Office of the Historian

893.05/183: Telegram

The Acting Secretary of State to the Chargé in China (Perkins)

Washington, November 27, 1929—1 p.m.

389. Your 1005, November 18, 6 p.m. Department believes that in appeals under Article V of Rendition Agreement, Consul is clearly entitled to rights set forth in Article IV of Sino-American Treaty of 1880,13 including examination of witnesses. In the light of the information given, however, Department believes that it would be preferable to rely on the rendition agreement rather than [Page 721] on the treaty and that present difficulty may best be overcome either by endeavoring to have cases returned to Provisional Court for retrial before a different judge and consular officer or by designating a different consular representative in appeal court.

Cotton
  1. Signed at Peking, November 17, 1880; Malloy, Treaties, 1776–1909, vol. i, p. 239.↩