693.116/111: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received November 7—6:50 a.m.]
840. Legation’s 816, October 27, 2 p.m. Following from Consul General Canton to the Legation and Nanking:
“November 4, 4 p.m. My despatch No. 39 [239], October 27.99 This morning Colonel Leung1 on behalf of Chairman called on British Consul General and myself and showed us English text of the reply which Bureau of Reconstruction propose to send to Inspector General for Foreign Affairs as follows:
‘Please inform the American and British Consuls that this Department has no idea of making laws and regulations governing the oil factories which are in contravention of effective treaties.’
- 2.
- We said that instead of the words ‘no idea of making’ we would prefer the words ‘no intention of enforcing’. Colonel Leung said that the Chamber was very much opposed to the word ‘intention’ and insisted upon the word ‘idea’.
- 3.
- After some discussion we agreed to the following wording: ‘no idea of proclaiming or enforcing laws and regulations governing oil factories which are in contravention of treaties in force’. Colonel Leung drafted a Chinese translation of this reply which appears to us satisfactory. The Chinese expression for ‘idea’ might even more appropriately be translated ‘intention’.
- 4.
- British Consul General and I therefore propose to address
to the Inspector General a formal note today, the essential
part of which, on my strict interpretation, will read as
follows:
‘Before advising American firms to sign the prescribed Peiping form, I should be obliged if you would confirm my understanding that the Chinese authorities have no idea of proclaiming or enforcing against American firms laws and regulations governing oil factories which are in contravention of treaties in force.’
- 5.
- The concluding paragraph of our note will have the exact wording given [in] the draft enclosed in my despatch No. 239 of October 27.
- 6.
- On receipt of the reply from Bureau of Reconstruction in the terms quoted above, we propose, subject to the approval of our Legations, to advise our oil companies to proceed with registration.
Repeated to the Legation and Nanking.”
The concluding paragraph of the note referred to merely reserves the right of protest against imposition of business taxes upon American oil companies.
Minister proposes to instruct Canton and inform Department upon arrival at Nanking.