411.93 Yen Cheng-hsin, heirs of/15
The Secretary of State to the Chargé in China (Perkins)
Sir: With further reference to the Legation’s despatch No. 1086 of June 6, 1927,25 regarding the possible transfer of jurisdiction to the United States Court for China of cases of importance involving charges by Chinese against members of the armed forces of the United States in China and the Department’s instruction in reply No. 938, dated July 30, 1928,25 the Department has noted the statement in the Legation’s despatch No. 1857 of January 10, 1929,25 regarding the Streinz case,26 that until some such way is found out of the present unhappy situation, similar cases will continually arise which will further prejudice Chinese-American relations.
The Department has given further consideration to this general subject in connection with the Streinz case and your comments thereon. It considers that, while the transfer of jurisdiction in this and similar cases to the United States Court for China might possibly prove of advantage, such a transfer of jurisdiction does not seem to be the only method by which an amelioration of the situation may be effected. The Department believes that with greater attention and closer cooperation on the part of the American officials concerned many of the objections felt by the Chinese may be met, even though the present system of trial by courts martial be continued. It may be assumed that the American naval authorities will be glad, if the matter is called to their attention in each instance, to make special effort to afford the least possible ground for criticism by the Chinese of the conduct of trials of naval personnel or of the judgments rendered. To this end it is desirable that the consular officers in China cooperate promptly and fully with the naval authorities, especially in the matter of obtaining the presence of complainants and witnesses.
This and related subjects were discussed with Admiral McVay at the Department and it is hoped that you will go into the subject fully with him in order that he may clearly understand the attitude of the Department and the Legation in the matter and may take such steps as may be necessary to ensure the cooperation of American naval officers with the consular officers in China in an endeavor to meet the legitimate desires of the Chinese authorities with regard to the conduct of courts martial in which Chinese interests are involved.
[Page 543]The Department believes, with reference to the United States Army Forces stationed in Tientsin, that it would be preferable to attempt to bring about an improvement of the practice under existing laws and regulations, where such improvement may be required, rather than to attempt to bring about a transfer of jurisdiction from the Army courts martial to the United States Court for China. The Department understands that there are attached to the headquarters of these forces officers trained in the Chinese language and in Chinese customs. Should you feel that desirable cooperation does not now take place between the American military and consular officers at Tientsin in connection with trials involving Chinese interests, it is suggested that you discuss the subject with the Consul General and the officer in command and, in case of necessity, report to the Department, in order that the matter may be taken up with the War Department.
With a view, therefore, to effecting a more satisfactory handling of cases involving complaints by Chinese against members of the armed forces of the United States in China, you are requested to issue instructions to all consular officers in China that they shall, in every way that may be possible and appropriate, endeavor to afford assistance and guidance to the officers of the Army, the Navy or the Marine Corps who may be charged with the responsibility for disposing of such cases.
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