793.003/428: Telegram

The Minister in China (Johnson) to the Secretary of State

849. Department’s No. 328, September 23, noon. Following are the more important changes and additions appearing in September 11th draft:

1.
Preamble reads:

“His Britannic Majesty having declared his willingness that January 1, 1930, should be regarded as the date upon which the process of gradual abolition of the extraterritorial rights of British subjects in China shall have in principle commenced, the President of the National Government of the Republic of China and His Britannic Majesty, being desirous of concluding a treaty for the purpose of regulating this process, have appointed as their plenipotentiaries (…) who having, et cetera, agreed as follows.”

2.
Article 2. Parenthetical note appearing in June 4th draft omitted.
3.
Article 9. The following added:

“nor within a radius of 30 li from the present customs houses at Canton and Hankow nor within a radius of 30 li from the present customs houses at Tientsin and 10 li from the present customs [?] at Tangku, together with the course of the Haiho between these points.”

4.
Article 10 throughout the [final] paragraph reads as quoted in Department’s 312, September 8, 6 p.m.69
5.
Article 16 reads as follows:

“In the present treaty the expression ‘British subjects’ shall be deemed to include British protected persons.”

6.
Article 17 same as Article 16 in June 4th draft.
7.
Protocol. Essentially the same as preamble in June 4th draft except for final paragraph reading as follows:

“The territorial jurisdiction of the courts referred to in Article 2 of the present treaty shall be determined in accordance with the practicability of accession by a subsequent agreement concluded before the exchange of the ratification[s].”

For the Minister:
Perkins
  1. Telegram in two sections.
  2. Telegram not printed; for text of the final paragraph of article 10, see note of September 4 from the British Embassy, p. 459.