893.01/292: Telegram
The Minister in China (MacMurray) to the Secretary of State
[Received June 27—3:15 p.m.]
499. Department’s 120, April 14, 4 p.m., and previous, and Shanghai’s despatch No. 5491 of May 5 to the Legation,98 copy of which was sent to Department.
- 1.
- I have received the following letter, dated Shanghai June 20, from
H. D. Rodger:
“I have the honor to inquire whether the United States Government is now prepared to recognize the Nationalist Government as having capacity to sue in the United States Court for China as a de facto government for the purpose only of filing a suit in said court.
Inasmuch as the Nationalist Government is assuming full control in the civil administration in Peking and practically all of China, it would seem that the Nationalist Government has capacity to sue in the United States Court for China for and on behalf of Republic of China. I request that you transmit to me an early communication in answer to the above enquiry”, which,
- 2.
- Subject to the Department’s approval I propose to make the
following answer:
“In reply to your letter of June 20th I beg leave to inform you that the American Government has been for sometime and now is in de facto relationship with the Nationalist regime established at Nanking. With reference to your specific enquiry whether the Nationalist Government have the capacity to sue in the United States Court for China for and on behalf of the Republic of China, I must advise you that this question appears to be one for judicial determination.”
- Latter not printed.↩