Foreign Relations of the United States Diplomatic Papers, 1935, The Far East, Volume III

893.825/76

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

No. 3421

Peiping , March 7, 1935.
[Received April 8.]

Sir: I have the honor to refer to the Legation’s despatch No. 3232 of January 4, 1935,⁸ concerning the efforts of the Chinese Government to establish a new pilotage authority, and to report subsequent developments.

In his despatch to the Legation No. 8242 of January 16, 1935, a copy of which is enclosed,⁸ the Consul General at Shanghai⁹ expressed the opinion that the shipping of the port of Shanghai would be greatly handicapped unless certain vacancies which had occurred among the members of the Pilots’ Association were filled without delay.

Accordingly, the Legation directed the Counselor at Nanking¹⁰ to call upon an appropriate official of the Foreign Office or the Ministry of Finance as he deemed best and express the serious concern of the Legation over this situation which there was every reason to believe would greatly handicap and jeopardize shipping at Shanghai. A copy of the Legation’s telegram of January 22, 12 noon, to the Counselor, together with a copy of the memorandum of a conversation between an officer of this Legation and an officer of the British Legation is enclosed.¹¹

In his despatch No. 579–Diplomatic of January 24, 1935, a copy of which is enclosed,⁸ the Counselor of Legation at Nanking reported having interviewed Dr. Louis N. Tchou, Director of the Department of International Affairs of the Foreign Office, with regard to this situation and having obtained Dr. Tchou’s agreement to press the matter as far as possible with the Director General of Customs.

There are also enclosed copies of the Shanghai Consul General’s despatch to the Legation No. 8275 of February 1, 1935, his telegram of February 9, 12 noon, the Legation’s telegraphic instruction of February 12, 12 noon, to the Counselor at Nanking, and the Counselor’s reply of February 13, 5 p.m.¹² The Consul General’s despatch and the subsequent exchanges of telegrams represent further efforts to obtain action by the Chinese authorities towards filling the vacancies which had occurred among the members of the Pilots’ Association. The Department will note that the Legation has expressed the hope that in accordance with the “quota system” of appointing apprentice pilots, which it is understood has hitherto been in practice at Shanghai, at least one of the appointees will be an American citizen.

With his further despatch to the Legation No. 8343 of February 28, 1935, a copy of which is enclosed,¹⁴ the Consul General at Shanghai enclosed a copy of an informal and personal letter which the Inspector General of Customs had addressed to the primarily interested consuls general suggesting a compromise procedure for effecting the appointment of apprentices to fill the vacancies in the Pilots’ Association.

The procedure suggested by the Inspector General is as follows:

“This proposed arrangement is that the Harbour Master—having previously made sure that the candidates are both physically and professionally fit as well as acceptable to the Association—should issue letters of appointment on the usual form. The candidates should then present these letters of appointment to the Association, and the Association, if it considered such action necessary, could obviously, on their own initiative, ask the Consular Body for its approval in accepting these candidates.”

Although this procedure appears to be an endeavor to accomplish informally what is provided formally under the old established procedure, the Consular Body at Shanghai took exception thereto and was of the opinion that, while no objection would be raised to the appointment of Chinese apprentice pilots should that be the desire of the Chinese authorities, insistence should be made upon their appointment under the established procedure which is based upon the Pilotage Regulations of 1868.¹⁵ Mr. Cunningham requested the Legation’s authorization to join his colleagues in a reply to that effect by the Senior Consul to the Inspector General of Customs.

In a telegraphic instruction of March 5, 2 p.m., the Legation granted the authorization requested, and, in a telegram of March 5, 3 p.m., a copy of which is enclosed,¹⁴ it directed the Counselor at Nanking to call at the Foreign Office and verbally urge that appointments be made in accordance with the established practice. The Counselor was also directed to draw attention to the fact that the American Government has been extremely reasonable in meeting the Chinese desires in this matter and to express the Legation’s hope that the Chinese will on their part refrain from disturbing the status quo by such subterfuges as that embodied in the suggestion of the Inspector General of Customs. At the same time he was directed to point out that until the other interested nations have been brought into line the Legation must insist on the appointment of apprentices under the old regulations.

I have been informed that the British Legation has issued similar instructions to its representative at Nanking.

As of incidental interest there is enclosed a copy of despatch No. 50 of January 15, 1935, from the Consul at Swatow,¹⁶ with which is enclosed a copy of “General Regulations and Local Rules for the Port of Swatow.”

Further developments will be reported.

Respectfully yours,

Nelson Trusler Johnson

8. Not printed.
8. Not printed.
9. Edwin S. Cunningham.
10. Willys R. Peck.
11. Neither printed.
8. Not printed.
12. None printed.
14. Not printed.
15. William F. Mayers (ed.), Treaties Between the Empire of China and Foreign Powers, Together With Regulations for the Conduct of Foreign Trade (Shanghai, 1877), p. 219.
14. Not printed.
16. Not printed.