711.933/45
The Chinese Minister (C. C. Wu) to the Secretary of State
Sir: I have the honor to inform you that I am instructed by my Government to transmit to you the following note:51
“It may be recalled that the Chinese Government, through its representatives, had had occasion to express at the Paris Peace Conference its strong desire for the removal of limitations on China’s jurisdictional sovereignty imposed upon her by the old treaties concluded between China and the Foreign Powers and that the Chinese Delegation emphatically reiterated the same desire at the Washington Conference, which placed on record its sympathetic disposition towards furthering the aspiration of China for the removal of restrictions on her political, jurisdictional and administrative freedom of action.
“With the unification of China and the establishment upon a firm foundation of the National Government, a new era has been happily [Page 560] inaugurated in the relations between our two countries through the conclusion of the recent Tariff Treaty, and it is to be confidently hoped that the material wellbeing of our two countries will henceforth be greatly enhanced. But it is the belief and the conviction of the Chinese Government that the promotion of such material wellbeing will be accelerated by a readjustment of the relations between our two countries on a basis of friendly equality in matters of jurisdiction, and if the American Government could see its way to meet the wishes of the Chinese Government and people in this regard, it is certain that another obstacle to the full and frank cooperation, in trade or otherwise, between the Chinese people and Foreign nationals in this country would be happily removed and that the desire of the Chinese Government for promoting to the fullest extent the material interests of all who choose to associate themselves with our own people would find its early realization.
“It goes without saying that extraterritoriality in China is a legacy of the old regime, which has not only ceased to be adaptable to the present-day conditions, but has become so detrimental to the smooth working of the judicial and administrative machinery of China that her progress as a member of the family of Nations has been unnecessarily retarded. The inherent defects and inconveniences of the system of consular jurisdiction have been most clearly pointed out by the Chinese Government on various occasions and also by the jurists and publicists of other countries in their official utterances as well as in their academic discussions. It is a matter for sincere regret that, while many Governments which are playing an important role in international affairs are eager and persistent in their endeavors to promote genuine friendship and harmony among Nations, such anachronistic practices as only tend to mar the friendly relations between the Chinese people and Foreign Nations should be allowed to exist at a time when justice and equity are supposed to govern the relations of Nations.
“With the close contact between China and the Foreign Powers, the assimilation of western legal conceptions by Chinese jurists and the incorporation of western legal principles in Chinese jurisprudence have proceeded very rapidly. In addition to the numerous codes and laws now in force, the Civil Code and the Commercial Code have reached the final stage of preparation and will be ready for promulgation before January first, 1930. Courts and prisons, along modern lines, have been established, and are being established, throughout the whole country.
“Inasmuch as doubt has been entertained with regard to the advisability of relinquishing extraterritorial privileges at this juncture by the interested Powers, it may be pointed out that certain countries, having ceased to enjoy extraterritorial privileges in China, have found satisfaction in the protection given to their nationals by Chinese laws and have had no cause for complaint that their interests have been in any way prejudiced. The American Government may, therefore, rest assured that the legitimate rights and interests of American citizens in China will not be unfavorably affected in the least by the relinquishment of the extraterritorial privileges which they now possess.
[Page 561]“As the American Government has always maintained a friendly attitude towards China and has always shown its readiness in the adoption of measures for the removal of limitations on China’s sovereignty, the Chinese Government is happy to express to the American Government the desire of China to have the restrictions on her jurisdictional sovereignty removed at the earliest possible date and confidently hopes that the American Government will take this desire of China into immediate and sympathetic consideration and favor it with an early reply so that steps may be taken to enable China, now unified and with a strong Central Government, to rightfully assume jurisdiction over all nationals within her domain.”
Accept [etc.]