secretary of State pointed out the impossibility of the conditions which the Chinese Government was seeking to impose on the Roy Chapman Andrews expedition and requested that the Foreign Minister be advised of these views in order that the expedition might be permitted to go forward as soon as possible.
841
May 20 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Secretary of State, after having heard replies received by the Minister from his Government, stated that the replies did not quite meet the situation, and the Minister promised to telegraph again, hoping to have a more favorable answer.
842
June 4 Memorandum by the Assistant Secretary of State
Conversation between the Secretary of State and the Chinese Minister in which the Secretary expressed the hope that the Minister could persuade his Government to find some solution to permit the finds of the expedition to leave China, so that the expedition could proceed with its work.
843
June 10 (460) From the Minister in China (tel.)
Information concerning Minister’s efforts with the Foreign Minister on behalf of the Andrews expedition.
846
June 12 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister who advised that his Government had issued a permit for export from China of the 35 cases of finds of the Andrews expedition into Mongolia in 1928, but stated that the question of disposal of the collections of the 1929 expedition remained to be settled under the new regulations now in preparation.
847
June 18 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary advised that Dr. Andrews had sent a telegram from which it would appear that the Cultural Society was itself dictating the terms under which the expedition should proceed and that the Museum was very much discouraged and was prepared to withdraw its expedition rather than go ahead under these arrangements.
847
June 24 Memorandum by the Secretary of State
Conversation with the Chinese Minister who stated that a demand for a Chinese expert to go as co-director with Dr. Andrews had been made by the Chinese society, but not by the Chinese Government, and stated that he did not anticipate any trouble on that score.
849
June 28 (219) To the Minister in China (tel.)
Request for information on present status of Andrews expedition.
849
July 2 (528) From the Minister in China (tel.)
Advice that Dr. Andrews considers situation hopeless due to the unfriendly attitude of the Cultural Society, but that he is awaiting further instructions from the Museum.
849
July 12 Memorandum by the Secretary of State
Conversation with the Chinese Minister who stated that the Chinese had given up their claim to have a Chinese co-director go with the expedition.
850
July 19 (596) From the Minister in China (tel.)
Insistence of Cultural Society on division of 1929 finds before permission is granted to send collections to the United States for study; Minister’s concurrence in Dr. Andrews’ report to Museum that no hope is seen for the future unless there is a complete change in attitude of the Government.
850
July 26 Memorandum by the Assistant Secretary of State
Conversation with the Chinese Minister in which the Assistant Secretary of State explained that the attitude of the Cultural Society made it impossible for the expedition to go ahead.
851
July 29 From the President and the Director of the American Museum of Natural History, New York
Information that Dr. Andrews has been directed to send the other members of the expedition back to the United States but to remain in Peking himself and await the results of further negotiations; statement of views on the points at issue.
852
[Page CXIV]

Informal Representations To Protect American Firm From Action of the Japanese Police in the South Manchuria Railway Zone

Date and number Subject Page
1929 June 25 (2179) From the Minister in China
Instructions to the Consul at Mukden (text printed), informing him that informal representations have been made to the Japanese Legation which it is hoped will prove sufficient to cause the Japanese police to cease their efforts to close the office of Foster-McClellen Co., an American firm, doing business in the Japanese Railway Settlement at Mukden, such action being in complete disregard of the extraterritorial privileges enjoyed by American citizens in China.
853
Aug. 16 (2262) From the Minister in China
Belief that the action of the Japanese police was taken not in response to Government regulations, but in response to regulations of June 1928, as promulgated by an association of Japanese chemists and drug dealers which has been fairly successful in driving out German and Russian competitors in Manchuria.
(Footnote: Information from the Minister in despatch No. 438, September 4, 1930, that no further action in the case was taken; also, that company’s office was not closed.)
855

Assent by the United States to the Proposal of the Chinese Government Respecting Payment of Remitted Boxer Indemnity Funds

Date and number Subject Page
1929 Aug. 14 To the Secretary of the Treasury
Inquiry whether any objection is seen to granting to the Minister in China authorization to make the monthly payments of the 1908 Boxer indemnity remission directly to the China Foundation of Education and Culture, in accordance with arrangements now before the Executive Yuan for approval.
856
Sept. 24 (315) To the Minister in China (tel.)
Letter from the Treasury Department (excerpt printed), stating nonobjection to suggested procedure for payment of the 1908 Boxer indemnity remission, and suggesting form of receipt to be secured; instructions to hand the payments to the China Foundation when the proposed procedure has been approved by the Executive Yuan.
857
Oct. 18 (904) From the Minister in China (tel.)
Receipt of sealed petition of Ministry of Education and sealed Order in Council of the Executive Yuan; transmittal to China Foundation of July, August, and September installments of the 1908 remission.
858

Determination and Payment of American Claims Under the Agreement in Settlement of the Nanking Incident of March 24, 1927

[Page CXV] [Page CXVI]
Date and number Subject Page
1929 Jan. 22 (43) From the Minister in China (tel.)
Refusal of Chinese Commissioners on Sino-American Claims Commission to consider claims filed by the Woo brothers, American citizens of Chinese parentage; request for instructions as to support to be given to their claims, in view of their dual nationality and domicile in country of their other allegiance.
858
Jan. 30 (41) To the Minister in China (tel.)
Advice that the Woo claims should be accorded the same support as other American claims.
859
Feb. 2 (83) From the Minister in China (tel.)
From American Commissioners: Information that all American claims have been verified and assessed with the exception of the U. S. Government’s claim, which the Chinese request be submitted in detailed form, and the matter of payment of interest on claims, to which the Chinese refuse to agree.
Instructions to American Commissioners, January 15, to reaffirm position that the claims settlement agreement specifies that the Commission is to accept and approve the U. S. Government’s claim as presented.
859
Feb. 9 (57) To the Minister in China (tel.)
Approval of instructions to American Commissioners; instructions to direct Commissioners to reopen discussion of the interest question.
861
Feb. 27 (79) To the Minister in China (tel.)
Instructions to direct American Commissioners to dispose of the Woo claims and the-interest question by reserving right to negotiate elsewhere for adjustment; also, if the Commission concludes its work as suggested, to endeavor to secure agreement with Chinese Government regarding the Woo claims, the interest question, and payment of further installments on total damages awarded.
862
Mar. 11 (168) From the Minister in China (tel.)
Concurrence of Foreign Minister in view that the Woo claims and the interest question should be reserved for diplomatic negotiations; his intention to consult Finance Minister with regard to hastening payment of further installments.
862
Mar. 15 From the American Commissioners on the Sino-American Joint Commission
Final report of the Commission, March 13 (text printed).
863
June 1 (182) To the Minister in China (tel.)
Instructions to inform the Foreign Minister of the U. S. Government’s satisfaction at the way in which the Joint Commission has done its work; to enquire regarding the time and manner of payment of the awards; and to state that if the amounts awarded to American claims are paid promptly, the U. S. Government will not be disposed to press further the claim for interest.
869
June 10 (2138) From the Minister in China
Information that the note was dispatched to the Foreign Ministry, June 10, in accordance with telegram No. 182, June 1, but that it was deemed inexpedient to include suggestion regarding waiver of interest.
870
July 11 (228) To the Minister in China (tel.)
Instructions to point out to Foreign Minister that certain claimants are in urgent need of the sums awarded to them and to urge prompt settlement.
870
July 16 (578) From the Minister in China (tel.)
Information from the Foreign Minister that the Finance Minister has been instructed to devise means of payment.
871
Aug. 2 (667) From the Minister in China (tel.)
Note from the Foreign Minister, July 29 (excerpt printed), stating that it is planned to make monthly payments of $100,000 each, beginning in August.
(Footnote: Information that the first payment of $100,000 Mex. had been made in April 1929 and that the final payment was made in 1933.)
871

Efforts of the United States To Obtain Amends From the Chinese Government for the Killing of Dr. Walter F. Seymour

Date and number Subject Page
1929 Jan. 9 (719) From the American Minister in China to the Chinese Minister for Foreign Affairs
Unacceptability of Foreign Minister’s note of November 27, 1928 (excerpt printed), which states that Dr. Walter F. Seymour was apparently killed by a stray bullet, inasmuch as all evidence points conclusively to wanton murder.
872
Feb. 20 Memorandum by the Counselor of Legation in China
Conversation with the Foreign Minister, January 24, in which the Counselor of Legation remarked on U. S. Government’s dissatisfaction with the way the Chinese Government had handled the Seymour case.
837
Undated Memorandum by the Minister in China
Conversation with the Foreign Minister, March 7, in which the Foreign Minister requested the name of the gatekeeper who saw the shooting, and said that he would endeavor to obtain the gatekeeper’s testimony.
(Note: Information that the Minister in China, in a memorandum of a conversation with the Foreign Minister, February 26, 1930, stated that he had gained the impression that nothing further on the subject could be expected.)
874

Special Mission to the State Burial of the Late Nationalist Leader, Sun Yat-sen, at Nanking, June 1, 1929

[Page CXVII]
Date and number Subject Page
1929 Feb. 28 (80) To the Minister in China (tel.)
Opinion that U. S. Government should accede to the request of the Chinese Government for appointment of a special representative to participate in the state burial of Sun Yat-sen.
875
Mar. 18 (96) To the Minister in China (tel.)
Belief that instructions to the Minister to attend ceremonies as special representative of the U. S. Government will be sufficient, such instructions to be forwarded by the Minister to the Chinese Government.
876
Apr. 25 (317) From the Minister in China (tel.)
Foreign Office note, February 9 (text printed), extending invitation to the state burial. Agreement of the diplomatic body to notify the Foreign Office of appointment in a manner similar to the procedure suggested in telegram No. 96, March 18.
876
May 3 (147) To the Minister in China (tel.)
Instructions to inform the Chinese Government that the American Minister has been designated to attend the ceremonies; authorization to take the military and/or naval attaché.
877
May 22 (169) To the Minister in China (tel.)
Information that the Navy Department has instructed the commander in chief, Asiatic Fleet, to attend the ceremonies as a member of the special mission.
877
June 24 (2166) From the Minister in China
Report on the ceremonies.
878

COLOMBIA

Agreement Between the United States and Colombia Granting Reciprocal Facilities to Aircraft of American Registry in Colombia and of Colombian Registry in the United States, Including the Panama Canal Zone

[Page CXVIII]
Date and number Subject Page
1929 Feb. 9 (11) To the Minister in Colombia (tel.)
Draft note proposed to be exchanged between the United States and Colombia (text printed) granting reciprocal facilities to aircraft of American registry in Colombia and of Colombian registry in the Panama Canal Zone; instructions to endeavor to obtain agreement of Colombian authorities.
879
Feb. 15 (14) To the Minister in Colombia (tel.)
Inquiry whether any progress has been made and request for opinion whether agreement can be concluded shortly.
880
Feb. 15 (26) From the Minister in Colombia (tel.)
Advice that the Colombian Minister in Washington has been instructed to accept proposed exchange of notes with certain modifications, the principal one being the granting of reciprocal facilities to Colombia in the United States, as well as in Panama.
880
Feb. 16 (16) To the Minister in Colombia (tel.)
Acceptability of proposed changes, with slight modifications.
881
Feb. 19 (27) From the Minister in Colombia (tel.)
Information that Colombian Minister has been authorized to sign agreement with one slight addition.
881
Feb. 23 To the Colombian Minister
Confirmation of understanding regarding reciprocal facilities for commercial aircraft.
882
Feb. 23 (327) From the Colombian Minister
Confirmation of understanding regarding reciprocal facilities for commercial aircraft.
883
Feb. 27 (28) From the Minister in Colombia (tel.)
Opinion of Foreign Minister that Pan American Airways could begin service upon formal notification to the Colombian Government through the American Legation that the company desired to initiate service.
884
Feb. 28 (18) To the Minister in Colombia (tel.)
Presumption that the Legation has forwarded formal notice requested by Foreign Minister.
884
Mar. 1 (29) From the Minister in Colombia (tel.)
Reply in the affirmative.
884

Suspension of Negotiations for Commercial Treaties With Colombia and Other Countries

Date and number Subject Page
1929 Nov. 9 (107) To the Minister in Colombia
Authorization to state, if occasion arises, that U. S. Government has temporarily suspended all commercial treaty negotiations.
885

CUBA

Proposal by Cuba That the Commercial Convention Between the United States and Cuba, Signed December 11, 1902, Be Revised

Date and number Subject Page
1929 Jan. 10 From the Cuban Ambassador
Observations on the U. S. Tariff Commission’s report entitled “The Effects of the Cuban Reciprocity Treaty of 1902”; suggestion that the Cuban Government would be willing to enter into an understanding on the basis of a reciprocal interest, whereby Cuba would be granted free entry of a limited quantity of sugar.
887
Feb. 20 To the Cuban Ambassador
Advice that careful consideration is being given to the suggestion and arguments contained in note of January 10.
893

Representations Against Proposed Legislation Contravening the Right of American Intervention in Cuba

[Page CXIX]
Date and number Subject Page
1929 Apr. 23 (359) To the Ambassador in Cuba
Instructions to make oral representations to President Machado against possibility of enactment of a bill introduced into the legislature which would contravene the right of American intervention in Cuba.
894
May 2 (653) From the Ambassador in Cuba
Assurance by President Machado that he would use his influence to prevent passage of the bill and that, if it were passed, he would veto it.
896

Agreement Between the United States and Cuba To Submit the Claim of Charles J. Harrah to Arbitration

[Page CXX] [Page CXXI]
Date and number Subject Page
1926 June 12 (720) To the Ambassador in Cuba
Facts in the claim of Charles J. Harrah, an American citizen, against Cuba for damages arising from alleged illegal demolition of his railroad and other property and consequent destruction of the business for which the railway was built; opinion that claimant has suffered a denial of justice and that the amount of damages could best be determined by arbitration; instructions to bring matter to attention of the Foreign Office.
897
July 16 (119) From the Chargé in Cuba (tel.)
Receipt of Foreign Office reply, dated July 13, containing refusal to entertain proposal of arbitration.
902
1927 Apr. 14 (943) To the Ambassador in Cuba
Transmittal of brief by Mr. Harrah’s attorneys, March 29, restating the case and making categorical replies to allegations contained in Cuban Government’s note of July 13, 1926; instructions to renew representations to the Foreign Office, furnishing a copy of the brief.
902
June 23 (2128) From the Chargé in Cuba
Transmittal of Foreign Office reply to Embassy’s latest representations; information concerning interview with the Cuban Under Secretary of State who stated that the brief would be submitted to President Machado so that another attorney might be delegated to study matter, but pointed out that the Cuban Government considered the brief very unjust.
904
Aug. 5 (1036) To the Chargé in Cuba
Instructions to deliver to Foreign Office a note stating U. S. Government’s view that it is entitled to have the claim considered on its merits, which was not done in the recent Cuban note; further instructions for oral representations.
(Footnote: Dispatch of note, August 11, 1927, to the Foreign Office.)
905
1928 Mar. 14 (57) To the Ambassador in Cuba (tel.)
Instructions to inform Foreign Office that 7 months’ delay in replying to U. S. Government’s representations is prejudicing Mr. Harrah’s other financial interests.
909
Aug. 16 (216) To the Ambassador in Cuba
Information that the allegations of the claimant have not been satisfactorily disposed of by the answers of the Cuban Government, including Cuban reply of March 30; opinion that matter is one properly to be submitted to an arbitral tribunal for decision; instructions to take up matter with the Cuban Government and to emphasize the strong desire of the U. S. Government to see the case brought to an early and satisfactory conclusion.
909
1929 Jan. 11 (550) From the Ambassador in Cuba
Information that the Ambassador asked President Machado, in an informal note dated January 3, for an answer on the question of arbitration; advice from the Secretary of State that President Machado had decided to submit question to a committee of lawyers; desire to submit copy of draft arbitral agreement to lawyers’ committee for study.
913
Feb. 13 (315) To the Ambassador in Cuba
Transmittal of draft arbitral agreement; observation that United States cannot be bound by report of lawyers’ committee; instructions to press President Machado for an early decision.
914
Feb. 21 (589) From the Chargé in Cuba
Intention of President Machado to give an answer within a fortnight.
915
Apr. 4 (626) From the Ambassador in Cuba
Information that the Ambassador requested President Machado and the Cuban Secretary of State to have the report of the lawyers’ committee expedited.
916
Apr. 18 (36) To the Ambassador in Cuba (tel.)
Instructions to state to President Machado and the Foreign Office that the U. S. Government must insist that the claim be submitted to arbitration without further delay.
916
May 7 (655) From the Ambassador in Cuba
Information from President Machado that the Cuban Government would agree to arbitrate; intention of Cuban Secretary of State to submit in a few days his suggestions concerning form of proposed arbitration agreement.
917
May 24 (54) To the Ambassador in Cuba (tel.)
Inability to understand why the Cuban Secretary of State’s suggestions have not been forthcoming; instructions to insist that matter be given prompt attention.
917
May 31 (687) From the Ambassador in Cuba
Receipt of note from the Cuban Secretary of State containing statement of willingness to arbitrate; Ambassador’s intention, in view of absence of reference to draft arbitral agreement, to inquire regarding acceptability of the stipulations of the draft.
918
June 13 (716) From the Chargé in Cuba
Inability to obtain any definite date when the Foreign Office reply regarding draft arbitral agreement may be expected.
918
July 6 (412) To the Chargé in Cuba
Inability to understand delay in deciding form of arbitral agreement; transmittal of draft agreement revised to conform with general treaty of inter-American arbitration signed on January 5; instructions to take up matter with Foreign Office and present copy of revised draft.
919
Aug. 21 Memorandum by Mr. Jacob A. Metzger, Assistant to the Solicitor
Opinion that, with the exception of certain points objected to by claimant’s attorneys, Cuban counterdraft of arbitral agreement should be acceptable to the Department.
920
Oct. 1 (105) From the Chargé in Cuba (tel.)
Signature of arbitral agreement.
921
Oct. 1 Agreement Between the United States of America and Cuba
Submitting the Harrah claim to arbitration.
921
Undated [Rec’d Dec. 3] From the American Arbitrator (tel.)
Information that the arbitral tribunal began its sessions on December 2.
(Note: Information in memorandum by the Office of the Legal Adviser, October 23, 1936, that the arbitral tribunal decided May 27, 1930, that the Cuban Government was liable; also, that the Cuban Government offered a settlement of $350,000, which was accepted by the U. S. Government and is being paid to the claimant.)
923

DENMARK

Arrangement Between the United States and Denmark for Reciprocal Treatment of Passenger Motor Vehicles

Date and number Subject Page
1928 Sept. 4 (125) From the Danish Minister
Willingness, on condition of reciprocity, to grant freedom from taxation for three months to passenger automobiles of foreign ownership and registry; inquiry as to formalities and conditions which would have to be complied with to exempt Danish automobiles in the United States.
924
Oct. 27 To the Danish Minister
Information that there is no Federal tax on automobiles and that the States grant reciprocity to foreign visitors; data on customs exemptions; hope that reciprocal treatment will be granted to American citizens desiring to drive automobiles in Denmark.
924
1929 Feb. 2 (14) From the Danish Minister
Regulation issued by the Ministry of Public Works, January 18, and copy of act of July 1, 1927, concerning taxation on automobiles (texts printed), providing exemption from taxation for three months for passenger automobiles of American ownership and registry.
925
[Page CXXII]

Proposed Reciprocal Extension of Free Importation Privileges to Consular Officers of the United States and Denmark

Date and number Subject Page
1929 Apr. 2 (792) From the Minister in Denmark
Inability of Danish Government to agree to proposed reciprocal extension of free importation privileges to American and Danish consular officers.
927
Apr. 6 (795) From the Minister in Denmark
Report of conversations with the Foreign Minister and the Director General of the Foreign Office in which they expressed regret that they were unable to obtain consent of the Ministry of Finance to proposed reciprocal extension of free importation privileges to American and Danish consular officers.
929

EGYPT

Treaties of Arbitration and Conciliation Between the United States and Egypt, Signed August 27, 1929

Date and number Subject Page
1928 Aug. 17 (27) To the Minister in Egypt (tel.)
Delivery to Attaché of the Egyptian Legation, August 16, of note proposing negotiation of treaties of arbitration and conciliation and submitting draft texts.
931
Oct. 20 (41) From the Minister in Egypt (tel.)
Observation by the Under Secretary of Foreign Affairs that, as proposed treaties could in no way involve mixed court decisions, no obstacle existed to their conclusion.
931
Nov. 2 (33) To the Minister in Egypt (tel.)
Assertion that the treaties have the same relation to mixed courts and their decisions as to other Egyptian courts; instructions to make no unsought explanations but, if it appears necessary, to inform Foreign Office orally of the Department’s views.
931
Dec. 27 (103) From the Minister in Egypt
Foreign Minister’s intention to instruct Egyptian Minister at Washington to conclude proposed treaties.
932
1929 Aug. 27 Treaty Between the United States of America and Egypt
Of arbitration.
932
Aug. 27 Treaty Between the United States of America and Egypt
Of conciliation.
934

Proposed Changes in the Regime of the Mixed Courts in Egypt

[Page CXXIII] [Page CXXIV]
Date and number Subject Page
1929 Jan. 9 (3) To the Minister in Egypt
Desire for the Legation’s recommendations before formulating reply to the Egyptian note of October 28, 1928, reopening general question of capitulations and mixed courts.
936
Jan. 14 (1) From the Minister in Egypt (tel.)
Suggestions for U. S. Government’s reply.
936
Jan. 25 (3) From the Minister in Egypt (tel.)
Opinion that U. S. Government should make known its desire for representation on the mixed courts on a par with the other principal capitulatory powers; suggestion that early reply to Egyptian note is desirable.
938
Jan. 26 (4) To the Minister in Egypt (tel.)
Note for the Egyptian Government (text printed).
939
Feb. 1 (136) From the Minister in Egypt
Dispatch of note, January 31, with one slight departure from Department’s text.
940
Mar. 8 (10) To the Minister in Egypt (tel.)
Instructions to advise the Egyptian Government that an unfortunate impression would be produced upon the U. S. Government by failure to recognize principle of equal representation, so far as Americans are concerned, in the forthcoming appointments to the Mixed Courts of Appeal and of First Instance.
941
Apr. 18 (95) From the American Minister in Egypt to the Egyptian Prime Minister and Acting Minister for Foreign Affairs
Desire for recognition of principle of equal representation of principal capitulatory powers on mixed court judiciary; supplementary memorandum (text printed), which is a written statement of oral remarks made on the subject by the American Minister’s predecessor.
942
May 10 (29) From the Minister in Egypt (tel.)
Information from the Acting Foreign Minister concerning Egyptian intention to present to the powers a proposal to extend mixed court jurisdiction to all cases now adjudged by consular courts and to make the suggested constitution of a new chamber of five judges dependent upon replies of the powers; his assurance that U. S. wishes regarding representation will be given every consideration.
952
May 11 (32) From the Minister in Egypt (tel.)
Understanding that it is unlikely that a new chamber of appeals consisting of five judges will be created; promise of British judicial adviser to support appointment of an American to fill expected vacancy in Court of First Instance.
953
June 3 (40) From the Minister in Egypt (tel.)
Inquiry whether to take advantage of judicial adviser’s promise to support nomination of an American for a vacancy in the Cairo courts coming up in October.
954
June 12 (42) From the Minister in Egypt (tel.)
Advice that judicial adviser will support eventual appointment of a third American judge to the Court of First Instance at Cairo; information from the Prime Minister that he has secured consent to appointment of another American judge to fill vacancy reported in telegram No. 40, June 3.
954
Nov. 19 (69) From the Minister in Egypt (tel.)
Receipt of formal note from Foreign Minister requesting nominations for the Cairo appointment; desire for instructions.
955
Nov. 29 (82) To the Minister in Egypt
Names of three candidates; instructions to advise when Egyptian Government has made its choice.
(Footnote: Telegram No. 13, January 21, 1930, from the Minister in Egypt, reporting that decree appointing Julian Wright was published in the official journal, January 20.)
955

Proposed Establishment of an Egyptian Customs Regime Through Legislative Action

Date and number Subject Page
1929 Feb. 20 (145) From the Minister in Egypt
Foreign Office note, February 14 (text printed), stating intention to establish a new customs regime through legislative action upon lapse, February 16, 1930, of the conventions still in force; Foreign Minister’s plan to submit draft of commercial treaty.
955
Aug. 6 (35) To the Chargé in Egypt (tel.)
Disinclination of the Department to raise the issue whether Egyptian Government has authority to make new customs tariffs without obtaining consent of the capitulatory powers; instructions to ascertain views of colleagues.
957
Aug. 16 (50) From the Chargé in Egypt (tel.)
Information that colleagues seem to be willing for conclusion of modus vivendi providing acceptance of new tariff provisionally for a limited period, but that they wish first to examine proposed customs law and tariff schedules.
(Note: Transmittal to the Department by the American Minister, December 19, 1929, and January 4, 1930, of texts of draft customs laws and schedules.)
957

Assent by the United States to the Collection of the Gaffir Tax From American Nationals

[Page CXXV]
Date and number Subject Page
1929 Aug. 7 From the Egyptian Minister for Foreign Affairs to the American Chargé in Egypt
Desire for assent by U. S. Government to application to American nationals of new gaffir tax proposed to be levied beginning January 1, 1930.
958
Oct. 8 (42) To the Minister in Egypt (tel.)
Authorization, if and when the other capitulatory powers consent to collection of gaffir tax from their nationals, to give U. S. Government’s consent to collection from American nationals, effective from date of notification of U. S. Government’s consent.
960
Nov. 22 (70) From the Minister in Egypt (tel.)
Receipt of Egyptian note requesting early reply; request for permission to reply that the U. S. Government’s consent may be considered effective if and when the other powers consent, and to propose clarification of article 2 of the gaffir tax law.
960
Dec. 5 (51) To the Minister in Egypt (tel.)
Nonobjection to proposal regarding article 2.
960
Dec. 6 (170) From the American Minister in Egypt to the Egyptian Minister for Foreign Affairs
Notification of U. S. Government’s consent to application of gaffir tax to American nationals if and when other capitulatory powers give their consent; suggestion for clarification of article 2.
(Footnote: Information concerning subsequent modification of draft decree and its eventual promulgation on May 2, 1931.)
961

ESTONIA

Treaties of Arbitration and Conciliation Between the United States and Estonia, Signed August 27, 1929, and Negotiations for Similar Treaties With Latvia

[Page CXXVI]
Date and number Subject Page
1928 Apr. 16 To the Estonian Consul General in New York in Charge of Legation
Proposal for conclusion of treaties of arbitration and conciliation; submittal of draft texts.
(Sent mutatis mutandis on April 6 to the Latvian Consul General in New York in Charge of Legation.)
963
June 4 (5346) From the Minister at Riga
Note from the Estonian Assistant Minister for Foreign Affairs, May 26 (text printed), declaring willingness to enter into treaty negotiations and stating intention to submit certain alterations in draft treaties.
964
Aug. 28 (5523) From the Minister at Riga
Desire of Latvian and Estonian Foreign Ministers to follow a common policy with regard to international undertakings; confidential memorandum from the Latvian Foreign Minister, August 20 (text printed), respecting revisions desired in the treaties.
965
Sept. 11 (554) To the Minister at Riga
Desire to maintain uniformity in the series of arbitration and conciliation treaties; instructions to endeavor to expedite negotiations.
967
Oct. 20 (60) To the Minister at Riga (tel.)
Instructions to point out to Estonian and Latvian Governments that the proposed amendments seem unnecessary, giving reasons for this view.
967
Nov. 6 (90) From the Chargé at Riga (tel.)
Information that the Latvian Foreign Minister believes the Department’s arguments will probably remove objections, but that he requests a list showing the countries with which the United States has concluded similar arbitration and conciliation treaties; advice from the Consul at Tallinn that the Secretary General of Estonian Foreign Office doubts that the Department’s arguments could change Estonia’s viewpoint.
968
Nov. 6 (5683) From the Chargé at Riga
Confirmation of telegram No. 90. Despatch from the Consul at Tallinn, October 30 (text printed), regarding conversation with the Estonian Assistant Minister for Foreign Affairs, October 29, in which the latter explained reasons for proposing amendments to the draft treaties.
968
Nov. 10 (63) To the Chargé at Riga (tel.)
List of countries with which the United States has concluded similar treaties of arbitration and conciliation; further arguments in support of contention that treaties as drafted should be acceptable; instructions to endeavor to obtain Estonia’s acquiescence but not to refuse to receive specific alternative proposals.
972
1929 Jan. 2 (5805) From the Chargé at Riga
Note dated December 17, 1928, from the Estonian Assistant Minister for Foreign Affairs (text printed) setting forth interpretation of article I of the draft arbitration treaty and requesting to be advised whether the U. S. Government concurs in that interpretation.
972
Jan. 30 (5) To the Minister at Riga (tel.)
Willingness to accede to Estonian interpretation of article I.
(Footnote: Communication of this position to the Estonian Foreign Minister in American Minister’s note of March 27.)
973
June 11 (6203) From the Minister at Riga
Note to the Latvian Foreign Minister, May 29, and his reply, June 3 (texts printed), setting forth identical interpretation of article I of draft arbitration treaty.
974
Aug. 27 Treaty Between the United States of America and Estonia
Of arbitration.
975
Aug. 27 Treaty Between the United States of America and Estonia
Of conciliation.
977
Sept. 10 (6399) From the Minister at Riga
Information that the Commission on Foreign Relations of the Saeima is studying the whole matter of Latvian adherence to the optional clause of the Hague Statute and proposed conclusion of treaties of arbitration and conciliation with the United States and other powers.
(Footnote: Signature by the United States and Latvia, January 14, 1930, of treaties of arbitration and conciliation.)
979

ETHIOPIA

Treaties of Arbitration and Conciliation Between the United States and Ethiopia, Signed January 26, 1929

[Page CXXVII]
Date and number Subject Page
1928 Sept. 10 (15) To the Minister in Ethiopia
Instructions to transmit to the Ethiopian Government for consideration draft texts of treaties of arbitration and conciliation; suggested covering note (text printed).
980
Dec. 19 From the Minister in Ethiopia (tel.)
Readiness of Ethiopian Government to conclude treaties with certain modifications.
981
Dec. 28 (27) To the Minister in Ethiopia (tel.)
Nonobjection to modifications; advice that full powers to sign are being forwarded.
981
1929 Jan. 26 Treaty Between the United States of America and Ethiopia
Of arbitration.
982
Jan. 26 Treaty Between the United States of America and Ethiopia
Of conciliation.
983

Proposed Court in Ethiopia To Have Jurisdiction Over Foreign Nationals

Date and number Subject Page
1929 Aug. 10 (38) To the Minister in Ethiopia (tel.)
Information that the proposal of diplomatic corps at Addis Ababa for establishment of court having jurisdiction over foreign nationals is agreeable to the Department, but that the proposal needs further redrafting and consideration; instructions to ascertain attitude of the other interested powers.
986
Aug. 14 (241) From the Minister in Ethiopia
Approval and submission by the other diplomatic representatives of written proposal to the Ethiopian Government. Request for instructions, since the Ethiopians will assume U. S. adherence unless the Legation makes a formal statement to the contrary.
986
Nov. 1 (101) To the Minister in Ethiopia
Information that the Department’s objections were not leveled against scheme as a whole but that it was thought a more careful drafting was needed.
988

FRANCE

Supplementary Extradition Convention Between the United States and France, Signed January 15, 1929

Date and number Subject Page
1929 Jan. 15 (9294) From the Chargé in France
Explanation of the revisions made in draft text of supplementary extradition convention negotiated with France.
990
Jan. 15 Supplementary Extradition Convention Between the United States of America and France
Enlarging the list of crimes and offenses on account of which extradition may be granted under convention of January 6, 1909, to include infractions of laws concerning poisonous substances.
991
[Page CXXVIII]

Problems of Tariff Administration Regarding French Exports to the United States and American Exports to France

Date and number Subject Page
1929 Mar. 7 (9400) From the Ambassador in France
Foreign Office note, March 6, and enclosed draft agreement (texts printed), relative to the verification by U. S. Treasury officials in France of declarations of value made by French exporters.
992
July 13 (4161) To the Chargé in France
Reply for Foreign Office (text printed) explaining nature of duties which U. S. Treasury representatives would perform in France, and advising that the State and Treasury Departments have recommended to Congress the elimination of section 510 of the Tariff Act which prohibits entry of goods from a foreign manufacturer or shipper who refuses to give U. S. Treasury representatives necessary information to enable determination of foreign or export value.
995
Aug. 13 (9759) From the Chargé in France
Foreign Office reply, August 9 (text printed), stating nonobjection to return of Treasury representatives to France, in view of modifications which abrogation of section 510 and assurances set forth in U. S. reply would effect in their powers, and expressing desire that representatives be attached to American consulates.
999

Exemption From Taxation of United States Trade Commissioners and Customs Representatives in France

Date and number Subject Page
1928 May 19 (142) To the Ambassador in France (tel.)
Instructions to request French authorities to postpone efforts to collect income, personal, and local taxes from U. S. trade commissioners and customs representatives in France in order that whole question of taxation of U. S. officials in France may be discussed.
1002
May 25 (8635) From the Ambassador in France
Promise of Foreign Office to transmit question to Finance Ministry with favorable recommendation.
1002
1929 Jan. 8 (9265) From the Chargé in France
Foreign Office note, December 30, 1928 (text printed), stating that trade commissioners and customs representatives will be considered as forming part of the American diplomatic mission and will be exempt from personal taxes.
1003
Feb. 15 (3065) To the Ambassador in France
Information that trade commissioners and customs representatives are not to be considered as being invested with a diplomatic character or as enjoying general diplomatic immunities other than exemption from taxation.
1005
[Page CXXIX]

Efforts by the Department of State To Protect American Motion Picture Interests From Restrictions Imposed by French Film Regulations

[Page CXXX] [Page CXXXI]
Date and number Subject Page
1929 Mar. 28 (86) To the Chargé in France (tel.)
Memorandum for the Foreign Minister (text printed), expressing hope that appropriate steps will be taken to alleviate serious injury to American motion picture interests resulting from restrictions imposed on importation of foreign films.
(Instructions to repeat to Berlin, Budapest, Madrid, Prague, Rome, and Vienna.)
(Footnote: Information that following presentation of notes to the respective Foreign Ministers at Berlin, Budapest, Madrid, Prague, Rome, and Vienna, no further action on the part of the Department was taken.)
1006
Apr. 19 (161) From the Chargé in France (tel.)
Receipt of French reply; information that informal conversations will start the following day between the Under Secretary of Fine Arts, the Commercial Attaché, and representatives of American and French film interests.
1007
Apr. 19 (9487) From the Chargé in France
Foreign Minister’s reply of April 18 (text printed), phrased in courteous and general terms.
1008
May 2 (189) From the Chargé in France (tel.)
Understanding that at meeting of American and French film interests held on May 1 the American representatives had no proposals to suggest and took an aggressive attitude which is believed to be ill-calculated to facilitate the course of further negotiations.
1009
May 4 To the President of the Motion Picture Producers and Distributors of America, Inc. (tel.)
Observation, in view of Embassy’s report concerning meeting of French and American film interests, May 1, that success of the present negotiations is largely dependent on cordiality and united action.
1010
May 5 From the President of the Motion Picture Producers and Distributors of America, Inc. (tel.)
Concurrence in suggestion that cordiality and united action are essential; observation that reports at hand do not agree with inference received from the Department’s telegram; intention to send a representative to call on the Department.
1010
May 7 (138) To the Chargé in France (tel.)
Information from representative of the Hays organization that American interests are unalterably opposed to contingent plan and will fight present system in any form, but that they would find acceptable increased customs duties or taxes.
1011
May 9 (145) To the Chargé in France (tel.)
Observation, in connection with press reports that French Government is considering a plan to levy high tax on foreign films entering France and turn the proceeds over to the French film industry, that section 303 of the Tariff Act apparently makes mandatory the imposition of countervailing duties on exportation to the United States of any articles enjoying directly or indirectly benefit of a bounty or grant upon production in the country of origin.
1011
May 11 (206) From the Chargé in France (tel.)
Inquiry whether application of section 303 is so probable that the Commercial Attaché should inform the Under Secretary of Fine Arts with regard to it.
1012
May 13 (154) To the Chargé in France (tel.)
Opinion that the Commercial Attaché should mention section 303 and its possible consequences in the course of his conversations with the Under Secretary of Fine Arts.
1013
May 28 (177) To the Chargé in France (tel.)
Concern of Hays organization over report that Commercial Attaché told the Minister of Fine Arts that film industry would be satisfied with continuance of the previous year’s status; instructions to report the facts.
1013
May 29 (242) From the Chargé in France (tel.)
Information that the Commercial Attaché made it clear to the Under Secretary of Fine Arts that only the complete abolition of the contingent system would be acceptable, but stated personal opinion that, if maintenance of the status quo was the only possible temporary method of keeping the way open for eventual adoption of another system, American film interests might be willing to resume their sales.
1014
June 3 (180) To the Chargé in France (tel.)
Receipt of report that French Cabinet will probably decide on 4 to 1 quota and 30 percent free entry for 3 years; instructions to inform Foreign Office that American film interests cannot accept such decision and will withdraw entirely from France as soon as their contracts expire.
1015
June 7 (266) From the Chargé in France (tel.)
Information from the Foreign Office that the French Government has reached no decision; also that it hopes that Plays can be persuaded to withdraw his instructions regarding the closing of film establishments in France.
1015
June 10 (274) From the Chargé in France (tel.)
Understanding that the Under Secretary of Fine Arts stated to representatives of American film interests on June 7, that the Cabinet could not come to a decision on the film question until the matter of debt agreements was out of the way.
1016
June 10 (192) To the Chargé in France (tel.)
Statement issued to the press (text printed) concerning the negotiations at Paris on the film question; suggestion that it might be well for the Chargé to issue a similar statement in Paris.
1016
June 11 (277) From the Chargé in France (tel.)
Opinion that it would be unwise for the Embassy to give out the press statement.
(Footnote: Department’s instructions to the Chargé in telegram No. 197, June 13, to use his discretion regarding release of statement.)
1017
July 12 (333) From the Chargé in France (tel.)
Note from the Under Secretary of Fine Arts (text printed) asking whether the American film representatives have replied in the negative to film commission’s inquiry regarding their willingness to continue or resume business in France during the time which would be required to study and adopt a new system.
1018
Sept. 18 (427) From the Chargé in France (tel.)
Information from Hays organization representative concerning clause which they desire to have inserted in the proposed agreement.
1019
Sept. 19 (429) From the Chargé in France (tel.)
Approval by Under Secretary of Fine Arts and American film representatives of draft agreement; desire of Under Secretary that, if agreement is accepted by Hays and there remains no further obstacle to immediate signature and required action by the French film commission, U. S. Government send an official reply to French Government’s note of July 11.
1019
Sept. 19 (433) From the Chargé in France (tel.)
Signature of agreement; presumption that the French film commission will take the necessary action at its next meeting.
1021
Sept. 21 (299) To the Chargé in France (tel.)
Telegram from Mr. Hays, September 20 (excerpt printed), giving assurances that upon approval of agreement by the French film commission and the competent ministry, American companies will start selling in France; instructions to convey these assurances to French authorities.
1021
Sept. 25 (447) From the Chargé in France (tel.)
Information that the U. S. official reply was gratifying to French authorities; advice that as the French film commission approved the agreement on September 24 and the Under Secretary of Fine Arts has reiterated his approval, the present negotiations have come to a successful conclusion.
1022

Protest Against Use of the Design of the American Flag for Advertising Purposes as Contravening the Convention of June 2, 1911, for the Protection of Industrial Property

Date and number Subject Page
1929 Sept. 19 (4253) To the Chargé in France
Information that the French trade-mark office issued a trade-mark which bears the design of the American flag, in contravention of the convention of June 2, 1911, for the protection of industrial property; instructions to request the Foreign Office to take steps to have the trade-mark invalidated.
1023
Nov. 23 (10035) From the Chargé in France
Receipt of Foreign Office note stating that owner will register a renunciation of the trade-mark.
1024
[Page CXXXII]

GERMANY

Interest of the United States in the Plan for the Final Settlement of German Reparations Recommended by the Committee of Experts, June 7, 1929

[Page CXXXIII] [Page CXXXIV] [Page CXXXV] [Page CXXXVI]
Date and number Subject Page
1929 Jan. 12 Memorandum of a Conversation Between the Secretary of State and the British Ambassador
Discussion of the U. S. Government’s desire not to have an American as the chairman of the Experts Committee.
1025
Jan. 17 (32) From the Chargé in France (tel.)
Letter from the Reparation Commission and enclosure (texts printed), inquiring whether the U. S. Government has any objection to the appointment of Owen D. Young and John Pierpont Morgan to the Experts Committee; receipt of identical communication from the German Government. Commission’s desire that the U. S. reply be furnished by January 19.
1026
Jan. 18 (29) To the Chargé in France (tel.)
Inability to understand what further communication the Governments need, inasmuch as they all authorized the British Ambassador at Washington to make arrangements for participation of American experts and he has already received the U. S. Government’s approval.
1027
Jan. 19 (39) From the Ambassador in France (tel.)
Information that Young and Morgan have been appointed to the Committee and that the Committee expects to meet in Paris on February 9; also that replies have been made to the Reparation Commission and the German Government in the sense of the Department’s telegram No. 29, January 18. Explanation that the British Ambassador at Washington had acted on his own initiative and unknown to the Commission, which, in submitting the communication transmitted January 17, was merely conforming to the procedure previously arranged with the Department.
1027
Jan. 21 (31) To the Ambassador in France (tel.)
Explanation that the Department had understood that, when the British Ambassador spoke in the name of the Governments, the procedure previously arranged was canceled; approval of replies sent by the Ambassador.
(Note: List of members of the Experts Committee under the chairmanship of Mr. Young.)
1028
Feb. 28 (60) To the Ambassador in France (tel.)
For Young: Desire for general review of the work of the Committee.
1029
Mar. 3 (84) From the Ambassador in France (tel.)
From Young: Information concerning the work of the Committee. Advice that a study is being made of the question of establishing an international bank to handle German obligations through normal channels of finance and commerce.
1029
Mar. 28 (114) From the Ambassador in France (tel.)
From Young: Advice that the Committee had reached an impasse through inability to get figures on the table and that the chairman, therefore, made a statement at the morning meeting (text printed), proposing certain figures for discussion.
1034
Mar. 28 (115) From the Ambassador in France (tel.)
Memorandum circulated at the morning session by the Belgian, British, French, and Italian experts (texts printed) proposing that German reparation payments be divided into two categories to cover (1) exterior debts of creditor European states towards the United States, and (2) internal claims resulting from damage sustained by civilian population.
1036
Apr. 8 (102) To the Chargé in France (tel.)
For Wilson, American unofficial representative on the Reparation Commission: Message for Young (text printed) quoting a Treasury Department memorandum which expresses opposition to having an American serve as director of the international bank, to division of German payments into two categories, and to reduction of payments made on account of mixed claims below amount payable under standard annuity.
1038
Apr. 9 (103) To the Chargé in France (tel.)
Instructions to confer with Frank B. Kellogg, former Secretary of State, concerning the subjects contained in telegram No. 102, April 8, and, if Mr. Kellogg is in accord with the sentiments expressed in the Treasury memorandum, to state hope that he will confer with American experts and use his influence along lines of the memorandum.
1040
Apr. 10 (139) From the Chargé in France (tel.)
From Kellogg: Concurrence in views expressed in telegram No. 102, April 8, and arrangements for conference with American experts.
1040
Apr. 11 (141) From the Chargé in France (tel.)
From Kellogg: Report of conference with American experts.
1041
Apr. 11 (145) From the Chargé in France (tel.)
From Young: Advice that, as the American experts were designated to act as free agents and not as representatives of the U. S. Government, they cannot regard the Treasury memorandum as an instruction; opinion that the apprehensions set forth in that memorandum rest upon a misunderstanding.
1043
Apr. 12 (146) From the Chargé in France (tel.)
From Wilson: Letter to Young (text printed), expressing concern over reported intention of the four principal creditor groups to submit definite proposals to the Germans whereby all army costs in arrears, including the largely unsatisfied U. S. Army costs, will be wiped out and the mixed claims awards of the United States and Germany paid over a period of 58 years; Young’s statement that American experts had declined to sign the proposal or assume any responsibility for it.
1045
Apr. 12 (147) From the Chargé in France (tel.)
From Kellogg: Information of his conferences with Lamont and Young regarding the Allied proposals.
1048
Apr. 12 (148) From the Chargé in France (tel.)
From Young: Advice that, as now drafted, the offer of the four principal creditor powers does not contain any provision for U. S. Army costs but does provide for payment of mixed claims over a 58-year period; information that offer will be made to the Germans in plenary session, that if they consider it, subcommittee will be appointed to hear proposals of minor powers, and that the U. S. Government could file its protests or state its views to the subcommittee at that time.
1049
Apr. 13 (149) From the Chargé in France (tel.)
Memorandum by the experts of the four principal creditor powers (text printed) submitted to the Germans at the morning plenary session and containing proposed series of annuities.
1051
Apr. 13 (109) To the Chargé in France (tel.)
For Young: Understanding that reparation figures will soon be made public; hope that no publicity will be given to the figures until complete statement of the U. S. Government’s position can be forwarded.
1054
Apr. 15 (154) From the Chargé in France (tel.)
From Young: Memorandum prepared by Young at the request of the four principal creditors, and submitted to the full Committee (text printed) proposing, on the basis of his statement of March 28, definite figures for each of the four principal creditors and schedule of annuities to be paid by Germany.
1054
Apr. 15 (112) To the Chargé in France (tel.)
For Young: Complete statement of the U. S. Government’s position on the points under discussion.
1059
Apr. 15 (155) From the Chargé in France (tel.)
Receipt by American Chargé and representatives of minor powers of invitation to confer with experts of five creditor powers in orders that basis of their proposals may be explained and views may be requested. Request for instructions.
1062
Apr. 17 (156) From the Chargé in France (tel.)
From Young: Opinion that the way for U. S. Government’s views to be indicated, and perhaps to have the Allied proposals modified, would seem to be opened by the invitation from the principal creditor powers.
1063
Apr. 17 (114) To the Chargé in France (tel.)
Instructions, if and when meeting is held, to telegraph immediately the specific questions asked and request instructions.
1064
Apr. 19 (163) From the Chargé in France (tel.)
From Young: Intention, as soon as present critical situation has crystallized sufficiently to permit a forecast as to possibility of holding further conferences with any hope of reaching agreement, to make full reply to message of April 15.
1065
May 2 (133) To the Chargé in France (tel.)
For Young: Inquiry whether, if work of Committee is resumed, it might not still be possible to attack the problem from a purely economic point of view.
1065
May 10 (203) From the Chargé in France (tel.)
Opinion that it would be inadvisable for the Chargé to appear before Committee unless the U. S. Government is willing to state readiness to accept a proportionate reduction in U. S. share of German annuity.
1067
May 11 (148) To the Chargé in France (tel.)
Concurrence in Chargé’s judgment; authorization to tell Young, however, that in event experts are ever definitely prepared to allocate the annuity among the various creditors, the Chargé will appear before Committee and state U. S. Government’s position; outline of the basis of settlement which the United States would accept.
1068
May 13 (208) From the Chargé in France (tel.)
Observation that the 1,988 million gold marks average annuity is exclusive of the service of the Dawes loan; request for confirmation of assumption that this fact was taken into consideration when position defined in telegram No. 148 of May 11 was formulated.
1070
May 13 (152) To the Chargé in France (tel.)
Advice that service of the loan was not taken into consideration in making calculations; willingness, however, to stand on figures contained in telegram No. 148 of May 11.
1070
May 16 Statement Issued to the Press by the Secretary of State
Information that the U. S. Government will not permit any officials of the Federal Reserve System to participate in the proposed new international bank now under discussion by the Experts’ Committee.
1070
May 17 (216) From the Chargé in France (tel.)
Advice that press statement of May 16 has caused considerable reaction, that the French expert is considerably discouraged, and that the German expert is being attacked by Nationalists on ground that the United States now disapproves bank scheme.
1071
May 17 (164) To the Chargé in France (tel.)
Instructions to inform Young that the U. S. Government does not object to creation of the proposed international bank nor to participation therein of private American banks and bankers, but does object to participation of any American official in a bank for the collection and distribution of reparations, which it has been against U. S. policy to claim.
1072
May 18 (224) From the Chargé in France (tel.)
Advice that the situation has apparently been straightened out by the message contained in telegram No. 164, May 17, and that the problem now is the question of distribution.
1073
May 19 (165) To the Chargé in France (tel.)
Instructions to state to Young, for communication to the Committee, that the President will recommend to Congress that the United States agree: (1) To accept 90 percent of its claims, due September 1, 1929, provided France and Great Britain will make similar concession, (2) to accept a flat annuity of 40,800,000 gold marks to be paid annually until mixed claims are discharged, and (3) to place Army costs in the conditional class, but to insist, however, that mixed claims payments be placed in the unconditional class.
1075
May 20 (225) From the Chargé in France (tel.)
Information that the position stated in telegram No. 165, May 19, was communicated by the Chargé to the representatives of the four principal creditor groups in informal meeting. Request for clarification of certain minor points.
1076
May 21 (167) To the Chargé in France (tel.)
Supplementary explanations of points set forth in telegram No. 165, May 19.
1077
May 23 (233) From the Chargé in France (tel.)
Letter to presiding officer of the creditor groups (text printed) conveying the recommendations which the President will make to Congress. Information that the creditor groups have reached agreement on distribution, which the Chargé feels is insufficient to satisfy American claims. Suggestion that the United States accept lower interest rate of 4½ percent. Request for certain Treasury figures.
1078
May 25 (171) To the Chargé in France (tel.)
Reasons why it will be impossible for the United States to take further steps until the experts’ report is sent to the governments; advice that any further diminution in annuities to be paid the United States might add seriously to the opposition in Congress to acceptance of the schedule to be presented by the President.
1081
May 25 (174) To the Chargé in France (tel.)
Transmittal of certain Treasury figures as requested.
1082
May 31 (246) From the Chargé in France (tel.)
Advice that the Committee appears to be reaching agreement and may have final report ready for signature within a week; understanding that creditor groups have not allotted to the United States anything in the unconditional group; opinion that this matter can be taken up when the conference of governments is held to put the new plan into effect.
(Footnote: Information that the report was signed on June 7.)
(Note: Information that the conference was held at The Hague, August 6–31, 1929, for the purpose of putting the experts’ plan into effect, and that the United States was represented by Wilson as observer with specifically limited powers.)
1082
[Page CXXXVII]

Negotiations for an Agreement To Provide for Payment of American Army of Occupation Costs and Mixed Claims Commission Awards

[Page CXXXVIII]
Date and number Subject Page
1929 Sept. 14 (64) To the Ambassador in Germany (tel.)
Instructions to ascertain whether Germany will enter into agreement to pay directly to the United States the annuities recommended in report of the Experts Committee.
(Instructions to inform Edwin C. Wilson, American acting observer on the Reparation Commission.)
1083
Oct. 26 (201) From the Ambassador in Germany (tel.)
Foreign Office aide-mémoire, October 25 (text printed), stating readiness to enter into negotiations and suggesting that the two Governments jointly acquaint the other creditor governments with the fact of negotiations.
1085
Oct. 26 (78) To the Ambassador in Germany (tel.)
Information that press reports of U. S.-German negotiations made it necessary for the Secretary of State to announce the fact at his press conference; nonobjection if German Minister at Brussels wishes to notify the president of the Hague conference, but inability to see necessity for American Minister to be associated with him in such action.
1086
Nov. 2 (359) To the Chargé in France (tel.)
Telegram for repetition to Berlin (text printed), stating that Wilson is being instructed to proceed to Berlin to present draft agreement and enter into negotiations with German representative.
1087
Nov. 7 (209) From the Ambassador in Germany (tel.)
From Wilson: Presentation of draft agreement; German representative’s hope that a postponement or safeguard clause similar to the revision clause contained in Young Plan might be included; and American representative’s view that such a clause would probably be inacceptable to the United States.
1087
Nov. 12 (215) From the Ambassador in Germany (tel.)
From Wilson: German inquiry whether the United States would agree to renounce its rights to sanctions and special pledges under the treaties; German desire for revision or safeguard clause.
1088
Nov. 13 (217) From the Ambassador in Germany (tel.)
From Wilson: Discussion of further points raised by German representative; German inquiry whether the 45 million marks allocated to mixed claims might be maintained until the claims are paid, reducing proportionately in the first years the allocation to army costs and increasing it in the later years; German desire for information as to the basis on which the total of mixed claims awards has been computed.
1091
Nov. 19 (83) To the Ambassador in Germany (tel.)
For Wilson: Nonobjection in principle to ultimate renunciation of rights to sanctions and pledges in event proposed agreement and Young Plan become effective; inability to accept any so-called revision or safeguard clause.
1094
Nov. 19 (84) To the Ambassador in Germany (tel.)
For Wilson: Inability to consider reallocation of annuities as between army costs and mixed claims; revised figures on estimated total of mixed claims awards.
1097
Nov. 19 Memorandum by the Assistant Secretary of State
Record of conversations with representatives of the Belgian, British, French, and Italian Embassies individually, in which the Assistant Secretary outlined nature of the agreement under discussion with Germany.
1101
Nov. 29 (241) From the Ambassador in Germany (tel.)
From Wilson: Receipt by Foreign Office of practically identical notes from the four principal creditor governments; British note, November 20 to the president of the Hague conference (text printed), stating acquiescence in proposed U. S.-German agreement.
1101
Dec. 2 (247) From the Ambassador in Germany (tel.)
From Wilson: German decision to waive safeguard clause, on strictly confidential understanding that Germany reserves the right to reopen negotiations in event other powers at The Hague raise objection to U. S.-German agreement and thereby make it impossible to put agreement into force without changing the Young Plan; German request for new draft regarding U. S. renunciation of pledges and right to employ sanctions; German request for provision granting Germany 5½ percent discount on advance payments.
1102
Dec. 8 (103) To the Ambassador in Germany (tel.)
For Wilson: Opinion that the strictly confidential understanding desired by Germany is unnecessary and undesirable; suggestion for revising clause relating to renunciation of pledges and sanctions; inability to accede to request for 5½ percent discount on advance payments.
1104
Dec. 28 (117) To the Ambassador in Germany (tel.)
Statement issued to the press by the Acting Secretary of the Treasury, for release December 29 (text printed), advising that the U. S. and German Governments have reached accord on an agreement which will be submitted to Congress for authorization to conclude it.
(Footnote: Information that agreement was subsequently signed on June 23, 1930, pursuant to act of Congress, June 5, 1930.)
1105

Reciprocal Treatment To Be Accorded by the United States and Germany to Consular Staffs in the Payment of Import Duties and Other Taxes

[Page CXXXIX]
Date and number Subject Page
1926 Apr. 9 (72) From the Ambassador in Germany (tel.)
Refusal of Hamburg customs authorities to admit goods duty-free for American consuls; information from Foreign Office that it is ready to accept on a basis of reciprocity whatever interpretation U. S. Government cares to put on article 27 of the treaty of friendship, commerce and consular rights of December 8, 1923.
1106
Apr. 12 (25) To the Ambassador in Germany (tel.)
Information that free entry privileges are being accorded to German consular officers of career under article 27 of the treaty; instructions to insist on full reciprocity for American consular officers in Germany.
1107
1929 Apr. 29 (4504) From the Ambassador in Germany
Aide-mémoire, February 1, to the Foreign Minister (text printed), requesting that American consular officers be granted exemption from internal revenue taxation on articles imported by them; Foreign Office note verbale No. V526, April 11 (text printed), stating that the German Government cannot grant the desired exemption but reserves right to revise its point of view in case U. S. Government should arrive at a broader interpretation of the term “consular officers’ which has been under discussion by the German Embassy and the Department of State in Washington.
1107
Dec. 9 (5142) From the Ambassador in Germany
Receipt from Foreign Office of decree granting to foreign consular officers in Germany exemption from customs duties and internal taxes, provided reciprocity is granted by the appointing state. Request for telegraphic authorization to inform Foreign Office that German consular officers in the United States enjoy the privilege of free importation on basis of reciprocity.
1111
Dec. 31 (118) To the Ambassador in Germany (tel.)
Authorization as requested.
1111