893.114 Narcotics/746: Telegram

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

170. Your 236, June 8, noon, in regard to Chinese request to have a representative present during search of American gunboats on the Yangtze for suspected smuggled narcotics.

The Department concurs in the Legation’s views as set forth in paragraph 2, first sentence, of Legation’s telegram under reference.

The Department is confident that American naval authorities endeavor strictly to prevent the use of American naval vessels for smuggling of narcotics; and that these authorities are animated by a desire to cooperate in every practicable and appropriate way with the Chinese authorities toward suppressing illicit traffic.

There is no legal basis upon which Chinese authorities can rightfully demand to have a representative present on board American gunboats during the search of such vessels for suspected smuggled narcotics. Moreover, as the periodic inspection which the Department understands is made by American naval officers of each gunboat [Page 358] necessarily takes place at various points on the river during the normal movements of the vessels up and down the river, it would obviously be impracticable to have a Chinese representative present at all such inspections. In case the Chinese should desire to be present only at certain special inspections, it would seem reasonable to anticipate that the smugglers, if any, would obtain advance notice of such inspection and would take measures to have no contraband on board at such a time.

It is not clear from the telegram under reference whether the British have consented to the Chinese request in only one instance or whether they have given a general consent. Furthermore, we appear to have only the Chinese statement that the French have acquiesced.

The Department suggests that American naval authorities might be agreeable in exceptional and specific cases to acceding in some form to reasonable requests made by appropriate Chinese officials not on the basis of legal right but on the basis of cooperative courtesy.

The foregoing observations are offered for the discretionary use of the Legation and the appropriate consular officers in taking the matter up further informally and tactfully with appropriate Chinese authorities and with Admiral Wainwright.

Hull