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

793.003/374½

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

[Washington,] May 15, 1930.

The Chinese Minister called and, after some moments of conversation on the subject of the Conference at The Hague on Codification of International Law, raised the question of negotiations on the subject of extraterritoriality. This conversation covered a period of some forty minutes.

The outstanding points were (1) statement by Mr. Hornbeck that since the return of the Secretary of State from London, the Secretary had been compelled to give a great deal of attention to matters pertaining to the treaty signed at London, and, Mr. Hornbeck had not found it practicable as yet to bring to the attention of the Secretary the problem of negotiations on extraterritoriality. Mr. Hornbeck felt that it would not be desirable to lay before Dr. Wu any new materials until it had been possible for him (Hornbeck) to talk with the Secretary. To this Dr. Wu replied that he would like to begin at the point at which the conversations had arrived before he went to The Hague, continuing with informal discussions between himself and Mr. Hornbeck. Mr. Hornbeck said that it would be necessary for him (Hornbeck) first to have some further instructions.

• Second, in the course of the discussion of the difference between the Chinese Government’s desire for “immediate abolition” of extraterritoriality and the American Government’s statement that it was willing to negotiate a treaty for “gradual abolition”, Dr. Wu made the statement that the Chinese Government had at no time agreed to the principle of “gradual abolition”. Mr. Hornbeck stated that it had been the understanding of the Department of State that, in holding conversations on the subject subsequent to the communications to the Chinese Government of the American Government’s statements of August 10 and November 1, 1929,³⁰ Dr. Wu had assented to that principle, and Mr. Hornbeck referred to Assistant Secretary of State Johnson’s reference to that principle in the last conversation held between Mr. Johnson and Dr. Wu.
• Third, Dr. Wu stated that, no matter with what governing authorities in China a foreign government concluded a treaty on the subject of extraterritoriality, the treaty would be one to which all of China would be a party for the reason that all of China was of one mind on this subject. Mr. Hornbeck referred to the action taken by the present authorities at Peking warning foreign governments that they should not enter into agreements with the Nanking Government. This action, he said, was comparable to the action taken by the Nanking (at that time Canton) Government in 1926 warning the Powers not to make agreements with the Peking Government;³¹ and it might in a way compare with the action taken by Dr. Wu Ting-fang in 1911 warning the foreign Powers not to give any financial or other aid to the Manchu Government.³² Dr. Wu said that the North had apparently learned a great deal from the South.

The conversation closed with an understanding that when he found it possible to resume conversations on the subject of extraterritoriality Mr. Hornbeck was to inform Dr. Wu.

Dr. Wu went directly from Mr. Hornbeck’s office to the Secretary’s office (Note: This was diplomatic day, Dr. Wu said that he was going to pay his respects to the Secretary).³³ A half hour later the Chinese Legation called the Far Eastern Division on the phone and stated that Dr. Wu wished to speak with Mr. Hornbeck—would Mr. Hornbeck please call back on the phone. Ten minutes later FE phoned the Legation and Dr. Wu had gone out. In the afternoon, Dr. Wu spoke with Mr. Hornbeck on the phone and stated that he had had a conversation with the Secretary, the question of extraterritoriality had come up, and the Secretary had said that he wished that the matter be proceeded with as before by means of informal conversations between Dr. Wu and Mr. Hornbeck. He (Dr. Wu) therefore hoped that Mr. Hornbeck would be ready to begin again without awaiting conference with the Secretary.

30. See telegram No. 254, August 1, 1929, to the Minister in China and telegram No. 958, November 4, 1929, from the Minister, Foreign Relations, 1929, vol. ii, pp. 596 and 616.
31. See note of July 14, 1926, from the Chinese Acting Minister for Foreign Affairs at Canton to the American Consul General, ibid., 1926, vol. i, p. 844; and telegram No. 522, October 31, 1926, from the Chargé in China, ibid., p. 683.
32. See undated telegram from the Minister for Foreign Affairs of the Revolutionary Government, received in the Department December 13, 1911, ibid., 1912, p. 106.
33. See memorandum infra.