393.1121 Smit, Albert H./10: Telegram

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

162. Following from Minister Johnson, dated Nanking February 28, 5 p.m.:

“Please repeat the following to the Department: ‘Your February 20, 5 p.m. In the course of an interview on February 26th I informed [Page 514] the Minister for Foreign Affairs that American Government without wishing to make an issue of the Smit case had instructed me to say that it takes the attitude that Chinese Courts have no jurisdiction over American citizens in such matters since the treaty conferring extraterritorial privileges on American citizens in China is still in effect. Dr. Wang stated that the Chinese Government was not at all desirous of testing the extraterritorial question with the United States at this time and that his Government likewise did not wish to make an issue of the Smit case which he had thought had been settled satisfactorily. He added that he would make inquiry in regard to it.’”

For the Minister: