793.003/687: Telegram
The Secretary of State to the Consul General at Nanking (Peck)
[Paraphrase]
Washington, May 20, 1931—6
p.m.
43. For the Minister: Your May 19, 4 p.m., from Nanking.
- (1)
- The Department in its 36, May 8, 7 p.m., expressed the view specifically that “just at the present time it would not appear advisable to make an effort” to negotiate a consular convention.
- (2)
- The opinion of the Department has been and is that, if reasonably interpreted, the provision made in the American draft of April 27, article 19, should ensure to consular officers the continuance of their existing rights and privileges other than that of the exercise of judicial jurisdiction over American nationals. The Department is inclined to believe, however, in the light of past experience, that Chinese Governments later may attempt the curtailment and abridgment of the rights of consular officers through the process of interpretation by deciding in practice which provisions of old treaties are abrogated and which remain in force. The fear of this prompted the Department to suggest the consideration of an exchange of notes, in connection with the present negotiations, along the lines of the text quoted in its 36, May 8, 7 p.m., definitely removing the question of consular rights and privileges from the realm of “interpretation”.
- (3)
- There will inevitably be complaints, some imaginary and some real, after our relinquishment of extraterritorial jurisdiction over Americans, against the manner in which jurisdiction over Americans is exercised by the Chinese authorities. In these cases the chief means of protection will be through representations to the Chinese authorities by the consular officers. After abolition of extraterritorial rights, the Chinese, both the public and officials, may be expected to overlook the fact that both by treaty and by international law it is the right and duty of consular officers to protect the interests of their nationals, and, if the question is not left provided for as suggested by the Department, the Chinese may attempt to hamper the efforts of consular officers to protect their nationals. No matter what provisions we devise, the Chinese probably will attempt to do this, but it is believed that the American draft of article 19, plus the exchange of notes, as suggested by us, would make the American position stronger than would article 19 of either the American or the British draft, minus the exchange of notes. In this connection, the Legation in its 237, April 25, 4 p.m.55 reported the threat by the Chinese authorities at Mukden to jail the German Consul who was attempting to afford protection to a German [Page 862] national charged with allegedly violating the consumption tax regulations.
- (4)
- Therefore, the Department expects to discuss this matter with C. C. Wu.
Stimson
- Not printed.↩