893.801 Search/16: Telegram
The Minister in China (Johnson) to the Secretary of State
337. My 330, May 13, 6 p.m., and 332, May 14, 1 p.m. The following telegram has been received from the Minister:
“May 14, 4 p.m. Your May 13, 5 p.m.
- 1.
- Please see my telegram May 13, noon.
- 2.
- I presume that action you propose is based upon fact that treaties recognize and therefore legalize function of Customs to supervise trade for prevention of smuggling.
- 3.
- With port of Tientsin in the hands of forces in rebellion against the Government which we have recognized, the Customs are not able to function in normal way.20
- 4.
- We have recognized right of Chinese Government to control importations of arms. Article 14 of the treaty of 1858 deprives American nationals of extraterritorial rights when they engage in clandestine or fraudulent trade.
- 5.
- It seems to me that it therefore follows that we recognize right of Chinese Government to take steps necessary to make that control effective.
- 6.
- When Customs cannot function, then some other method is necessary, and I cannot see how we can consider such steps as illegal and therefore make objection.
- 7.
- Please inform Department of my views as above.
- 8.
- I am withholding action proposed until Department’s views are obtained.”
For the Minister:
Perkins