893.01/317: Telegram

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

265. Your 592, August 2, 3 p.m. Department considers that the signing of the treaty on July 25 with representative of the Nationalist Government constitutes technically recognition of that Government and that ratification by the Senate is not necessary to give effect to the recognition.

However, I am considering ways and means and proper occasion for making public affirmation in the near future, as a diplomatic act and for diplomatic effect, that this Government has recognized the Nationalist Government.

In the interval, I am declining here to discuss for publication or to reply to inquiries on the subject of recognition and, pending my decision with regard to action to be taken in the above connection, I desire that you avoid answering inquiries with regard to the legal effect of the action taken hitherto.

In view of first paragraph above, I see no reason why we should not as occasion requires deal with the Nationalist Government in all matters [Page 193] embraced within your points 1 to 4 inclusive and point 7. With regard to fifth point, claims hitherto filed are now automatically claims against the Nationalist Government. Whether old claims should be re-presented and new claims filed is a question of policy upon which the Department will instruct you as occasion demands.

With regard to point 6, naval honors and ceremonies, I think it advisable for the moment to make no change.