711.933/242

Memorandum by the Chief of the Division of Far Eastern Affairs (Hornbeck) of a Conversation With the Chinese Minister (C. C. Wu)

Dr. Wu called by appointment. He had asked by telephone whether the Department was prepared to reply to the inquiry which he had made during the conversation of December 28: He had asked whether this Government would be willing to do what the British Government had done, namely, assent to the issuing of a declaration by the Chinese Government on the subject of the abolition of extraterritoriality.

Mr. Hornbeck stated that it appeared that the Chinese Government had on December 28 issued a declaration. Dr. Wu said that this was true. Mr. Hornbeck said that it appeared that this declaration was issued in the form of an announcement to the world and he asked whether it had been addressed to any government or governments. Dr. Wu said that it was in the nature of a proclamation or decree and that it had not been addressed to any foreign government. Mr. Hornbeck said that it appeared also that the Chinese Government had issued another declaration on December 30 explaining or amplifying the declaration issued on December 28. Dr. Wu said that the statement of December 30 was not a declaration but was a statement made by the Minister for Foreign Affairs, Dr. Wang, in explanation of the Declaration. Mr. Hornbeck said that, in view of the fact that the Chinese Government had already issued a declaration and a statement in relation thereto, it would seem that there would be no need to go into the question which Dr. Wu had asked on December 28: “Would the American Government approve the issuing by the Chinese Government of a declaration?” Dr. Wu said that it might be regarded as belated but that nevertheless he would like to have it a matter of record that this Government approved as the British Government had approved. Mr. Hornbeck said that it was felt here that the statement of view which had been read to Dr. Wu on December 28, together with the proposals which had been made to Dr. Wu during the conversations of past weeks on the subject of an agreement, and together with the last paragraph of this Government’s note of November 1 and its earlier note of August 10 sufficiently indicated this Government’s attitude and view. He said that this Government had gone quite as far as the British Government went in its aide-mémoire of December 20 and that it had sufficiently indicated that it was willing that January 1, 1930, be looked upon as a date which might mark the beginning of a period in which effective steps should be taken toward [Page 673] arriving at an agreement under the terms of which and in accordance with the provisions of which extraterritoriality might be, by a gradual process, abolished. Mr. Hornbeck laid before Dr. Wu the pertinent paragraph of the British aide-mémoire of December 20, and a copy of the draft proposal which Mr. Johnson had handed to Dr. Wu on December 21, and Dr. Wu admitted that the concrete proposal made by this Government went as far as or further than the British Government’s statement in the way of indicating willingness that the date January 1, 1930, be signalized as an outstanding date in connection with the problem of extraterritoriality. Mr. Hornbeck then took occasion to reiterate that this Government feels that there is but one line of procedure practicable by way of effecting the relinquishment by this Government of its rights with relation to extraterritorial jurisdiction, namely, the method of agreement; and he stated that this Government regards the problem as one which must be dealt with on the basis of realities and with a view to effecting the transition from the present system of jurisdiction to a régime in which China’s jurisdiction shall be exclusive in a manner which shall work the minimum of hardship to the persons and the interests most directly concerned and to be affected. He referred not alone to recent statements on that subject but to the statement made public by the Secretary of State, Mr. Kellogg, on January 27, 1927.56a He said that it was known everywhere that the American Government wished to be helpful to China and had no desire to put any obstacles in the way of China’s progress; that we had no selfish economic or political objectives in our China policy; that what we most desire is that the progress reported as being made in China be real progress rather than merely apparent or affirmed as assumed progress; that we are willing to go a little ahead of the facts of accomplishment; but that we cannot consent or assent to the abolition of treaty provisions by unilateral action on China’s part. Mr. Hornbeck said that it would seem on the face of the declaration of December 28 and Dr. Wang’s explanation of December 30 that the Chinese Government does not contemplate abolition in fact at this time; and he said that Dr. Wang had apparently reiterated that China wished to negotiate. Dr. Wu said that China of course wished to negotiate.

Mr. Hornbeck referred again to the fact that this Government has knowledge of the declaration and the statement on the basis of general information and not by virtue of any document addressed to this Government. Dr. Wu affirmed again that the declaration was in the nature of a general proclamation and Dr. Wang’s statement was a [Page 674] public statement. (Note: It is observed that the newspaper reports carry the statement that the Chinese Government has instructed its Ministers abroad to communicate these matters to the Government to which they are accredited. Dr. Wu gave no indication that he had received such an instruction.)

S[tanley] K. H[ornbeck]
  1. See telegram No. 28, January 25, 1927, to the Chargé in China, Foreign Relations, 1927, vol. ii, p. 350.