811.91293/160: Telegram
The Minister in China (MacMurray) to the Secretary of State
556. My 542, July 5, 8 p.m.77
- 1.
- Following telegram was repeated by the Legation to Shanghai:
“July 6, 5 p.m. Please communicate to the District Attorney78 a copy of the note to me from the Minister for Foreign Affairs dated June 18 [17]79 requesting the deportation of Abend and request him in my behalf to advise me by naval radio at his earliest convenience whether on the showing of facts made in that note it is his opinion that prosecution (with a view to deportation) could properly be undertaken in the United States Court for China against Abend on the complaint of the Chinese Government on the ground of the libelous or seditious character of his journalistic correspondence.”
- 2.
- In a reply dated July 9th Shanghai informs me Sellett is of the opinion that deportation of American citizens from China is not possible under our law but suggests that libel charge might be made against Abend if Chinese officials concerned would appear to testify in the United States Court for China.
- 3.
- I propose, unless otherwise instructed, to reply to Wang’s note of June 17th to the effect that while it is not of course within my competence as an administrative officer to take action in the matter, I have consulted the American officials concerned; that they have now expressed to me the opinion that deportation as requested by the Chinese Government is not possible under the law but that should the Chinese authorities desire that the Minister’s note of June 17th be made the basis of a libel action against Abend in the United States Court for China, I should be happy to take the matter up with a view to facilitating the proceedings to that end.