893.00/10631
The Secretary of State to the Chargé in China (Perkins)
Sir: The Department has received the Legation’s despatch No. 2397 of October 25, 1929,29 regarding a communication from the Commander of the Yangtze Patrol to the Consul General at Shanghai, stating that protection will not be afforded to any American vessel which contracts to carry members of the military forces of China, or arms, ammunition or other non-commercial articles, such as opium.
As you are aware, Article XXXIII of the Sino-American Treaty of 184430 provides inter alia that citizens of the United States trading in opium shall not be entitled to protection from the Government of the United States. Article II of the Sino-American Treaty of 188031 prohibits American citizens and vessels from importing or transporting opium in China, and in order to execute the provisions of this latter Article, Congress has enacted legislation making it a misdemeanor for citizens of the United States to traffic in opium in China (see Act approved February 23, 1887, Section 332). The Department believes that the decision of the American naval authorities that American vessels contracting to carry opium shall not be afforded naval protection is in conformity with the treaty provisions and the legislation referred to above.
With regard to contracts entered into by American shipping companies to carry arms and ammunition, your attention is invited to the Department’s telegram No. 333 of October 14, 1929. The transportation of munitions of war by American merchant vessels would appear to entail great risk of involving such vessels in Chinese military operations and the Department would see no objection in principle to the withholding of American naval protection from vessels engaged in the business of transporting such munitions.
I am [etc.]