711.933/224

The Department of State to the Chinese Legation49

The American Government, believing that effective steps should be taken toward effecting the abolition of the extraterritorial rights which it exercises and which are enjoyed by American nationals in China under the provisions of treaties between the United States and China, is of the opinion, which it has repeatedly expressed, that the abolition of those rights should be accomplished by an agreed upon and gradual process. The rights were created by agreement; they rest upon agreement; and they should be abolished only by agreement. The American Government cannot as a matter of law and it is not willing as a matter of policy to assent to their abolition by [Page 666] any other process. At the request of the Chinese Government, officers of the American Government have for some time been engaged in conversations with officers of the Chinese Government in an effort to devise a plan which may be submitted to both Governments whereby the abolition of these rights may be effected by a process and in a manner satisfactory to the two Governments and the people of the two countries. The American Government has already indicated to the Chinese Minister in Washington that the American Government is willing to agree that beginning on January 1, 1930, definite steps shall be taken toward effecting gradually the relinquishment by the United States of the right of extraterritorial jurisdiction by the American Government over American citizens in China. The American Government would view with great regret and would seriously deprecate any action at this time in disregard of the principles stated above and indicative of indifference to the rights and the good will and the good opinion of the Government and people of the United States.

  1. An attached memorandum dated December 30, 1929, by the Chief of the Division of Far Eastern Affairs reads: “The statement hereto attached was read to the Chinese Minister by Mr. Hornbeck on December 28, 1929; and a copy, not addressed, not dated, and not initialed was given to the Minister.”