Papers Relating to the Foreign Relations of the United States, 1930, Volume II

793.003/331

Memorandum by the Chief of the Division of Far Eastern Affairs (Hornbeck)

[Washington,] March 24, 1930.

The Netherland Minister called and referred to a brief conversation which had been held between himself and Mr. Hornbeck on March 22. Mr. Hornbeck stated that the Department had now received from the American Minister at The Hague a despatch in which it was stated that the Minister had been talking with officials of the Foreign Office on the subject of extraterritoriality and that those officials had expressed the hope that they might be informed of any further negotiations or pourparlers on this subject that take place in Washington and also the hope that the American Minister in Peiping may keep the Netherland representative at that post advised. The Minister had also reported that these officials did not advocate collective action but believed that a mutual knowledge of the status of negotiations would prove helpful to all. Mr. Hornbeck commented that the views thus expressed at the Netherland Foreign Office apparently coincided with the views held in the Department. The Netherland Minister stated that he believed such was the case and he found it gratifying.

Mr. Hornbeck then gave the Minister an unaddressed and unsigned memorandum of which a copy is attached hereto. There followed a discussion of the question of retention of criminal jurisdiction and/or provisions for foreign co-judges. Mr. Hornbeck explained that the view expressed on behalf of the Department had been arrived at in consequence of consideration given to a definite inquiry made by the British Foreign Office.

The Minister said that he greatly appreciated being given this further information with regard to the present status of the matter.

S[tanley] K. H[ornbeck]

[Annex]

The Department of State to the Netherlands Legation⁹

All previously submitted materials for study which have been under discussion between officers of the Department and the Chinese Minister are set aside, and officers of the Department are working on a draft of a new set of materials for study.

The Department takes the view that it would be desirable both to retain the right of criminal jurisdiction and to have provision for foreign co-judges to sit with Chinese judges on Chinese modern courts in cases where extraterritorial foreigners are involved; but that the Chinese will probably resist co-judges more than retention of criminal jurisdiction; and that it is impossible as yet to say which idea might the more readily be surrendered.

The American Minister to China is studying the situation and working on an outline of a possible plan.

March 24, 1930.

9. The same memorandum was handed to the Italian Counselor of Embassy on March 26.