793.003/481
The Department of State to the Chinese Legation
Memorandum
The Department of State has received the memorandum communicated by the Chinese Legation on December 19, 1930, in regard to negotiations on the subject of extraterritorial jurisdiction.
On April 27, 1929, the Minister for Foreign Affairs of the Chinese Government addressed to the American Minister to China a note89 which concludes with the statement:
“As the American Government has always maintained a friendly attitude towards China and has always shown its readiness in the adoption of measures for the removal of limitations on China’s sovereignty, the Chinese Government is happy to express to the American Government the desire of China to have the restrictions on her jurisdictional sovereignty removed at the earliest possible date and confidently hopes that the American Government will take this desire of China into immediate and sympathetic consideration and favor it with an early reply so that steps may be taken to enable China, now unified and with a strong Central Government, to rightfully assume jurisdiction over all nationals within her domain.”
On August 10, 1929, the American Government replied in a note addressed by the American Minister to the Minister for Foreign Affairs,90 which concludes with the statement:
“Animated as it is by the most friendly motives, and wishing as far as lies within its power to be helpful, the American Government would be ready, if the suggestion should meet with the approval of the Chinese Government, to participate in negotiations which would have as their object the devising of a method for the gradual relinquishment of extraterritorial rights either as to designated territorial areas or as to particular kinds of jurisdiction, or as to both, provided that such gradual relinquishment proceeds at the same time as steps are taken and improvements are achieved by the Chinese Government in the enactment and effective enforcement of laws based on modern concepts of jurisprudence.”
Under date September 5, 1929, the Chinese Government replied in a note91 which concludes with the statement:
“… the Chinese Government requests the American Government to enter into immediate discussions with authorized representatives of the Chinese Government for making the necessary arrangement whereby extraterritoriality in China will be abolished to the mutual satisfaction of both Governments.”
Under date November 1, 1929, the American Government replied in a note92 which concludes with the statement:
“… my Government is prepared to enter into negotiations, when convenient to the Chinese Government, which shall have as their object, as indicated in the concluding paragraph of my note of August 10, ‘the devising of a method for the gradual relinquishment of extraterritorial rights either as to designated territorial areas or as to particular kinds of jurisdiction, or as to both, provided that such gradual relinquishment proceeds at the same time as steps are taken and improvements are achieved by the Chinese Government in the enactment and effective enforcement of laws based on modern concepts of jurisprudence.’”
On the basis of this exchange of communications, negotiations, looking toward the conclusion of an agreement, whereby alone it will be possible to make, as requested by the Chinese Government, “the necessary arrangements whereby extraterritoriality in China will be abolished to the mutual satisfaction of both Governments”, were begun and are in progress.
Although some time has elapsed since the initiation of negotiations, it is but a few weeks since the first comprehensive project offered by either Government was submitted for the consideration of the other, this project being that which was submitted by the Department of [Page 502] State to the Chinese Minister on October 28 for communication to the Chinese Government; and it is less than four weeks since the first comprehensive project offered by the Chinese Government was submitted for the consideration of the American Government, this project being that which was communicated, as stated in the memorandum under reference, in the form of counter-proposals, by the Chinese Minister on behalf of his Government to the Department of State on December 7.
Both of these projects are now being studied by the Department of State and it is expected that in due course, though no date can as yet be set, the views of the Department, based on this further study, will be communicated.
The American Government concurs in the view of the Chinese Government, as expressed in the Legation’s memorandum under reference, that it is possible to settle this question by negotiation; in fact the American Government knows of no other process by which it would be possible to dispose of American extraterritorial rights in China “to the mutual satisfaction of both Governments”; and the American Government is confident that the Chinese Government shares with it the desire that the necessary arrangements shall be made in a manner not only satisfactory to both Governments but calculated to safeguard and promote the best interests of the people of both countries and to strengthen the traditional bond of friendship which, as the Chinese Government has said, “has not only a common material basis but is also deeply rooted in the idealism which is common to the Chinese and the American people.”
- See note of May 2, 1929, from the Chinese Minister, Foreign Relations, 1929, vol. ii, p. 559.↩
- See ibid., p. 599, footnote 96.↩
- See telegram No. 811, September 10, 1929, from the Minister in China, ibid., p. 604.↩
- See telegram No. 958, November 4, 1929, from the Minister in China, ibid., p. 616.↩