893.05/177: Telegram

The Secretary of State to the Minister in China (MacMurray)

[Paraphrase]

366. Reference your 965, November 6, 5 p.m.

(1)
As to your paragraph (1): As was pointed out in your 829, September 14, 6 p.m., paragraph (5), the Chinese are seeking the Provisional Court’s abolition, not revision. It has been emphasized by the Legation that there exists no possibility to work out satisfactorily a revision of the present Provisional Court system (see your 875, October 9, 8 p.m., paragraph (4)). The Ministers, on the Chinese Foreign Office’s insistence, have relinquished the idea of a joint commission, consisting of local representatives, for the examination of the question of reorganizing the present court (see your 461, June 11, 8 p.m.), and to the Chinese Minister for Foreign Affairs the Ministers have reaffirmed their willingness to start negotiations with the Chinese Government (see your 626, July 25, 11 a.m., paragraph 3). It is believed by the Department that appointing consular officials as delegates of the Ministers will be suggestive of an attempt at reverting to the commission consisting of local representatives and that the successful [Page 712] outcome of the negotiations will be prejudiced by this fact. The Department, however, deferring to your views, consents to Cunningham’s appointment, provided that Judge Purdy or Counselor Perkins is made the ranking delegate. As soon as you can, you should telegraph the names of the delegates.
(2)
As to your paragraph (2): Paragraph 4 of the Department’s 360, November 2, 11 p.m., may be communicated by you to the American delegates, authorizing them to depart from the course indicated therein should circumstances strongly point to its being advisable to do so.
Stimson