793.003/105: Telegram

The Secretary of State to the Ambassador in Great Britain (Dawes)

[Paraphrase]

172. Reference your 129, May 27, noon. The pressure which the National Government of China is bringing upon the powers on the question of extraterritoriality is receiving my very careful and anxious attention. From evidence available to me it seems clear that the recommendations made and reported in 1926 by the Commission on Extraterritoriality sent to China in 1925, have not been put into effect by the Chinese. Particularly I refer to the reforms which that Commission deemed to be necessary in the Chinese administration of justice prior to the relinquishment of consular courts. The assumption might be warranted from these circumstances that acceding at this time to Chinese pressure would jeopardize the interests of foreigners who reside and do business in China and that endeavoring to hold back and persuade the Chinese to adopt a plan for gradually relinquishing extraterritorial rights would be the better policy. From such information as I have from France and other powers concerned, it is indicated that they are of this opinion.

However, the National Government and leaders connected therewith apparently are preparing for denunciation of the treaties which contain extraterritorial provisions, or, at least, for bringing on a crisis not later than January 1, 1930, as regards extraterritoriality, thereby precipitating a situation making such a better policy possibly doubtful of accomplishment.

The British draft reply to the Chinese note of April 27 on extraterritoriality was communicated to me in your 129, May 27, noon; and I have very carefully studied the draft replies to China as prepared by Great Britain and France. The Legation in China has informed the Department that the British Minister, acting on instructions from his Government, during a recent visit in Nanking presented to the Chinese Minister for Foreign Affairs a draft commercial treaty which studiously omitted all clauses in any way touching upon extraterritoriality, but that on its side the Chinese Government had prepared a draft which contained provisions concerning British abandonment of extraterritorial rights. Having requested instructions, Sir Miles Lampson was informed by the British Government that the Chinese proposals were so sweeping that it would not be possible to formulate other instructions prior to the Minister’s return to Peking. Negotiations with the Chinese had therefore been suspended.

[Page 584]

Since the recent change in the British Government may involve a change in the China policy of Great Britain, I wish you to make discreet inquiries and to give me your opinion concerning this matter, specifically as regards the extraterritoriality question. In the inquiries which you make, I do not object to your use of information from me as given above, but I would wish you to avoid implying in any way that the United States Government desires to invite the British Government’s support for any particular policy.

Stimson