893.012/40: Telegram
The Secretary of State to the Minister in China (MacMurray)
272. Your 652, July 30; 576, July 16; and Shanghai’s despatch 6178, May 17. After careful consideration of applicable laws and facts, the Department is of the following opinion: First, Char is a citizen of China and a citizen of the United States. Second, the Provisional Court having first assumed jurisdiction over him as a Chinese citizen, there exists no legal basis for questioning that jurisdiction. Third, Char had previously so conducted himself as to emphasize his Chinese citizenship. His statement filed with the Ministry of Railways that he is a native of Kwangtung appears purposely misleading and he has been closely associated and officially connected with the Government of China. These facts, while perhaps not legally sufficient to effect his expatriation, nevertheless warrant and justify refusal on the part of the American Government to intervene in his behalf as an American citizen.
Accordingly no action looking to Char’s release from the custody of the Chinese authorities should be taken by the Legation or the Consulate General. If the Consular Body should decide to protest the case on the ground of alleged violation of the Rendition Agreement, Department has no objection to Cunningham’s participation therein.