894c.111/8
The Minister in China (Reinsch) to
the Secretary of State
Peking, May 20,
1918.
[Received June 27.]
No. 2057
Sir: I have the honor to enclose for your
information a copy of my note to the Japanese Minister, dated April
24th, in which I communicated the acquiescence of the American
Government to temporary passport control in the Port Arthur territory
and the South Manchuria railway zone; copy of an answer thereto, dated
May 13th, signed by Mr. Yoshizawa, Counselor of Legation, as well as an
acknowledgment by myself, dated May 20th.
I have the honor to point out that the answer of the Japanese Legation
seems to imply that passport control could be as a matter of right
exercised as “an administrative measure based upon Japanese police right
on the railway zone”. Such an interpretation of Japanese police rights
had not hitherto been made and if it is insisted upon it may be
necessary to offer opposition in order to avoid interference with
American rights in China through the exertion of Japanese police
administration.
I have [etc.]
[Enclosure 1]
The American Minister in China (Reinsch) to the Japanese Minister in China (Hayashi)
Mr. Minister and Dear Colleague: In reply
to your note of April 6th,27 I have the honor to
inform you that I have received instructions of my Government to the
effect that it will acquiesce in the application to Americans of the
passport regulations of your Government, made temporarily expedient
by the conditions of the war, as far as concerns Port Arthur leased
territory and South Manchuria railway zone.
[Page 35]
It is to be understood that this acquiescence on the part of my
Government does not in any respect contain any commitment regarding
the relative rights of the Japanese and the Chinese Governments in
these regions, and that it fully reserves the extra-territorial
rights of American citizens in Manchuria.
It is therefore understood that any action against American citizens
in connection with the passport control should be taken with the
concurrence of the American Consul of the respective district.
I avail myself [etc.]
[Enclosure 2]
The Japanese Minister in China (Hayashi) to the American Minister in China (Reinsch)
Monsieur le Ministre: In acknowledging the
receipt of your Excellency’s Note of April 24 last relative to the
Regulations for the control of foreigners in the leased territory of
Kwantung and the South Manchuria railway zone, I have the honor to
inform Your Excellency, under instructions of my Government, that
the authority exercised by them in the Japanese leased territory
being the same as that in Japan, they find themselves to be unable
to recognize the operation within the boundaries of that territory
of extra-territorial rights acquired from China by foreign
countries. My Government, therefore, consider it unnecessary to
obtain the concurrence of the American Consul in the case of
passport control.
In the South Manchuria railway zone, the extra-territorial rights of
Americans are duly respected. The passport control under the new
regulations, however, is in its nature nothing but an administrative
measure based upon the Japanese police right on the railway zone,
and it will be seen therefore that the matter has nothing to do with
the question of extra-territorial rights of Americans in that
zone.
I avail myself [etc.]
For Baron Hayashi:
M.
Yoshizawa
[Enclosure 3]
The American Minister in China (Reinsch) to the Japanese Minister in China (Hayashi)
Mr. Minister and Dear Colleague: I
acknowledge herewith receipt of a letter signed on behalf of
yourself by Mr. Yoshizawa and
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dated May 13th last, in which he referred to the information I
conveyed to you concerning the acquiescence of my Government in the
application to Americans of the passport regulations of your
Government, made temporarily expedient by the conditions of the war,
as far as concerns Port Arthur leased territory and the South
Manchuria railway zone.
I note the statement that the extra-territorial rights of Americans
in the South Manchuria railway zone are duly respected, which I
understand to mean that the passport control will be so exercised
that no action will be taken against American citizens without
concurrence of the American Consul of the respective district.
I avail myself [etc.]
