893.05/73: Telegram

The Minister in China ( MacMurray ) to the Secretary of State

364. My telegram 327 of August 14, 4 p.m.

Individual signing of the rendition agreement was agreed upon. I understand all consuls concerned have signed or promised to do so. Chinese have signed.
The Italians have made eleventh-hour demands which may delay the exchange of notes that must precede actual rendition. These demands are: (a) An Italian always to be included among senior consul’s deputies for criminal cases; (b) an Italian deputy to function in cases involving Chinese employed by Italians; (c) extraterritorial lawyers to be permitted to practice in purely Chinese cases; (d) Italy to be represented on the International Commission [Page 1035] for the Revision of the Rules of Procedure (my telegram 297, July 23, 4 p.m., paragraph 1 (b).
These questions have been referred to the Shanghai consuls for settlement. I am informed that compromise seems possible on all points but 2 (c) above to which Cunningham reports the Chinese are unalterably opposed. If the necessity arises I shall follow course outlined in my telegram No. 308, July 30, 4 p.m., paragraph 2, but even more extreme measures may be necessary to secure early rendition. The question may arise whether the other powers concerned could not effect rendition without concurrence of Italy.