393.11/1211
The Secretary of State to the Minister in China (Johnson)
Sir: The Department has given consideration to the Legation’s despatch No. 253 of June 12, 1930, concerning the protection of American oil products shipped on consignment to Chinese agents in the interior. There was transmitted with this despatch a copy of the Legation’s instruction to the American Consul General at Hankow dated June 12, 1930, expressing the opinion that the Consulate General in place of frequently requesting that the Chinese authorities afford protection to American oil products shipped on consignment to Chinese agents should confine its representations to bringing to the attention of the appropriate Chinese authorities reports of existing conditions, with the statement that American property appeared to be endangered. The Legation, in its despatch, added the comment that it did not seem to be consistent to go further in the protection of American property than in the protection of American lives.
The Legation’s comment appears to refer to paragraph three of the Legation’s telegram to the Department No. 190 of March 12, 1930, 11 a.m., in which the Legation suggested that steps be taken looking toward the issuing of instructions by certain missionary [Page 192] organizations to their representatives at Kanchow to withdraw, in view of “the manifest impropriety of the Legation’s having repeatedly to urge at brief intervals that an army be sent to or maintained in southern Kiangsi in order to protect the mission.”
As the Legation is aware, the Department’s policy has been for some years to advise American citizens against proceeding to or remaining in regions in China where dangerous conditions obtain and where the Chinese authorities appear to be unable to afford them adequate protection. The Department has not, however, taken the position that the Chinese authorities can be absolved from their responsibility under the treaties to afford protection to American citizens legitimately residing or traveling in China. The fact that the Department in deciding upon its course of action in connection with such matters, for example, as asking for protection or for indemnity, may take into consideration the failure of an American citizen to exercise discretion does not diminish the responsibility placed on the Chinese authorities by the treaties.
The same reasoning applies to the property possessed by American citizens in the interior. Article XIX of the Treaty of 184498 is explicit in promising to citizens of the United States “for themselves and everything appertaining to them, the special protection of the local authorities of Government”, and specifically mentions “their dwellings or their property”. In the present instance the discussion relates to consignments of oil products shipped by an American firm to its Chinese agents at interior places. The Department believes that American firms should be advised to refrain from shipping their goods to regions in which the Chinese authorities presumably will be unable to accord them protection. While it obviously will be to the advantage of American firms to observe the dictates of ordinary prudence in such matters, nevertheless, when the question of judgment does not enter in, as in the case of immovable property acquired in good faith and property overtaken by dangers which may not reasonably be anticipated, the Department believes that the Chinese authorities should be held to strict account.
It would be impossible to summarize in a single rule applicable to all cases the position which should be taken by American diplomatic and consular officers in China in calling upon the Chinese authorities for the protection of American life and property in China. The treaties, however, place on the recognized government of China special responsibility for the safety of American citizens and of their property legitimately in that country. Until the treaties and the conditions peculiar to China on which they are based are altered, the Department believes that its officers would not be warranted in [Page 193] appearing to absolve the Chinese Government or local authorities of any of the responsibility for the “special protection” of American citizens which is by treaty placed upon them.
Very truly yours,
- Treaty of peace, amity, and commerce between the United States and China, signed at Wang Hiya, July 3, 1844; Miller, Treaties, vol. 4, pp. 559, 565.↩