893.102S/1221: Telegram
The Secretary of State to the Minister in China (Johnson)
313. Department’s 306, September 8, 6 p.m., and previous. With regard to the general question of American military officers in China signing such agreements, the Department is informed that the Navy Department has issued to the Commander-in-Chief instructions on this subject which refer to Article 722 of the Navy Regulations and state that whenever the Commander-in-Chief or an officer of his command concludes an international agreement or modifies an already existing agreement, report thereof shall be made promptly to the Navy Department and also to the highest nearby officer of the Department of State, and copies of the pertinent documents shall as soon as practicable be supplied to the Navy Department and to such officer of the Department of State.
Article 722 of the Navy Regulations reads in part as follows: “On occasions where injury to the United States or to citizens thereof is committed or threatened, in violation of the principles of international law or treaty rights, the Commander-in-Chief shall consult with the diplomatic representative or consul of the United States, and take such steps as the gravity of the case demands, reporting immediately to the Secretary of the Navy all the facts. The responsibility for any action taken by a naval force, however, rests wholly upon the commanding officer thereof”.