793.943 Manchuria/34: Telegram

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

319. Peiping’s 784, November 26, 4 p.m. and Department’s telegram in reply thereto which Peiping has been instructed to repeat to you.

The Department desires that upon receipt by the Embassy of notification from the Consul at Mukden mentioned in the penultimate paragraph of the Department’s telegram to Peiping under reference, you present to the Japanese Foreign Office a note reading substantially as follows:

“Reference is made to reports that on November 5 a treaty was signed with Japan ending Japanese extraterritorial rights in Manchuria, and that on the same day there was issued a manifesto in regard to the extraterritorial rights of foreigners other than Japanese in Manchuria. It has also been brought to the attention of the Government of the United States that the branch at Harbin of the National City Bank of New York, an American concern, has received a letter from the Department of Economics at Hsinking stating that a recently promulgated ‘law concerning foreign juridical persons’ ‘naturally’ applies to all foreign firms, and requesting that preparation be made to register and to appoint a representative in accordance with the law. The extraterritorial rights of nationals of the United States in Manchuria are granted by treaties between the United States and China and the Government of the United States considers that the law under reference which apparently contemplates the assertion by the authorities in Manchuria of jurisdiction over American juridical persons is inapplicable to American nationals and firms. The Government of the United States therefore is impelled to register emphatic objection to any attempt by the authorities of Manchuria to exercise jurisdiction over American nationals and to make full reservation in regard to the treaty rights of the United States and its citizens.

In view of the relationship between the Japanese Government and the authorities in Manchuria, the Government of the United States addresses the Japanese Government on this matter.”64

Hull
  1. The note was sent to the Japanese Foreign Office on December 2. Similar British representations were made November 30.