611.9331/65: Telegram

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

[Paraphrase]

233. Legation’s telegram No. 555, July 20, 10 p.m.

1.
The text of a note which I wish you to communicate to the Nationalist authorities and which I desire to release to the press here is communicated to you in my 230, July 20, 1 p.m.
2.
In my telegram it was suggested that the proposed note be delivered on July 25. It is suggested that you deliver the note at once to Soong and C. T. Wang and that I be notified when you have done so, that it may be released here. You may state to Soong, in handing the note to him, that you have authority to proceed in the manner indicated in your telegram 555.
3.
As to the text of a treaty on tariff matters such as that which the Department has in mind, it is felt that the draft discussed last October with the Solicitor, though satisfactory as a basis, embodies certain nonessential provisions. The new arrangement should confine itself exclusively to that which is essential for the purpose of relinquishing the old and setting up a new basis for treatment in tariff matters. For that purpose, the substance of all that is essential is set forth, in my opinion, in the Department’s telegram 202, June 23, 3 p.m., third paragraph.

It is suggested that, to this end, the substance of the main stipulations should be along the line following:95

  • “(a) It is agreed by the High Contracting Parties that 4 months after this agreement shall have been ratified, all provisions which appear in treaties hitherto concluded and in force between the United States of America and China relating to rates of duty upon imports and exports of merchandise, drawbacks and tonnage dues in China shall be annulled and become inoperative between the United States and China, subject, however, to the condition that each of the High Contracting Parties shall enjoy in the territories of the other with respect to these and any related matters treatment in no way discriminatory as compared with the treatment accorded therein to any other country.
  • (b) The nationals of neither of the High Contracting Parties shall be compelled, under any pretext whatever, to pay within the territory of the other Party any internal charges or taxes other or higher than those paid by nationals of the country or by nationals of any other country.”

Kellogg
  1. Quotation not paraphrased.