Office of the Historian

793.003/799a: Telegram

The Acting Secretary of State to the Minister in China (Johnson)

[Paraphrase]
Washington, December 31, 1931—3 p.m.

476. Referring to paragraph 3 of Department’s 472, December 29, 6 p.m., regarding extraterritoriality.21

(1) The Department has been inclined to think it would be advantageous, before there arises a case involving an attempt by any Chinese authorities to take jurisdiction, to make to the Chinese authorities an express statement in the sense that Chinese unilateral action will not be assented to.

However, in view of your 1152, December 31 [30], 1 p.m., the Department now is of the opinion that for the time being it may be most advisable to refrain from such action and thus to avoid giving new prominence to the subject of extraterritoriality.

(2) Points to guide you:

(a)
You should discuss this subject with Lampson, so that, in the event of the question of the mandate and its possible enforcement coming to the front again, he and you, you being so authorized, may shape your representations on behalf of your respective Governments along similar lines and may present them at approximately the same time.
(b)
If any Chinese authorities try to take jurisdiction over one of our citizens, you are authorized also to make objection to the Chinese Government.
(c)
If and when the representations in either event are made, the Chinese Government should be informed that any unilateral action by authorities in China derogatory to the extraterritorial rights of Americans is objected to and that this Government expects to continue enjoying these rights until their modification or abrogation through the conclusion and coming into effect of an agreement on the subject. Whenever this communication is made, you should clearly add that this Government remains willing to continue negotiating with China in order to reach a mutually satisfactory agreement.

(3) The foregoing instruction is to guide you and is not to be circularized for the present to American consular officers in China.

Carr
  1. Telegram not printed; it reported the British Ambassador’s call on December 23 (see memorandum by the Under Secretary of State, p. 926), and quoted the Department’s memorandum of December 28 to the British Embassy (p. 927); par. 3 stated that comments and instructions would follow in a later telegram.↩