893.012/42: Telegram

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

826. Department’s 272, August 15, 8 p.m. Following from American Consul General at Shanghai:

“September 12, 10 a.m. Referring to the Legation’s 145, August 19, 10 a.m., concerning the Char case. I propose, subject to the Legation’s approval, to inform the Commissioner of Foreign Affairs that the American Government considers Char to be both a citizen of China and of the United States, but on account of his past conduct in emphasizing his Chinese citizenship no further request will be made for his release.

It is believed that such a communication should be sent to the Commissioner of Foreign Affairs in order to make it clear to the Chinese authorities that our reason for not extending any further protection to Char in this case is due to his business. Otherwise silence on our part may be interpreted to mean that we acquiesce in the Chinese view on the question of jurisdiction over persons of dual Chinese and American nationality.”

I have replied approving the recommendation in his first paragraph.