793.003/752
Memorandum by Mr. Joseph E. Jacobs of the Division of Far Eastern Affairs
Mr. Weigh, Third Secretary of the Chinese Legation, called this morning to discuss with Mr. Jacobs Article XIV—Personal Status Matters, and Article XVIII—Non-discriminatory Treatment, as drafted by them on June 26 and June 27, 1931. Mr. Weigh stated that he had received further instructions from his Government in regard to these two Articles.
With regard to Article XIV—Personal Status Matters, Mr. Weigh insisted that a provision be inserted giving Chinese in the United States reciprocal treatment and suggested an additional paragraph to Article XIV as follows:
“Reciprocally, the applicable laws of China relating to matters of personal status as mentioned in the first paragraph of this Article, in so far as they are substantially the same as similar laws of the United States of America or of its territorial possessions, will be applied by the courts of the United States of America or of its territorial possessions as regards nationals of China and the treatment accorded to nationals of the United States of America or their estates or personal effects as provided in the second, third and fourth paragraphs of this Article shall apply also to nationals of China or their estates or personal effects in the United States of America or in its territorial possessions.”
Mr. Jacobs explained to Mr. Weigh, as he had done on several previous occasions, that the enactment of laws in the United States in regard to personal status matters was a State and not a Federal right and remarked that it would serve no useful purpose to incorporate in the proposed new Treaty a provision which we could not enforce and which would thus become a source of friction in the future.
With regard to Article XVIII, concerning which an effort had been made in the draft prepared by Mr. Weigh and Mr. Jacobs on June 26 and June 27 to provide as much non-discriminatory treatment for Chinese citizens in the United States as is possible, Mr. Weigh stated [Page 887] that the paragraph which we had drafted with this object in view was unacceptable. He stated that his Government wanted complete non-discriminatory treatment. The paragraph to which Mr. Weigh objected is as follows:
“Reciprocally, in all matters for which the present Treaty provides, nationals of China shall be accorded in the United States of America or in its territorial possessions treatment in no way discriminatory as compared with the treatment accorded to the nationals of any other country in so far as such treatment is not in conflict with applicable laws.”
Mr. Jacobs again explained to Mr. Weigh, as he did in regard to Article XIV that it was not possible for us to grant complete nondiscriminatory treatment in regard to all matters dealt with in the proposed new Treaty. Mr. Jacobs pointed out to Mr. Weigh the fact that our draft was already more liberal than the British draft in that it granted complete reciprocity of treatment in regard to the settlement of commercial disputes by arbitration (Article VII) and in regard to the question of military service and forced loans (Article X).
Apparently, however, Mr. Weigh was under strict instructions from his Government not to yield on these points as he repeatedly stated that he could not concur in any draft which did not provide complete reciprocal and non-discriminatory treatment for China.
Mr. Jacobs informed Mr. Weigh that he would again consult the Department’s legal advisers. In making his remarks to Mr. Weigh in regard to the above matters, Mr. Jacobs had in mind the views of Mr. Ward of the Legal Adviser’s Office.