Office of the Historian

893.801 Search/19: Telegram

The Secretary of State to the Consul at Nanking (Adams)

Washington, May 15, 1930—1 p.m.

10. Your telegram to the Legation May 12, 4 p.m.,10 Legation’s reply May 13, 5 p.m.,10 Minister’s telegram to Legation May 13, noon11 and Dept’s tel. No. 9, May 14, 5 p.m.12

Following for the American Minister:

“The Department concurs with the Legation in thinking that the only authorities of the Chinese Government authorized by treaty to board and search American vessels are officials of the Chinese Maritime Customs, and Department would approve representations to this effect to the National Government. Department would also approve a notification to the National Government that that Government will be held accountable for damages or losses improperly inflicted on American vessels or American owners of cargo. Department has carefully considered the observations made in the Minister’s telegram dated May 13, noon, and agrees in general therewith. The Department is not, however, prepared to concede that American merchant vessels may rightfully be subject to boarding and search by Chinese naval vessels or any agencies other than those acting in accordance with provisions of treaties between the United States and China. (See Articles 18 and 20 of Treaty of 1858.13) In this connection see Department’s telegram 255, November 1, 1926, 1 p.m.14 The Department feels that with the present disorganization in China this position offers the only safeguard for American shipping against endless complications. The Department trusts, therefore, that, if the Chinese consider search of American vessels necessary, the Minister will be able to convince the National Government that search should be conducted by Chinese Maritime Customs vessels or Customs officers. The Department authorizes the Minister to use his discretion in phrasing a reply to the National Government’s aide-mémoire of May 12. In the interval, the Department is suggesting to the Navy Department that it would not seem advisable that American naval vessels use force in opposition to the boarding and searching of American commercial [Page 118] vessels by Chinese naval personnel acting under orders of the National Government.

Repeat to Peiping.[”]

Stimson
  1. See telegram No. 330, May 13, 6 p.m., from the Minister in China, p. 113.↩
  2. See telegram No. 330, May 13, 6 p.m., from the Minister in China, p. 113.↩
  3. See telegram No. 332, May 14, 1 p.m., from the Minister in China, p. 115.↩
  4. Not printed.↩
  5. Treaty of peace, amity, and commerce between the United States and China signed at Tientsin, June 18, 1858; Malloy, Treaties, 1776–1909, vol. i, p. 211.↩
  6. Foreign Relations, 1926, vol. i, p. 895.↩