393.1164 St. Joseph’s/–
The Secretary of State to the Minister in China (MacMurray)
Sir: The Department acknowledges the receipt of your despatch No. 989 of April 15, 1927,20 in which the question is raised as to whether American consular officers in China should or should not invariably file with the Chinese authorities protests against the invasion of the property rights of American persons or organizations, irrespective of the desires in this regard of the persons or organizations affected.
The Department considers that diplomatic intervention on behalf of American interests as a rule has two objects, the one a specific object connected with the particular injury that may have necessitated intervention, the other the general object of bringing about the security and welfare of all American citizens and their legitimate interests in the region in question.
It is conceivable that individual cases may arise in which, in the opinion of the person affected, the latter’s rights and interests may be served more effectively without the lodging of an official protest [Page 141] by an American consular official. Since the specific object in each case is to promote the welfare of the injured party, his opinion in the matter should be asked and if the American consular officer is convinced that it would be more expedient for this purpose to follow some course other than the usual one of making an official protest, the protest may be withheld.
The Department must, however, reserve full liberty in deciding upon what measures are practicable and best calculated to protect the rights and interests of American citizens in general. The measure that is commonly taken following an injury to an American citizen is the filing of an official protest by an officer of this Government. The propriety of such a protest when well founded is not open to question and the practice is so usual that the failure to follow it in one instance may result in creating the impression that the rights that have been violated have been abandoned on behalf of other American citizens. Such an impression would certainly result in detriment to the interests of American citizens in general.
Unless, therefore, the Consul is convinced that some other course would result in greater actual benefit to the injured party he should file an official protest whenever he learns of the violation of the property rights of an American citizen. If the latter is opposed in principle to invoking the diplomatic intervention of this Government and informs the Consul to that effect, the protest should be so worded as to indicate clearly that it is not filed at the instance of the injured party, himself, but on the initiative of the Consul, acting on behalf of the general rights possessed by American citizens. No indemnification should be sought for the person in interest except at his request.
I am [etc.]
- Not printed.↩