893.00/7661: Telegram
The Chargé in China (Mayer) to the Secretary of State
[Received 4:30 p.m.]
422. My 418, September 20, 4 p.m.
1. I have given most careful consideration to the three telegrams mentioned in my 418, September 20, 4 p.m., as well as to the telegram from Admiral Hough to Admiral Williams, referred to in the first paragraph of Mr. Lockhart’s September 19, 5 p.m., which maintains the differentiation between commercial vessels and ships of war as regards observance of the navigation regulations.
2. I agree in general terms with Lockhart’s and Admiral Hough’s opinion. In relation commercial vessels, there are seemingly insurmountable practical difficulties to our compelling them to refuse to comply with the navigation regulations and to take the risk of running the so-called blockade or to accept convoy which would be very difficult to supply and tactical[ly] as difficult to make effective should the Chinese actually employ artillery fire from the banks of the river. There is likewise the important consideration that American shipping apparently prefers to comply with the regulations, as do the other foreign shipping interests concerned, and that a defiance of the regulations would not meet with their approval and therefore not have their cooperation. I greatly deplore the necessity for the conclusion set forth above since I foresee increasing difficulties for our shipping on the Yangtze, if not a total loss, in the near future, when it may be driven from the river by the restrictions which the Chinese will in all probability increasingly impose. A determined opposition to terminate present regulations, were it practicable, might defer the [Page 636] case envisaged above. [Apparent omission] be the greater of two evils. …
3. [Paraphrase.] I feel that in the situation which faces us we must either retain our warships on the Yangtze by forced [by force of] arms if necessary, or else remove them entirely. I must favor the former alternative, as the latter is unthinkable at this time. I have arrived at this conclusion fully realizing the consequences which may follow. I have instructed our consul general at Hankow as follows: [End paraphrase.]
“September 21, noon. Your two telegrams of September 19, 3 p.m.; and September 19, 5 p.m. Repeat of telegram from Admiral Hough to Admiral Williams mentioned in first paragraph of your September 19, 5 p.m., also received.
- (1)
- In the circumstances you describe, I entirely concur with paragraph No. 2 of your September 19, 5 p.m., and consider it inadvisable to request or compel commercial vessels to disregard the notice forbidding navigation of the Yangtze during certain designated hours in the so-called war zone and that commercial vessels shall stop on a signal for search at certain designated places and times on penalty of being fired upon by artillery if they fail to comply.
- (2)
- While I generally agree with your point in the last paragraph of your telegram of September 19, 5 p.m., with reference to naval vessels, I believe it would be advisable after consultation with Admiral Hough if he so agrees, for him to tell the local military authorities that our war vessels will endeavor to comply with the restrictions on navigation during the night when practicable, but should emergency arise they must disregard this regulation; that we must however continue to place full responsibility upon the Cantonese authorities for any firing upon American war vessels which may be transvering [traversing?] the so-called war zone or otherwise.
- (3)
- You should therefore reply to the Commissioner of Foreign Affairs to the following general effect: that the Government of the United States considers extremely drastic the regulations concerning the navigation of the Yangtze from 6 p.m. to 6 a.m. in the so-called war zone and those concerning search at certain places during the daylight hours on penalty of artillery fire if there has been failure to stop on signal, which are contrary to treaty provisions, but is willing, with due reservation of the treaty rights involve[d] and as a purely temporary measure, not to prevent commercial vessels flying the American flag to comply [from complying?] with these regulations, should they so desire. On the other and, the American Government will not direct its war vessels to comply with the above regulations, and more especially with the circular from the commander in chief of the so-called National Revolutionary Army requesting such vessels promptly to sail down river to a comparatively distant place, and not to anchor in the vicinity of the war zone at Wuhan, in order to prevent danger and avoid misunderstanding. The Government of the United States desires to bring immediately and forcibly to the attention of all the Chinese authorities concerned their grave responsibility should any untoward [Page 637] incident arise from an effort to put these regulations into effect, with which it is obviously impossible for American men-of-war to comply.”30
4. Pursuant to the Legation’s policy as expressed in the Legation’s 360, August 30, 5 p.m., and 403, September 15, 11 a.m., I am instructing the American consul general at Canton to protest vigorously with the authorities there against the navigation regulations and request their cancelation or [apparent omission] on the Yangtze appear to have determined not to comply with the regulations as to their ships of war. No definite information is available regarding British attitude.
6. [sic] I regret exceedingly that the exigencies of the situation prevented my referring preliminarily to you for instructions. I earnestly trust you approve the action taken.
7. Commercial attaché requests that his department be informed of general conditions on the Yangtze.
- The consul general at Hankow telegraphed to the Minister in China on Sept. 26 the text of a note which he had delivered to the Chinese Commissioner for Foreign Affairs embodying the substance of this paragraph (file No. 893.00/7832).↩