793.003/664a: Telegram
The Secretary of State to the Consul General at Nanking (Peck)
36. For the Minister:
- (1)
- In view of the fact that provisions of the proposed treaty
regarding extraterritoriality contemplate radical changes in the
rights and privileges of Americans in China and of the further
fact that the Chinese Government may demand on January 13, 1934,
a revision of the 1903 Chinese-American treaty, which defines
various rights of United States consular officers in China, it
is felt by the Department that it would be a wise precautionary
measure to have included in the new treaty or in an accompanying
exchange of notes a provision regarding the rights and
privileges of consular officers. The best way to define the
rights and privileges of such officers probably would be to
negotiate a consular convention between China and the United
States, but just at the present time it would not appear
advisable to make an effort in this regard. To attain the same
purpose in part it would suffice to obtain an exchange of notes
to be phrased somewhat as follows:49
“Pending the coming into force of a consular convention between the United States and China, the rights and privileges of the consular officers of China in the United States and of the consular officers of the United States of America in China (except the right of extraterritorial jurisdiction over nationals of the United States of America in those areas where the extraterritorial rights of the United States of America have been surrendered), as defined in the existing treaties between the two countries, shall remain in force, provided that the treatment accorded by either country to such officers of the other shall not be less favorable than that accorded to similar officers of the foreign power most favored in this respect.”
- (2)
- You will please consult with Lampson regarding this point and report his and your views.
- Quotation not paraphrased.↩