There is now enclosed for your information and guidance a copy of the
Embassy’s instruction of April 26, 1937, to Consul General Josselyn,
which has been approved by the Department. This instruction discusses
the protection, travel and residence of American citizens in the
interior of China. Although the instruction may seem to deal in large
part with American missionaries and missionary organizations, the
principles involved may of course be applied in the case of American
citizens engaged in other occupations.
[Enclosure]
The Ambassador in China (Johnson) to the Consul General at Hankow (Josselyn)
Sir: I received your letter of February 19,
1937,19
expressing the opinion that your office should be chary about giving
advice to American nationals either in regard to evacuating from
places of residence in Shensi and Kansu provinces, or in regard to
their return to such places after having left them. You observe that
it is the local situation which is usually the important factor to
be considered in arriving at these decisions, and you evidently feel
that the persons concerned are apt to be in a better position to
know the local situation than is an American consular officer.
The subject matter of your letter seemed to me of considerable
importance, since it was linked to the whole question of the
protection of American citizens abroad and involved a principal and
responsible
[Page 560]
function of
the Department of State and its agents in foreign countries, that
is, that of determining when and in what manner the Government of
the United States may extend protection to or withhold protection
from American nationals traveling and residing abroad. I therefore
again consulted the Department’s instructions contained in
Information Series No. 113, of August 31, 1936,19a and likewise referred
your letter by mail to the Department with certain suggestions. The
present instruction is in accord with the Department’s views.
I inferred from your letter that the experience of the Consulate
General at Hankow in connection with the residence of American
citizens in the northwest during the last few years had led you to
the conclusion that the danger to American citizens in those remote
regions is often not so great as the reports reaching Hankow would
indicate. I think this conclusion is justified by the facts. The
comment has often been made that in spite of alarming reports of
wars and the marching of armies in China, the bulk of the people at
any given time is living in comparative peace and quiet. On the
other hand, there are instances when the danger is greater than is
expected, as in the case of the murder of Mr. and Mrs. Stam in
Anhwei in December, 1934,20 within
less than two hundred miles of Nanking, following careful
investigations by Mr. Stam oil the spot which convinced him of the
safety of the region.
It cannot be denied, therefore, that American consular offices and
the Embassy are faced with a duty of great delicacy and difficulty
when they reply to requests for advice in regard to the wisdom of
remaining in or returning to the interior. Nevertheless, in spite of
this difficulty, since various American enterprises conducted in
China are sanctioned by the treaties in force and by practice
extending back over many decades, an unusual responsibility rests on
American consular officers to guide and assist American citizens in
the enjoyment of their treaty rights. The fact that consular
officers exercise extraterritorial jurisdiction and thus stand
between the Chinese authorities and American citizens prevents an
arrangement under which the latter would rely solely on direct
relations with Chinese officials. In times of emergency, especially,
cooperation between Chinese and American officials in measures for
the safety of American citizens is essential.
From a practical standpoint there must be cooperation in these
matters between consular officers, mission authorities and
missionaries. It is the duty of American citizens in the interior to
keep the consular office concerned informed regarding their
whereabouts and any factors which may threaten their safety. It
often happens that lack of time and distance from the scene make it
impossible to take effective official measures to meet a sudden
crisis. The mission authorities, therefore,
[Page 561]
and the individual missionary concerned, must
assume responsibility in advance for the possibility of such an
eventuality. Their decisions as to the degree of risk in any
situation are based upon their first-hand knowledge of local
conditions. The consular officer, on the other hand, has access to
sources of information not open to the mission authorities or to the
missionary himself, and it is incumbent on him to give them the
benefit of his information and his views. The most dependable
conclusion regarding the advisability of remaining in or returning
to a given locality will be, therefore, one founded on information
from all these various sources.
Whenever danger threatens an American citizen in China it is the duty
and the desire of the agencies of the American Government to extend
all possible assistance and there is a corresponding obligation on
the part of American citizens to aid in the performance of this duty
by giving American consular officers all pertinent information, well
in advance, and an opportunity for them to offer such advice as
seems to them proper.
American citizens are aware that travel and residence in the interior
necessarily entail risk. It is to lessen this risk, with the minimum
of interruption to legitimate enterprises, that the parties
concerned must cooperate. The law confers no authority on consular
officers to order American citizens to remain away from a locality,
but it seems to the Embassy that it is the duty of consular officers
to advise them regarding the hazards which may reasonably be
anticipated and to afford them all legitimate assistance in the
pursuit of their authorized occupations. There are practical limits
to the official assistance which can be given and there are risks of
expense, hardship and danger which inevitably confront American
citizens venturing into remote regions at the present time. If all
these aspects are frankly discussed between the parties concerned,
the duties and responsibilities of the consular officer will
probably not prove so onerous in practice as they appear to be in
prospect.
Very truly yours,
