File No. 19790/2.
Minister Rockhill to the Secretary of
State.
American Legation,
Peking, April 13,
1909.
No. 1137.]
Sir: I have the honor to transmit herewith,
for your information, copy of a note received from the Wai-wu Pu on
the 5th instant, inclosing the form of passport it proposes issuing
to foreigners belonging to countries which have no treaty with
China, and who desire to travel in the interior of China. They are
to be treated in every respect as Chinese subjects.
While the Chinese Government is willing to recognize the right of
treaty powers to protect foreigners belonging to nations not having
treaty relations with China, it declines to recognize that they can
have jurisdiction over them. On the other hand, some of the treaty
powers are inclined to contend that for occidentals in China
extraterritoriality is a natural right, and will probably protest
against China’s claim of jurisdiction over this class of
foreigners.
This question particularly interests France and Russia, as they
protect in China the nationals of nearly all European nontreaty
powers. The matter will probably be submitted to the diplomatic body
for its consideration, and I would be obliged if you would instruct
me as to your views on the subject.
I have, etc.,
[Page 69]
[Inclosure—Translation.]
The Prince of
Ch’ing to Minister Rockhill.
The Foreign Office,
Peking, April 5,
1909.
Your Excellency: I have the honor to
remark to Your Excellency that China ought to exercise full
control over and make subject to the jurisdiction of Chinese law
all natives of countries not in treaty relationship with China
who are residing or traveling in the Empire, treating them in
all respects like Chinese subjects. Formerly, because the method
of procedure in issuing passports to such foreigners was not
settled, the authorities of the different provinces were
notified not to issue passports for the time being.
The board of foreign affairs has now settled the form of passport
to be issued to natives of countries which have no treaty
relations with China, and these forms have been issued to the
provincial authorities. Hereafter if any native of a country
which has no treaty with China desires permission to travel in
China, he will apply to the commissioner of foreign relations
(chiao she shih) if there is a chiao she shih, or to the customs
tao’tai where no chiao she shih has been appointed, for a
passport in the form issued by the board.
When the application is made through the consul of another
country, the same form of passport will be issued, on
verification of which the local officials will give protection
and will treat the holders just as they treat their own
people.
Besides notifying the different provincial authorities a copy of
the passport form is now sent to Your Excellency with the
request that you will notify the different consuls.
A necessary dispatch.
