793.003/583: Telegram
The Secretary of State to the Consul General at Nanking (Peck)
18. For Minister Johnson: Your March 28, 10 a.m., and March 28, 4 p.m., from Nanking.
(1) Transfer of jurisdiction. After the words “as regards rights of appeal and in all other matters of procedure” in paragraph 2 (2), the Department feels it would be desirable that there be added these words, “both administrative and judicial” for the purpose of having a definite provision entitling American citizens to seek redress or relief from arbitrary acts by administrative officials through “administrative proceedings”.
In paragraphs (3) and (4) under the same heading, there are reported provisions for British subjects to be subject only to modern courts of justice and police courts. On account of the frequent declarations [Page 788] of martial law in China, it is the belief of the Department that it would be desirable to have in an exchange of notes the above provisions made applicable at all times, even with martial law declared. It was for this reason that the Department inserted the words “at all times” in its draft of January 19.
(2) Lawyers and interpreters. Agreed minute. The Department prefers having this made the subject of an exchange of notes.