394.112/66: Telegram
The Acting Secretary of State to the Counselor of Embassy in China (Lockhart), at Peiping
156. Tsingtao’s 174, August 2, 10 a.m., and Shanghai’s 677, August 2, 3 p.m.,31 searching of Mrs. Wilhoit. It appears that Mrs. Wilhoit was searched and her funds taken from her under measures looking to the enforcement of currency restrictions imposed by the Japanese-sponsored “Provisional Government”. As there appears to be no law or regulation of the National Government of China stipulating [Page 363] that national currency bank notes such as carried by Mrs. Wilhoit are contraband goods or prohibiting the carrying of such bank notes in the circumstances in question, the searching of Mrs. Wilhoit and confiscation of her funds were illegal and in impairment of her rights.
Please lodge a protest with the Japanese Embassy, in such manner as you deem advisable, against the searching of Mrs. Wilhoit and the confiscation of her funds and request that those funds be returned to her. Say that this Government does not assent to any asserted right on the part of Japanese authorities or agencies under their direction or control to take such measures against Americans in enforcement of regulations which are restrictive of American rights and which we do not recognize as legally applicable to American citizens. Please request also that the Japanese authorities take such steps as may be necessary to ensure that Americans traveling in areas under Japanese military control will not be subject to such searches and seizures.
The American Consul at Tsingtao should make similar representations to the Japanese Consul at that place.
Sent to Peiping. Repeated to Chungking, Tsingtao and Shanghai.
- Neither printed.↩