893.00/5321
The Secretary of State to the Minister in China (Schurman)
Sir: Reference is made to your despatch No. 1952, dated November 26, 1923, transmitting copies of two despatches from the Consulate General at Canton regarding an attempt on the part of the local Chinese authorities to interfere with the free movement of American naval vessels in certain regions stated to have been affected by a declaration of martial law.
[Page 741]It appears that the Consul General at Canton in a communication dated November 13, 1923 addressed to the local Commissioner of Foreign Affairs, took the position that this Government could 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 the Legation has approved the action of the Consul General, subject to the comment that it would have been desirable for him to have added a phrase indicating that the movements of American vessels are based upon treaty stipulations. You state that upon receipt of the Department’s approval you intend to circularize the American consuls in China in regard to this incident.
Article IX of the Treaty of 1858 concluded between China and the United States60 provides in part as follows:
“Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the commerce of their country or for the advancement of science, shall arrive at or near any of the ports of China, commanders of said ships and the superior local authorities of Government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies and making necessary repairs.”
In view of the foregoing treaty stipulations the Department approves of the Legation’s suggestion that it would have been desirable for the Consul General to have made it clear to the local authorities that the movements of American war vessels in Chinese waters are based upon treaty stipulations, and perceives no objection to the Legation circularizing the American consuls in China in the manner suggested in the despatch under acknowledgment.
I am [etc.]
- Malloy, Treaties, 1776–1909, vol. i, p. 214.↩