Foreign Relations of the United States Diplomatic Papers, 1937, The Far East, Volume III

793.943 Manchuria/32: Telegram

The Ambassador in Japan (Grew) to the Secretary of State

Tokyo, November 19, 1937—5 p.m.
[Received November 19—10:55 a.m.]

553. Department’s 304, November 18, 7 p.m.⁵⁸ Craigie when talking to me last evening had not had time to study his instructions but it was my clear impression from what he said that his Government held that the Japanese Government by surrendering Japanese extraterritorial rights should be held responsible for abrogation by Manchukuo of extraterritorial rights of other nations. This impression has been clarified by information received today from the British Embassy as below indicated.

The note which the British Embassy intends to present to the Japanese Foreign Office, the substance of which has just been communicated to me, will state that the British Government protest against “this unilateral abrogation of treaty rights.” It is understood that the note will not be delivered until word has been received that representations have been made by the British Consul General in Mukden. The British Embassy’s note will state that the British Consul General at Mukden has been given the following instructions: to inform immediately the authorities at Hsinking that such “unilateral abrogation” cannot be accepted by the British Government; to refer to the undertaking given by the Manchukuo government in its note to the powers of March 12, 1932,⁵⁹ to discharge faithfully the obligations incurred by the Republic of China in Manchuria by virtue of treaty stipulations with foreign countries; to state that the British Government does not regard the treaty signed between Japan and Manchukuo on November 5, 1937, or the “official statement” concerning the rights of foreigners made on that date as affecting in any way the extraterritorial rights in Manchuria of British subjects; and to inform the Manchukuo authorities that the future treatment of British subjects under a régime which pretends to ignore their extraterritorial rights will be watched with the greatest concern by the British Government.

We are informed by the British Embassy that the “official statement” referred to in the proposed British note is the statement issued on November 5 by the Premier of Manchukuo. According to a Domei despatch from Hsinking, the ultimate paragraph of this statement as follows:

“As to the status of the foreigners residing in this country other than the Japanese, the then Foreign Minister of the Manchukuo government manifested the intentions and policies of the Imperial Government in a statement issued on July 1, 1936.⁶⁰ Taking the present occasion the Imperial Government has decided to abolish the extraterritorial rights still enjoyed by foreign nationals. In applying the state regulations to foreign residents as well as other measures to deal with them, the Government will not fail to observe a fair and equitable attitude and protect the legitimate interests vested in them.”

We have requested Mukden to telegraph us whether any legislative or juridical action has as yet been taken by Manchukuo to implement the decision to abolish the extraterritorial rights still enjoyed by foreign nationals.

Grew

58. Not printed; it requested clarification of telegram No. 551, November 18, 11 p.m., supra. (793.943 Manchuria/31.)
59. See telegram of March 12, 1932, from Mr. Hsieh-shih, Foreign Relations, 1932, vol. iii, p. 579.
60. See telegram No. 333, July 2, 1936, 11 a.m., from the First Secretary of Embassy in China, ibid., 1936, vol. iv, p. 230.