893.00/5321
The Minister in China (Schurman) to the Secretary of State
Peking, November 26,
1923.
[Received December 28 (?).]
No. 1952
Sir: Referring to the Department’s instruction
No. 208, of August 18, 1922 (File No. 893.00/4544) in regard to
declarations of martial law by the Chinese authorities, I have the honor
to transmit herewith copies of despatches Nos. 28 and 30, of November
14, 1923, and November 19, 1923,58 respectively, from
the American Consul-General at Canton, in which he reports having taken
the position with the de facto authorities at
Canton that he was unable to admit a right on the part of the local
authorities to interfere with the free movement of American naval
vessels in the performance of their duties, this declaration having been
elicited by an attempt by the local authorities to impose restrictions
on the movements of American men-of-war owing to a declaration of
martial law in the region affected. I have the honor to transmit, also,
a copy of my reply to Mr. Jenkins of today’s date,59 in which I approve the action
taken by him, subject to the comment that it would in my opinion, have
been desirable to add a phrase indicating that the movements of American
vessels are based upon Treaty stipulations and are guided thereby.
Upon receipt of the Department’s approval of such a step I desire to
circularize the American Consuls in China in regard to this incident,
supplementing a previous circular transmitting a copy of the
Department’s instruction of August 18, 1922, referred to above.
I have [etc.]
(In the absence of the Minister)
Edward Bell
[Enclosure 1]
The Commissioner of Foreign Affairs of Kwangtung
Province (Fu) to the American Consul
General at Canton (Jenkins)
[Canton,] November 7,
1923.
Sir: I have the honor to inform you that
this office has received an instruction from the Secretary of
Foreign Affairs at the Headquarters, reading as follows:
“This office is in receipt of a communication from Chief of
Staff Lee Lieh Chun stating that in view of the fact that
the military
[Page 740]
operation is now at its zenith, all the strategic zones
around Fu Moon, Chang Chow, I Moon and Wang Moon as well as
other important entrances at the mouths of various rivers
have been declared under martial laws, whereas men-of-war
and vessels belonging to all nations are now only permitted
to enter the port every day from 7 A.M. to 4 P.M. In case
any foreign man-of-war desires to travel in the interior
rivers, she is requested to inform the Consul concerned to
notify the Department of Chief of Staff 48 hours in advance
so that instructions may be issued in order to avoid
misunderstandings.
“The Commissioner of Foreign Affairs is therefore asked to
write to the Consuls of the various Powers to this effect
promptly.”
Having received the above instruction, besides separately notifying
all concerned, I have the honor to send this despatch for your
information and hope that you will kindly inform all men-of-war and
(vessels) of your country to take note of the above.
With compliments.
[Enclosure 2]
The American Consul General at Canton
(Jenkins) to the Commissioner of
Foreign Affairs of Kwangtung Province (Fu)
Canton, November 13,
1923.
Sir: I have the honor to acknowledge the
receipt of your letter of November 7, 1923, relative to martial law
having been declared in certain zones and stating that men-of-war of
foreign nations are only permitted to enter the port between 7 A.M.
and 4 P.M. It is also observed that advance notice is desired
relative to the movements of men-of-war on rivers in the
interior.
In reply I have the honor to inform you that my Government can under
no circumstances admit of any right on the part of the local
authorities to interfere with the free movement of American naval
vessels in the performance of their duties, and that should any
unpleasant incidents occur in this connection the responsibility
will rest with the Chinese authorities.
I have [etc.]
